28764 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations 

8. Flight attendant duty period 

limitations and rest requirements in 

§ 121.467(c) 

The final rule intended to change this 

subsection so that it cross-references 

part 117 instead of subparts Q, R, and 

S, as the pertinent flight, duty, and rest 

provisions have been moved out of 

subparts Q, R, and S and into part 117. 

However, the regulatory text of the final 

rule also inadvertently deleted a number 

of other provisions that were in this 

subsection. As such, § 121.467(c) has 

been corrected so that this subsection 

cross-references part 117, but retains its 

other provisions. The FAA notes that, 

pursuant to § 117.13, an unaugmented 

crew of flight attendants who operate 

under part 117 would be subject to the 

flight duty period limits set out in Table 

B. 

Accordingly, in the final rule, FR Doc. 

2011–33078, published on January 4, 

2012 (77 FR 330), make the following 

corrections: 

Effective Date [Corrected] 

■ 1. On page 330, in the first column, 

the text of DATES is corrected to read as 

follows: 

DATES: Effective January 4, 2014. 

■ 2. On page 398, in the third column, 

in § 117.3, the definition of ‘‘flight duty 

period (FDP)’’ is corrected to read as 

follows: 

§ 117.3 Definitions. 

* * * * * 

Flight duty period (FDP) means a 

period that begins when a flightcrew 

member is required to report for duty 

with the intention of conducting a 

flight, a series of flights, or positioning 

or ferrying flights, and ends when the 

aircraft is parked after the last flight and 

there is no intention for further aircraft 

movement by the same flightcrew 

member. A flight duty period includes 

the duties performed by the flightcrew 

member on behalf of the certificate 

holder that occur before a flight segment 

or between flight segments without a 

required intervening rest period. 

Examples of tasks that are part of the 

flight duty period include deadhead 

transportation, training conducted in an 

aircraft or flight simulator, and airport/ 

standby reserve, if the above tasks occur 

before a flight segment or between flight 

segments without an intervening 

required rest period. 

* * * * * 

■ 3. On page 399, in the second column, 

in § 117.3, the definition of ‘‘theater’’ is 

corrected to read as follows: 

§ 117.3 Definitions. 

* * * * * 

Theater means a geographical area in 

which the distance between the 

flightcrew member’s flight duty period 

departure point and arrival point differs 

by no more than 60 degrees longitude. 

* * * * * 

■ 4. On page 400, in the third column, 

in § 117.19, paragraph (b)(4) is corrected 

to read as follows: 

§ 117.19 Flight duty period extensions. 

* * * * * 

(b) * * * 

(4) Each certificate holder must report 

to the Administrator within 10 days any 

flight duty period that exceeded the 

maximum flight duty period limits 

permitted by Tables B or C of this part 

by more than 30 minutes. The report 

must contain a description of the 

circumstances surrounding the affected 

flight duty period. 

■ 5. On page 401, in the first column, in 

§ 117.23, paragraph (b)(1) is corrected to 

read as follows: 

§ 117.23 Cumulative limitations. 

* * * * * 

(b) * * * 

(1) 100 hours in any 672 consecutive 

hours or 

* * * * * 

■ 6. On page 401, in the first column, in 

§ 117.25, paragraph (b) is corrected to 

read as follows: 

§ 117.25 Rest Period. 

* * * * * 

(b) Before beginning any reserve or 

flight duty period a flightcrew member 

must be given at least 30 consecutive 

hours free from all duty within the past 

168 consecutive hour period. 

* * * * * 

■ 7. On the third column of page 401 

and the first column of page 402, in 

§ 117.29, paragraphs (b) and (g) are 

corrected to read as follows: 

§ 117.29 Emergency and government 

sponsored operations. 

* * * * * 

(b) The pilot-in-command may 

determine that the maximum applicable 

flight duty period and/or flight time 

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. 

* * * * * 

(g) Each certificate holder must 

implement the corrective action(s) 

reported pursuant to paragraph (f)(2) of 

this section within 30 days from the 

date of the extended flight duty period 

and/or the extended flight time. 

* * * * * 

■ 8. On page 402, in the second and 

third columns, in § 121.467, correctly 

revise paragraphs (c) introductory text 

and (c)(1) to read as follows: 

§ 121.467 Flight attendant duty period 

limitations and rest requirements: 

Domestic, flag, and supplemental 

operations. 

* * * * * 

(c) Notwithstanding paragraph (b) of 

this section, a certificate holder 

conducting domestic, flag, or 

supplemental operations may apply the 

flightcrew member flight time and duty 

limitations and rest requirements of part 

117 of this chapter to flight attendants 

for all operations conducted under this 

part provided that— 

(1) The certificate holder establishes 

written procedures that— 

(i) Apply to all flight attendants used 

in the certificate holder’s operation; 

(ii) Include the flightcrew member 

requirements contained in part 117, as 

appropriate to the operation being 

conducted, except that rest facilities on 

board the aircraft are not required; 

(iii) Include provisions to add one 

flight attendant to the minimum flight 

attendant complement for each 

flightcrew member who is in excess of 

the minimum number required in the 

aircraft type certificate data sheet and 

who is assigned to the aircraft under the 

provisions of part 117, as applicable, of 

this part; 

(iv) Are approved by the 

Administrator and are described or 

referenced in the certificate holder’s 

operations specifications; and 

* * * * * 

Issued in Washington, DC, on April 30, 

2012. 

Rebecca MacPherson, 

Assistant Chief Counsel for Regulations, 

AGC–200. 

[FR Doc. 2012–11592 Filed 5–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB58 

Temporary Non-agricultural 

Employment of H–2B Aliens in the 

United States 

AGENCY: Employment and Training 

Administration, Labor. 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations 28765 

ACTION: Guidance. 

SUMMARY: The Department of Labor (the 

Department) is providing notice of the 

judicial order enjoining the Department 

from implementing and enforcing the 

Temporary Non-agricultural 

Employment of H–2B Aliens in the 

United States, published February 21, 

2012 (the 2012 H–2B Final Rule). The 

2012 H–2B Final Rule revised the 

requirements by which employers 

seeking H–2B workers apply for a 

temporary labor certification for use in 

petitioning the Department of Homeland 

Security (DHS) to employ a 

nonimmigrant worker in H–2B status. 

The effective date of the 2012 H–2B 

Final Rule was April 23, 2012. The 

operative date of the 2012 H–2B Final 

Rule was April 27, 2012. This document 

provides guidance to the regulated 

community of the injunction, by judicial 

order, of the 2012 H–2B Final Rule and 

the continuing effectiveness of the 2008 

H–2B Rule until such time as further 

judicial or other action suspends or 

otherwise nullifies the order in the 

Bayou II litigation. 

DATES: This guidance is effective May 

16, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact William L. 

Carlson, Ph.D., Administrator, Office of 

Foreign Labor Certification, ETA, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Room C–4312, 

Washington, DC 20210; Telephone (202) 

693–3010 (this is not a toll-free 

number). Individuals with hearing or 

speech impairments may access the 

telephone number above via TTY by 

calling the toll-free Federal Information 

Relay Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: On 

February 21, 2012, the Department 

published a Final Rule amending the H– 

2B regulations at 20 CFR part 655, 

Subpart A. 77 FR 10038, February 21, 

2012. On April 23, 2012, the 

Department published guidance which 

provided that applications filed under 

Labor Certification Process and 

Enforcement for Temporary 

Employment in Occupations Other 

Than Agriculture or Registered Nursing 

in the United States (H–2B Workers), 

and Other Technical Changes, 73 FR 

78020, December 19, 2008 (the 2008 H– 

2B Rule), must be sent to the Office of 

Foreign Labor Certification’s (OFLC’s) 

Chicago National Processing Center 

(CNPC) and postmarked no later than 

midnight April 26, 2012. The guidance 

also provided that applications 

postmarked on or after April 27, 2012 

will be adjudicated in accordance with 

the requirements described in the 2012 

H–2B Final Rule. 

On April 16, several plaintiffs 

challenged the 2012 H–2B Final Rule in 

the U.S. District Court for the Northern 

District of Florida (Bayou Lawn & 

Landscape Services, et al. v. Hilda L. 

Solis, et al., 3:12–cv–00183–MCR–CJK), 

seeking to preliminarily enjoin the 

Department from implementing the rule 

on the basis that the Department lacked 

authority to issue the 2012 H–2B Final 

Rule and that the rule violated both the 

Administrative Procedure Act and the 

Regulatory Flexibility Act. Bayou Lawn 

& Landscape Services, et al. v. Solis, 

Case 3:12–cv–00183–MCR–CJK, 

Complaint at 5 (Apr. 16, 2012). On April 

26, 2012, the U.S. District Court for the 

Northern District of Florida issued an 

order temporarily enjoining the 

Department from implementing or 

enforcing the 2012 H–2B Final Rule 

pending ‘‘the court’s adjudication of the 

plaintiffs’ claims.’’ Bayou Lawn & 

Landscape Services et al. v. Solis, Case 

3:12–cv–00183–MCR–CJK, Order at 8 

(Apr. 26, 2012). 

Therefore, employers must file H–2B 

labor certification applications under 

the 2008 H–2B Rule, using those 

procedures and forms associated with 

the 2008 H–2B Rule for which the 

Department has received an emergency 

extension under the Paperwork 

Reduction Act. However, please be 

aware that this preliminary injunction 

necessarily calls into doubt the 

underlying authority of the Department 

to fulfill its responsibilities under the 

Immigration and Nationality Act and 

DHS’s regulations to issue the labor 

certifications that are a necessary 

predicate for the admission of H–2B 

workers. OFLC will post additional 

filing guidance on its Web site at 

http://www.foreignlaborcert.doleta.gov/. 

Signed in Washington, DC, this 11th day of 

May 2012. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2012–11859 Filed 5–15–12; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 91 and 576 

[Docket No. FR–5474–C–02] 

RIN 2506–AC31 

Homeless Emergency Assistance and 

Rapid Transition to Housing: 

Emergency Solutions Grants Program 

and Consolidated Plan Conforming 

Amendments; Correction 

AGENCY: Office of the General Counsel, 

HUD. 

ACTION: Interim rule; correction. 

SUMMARY: The document advises that 

the interim rule for the Emergency 

Solutions Grants program, published on 

December 5, 2011, displayed an 

incorrect RIN number. This document 

advises of the correct RIN number, 

2506–AC31, as displayed in the heading 

of this document. 

DATES: This correction is effective May 

16, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Camille E. Acevedo, Associate General 

Counsel for Legislation and Regulations, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 7th Street SW., Room 10282, 

Washington, DC 20410–0500; telephone 

number 202 708–1793 (this is not a tollfree number). Hearing- and speechimpaired persons may access this 

number through TTY by calling the 

Federal Relay Service at 800–877–8339 

(this is a toll-free number). 

SUPPLEMENTARY INFORMATION: On 

December 5, 2011, at 76 FR 75954, HUD 

published its interim rule on the 

Emergency Solutions Grants program. 

The heading for this rule displayed a 

RIN number of 2506–AC29, which was 

incorrect. RIN number 2506–AC29 is 

already assigned to another HUD rule, 

but not yet published, on HUD’s 

Continuum of Care program. The correct 

RIN number for the Emergency 

Solutions Grant interim rule is 2506– 

AC31, and this document advises of the 

correction. 

Dated: May 10, 2012. 

Camille E. Acevedo, 

Associate General Counsel for Legislation and 

Regulations. 

[FR Doc. 2012–11868 Filed 5–15–12; 8:45 am] 

BILLING CODE 4210–67–P 


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