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[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Proposed Rules]               
[Page 63424-63425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc10-16]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 117 and 121

[Docket No. FAA-2009-1093; Notice No. 10-11]
RIN 2120-AJ58

 
Flightcrew Member Duty and Rest Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Response to requests for a comment period extension.

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SUMMARY: The FAA published a Notice of Proposed Rulemaking (NPRM) on 
September 14, 2010, to amend its existing flight, duty and rest 
regulations applicable to certificate holders and their flightcrew 
members. The FAA has received several requests from stakeholders to 
extend the comment period for filing comments to the proposed rule. 
This notice provides the FAA's response to those requests.

DATES: The comment period for the NPRM published on September 14, 2010, 
at 75 FR 55852, closes on November 15, 2010.

ADDRESSES: You may send comments to the NPRM identified by Docket 
Number FAA-2009-1093, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of

[[Page 63425]]

Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to Docket Operations at 202-493-2251.
     Hand Delivery: 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.

For more information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket Web site, anyone can 
find and read the comments received into any of our dockets, including 
the name of the individual sending the comment (or signing the comment 
for an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time or 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.

FOR FURTHER INFORMATION CONTACT: Shirley Stroman, ARM-104, Office of 
Rulemaking, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591; e-mail shirley.stroman@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    You may refer to the NPRM published in the Federal Register (75 FR 
55852) on September 14, 2010 for detailed instructions on filing your 
comments to the proposed rule and how we will handle them.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking Portal at http://www.regulations.gov;
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; 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 docket number, notice number, or amendment number 
of this rulemaking.

Background

    On September 14, 2010, the FAA published an NPRM (75 FR 55852) 
entitled ``Flightcrew Member Duty and Rest Requirements.'' The proposed 
regulation recognizes the growing similarities between the types of 
operations and the universality of factors that lead to fatigue in most 
individuals. Fatigue threatens aviation safety because it increases the 
risk of pilot error that could lead to an accident. The new 
requirements, if adopted, would eliminate the current distinctions 
between domestic, flag and supplemental operations. The proposal 
provides different requirements based on the time of day, whether an 
individual is acclimated to a new time zone, and the likelihood of 
being able to sleep under different circumstances. The NPRM comment 
period is scheduled to close on November 15, 2010.
    Since publication of the NPRM, the FAA has received several 
petitions to extend the comment period. Requests for extension include 
those from National Air Carrier Association, Cargo Airline Association 
(CAA), United Parcel Service (UPS), Atlas Air Worldwide Holdings, Inc., 
Air Transport Association of America, Inc., (ATA), Air Carrier 
Association of America, Regional Airline Association, and others. The 
requests include ones for a 30-day extension, 45-day extension, 60-day 
extension, and 180-day extension.
    In general, the petitioners said the additional time is necessary 
due to the length and complexity of the NPRM and Regulatory Impact 
Analysis. Several petitioners, including CAA, UPS, and ATA, also said 
the recent statutory mandate that requires carriers to submit a Fatigue 
Risk Management Plan to the FAA by October 30, 2010, will take time and 
resources away from developing comments to the NPRM.
    The FAA has reviewed the requests for an extension of the comment 
period on the ``Flightcrew Member Duty and Rest Requirements'' NPRM. 
While we understand the reasons for these requests, we do not believe 
an extension is necessary for the reasons stated below.

FAA Response to Comment Period Extension Requests

    In 2009, the FAA established the Flight and Duty Time Limitations 
and Rest Requirements Aviation Rulemaking Committee (ARC). The ARC 
provided a forum for the aviation industry to give extensive input on 
revising current flight and duty time limitations regulations. 
Therefore, the FAA does not believe it is necessary to extend the 
comment period for the proposed rule. Consequently, the requests for an 
extension of the comment period are denied. Also, in the recently 
passed Airline Safety and Federal Aviation Administration Extension Act 
of 2010, Congress mandated that the FAA issue a final rule on pilot 
fatigue by August 1, 2011. To help ensure that we meet this deadline, 
the FAA must receive comments to its proposed rule by November 15, 
2010. However, as stated in Title 14 Code of Federal Regulations Sec.  
11.45, we will consider comments filed late if it is possible to do so 
without incurring expense or delay.
    The requests for extension and this Notice will be included in the 
rulemaking docket.

    Issued in Washington, DC, on October 12, 2010.
Dennis Pratte,
Acting Deputy Director, Office of Rulemaking.
[FR Doc. 2010-26142 Filed 10-14-10; 8:45 am]
BILLING CODE 4910-13-P
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