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Rules and Regulations Federal Register

3831 

Vol. 76, No. 14 

Friday, January 21, 2011 

1This requirement does not extend to part 135 

operators with only one pilot. 

2The NPRM exceeded the requirements outlined 

in NTSB recommendation A–03–52, which only 

addressed CRM training for dual-pilot operations in 

part 135. The FAA determined that CRM issues are 

not limited to dual-pilot operations, but rather, as 

indicated by the accident review, extend to all 

operations. Therefore, the FAA decided it was 

necessary to require CRM training for crewmembers 

conducting either dual- or single-pilot operations 

under part 135. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 135 

[Docket No.: FAA–2009–0023; Amendment 

No.: 135–122] 

RIN 2120–AJ32 

Crew Resource Management Training 

for Crewmembers in Part 135 

Operations 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule requires all 

certificate holders conducting 

operations under part 135 to include in 

their training programs crew resource 

management training for crewmembers, 

including pilots and flight attendants. 

This final rule is needed to ensure that 

crewmembers in part 135 operations 

receive training in the use of crew 

resource management principles, as 

appropriate for their operation. This 

final rule responds to National 

Transportation Safety Board 

recommendations, addresses a 

recommendation from the Part 125/135 

Aviation Rulemaking Committee, and 

codifies current FAA guidance. The 

intended effect of this final rule is to 

reduce the frequency and severity of 

errors that are crew based, which will 

reduce the frequency of accidents and 

incidents within the scope of part 135 

operations. 

DATES: This final rule becomes effective 

March 22, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Nancy Lauck Claussen, Air 

Transportation Division, AFS–200, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: 202– 

267–8166; e-mail: 

Nancy.L.Claussen@faa.gov. For legal 

questions concerning this final rule, 

contact Anne Bechdolt, Office of the 

Chief Counsel, AGC–200, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: 202– 

267–3073; e-mail: 

Anne.Bechdolt@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. This rulemaking is 

promulgated under the authority 

described in 49 U.S.C. 44701(a)(5), 

which requires the Administrator to 

promulgate regulations and minimum 

standards for other practices, methods, 

and procedures necessary for safety in 

air commerce and national security. 

II. Background 

A. Summary of Notice of Proposed 

Rulemaking (NPRM) 

Crew Resource Management (CRM) 

training is the incorporation of team 

management concepts in flight 

operations. This training focuses on 

communication and interactions among 

pilots, flight attendants, operations 

personnel, maintenance personnel, air 

traffic controllers, flight service stations, 

and others. CRM also focuses on single 

pilot communications, decision making 

and situational awareness. On May 1, 

2009, the FAA published an NPRM 

proposing to require all part 135 

certificate holders required to have 

training programs under 14 CFR 135.341 

to implement CRM training for pilots 

and flight attendants in part 135 

operations.1 See 74 FR 20263 (May 1, 

2009). The comment period for the 

NPRM closed on September 28, 2009. 

The intent of the NPRM was to create 

uniform standards for CRM training in 

part 135 operations by codifying 

existing guidance material in Advisory 

Circular (AC) 120–51E, Crew Resource 

Management Training, (Jan. 22, 2004), 

and AC 00–64, Air Medical Resource 

Management, (Jan. 22, 2005). The FAA 

determined this was necessary 

following a review of 268 accidents in 

part 135 operations that occurred 

between 1998 and 2008. Of these 268 

accidents, 24 were directly related to 

ineffective CRM and resulted in 83 

fatalities and 12 serious injuries. The 

NPRM also addressed National 

Transportation Safety Board (NTSB) 

recommendations A–01–12, A–03–52,2

and A–95–124, in addition to 

recommendations from the part 125/135 

Aviation Rulemaking Committee that all 

pilots in part 135 operations be 

proficient at mastering the resources 

available to them while managing many 

operational factors. 

B. Summary of Comments 

The FAA received seven comments 

on the proposed rule. Commenters 

include the Air Line Pilots Association 

(ALPA), Century CRM, LLC, Helicopter 

Association International (HAI), NTSB, 

Scientific Alliance for Education, and 2 

individuals. All comments were 

generally supportive of requiring CRM 

training for crewmembers in part 135 

operations. Additionally, some 

comments discussed increasing the 

requirements for certain provisions in 

the proposal, such as establishing 

minimum programmed hour 

requirements for training, and 

prohibiting credit for previous CRM 

training when a crewmember changes 

employers. One of the comments 

resulted in a substantive change to the 

proposed requirements, as discussed 

below. 

C. Summary of Final Rule 

The final rule requires certificate 

holders to establish initial and recurrent 

CRM academic training programs for 

crewmembers within 2 years of the 

effective date of the rule. At a minimum, 

the CRM training programs must 

address the authority of the pilot in 

command, communication processes, 

building and maintaining a flight team, 

managing workload and time, 

maintaining situational awareness, 

recognizing and mitigating fatigue and 

stress, and mastering aeronautical 

decision-making skills based on the 

certificate holder’s operating 

environment. Some credit may be given 

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3832 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 

for CRM training provided to 

crewmembers before the effective date 

of this rule under a voluntary CRM 

training program developed by 

certificate holders in accordance with 

AC 120–51E and AC 00–64. 

III. Discussion of Final Rule and 

Comments 

In the final rule, the FAA has retained 

all the requirements as proposed with 

one exception. The NTSB did not 

support the provision in the proposed 

rule that allowed part 135 operators to 

waive the requirement to provide initial 

CRM training to crewmembers who 

have previously received initial CRM 

training from another operator. The 

NTSB stated that such a provision 

would not be consistent with CRM 

training requirements for part 121 

operators, and, in the interest of safety, 

should not be allowed for part 135 

operations. The NTSB further supported 

this position by stating that part 135 

operations are characterized by a wide 

range of operational environments, 

applications, aircraft and automation 

capabilities, and crew complements. As 

a result, CRM training programs may 

vary widely among operators. To ensure 

the crewmember is familiar with its 

operator’s processes and procedures, 

NTSB asserted that initial CRM should 

be provided to crewmembers when 

transitioning to a new certificate holder. 

The NTSB recommended the FAA 

withdraw the provision that would 

allow certificate holders to waive the 

requirement for initial CRM training for 

crewmembers who have received initial 

CRM training from another part 135 

operator. 

Upon further review, the FAA has 

removed the language that allows 

certificate holders to waive the 

requirement for initial CRM training for 

crewmembers who have received initial 

CRM training from another operator. 

Given the unique operating 

environments of the various part 135 

operators, it is essential that a 

crewmember receive training on the 

certificate holder’s operational 

environment, procedures, effective use 

of automation capabilities, and 

communication with fellow 

crewmembers. When a crewmember 

begins employment with a different part 

135 certificate holder, the crewmember 

must complete that certificate holder’s 

initial CRM training program to ensure 

the crewmember is familiar with the 

operator’s policies and procedures. 

The NTSB also responded to the 

FAA’s request for comments about 

whether there is justification for 

applying the proposed rule differently 

for intrastate operations in Alaska. The 

NTSB stated that it believed that CRM 

training would improve safety for all 

part 135 on-demand operations, 

including certificate holders in Alaska. 

The NTSB recommended that the 

proposed requirements should be 

applied to certificate holders conducting 

operations in Alaska. 

The FAA agrees with the NTSB 

regarding the application of the 

requirements for CRM training. Of the 

24 accidents that the FAA identified as 

directly related to ineffective CRM, onethird of the accidents occurred in 

Alaska. Therefore, the FAA has retained 

the language proposed in the NPRM. 

There is no exception for certificate 

holders conducting intrastate operations 

in Alaska. 

ALPA supported the proposal and 

also recommended integrating CRM into 

flightcrew member job performance 

training as a tool to minimize the 

consequences of human error and to 

improve flightcrew performance. ALPA 

also agreed with the FAA that CRM 

training is appropriate for both pilots of 

single and multi-crew operations 

conducted under part 135. ALPA 

suggests the FAA require that 

individuals providing CRM training be 

employees of the air carrier. ALPA 

asserts this would ensure the instructors 

are familiar with the air carrier’s 

culture, policies and procedures, as 

opposed to a contracted instructor. As 

with the CRM requirements for part 121 

operations, the requirements in this 

final rule allow each operator the 

flexibility to design a training program 

that can meet the curriculum 

requirements via academic training and 

does not require job performance 

training. As recognized by HAI, these 

requirements allow ‘‘significant 

flexibility to allow training to be 

customized to the specific needs of 

individual operators.’’ For some 

operators, it may be appropriate to 

incorporate CRM training in their job 

performance training curriculums. This 

may not be necessary for all operators, 

however, because of the size of their 

operations. At a minimum, CRM 

training elements must be completed in 

initial and recurrent academic training. 

This final rule does not preclude an 

operator from incorporating CRM 

training into its job performance 

training curriculum if the operator 

determines it is necessary based on the 

complexity of its operations. 

The FAA has not required that all 

CRM instructors be employed by the air 

carrier. The FAA believes that the 

current requirements for instructors are 

appropriate. As with any other 

academic training, whether or not an 

instructor is a direct employee of the 

part 119 certificate holder or the 

employee of a part 142 certificate holder 

does not relieve the instructor or the 

certificate holder from the requirement 

in 14 CFR 135.323 that all instructors 

must be properly qualified to conduct 

the training in the certificate holder’s 

training program. 

The FAA also received a comment 

from a commercial provider of CRM 

training, Century CRM, LLC. Century 

CRM, LLC supported adoption of the 

provisions in the NPRM with regard to 

requiring CRM training for part 135 

operators, recognizing that CRM and 

human factors training are crucial to 

flight safety. In addition, Century CRM 

recommended that the FAA establish a 

minimum programmed hour 

requirement for CRM training to cover 

the required CRM training topics. 

The amount of CRM training that is 

necessary for each certificate holder 

may vary based on the complexity of the 

operations. Therefore, similar to the 

CRM training requirements for part 121 

operators, the FAA has not established 

a minimum programmed hour 

requirement for CRM for part 135 

operators. In evaluating and approving 

part 135 CRM training programs, the 

FAA will consider instructional 

techniques, the number of students in a 

class, the use of performance-based 

scenarios, new training technology, the 

use of student feedback, the 

measurement of training outcomes, as 

well as the time necessary to 

accomplish the training requirements 

for each certificate holder. 

The FAA is adopting the rule as 

proposed, with the exception that 

certificate holders will not be permitted 

to give credit for initial CRM training to 

new employees who have received 

initial CRM training with another 

operator. Within 2 years after the 

effective date of this rule, a certificate 

holder conducting part 135 operations is 

prohibited from using a crewmember 

unless that person has completed the 

certificate holder’s approved initial 

CRM training. 

Under the final rule, initial and 

recurrent CRM academic training must 

be provided to crewmembers in part 135 

operations. At a minimum, the training 

must address the authority of the pilot 

in command, communication processes, 

building and maintaining a flight team, 

managing workload and time, 

maintaining situational awareness, 

recognizing and mitigating fatigue and 

stress, and mastering the aeronautical 

decision-making skills tailored to the 

certificate holder’s operations. This 

training is in addition to current 

training requirements for crewmembers 

under part 135. In evaluating and 

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Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 3833 

approving part 135 CRM training 

programs, the FAA will consider 

instructional techniques, the number of 

students in a class, the use of 

performance-based scenarios, new 

training technology, the use of student 

feedback, the measurement of training 

outcomes, as well as the number of 

hours of training time. 

Paperwork Reduction Act 

This final rule will impose the 

following new information collection 

requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

these information collection 

amendments to OMB for its review. 

Notice of OMB approval for this 

information collection will be published 

in a future Federal Register document. 

Title: Crew Resource Management 

Training for Crewmembers in Part 135 

Operations. 

Summary: This final rule requires 

CRM training for crewmembers in 14 

CFR part 135 operations. This final rule 

is necessary to ensure that 

crewmembers in part 135 operations 

receive training and practice in the use 

of CRM principles, as appropriate for 

their operation. The intended effect of 

this final rule is to reduce the frequency 

and severity of errors that are crewbased, which will reduce the frequency 

of accidents and incidents within the 

scope of part 135 operations. 

Use of: This project is in direct 

support of the Department of 

Transportation’s Strategic Plan— 

Strategic Goal—SAFETY; i.e., to 

promote the public health and safety by 

working toward the elimination of 

transportation-related deaths and 

injuries. This clearance reflects 

requirements necessary under Title 14 

CFR part 135 to ensure safety-of-flight 

by making certain that complete and 

adequate training is provided and 

maintained by those who operate under 

this part of the regulation. The FAA will 

use the information it collects and 

reviews to ensure compliance and 

adherence to regulations and, where 

necessary, to take enforcement action on 

violators of the regulations. 

Respondents (including number of): 

The FAA estimated that there are 1,625 

certificate holders who are required to 

provide information in accordance with 

the final rule. The respondents to this 

proposed information requirement are 

certificate holders using the training 

requirements in 14 CFR part 135. 

Frequency: The FAA estimated that 

certificate holders will have a one time 

information collection and will then 

collect or report information 

occasionally thereafter. 

Annual Burden Estimate: This 

rulemaking results in a 10-year 

recordkeeping and reporting burden as 

follows: 

SUMMARY OF TIME AND COSTS

[10-Year] 

Cost Hours 

Development and submission of CRM Training Program ....................................................................................... $302,260.00 8,636.0 

Crewmember Training Record Keeping .................................................................................................................. 65,540.50 1,872.5 

Total .................................................................................................................................................................. 367,800.50 10,508.5 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), the FAA submitted a copy of 

the new information collection 

requirements in this final rule to the 

Office of Management and Budget for its 

review. 

An agency may not collect or sponsor 

the collection of information, nor may it 

impose an information collection 

requirement unless it displays a 

currently valid OMB control number. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these regulations. 

IV. Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Economic Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or Tribal governments, in 

the aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. We 

suggest readers seeking greater detail 

read the full regulatory evaluation, a 

copy of which we have placed in the 

docket for this rulemaking. 

In conducting these analyses, FAA 

has determined that this rule: (1) Has 

benefits that justify its costs; (2) is not 

an economically ‘‘significant regulatory 

action’’ as defined in section 3(f) of 

Executive Order 12866; (3) is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures; 

(4) will not have a significant economic 

impact on a substantial number of small 

entities; (5) will not create unnecessary 

obstacles to the foreign commerce of the 

United States; and (6) will not impose 

an unfunded mandate on State, local, or 

Tribal governments, or on the private 

sector by exceeding the threshold 

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3834 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 

identified above. These analyses are 

summarized as follows. 

Total Benefits and Costs of This Rule 

As seen in Table 1, the cost of this 

rule is $12.749 million ($9.015 million 

in present value terms using a 7 percent 

discount rate). Using a 25 percent 

accident rate reduction in which causal 

factors involved CRM training, the 

benefits are $32.261 million ($21.021 

million in present value terms using a 

7 percent discount rate). The net 

benefits from the rule will be $19.512 

million ($12.016 million in present 

value terms using a 7 percent discount 

rate). 

TABLE 1—SUMMARY OF THE TOTAL AND PRESENT VALUE CRM TRAINING COSTS AND BENEFITS

[Rounded to the nearest thousand 2010 dollars] 

Year 

Total costs Total benefits Benefits—costs 

Total P.V. 7% P.V. 3% Total P.V. 7% P.V. 3% Total P.V. 7% P.V. 3% 

2011 ................................. $1,177 $1,101 $1,143 $0 $0 $0 ($1,177 ) ($1,101 ) ($1,143 ) 

2012 ................................. 1,870 1,634 1,762 0 0 0 (1,870 ) (1,634 ) (1,762 ) 

2013 ................................. 1,133 924 1,037 4,032 3,292 3,690 2,899 2,368 2,653 

2014 ................................. 1,155 881 1,026 4,032 3,076 3,583 2,877 2,195 2,557 

2015 ................................. 1,177 839 1,016 4,032 2,875 3,478 2,855 2,036 2,462 

2016 ................................. 1,200 799 1,005 4,032 2,687 3,377 2,832 1,888 2,372 

2017 ................................. 1,223 761 995 4,032 2,511 3,279 2,809 1,750 2,284 

2018 ................................. 1,247 726 984 4,032 2,347 3,183 2,785 1,621 2,199 

2019 ................................. 1,271 691 974 4,032 2,193 3,091 2,761 1,502 2,117 

2020 ................................. 1,296 659 964 4,032 2,050 3,001 2,736 1,391 2,037 

Total .......................... 12,749 9,015 10,906 32,261 21,031 26,681 19,512 12,016 15,775 

Aviation Industry Affected 

The rule will affect part 135 certificate 

holders who are required to have an 

approved training program. In 2009, 

there were 1,625 part 135 operators that 

employed 25,033 crewmembers, of 

which 24,447 were pilots and 586 were 

flight attendants. 

Period of Analysis 

We used a 10-year time period (2011– 

2020) to calculate the CRM training 

costs and benefits from CRM training. A 

10-year period of analysis is sufficient to 

determine costs and benefits because 

much of the costs are front-loaded. 

Risk of an Accident Caused by the 

Absence of CRM Training 

We evaluated part 135 accidents from 

March 20, 1997 through March 7, 2008. 

During this time period, there were 24 

accidents (18 involving airplanes and 6 

involving helicopters) with causal 

factors directly related to a lack of 

effective CRM. These accidents were 

responsible for 83 fatalities (66 

involving airplanes and 17 involving 

helicopters) and 12 serious injuries (all 

involving airplanes). 

Further, of the 18 airplane accidents, 

8 involved single-pilot operations and 

10 involved dual-pilot operations. All 6 

of the helicopter accidents involved 

single-pilot operations. The individual 

accident histories are in the Final 

Regulatory Evaluation, which is in the 

docket. 

Assumptions and Data Used To 

Estimate Benefits 

The values are $6 million for a 

prevented fatality, $2.015 million for a 

prevented serious injury, and $53,000 

for a minor injury. 

Potential CRM Training Effectiveness 

and Benefits 

We reviewed all part 121 accidents 

contained in the NTSB data base 

between 1988 through 2007 involving 

the same causal factors relevant to CRM 

and divided them into accidents 

occurring from 1988 through 1997, and 

accidents occurring after 1997, the 

effective date of the CRM training 

requirement for certificate holders 

conducting operations under 14 CFR 

part 121. We then calculated the CRM 

training-related accident rates for these 

two groups and found that the accident 

rates decreased from 0.0000206 to 

0.0000182 (an 11.65 percent decline) 

and the accident rate for all fatal 

accidents decreased from 0.0000048 to 

0.0000036 (a 25 percent decline). 

Although these rate reductions are not 

statistically significant due to the 

infrequency of these accidents, they can 

be useful in establishing an upper 

bound for the potential CRM training 

effectiveness rate for part 135 

operations. 

In order to illustrate the potential part 

135 CRM training benefits, we applied 

the part 121 accident rate reductions of 

25 percent for fatal accidents and 11.65 

percent for non-fatal accidents to the 24 

CRM-related part 135 accidents. Had the 

CRM training rule been effective in 1997 

for all certificate holders conducting 

operations under part 135 that are 

required to have an approved training 

program, it could have prevented 2.75 of 

these fatal airplane accidents involving 

16.5 fatalities and 2.25 serious injuries, 

as well as 1 fatal helicopter accident 

involving 4.25 fatalities. It also could 

have prevented 1 non-fatal airplane and 

helicopter accident. On that basis, the 

rule could have prevented 3.75 fatal 

accidents involving 20.75 fatalities and 

2.25 serious injures. 

Applying the DOT values to all of the 

accidents hypothetically prevented, an 

upper-bound quantified benefit of about 

$121 million, which has a present value 

of about $84 million using a 7 percent 

discount rate, would have resulted had 

the rule been in effect since 1997. 

Compliance Cost Assumptions 

Current industry practice is the 

baseline for the incremental compliance 

costs. 

Each operator will provide training 

for its employees because CRM training 

is classroom training that will be 

incorporated into the current initial and 

recurrent academic training programs 

required by existing rules. 

All 26 large operators with more than 

100 crewmembers and 10 percent of the 

400 operators with 10–99 crewmembers 

(40 operators) already provide CRM 

training and will incur minimal 

compliance costs. 

The FAA estimates that 360 of the 

medium-sized operators and all of the 

1,199 small operators with fewer than 

10 crewmembers currently do not 

provide CRM training. These operators 

will incur compliance costs. 

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Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 3835 

The average cost to develop a CRM 

training program will be $1,170 for a 

medium-sized operator and $680 for a 

small operator. 

Current pilots and future new pilots 

in medium-sized operations will need 

4 hours for initial CRM training while 

those in small operations will need 3 

hours. 

Current flight attendants and future 

new flight attendants will need 2 hours 

for initial CRM training. 

Annual recurrent CRM training will 

take one-half of the time that initial 

CRM training would require. 

There will be an average of 10 pilots 

in an initial or recurrent CRM training 

session for a medium-sized operator and 

an average of 3.66 pilots for a small 

operator. 

There will be an average of 3.92 flight 

attendants in an initial or recurrent 

CRM training session for a mediumsized operator and an average of 1.1 

flight attendants for a small operator. 

The average cost for an initial CRM 

pilot training session will be $1,293 for 

a medium-sized operator and $428 for a 

small operator. 

The average cost for an initial CRM 

flight attendant training session will be 

$207 for a medium-sized operator and 

$94 for a small operator. 

The average cost for recurrent CRM 

pilot training will be $647 for a 

medium-sized operator and $214 for a 

small operator. 

The average cost for recurrent CRM 

flight attendant training will be $104 for 

a medium-sized operator and $47 for a 

small operator. 

Initial CRM training for crewmembers 

new to part 135 employment as well as 

initial CRM training for crewmembers 

who change employers within part 135 

operators will be done on a one-to-one 

basis with the trainer. The average cost 

will be $208 per new pilot hire for 

medium-sized operators and $156 for 

small operators. The average cost will be 

$76 per new flight attendant hire for 

medium-sized and small operators. 

Compliance Costs 

Based on those data and assumptions, 

as shown in Table 2, we estimated that 

the rule from 2011 through 2020 would 

have a total cost of $12.749 million, 

which would have a present value of 

$9.015 million using a 7 percent 

discount rate, and a present value of 

$10.906 million using a 3 percent 

discount rate. 

TABLE 2—SUMMARY OF THE TOTAL CRM TRAINING COSTS BY SOURCE OF COST

[2011 through 2020] 

[Rounded to the nearest thousand 2010 dollars] 

Source of cost 

Total costs 

Nominal Present value 

(7%) 

Present value 

(3%) 

EXISTING OPERATOR CRM PLAN ......................................................................... $1,177 $1,101 $1,143 

NEW OPERATOR CRM PLAN ................................................................................. 345 234 290 

EXISTING PILOT TRAINING .................................................................................... 1,621 1,415 1,527 

NEW PILOT TRAINING ............................................................................................. 1,513 1,015 1,267 

JOB-TRANSFERRED PILOT TRAINING .................................................................. 882 582 733 

PILOT RECURRENT (ANNUAL) TRAINING ............................................................ 7,135 4,617 5,881 

FLIGHT ATTENDANT TRAINING ............................................................................. 76 51 65 

TOTAL ................................................................................................................ 12,749 9,015 10,906 

Cost-Benefit Comparison 

As presented earlier, an upper-bound 

estimate of the quantified benefits using 

a $6 million value for a prevented 

fatality would be $121 million, which 

would be larger than the undiscounted 

compliance cost of $12.75 million. 

An alternative way of looking at the 

cost-benefit analysis is that if the rule 

were to prevent only 2 fatalities and 1 

serious injury during this 10-year 

period, the rule would be cost 

beneficial. 

Finally, we should not overlook the 

fact that 9 out of 9 operators we 

surveyed already provide CRM training. 

Thus, these operators have already 

made an implied internal cost-benefit 

analysis that the benefits from CRM 

training are worth its costs. 

For those reasons, we conclude that 

the CRM training rule would be cost 

beneficial. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. Based on 

the following, the FAA certifies that this 

rule would not have a significant impact 

on a substantial number of small 

entities. 

There would be 1,559 small entities 

employing 11,815 crewmembers under 

the North American Industrial 

Classification System (NACIS) codes 

481211 (Non-Scheduled Air Services) 

and 621910 (Ambulance Services) that 

would be affected by the rule. The 

average number of crewmembers would 

be 7.6. The Small Business 

Administration (SBA) has established, 

under NAICS code 481211, that all 

operators with fewer than 1,500 

employees are small businesses. 

Furthermore, for all operators that fall 

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3836 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 

under NAICS code 621910, SBA has 

established that all operators with 

annual receipts of $7 million or less are 

small businesses. All of the operators 

affected by the rule except one are small 

businesses. 

This rule will not have a significant 

economic impact on a substantial 

number of entities because the average 

initial cost per operator is between $680 

and $1,170. Further, the average annual 

cost per operator is $450, which is less 

than one percent of annual revenues. 

The Initial Regulatory Flexibility 

Assessment had estimated similar 

compliance costs and the FAA received 

no adverse comments in response to its 

assessment. 

Therefore, as Administrator I certify 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Analysis 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing any standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards are not 

considered unnecessary obstacles to the 

foreign commerce of the United States, 

so long as the standards have a 

legitimate domestic objective, such as 

the protection of safety, and do not 

operate in a manner that excludes 

imports that meet this objective. The 

FAA notes the purpose is to ensure the 

safety of the American public, and has 

assessed the effects of this rule to ensure 

it does not exclude imports that meet 

this objective. As a result this rule is not 

considered as creating an unnecessary 

obstacle to foreign commerce. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and Tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

This rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Act do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action does not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have federalism implications. 

Regulations Affecting Intrastate 

Aviation in Alaska 

Section 1205 of the FAA 

Reauthorization Act of 1996 (110 Stat. 

3213) requires the FAA, when 

modifying its regulations in a manner 

affecting intrastate aviation in Alaska, to 

consider the extent to which Alaska is 

not served by transportation modes 

other than aviation, and to establish 

appropriate regulatory distinctions. In 

the NPRM, we requested comments on 

whether the proposed rule should apply 

differently to intrastate operations in 

Alaska. We did receive a comment from 

the NTSB recommending that this rule 

should apply to operations in Alaska. 

We have determined, based on the 

administrative record of this 

rulemaking, that there is no need to 

make any regulatory distinctions 

applicable to intrastate aviation in 

Alaska. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312F and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy. 

Availability of Rulemaking Documents 

You can get an electronic copy of 

rulemaking documents 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. 

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 amendment number or 

docket number of this rulemaking. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://DocketsInfo.dot.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. If 

you are a small entity and you have a 

question regarding this document, you 

may contact your local FAA official, or 

the person listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. You can find 

out more about SBREFA on the Internet 

at http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

List of Subjects in 14 CFR Part 135 

Air carriers, Aircraft, Aviation safety, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations, as follows: 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 1. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 40113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 45101–45105. 

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Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 3837 

■ 2. In § 135.329, add paragraph (a)(4) to 

read as follows: 

§ 135.329 Crewmember training 

requirements. 

(a) * * * 

(4) Crew resource management 

training in § 135.330. 

* * * * * 

■ 3. Add § 135.330 to subpart H to read 

as follows: 

§ 135.330 Crew resource management 

training. 

(a) Each certificate holder must have 

an approved crew resource management 

training program that includes initial 

and recurrent training. The training 

program must include at least the 

following: 

(1) Authority of the pilot in command; 

(2) Communication processes, 

decisions, and coordination, to include 

communication with Air Traffic 

Control, personnel performing flight 

locating and other operational 

functions, and passengers; 

(3) Building and maintenance of a 

flight team; 

(4) Workload and time management; 

(5) Situational awareness; 

(6) Effects of fatigue on performance, 

avoidance strategies and 

countermeasures; 

(7) Effects of stress and stress 

reduction strategies; and 

(8) Aeronautical decision-making and 

judgment training tailored to the 

operator’s flight operations and aviation 

environment. 

(b) After March 22, 2013, no 

certificate holder may use a person as a 

flightcrew member or flight attendant 

unless that person has completed 

approved crew resource management 

initial training with that certificate 

holder. 

(c) For flightcrew members and flight 

attendants, the Administrator, at his or 

her discretion, may credit crew resource 

management training completed with 

that certificate holder before March 22, 

2013, toward all or part of the initial 

CRM training required by this section. 

(d) In granting credit for initial CRM 

training, the Administrator considers 

training aids, devices, methods and 

procedures used by the certificate 

holder in a voluntary CRM program 

included in a training program required 

by § 135.341, § 135.345, or § 135.349. 

■ 4. In § 135.351, revise paragraph (b)(2) 

to read as follows: 

§ 135.351 Recurrent training. 

* * * * * 

(b) * * * 

(2) Instruction as necessary in the 

subjects required for initial ground 

training by this subpart, as appropriate, 

including low-altitude windshear 

training and training on operating 

during ground icing conditions as 

prescribed in § 135.341 and described in 

§ 135.345, crew resource management 

training as prescribed in § 135.330, and 

emergency training as prescribed in 

§ 135.331. 

* * * * * 

Issued in Washington, DC, on January 11, 

2011. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. 2011–1211 Filed 1–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9512] 

RIN 1545–BF08 

Nuclear Decommissioning Funds; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains a 

correction to final regulations (TD 9512) 

that were published in the Federal 

Register on Thursday, December 23, 

2010 (75 FR 80697) relating to 

deductions for contributions to trusts 

maintained for decommissioning 

nuclear power plants. 

DATES: This correction is effective on 

January 21, 2011, and is applicable on 

December 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Patrick S. Kirwan, (202) 622–3110 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9512) that 

are the subject of this document are 

under section 468A of the Internal 

Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9512) contain an error that may 

prove to be misleading and is in need 

of clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendment: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.468A–6 is amended 

by revising the last sentence of 

paragraph (e)(3) Example 2. to read as 

follows: 

§ 1.468A–6 Disposition of an interest in a 

nuclear power plant. 

* * * * * 

(e) * * * 

(3) * * * 

Example 2. * * * Pursuant to paragraph 

(e)(1)(iii) of this section, Y must file a request 

for a revised schedule of ruling amounts by 

March 15 of year 7. 

* * * * * 

LaNita Van Dyke, 

Branch Chief, Publications and Regulations, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2011–1215 Filed 1–20–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1142] 

Drawbridge Operation Regulation; 

Chickasaw Creek, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the CSX 

Railroad Swing Span Bridge across 

Chickasaw Creek, mile 0.0, in Mobile, 

Alabama. The deviation is necessary to 

replace railroad ties on the bridge. This 

deviation allows the bridge to remain 

closed for nine hours with a one-hour 

mid-day opening on February 8 and 9, 

2011. 

DATES: This deviation is effective from 

7 a.m. on Tuesday, February 8, 2011 

until 4 p.m. on Wednesday, February 9, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

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