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[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Proposed Rules]               
[Page 62486-62487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc10-19]                         

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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: Notice of procedures for submission of clarifying questions.

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SUMMARY: The FAA published a proposed rule 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 
requests from stakeholders to provide a forum during the comment period 
where they can pose clarifying questions and receive answers to them. 
In response to these requests, the FAA is issuing this notice, which 
includes the procedures for handling clarifying questions to the 
proposed rule.

[[Page 62487]]

DATES: You must submit your clarifying questions in writing using the 
procedures outlined below by October 15, 2010. The FAA anticipates 
responding to these submissions by October 22, 2010. Comments on the 
proposed rule must be received on or before November 15, 2010.

ADDRESSES: See the ``Procedures for Filing Clarifying Requests'' 
section of this notice.

FOR FURTHER INFORMATION CONTACT: See the ``Procedures for Filing 
Clarifying Requests'' section of this notice.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2010, the FAA published a notice of proposed 
rulemaking (NPRM) entitled ``Flightcrew Member Duty and Rest 
Requirements'' (75 FR 55852). 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 comment period closes November 
15, 2010.
    Since the docket opened, the FAA has received numerous requests for 
technical clarification of the proposed rulemaking. The FAA believes 
that it makes sense to provide additional clarity where comenters 
believe the draft regulatory text is unclear or omits pertinent 
information. For example, one commenter noted that there is a cross-
reference to the existing flight crewmember regulations in the 
regulations governing flight and duty time for flight attendants. By 
dropping all of the part 121 flight crewmember flight and duty 
regulations, that cross-reference would no longer make sense, and it 
would be unclear whether the provision still had any validity.
    To the extent possible, the FAA believes there is value in 
providing greater technical clarity while the comment period is still 
open. This clarity will allow interested parties to focus on the policy 
implications of the proposal without spending undue amounts of time 
trying to figure out how the rule, if implemented, would be implemented 
or interact with other regulatory requirements. The FAA also believes 
that there should be a cut-off for consideration of these technical 
issues so that commenters know with certainty how these issues are 
resolved before they finalize their comments.
    Accordingly, the FAA requests that all requests for clarification 
be submitted to the docket no later than October 15, 2010. The FAA 
anticipates responding to requests that are truly clarifying in nature 
by October 22, 2010, a full three weeks before the close of the comment 
period. To the extent a request raises policy considerations that are 
more appropriately resolved after the public has been given a full 
opportunity to comment, the FAA anticipates addressing those comments 
in a final rule.

Procedures for Filing Clarifying Requests

    The below procedures are not a substitute for filing substantive 
questions and comments to the proposed rule. The procedures for 
submitting those types of comments are discussed in the NPRM. 
Commenters should follow those procedures to file their substantive 
questions and comments by November 15, 2010.
    If you wish to submit a request to the FAA for clarification of the 
NPRM (Docket Number FAA-2009-1093) before the comment period closes, 
you must send your request using the below method by October 15, 2010.
    1. Post your request on the Federal eRulemaking Portal. To access 
this electronic docket, go to http://www.regulations.gov, enter Docket 
Number FAA 2009-1093, and follow the online instructions for sending 
your request electronically.
    2. In addition to sending your request to the electronic docket, 
send a copy via e-mail to the subject matter expert as noted below.
     Technical Clarifications: Dale E. Roberts, Air 
Transportation Division, Flight Standards Service, Federal Aviation 
Administration; e-mail dale.e.roberts@faa.gov.
     Legal Clarifications: Rebecca MacPherson, Office of the 
Chief Counsel, Regulations Division, Federal Aviation Administration; 
e-mail rebecca.macpherson@faa.gov.
     Cost/Benefit Clarifications: Peter Ivory, Office of 
Aviation Policy & Plans, Federal Aviation Administration; e-mail 
peter.ivory@faa.gov.
    The FAA will reply to requests for clarification to the NPRM if 
submitted by October 15, 2010. We will respond directly to you and post 
the response in the docket established for this rulemaking. We 
anticipate providing our response by October 22, 2010.

    Issued in Washington, DC, on October 6, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2010-25678 Filed 10-7-10; 11:15 am]
BILLING CODE 4910-13-P
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