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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

28763 

Vol. 77, No. 95 

Wednesday, May 16, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117, 119, and 121 

[Docket No. FAA–2009–1093; Amdt. Nos. 

117–1A, 119–16A, 121–357A] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements; Correction 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting the 

final flightcrew member duty and rest 

rule published on January 4, 2012. In 

that rule, the FAA amended its existing 

flight, duty and rest regulations 

applicable to certificate holders and 

their flightcrew members operating 

certain domestic, flag, and supplemental 

operations. This document corrects the 

effective date and several errors in the 

codified text of the final flightcrew 

member duty and rest rule. 

DATES: The effective date for the rule 

published January 4, 2012, at 77 FR 330, 

is corrected to January 4, 2014. The 

corrections in this document are 

effective January 4, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Dale E. Roberts, Air 

Transportation Division (AFS–200), 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–5749; email dale.e.roberts@faa.gov. 

For legal questions concerning this 

action, contact Alex Zektser, AGC–220, 

Office of Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email: 

alex.zektser@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 4, 2012, the FAA 

published a final rule entitled, 

‘‘Flightcrew Member Duty and Rest 

Requirements’’ (77 FR 330). In that rule, 

the FAA created a new part, part 117, 

which replaced the then-existing flight, 

duty, and rest regulations for part 121 

passenger operations. As part of this 

rulemaking, the FAA also applied the 

new part 117 to certain part 91 

operations, and it permitted all-cargo 

operations operating under part 121 to 

voluntarily opt into the part 117 flight, 

duty, and rest regulations. 

After the final rule was published, the 

FAA discovered several errors in the 

regulatory text of the rule. These errors, 

and the corresponding corrections, are 

as follows. 

Corrections 

1. Effective Date 

The final rule has a 2-year effective 

date. The preamble to the final rule 

emphasizes that ‘‘[t]he FAA has 

determined that two years is a 

substantial period of time, and that a 

longer effective date is unwarranted’’ 

(77 FR 392). Because the final rule was 

published on January 4, 2012, the 

effective date of the rule should be 

January 4, 2014 and not January 14, 

2014. This rule has been corrected 

accordingly. 

2. Definition of Flight Duty Period 

The punctuation in the last sentence 

of this definition has been corrected so 

that the sentence ends in a period and 

not a colon. 

3. Definition of Theater 

The final rule defines theater as ‘‘a 

geographical area where local time at 

the flightcrew member’s flight duty 

period departure point and arrival point 

differ by more than 60 degrees 

longitude.’’ This correction removes the 

phrase ‘‘local time’’ from this regulatory 

text because degrees longitude is a 

measure of distance and not time. In 

addition, to accurately depict the proper 

geographical area intended by the rule, 

the distance between departure and 

arrival points in a theater should differ 

by ‘‘no more than’’ 60 degrees longitude 

instead of ‘‘more than’’ 60 degrees 

longitude. Accordingly, the definition of 

theater has been corrected to specify 

that the distance between arrival and 

departure points in a single theater 

cannot exceed 60 degrees longitude. 

4. Flight Duty Period Extension 

Reporting in § 117.19(b)(4) 

The preamble to the final rule 

specifies that a certificate holder is only 

required to report FDP extensions that 

exceed the pertinent FDP limits by more 

than 30 minutes (77 FR 370–71). 

Accordingly, subsection 117.19(b)(4) 

has been corrected to clarify that a 

report for an FDP extension is only 

necessary if the FDP exceeded the 

pertinent FDP limit by more than 30 

minutes. 

5. Cumulative Limitations in § 117.23(b) 

The cumulative flight-time limitations 

in § 117.23(b) have been corrected to 

clarify that a flightcrew member cannot 

accept an assignment that would cause 

that crewmember’s total flight time to 

exceed either 100 hours in any 672 

consecutive hours or 1,000 hours in any 

365 consecutive calendar day period. 

6. Rest Period in § 117.25(b) 

Subsection 117.25(b) in the final rule 

states that ‘‘[b]efore beginning any 

reserve or flight duty period a flightcrew 

member must be given at least 30 

consecutive hours free from all duty in 

any 168 consecutive hour period.’’ This 

section has been corrected to clarify that 

the ‘‘168 consecutive hour period’’ is 

the period that precedes the beginning 

of the flight duty period. 

7. Emergency and Government 

Sponsored Operations in § 117.29 

Section 117.29 applies to certain 

emergency and government-sponsored 

operations. The preamble to the final 

rule explains that, in certain situations, 

this section allows ‘‘the FDP and the 

flight time for a particular operation to 

be extended if deemed necessary by the 

pilot-in-command’’ (77 FR 387). 

However, the regulatory text of § 117.29 

provided for an FDP extension but 

inadvertently did not apply the 

extension to flight-time. Accordingly, 

the regulatory text of this section has 

been corrected to provide for a flighttime extension in addition to an FDP 

extension. In addition, subsection 

117.29(g) has been corrected so that it 

cross-references the correct paragraph of 

§ 117.29. 


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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. 


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