Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3469 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes an RNAV route to enhance 

the safe and efficient flow of traffic in 

the east-central United States. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a, 311b. This airspace 

action is not expected to cause any 

potentially significant environmental 

impacts, and no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008 and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 2006 United States Area 

Navigation Routes. 

* * * * * 

Q–42 IRK MO to ELIOT, PA [New] 

IRK ................................................................. VORTAC ........................................................ (Lat. 40°08′06′′ N., long. 92°35′30′′ W.) 

STRUK ........................................................... WP ................................................................. (Lat. 40°14′04′′ N., long. 90°18′22′′ W.) 

DNV ............................................................... VORTAC ........................................................ (Lat. 40°17′38′′ N., long. 87°33′26′′ W.) 

MIE ................................................................. VOR/DME ...................................................... (Lat. 40°14′14′′ N., long. 85°23′39′′ W.) 

HIDON ........................................................... WP ................................................................. (Lat. 40°10′00′′ N., long. 81°37′27′′ W.) 

BUBAA .......................................................... WP ................................................................. (Lat. 40°10′27′′ N., long. 80°58′17′′ W.) 

PSYKO ........................................................... WP ................................................................. (Lat. 40°08′37′′ N., long. 79°09′13′′ W.) 

BRNAN .......................................................... WP ................................................................. (Lat. 40°08′07′′ N., long. 77°50′07′′ W.) 

MAALS .......................................................... WP ................................................................. (Lat. 40°19′16′′ N., long. 76°16′08′′ W.) 

SUZIE ............................................................. WP ................................................................. (Lat. 40°27′12′′ N., long. 75°58′22′′ W.) 

ETX ................................................................ VOR/DME ...................................................... (Lat. 40°34′52′′ N., long. 75°41′02′′ W.) 

ELIOT ............................................................. WP ................................................................. (Lat. 40°49′07′′ N., long. 75°07′48′′ W.) 

* * * * * 

Issued in Washington, DC, on January 12, 

2009. 

Edith V. Parish, 

Manager, Airspace & Rules Group. 

[FR Doc. E9–1112 Filed 1–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2009–0022; Notice No. 09– 

01] 

RIN 2120–AJ30 

Crewmember Requirements When 

Passengers Are Onboard 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: Currently, during passenger 

boarding and deplaning, all flight 

attendants are required to be on board 

the airplane. This rulemaking would 

allow one required flight attendant to 

deplane during passenger boarding, and 

conduct safety-related duties, as long as 

certain conditions are met. In addition, 

this rulemaking would allow a 

reduction of flight attendants remaining 

on board the airplane during passenger 

deplaning, as long as certain conditions 

are met. The FAA has determined that 

these revisions to current regulations 

can be made as a result of recent safety 

enhancements to airplane equipment 

and procedures. These changes have 

mitigated the risks to passengers during 

ground operations that previously 

required all flight attendants on board 

the airplane during passenger boarding 

and deplaning. 

DATES: Send your comments on or 

before April 21, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0022 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: 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. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

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 

electronic form of all comments 

received into any of our dockets, 

mstockstill on PROD1PC66 with PROPOSALS

3470 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

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 

and follow the online instructions for 

accessing the docket. Or, go to the 

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: For 

questions concerning this proposed rule 

contact Jodi L. Baker, Air Transportation 

Division/Air Carrier Operations Branch, 

AFS–220, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–8166; facsimile 

(202) 267–5229, e-mail 

Jodi.L.Baker@faa.gov. For legal 

questions concerning this proposed rule 

contact Paul Greer, Operations Law 

Branch, AGC–220; telephone (202) 267– 

3073, e-mail Paul.Greer@faa.gov. 

SUPPLEMENTARY INFORMATION: Later in 

this preamble under the Additional 

Information section, we discuss how 

you can comment on this proposal and 

how we will handle your comments. 

Included in this discussion is related 

information about the docket, privacy, 

and the handling of proprietary or 

confidential business information. Also, 

we discuss how you can get a copy of 

this proposal and related rulemaking 

documents. 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator, including the authority 

to issue, rescind, and revise regulations. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Chapter 447—Safety Regulation. Under 

section 44701(a)(5), the FAA is charged 

with promoting safe flight of civil 

aircraft by, among other things, 

prescribing regulations the FAA finds 

necessary for safety in air commerce. 

Background 

Statement of the Problem 

The FAA has decided to review its 

current regulation regarding flight 

attendant requirements during 

passenger boarding and deplaning in 

light of safety enhancements to airplane 

equipment and procedures, and changes 

in airplane security procedures and 

requirements. These changes have 

mitigated the risks to passengers during 

ground operations that previously 

required all flight attendants be on 

board the airplane during passenger 

boarding and deplaning. 

Current rules prohibit a required 

flight attendant from deplaning an 

airplane for any reason during passenger 

boarding and deplaning, even to 

conduct safety-related duties. This 

prohibition has unintentional 

consequences that may adversely affect 

conditions inside the passenger cabin. 

This proposed rule would allow air 

carriers to permit one required flight 

attendant to deplane during passenger 

boarding and one or more required 

flight attendants to deplane during 

passenger deplaning, subject to certain 

conditions and limitations. 

History 

This issue has been addressed 

numerous times over the last two 

decades and has been the subject of 

guidance documents, legal 

interpretations and petitions for 

exemption. 

In 1982, the FAA amended 14 CFR 

121.391 and inserted § 121.391(e) to 

allow a reduction in the number of 

required flight attendants during stops 

where passengers remain on board (also 

called ‘‘intermediate stops’’) (47 FR 

56460; December 16, 1982). Section 

121.391(e) was recodified as 

§ 121.393(b) in 1995 (60 FR 65832; 

December 20, 1995). 

On May 14, 1985, John Cassady, 

Assistant Chief Counsel for the 

Regulations and Enforcement Division 

of the FAA, issued a written 

interpretation to William Brennan, 

Manager of the Flight Standards Service, 

Air Transportation Division, stating that 

‘‘during the deplaning and boarding 

phase at an intermediate stop, all of the 

flight attendants required by 14 CFR 

121.391(a) must be on board the 

aircraft.’’ A copy of this document has 

been placed in the docket for this 

rulemaking. This rulemaking is 

intended to codify a change to this 

interpretation. 

On August 8, 1986, the Director of the 

Flight Standards Service issued Action 

Notice A8430.5, FAR 121.391(a) and (e); 

Flight Attendants, stating ‘‘at 

intermediate stops where passengers 

remain on board the aircraft, at least the 

number of persons specified in 

§ 121.391(e) must be aboard the aircraft. 

This includes that period of time during 

which passengers are deplaning or 

boarding.’’ This Action Notice appeared 

to permit a reduction of required flight 

attendant crewmembers during boarding 

and deplaning at intermediate stops, 

possibly in conflict with the legal 

interpretation of 1985. Although 

currently expired, a copy of this 

document has also been placed in the 

docket for this rulemaking. 

On April 5, 1989, the FAA issued an 

NPRM, ‘‘Flight Attendant 

Requirements’’ (54 FR 15134; April 14, 

1989) proposing to allow a reduced 

number of flight attendants aboard 

passenger-carrying airplanes at all stops, 

during passenger boarding and 

deplaning, subject to certain conditions 

and limitations. The NPRM was 

withdrawn in 1996 (61 FR 29000; June 

6, 1996). 

In 2003, the Air Transport Association 

(ATA) petitioned for rulemaking to 

amend § 121.391 and permit flight 

attendants to use a phone on the 

passenger loading bridge during 

boarding, deplaning and stops where 

passengers remain on board (68 FR 

61161; October 27, 2003). The ATA 

subsequently withdrew the petition on 

December 12, 2003, noting it cited an 

incorrect regulation (Regulatory Docket 

No. FAA–2003–14594). The ATA did 

not re-petition. 

On May 8, 2001, the FAA’s Assistant 

Chief Counsel for Regulations affirmed 

the 1985 legal interpretation that all 

flight attendants required by § 121.391 

needed to be on board the aircraft 

during passenger boarding and 

deplaning in a memo to the Manager of 

the Air Transportation Division. The Air 

Transportation Division subsequently 

issued guidance in accordance with the 

2001 legal interpretation via Flight 

Standards Information Bulletin for Air 

Transportation, FSAT 01–03, Number of 

Flight Attendants Required at Stops 

Where Passengers Remain Onboard, 14 

CFR 121.391 and 121.393. A copy of 

this document has also been placed in 

the docket for this rulemaking. The 

information contained in this FSAT is 

currently found in FAA Order 8900.1, 

Flight Standards Information 

Management System (FSIMS) Volume 3, 

Chapter 33 Cabin Safety and Flight 

Attendant Management, section 4 Flight 

Attendant Requirements (http:// 

fsims.faa.gov/). 

In 2006, Southwest Airlines 

petitioned for an exemption to 

substitute a pilot for one required flight 

attendant during boarding at an 

intermediate stop and to reduce the 

number of required flight attendants on 

board during the deplaning of 

passengers at an intermediate stop. The 

FAA granted this exemption in 2007 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3471 

(Exemption No. 9382, Regulatory Docket 

No. FAA–2006–25466). Three 

additional air carriers have been issued 

similar grants of exemption since the 

issuance of the original grant. 

Current Requirements 

During any passenger boarding and 

deplaning, the full complement of flight 

attendants required by § 121.391(a) must 

be on board the airplane at all times 

(See Memo from John Cassady to 

William Brennan, dated May 14, 1985). 

However § 121.393 permits a reduction 

of the number of required flight 

attendants when passengers are on 

board the airplane with the engines shut 

down and at least one floor level exit is 

open to provide for the deplaning of 

passengers. The formula for determining 

the reduction of flight attendants is: Half 

the number of flight attendants required 

by § 121.391(a), rounded down to the 

next lower number in the case of a 

fraction, but never fewer than one. 

General Discussion of the Proposal 

During passenger boarding and 

deplaning, it may be in the interest of 

the traveling public for a flight attendant 

to conduct safety-related duties outside 

the airplane cabin. However, current 

regulations prohibit a flight attendant 

from performing these duties if the 

flight attendant is one of the flight 

attendants required by § 121.391(a). 

As previously noted, the number of 

flight attendants required during 

passenger boarding and deplaning has 

been discussed numerous times since 

1985. Although the FAA consistently 

upheld the requirement that all flight 

attendants required by § 121.391(a) stay 

on board the airplane during boarding 

and deplaning, changes to regulations 

since 1985 have reduced the hazards to 

passengers during these phases of 

operation. These changes have reduced 

risks to passengers by improving 

firefighting equipment, increasing the 

time available to evacuate an airplane 

and improving accessibility to exits. 

Examples include: 

• Requiring lavatory smoke detectors, 

automatic lavatory waste receptacle fire 

extinguishers and Halon 1211 

extinguishers; 

• Improving cabin interior 

flammability standards to enhance 

survivability by increasing the time 

before flashover occurs; 

• Improving thermal insulation 

standards to reduce the risk of fire in 

inaccessible parts of the airplane cabin 

and increase the time available for a 

passenger evacuation; and 

• Improving passenger access to Type 

III (typically overwing) emergency exits. 

In addition to the above certification 

regulation changes, the FAA has revised 

operational regulations since 1985, 

which has also reduced the risks to 

passengers during boarding and 

deplaning. First, prior to 1987, air 

carriers were not required to screen 

passengers for excess or oversized carryon baggage prior to boarding the aircraft. 

Current carry-on baggage regulations 

require this action, which has reduced 

flight attendant workload in the 

handling of carry-on baggage during 

passenger boarding. Flight attendants no 

longer have to stow an unlimited 

amount of baggage carried on the 

airplane by passengers. Second, 

§ 121.585, promulgated in 1990, 

requires an air carrier to assign exit seats 

to passengers after considering a list of 

exit seat selection criteria and the 

passenger’s ability to perform exit seat 

functions. Because the majority of 

passengers have been screened to meet 

exit seat criteria, these considerations 

lead to exit seat passengers being more 

likely to initiate ‘‘self-help’’ in the event 

of an emergency during passenger 

boarding. Third, the changes to FAA 

operational regulations have been 

complemented since 2001 by improved 

Transportation Security Administration 

regulations, which have reduced the 

risk of a security-related threat during 

passenger boarding or deplaning even 

further. 

All of these changes mitigate the risks 

to which passengers are exposed during 

boarding and deplaning. As a result, the 

FAA now proposes to permit a reduced 

required flight attendant crew during 

boarding and deplaning. 

Limitations Applicable to Passenger 

Boarding 

The FAA believes it appropriate to 

permit one required flight attendant to 

conduct safety-related duties either in 

the passenger loading bridge connected 

to the airplane; or in another nearby 

location, such as the bottom of the 

boarding stairs. To maintain the current 

level of safety, however, the certificate 

holder would have to comply with the 

following restrictions: 

• The flight attendant deplaning the 

airplane must remain within 30 feet of 

the passenger entry door; 

• The flight attendant deplaning the 

airplane must be conducting safetyrelated duties related to the flight being 

boarded. The flight attendant may not 

conduct non-safety-related duties such 

as personal business; and 

• The airplane must be of a type that 

requires two or more flight attendants in 

accordance with § 121.391(a). A 

required flight attendant may not leave 

an airplane with a passenger seating 

capacity of less than 50, because one 

flight attendant must remain on the 

airplane at all times. 

Typically, during passenger boarding, 

the airplane cabin starts empty and 

becomes increasingly more populated 

by arriving passengers. The increased 

number of passengers leads to an 

increased number of safety duties inside 

the airplane cabin. Examples include: 

Scanning passenger carry-on baggage to 

ensure compliance with both § 121.585 

and the air carrier’s approved carry-on 

baggage program, and verifying 

compliance with the approved exit seat 

program. The FAA believes permitting 

only one flight attendant to deplane 

during boarding and limiting the 

amount of time he or she is absent from 

the airplane cabin (by limiting the type 

of duties he or she may perform) 

ensures the remaining flight attendant(s) 

are able to effectively manage safety 

duties inside the airplane. It may be 

necessary for the certificate holder to 

revise other approved programs, such as 

its carry-on baggage program or exit seat 

program, to ensure all required duties 

are accomplished by the remaining 

flight attendant(s). Also, if the airplane 

requires only one flight attendant in 

accordance with § 121.391(a), the FAA 

is not permitting that flight attendant to 

deplane. This ensures no passengers are 

left unattended on board the airplane. 

When the ATA petitioned for 

rulemaking in 2003, it proposed that a 

flight attendant could use the telephone 

installed on the passenger loading 

bridge to contact and coordinate with 

other airline personnel, or local law 

enforcement, to assist with Federal 

regulation compliance and to identify 

security issues or medical emergencies. 

The FAA agrees that a flight attendant 

be permitted to use the telephone 

installed on the passenger loading 

bridge to perform these functions, but is 

also proposing to permit a flight 

attendant to deplane during boarding to 

conduct other safety-related duties, 

provided he or she remains within 30 

feet of the airplane’s passenger entry 

door. This would allow a flight 

attendant to use the telephone installed 

on the passenger loading bridge and to 

conduct other duties, such as removing 

excess or oversized carry-on baggage 

from the airplane and placing it on the 

passenger loading bridge or adjacent to 

the bottom of the boarding stairs. It 

would also permit a flight attendant to 

coordinate with other airline personnel 

in cases where a telephone is not 

installed on the passenger loading 

bridge or a passenger loading bridge is 

not used for boarding. A flight attendant 

deplaning during passenger boarding 

should not be carrying passenger carrymstockstill on PROD1PC66 with PROPOSALS

3472 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

on bags to the cargo hold for stowage or 

re-entering the passenger terminal to 

coordinate with other employees. Also, 

by requiring a flight attendant to remain 

within 30 feet of the door being used for 

passenger boarding, the flight attendant 

is still quickly available to assist 

passengers in the event of an emergency 

in the cabin. The FAA specifically 

requests comments about the adequacy 

of the proposed 30 foot limitation. 

Finally, a flight attendant who 

deplanes during boarding is limited to 

performing only safety-related duties 

related to the flight being boarded. 

Existing regulations already restrict a 

flight attendant to performing only 

safety-related duties during airplane 

movement on the surface. A flight 

attendant who deplanes during boarding 

would not be permitted to conduct nonsafety-related duties, such as collecting 

passenger tickets or calling for catering. 

A flight attendant who deplanes during 

boarding also may not conduct personal 

business, such as submitting bids 

related to crew scheduling, making 

layover arrangements, or conducting 

family business. Allowing a flight 

attendant to conduct business not 

related to the safety of the flight would 

not be in the public interest and would 

not be permitted. 

Substituting a Qualified Crewmember 

for a Required Flight Attendant During 

Passenger Boarding 

Only two types of qualified 

crewmembers are used in air carrier 

operations: Flightcrew members or 

flight attendants. This proposed rule 

would allow a flightcrew member to 

substitute for one required flight 

attendant during boarding. Nothing in 

the proposed rule, or the current rule, 

prevents an air carrier from substituting 

a qualified flight attendant for another 

qualified flight attendant; however, if 

the air carrier chooses to substitute 

another qualified crewmember, such as 

a pilot or flight engineer, the certificate 

holder must meet certain conditions. 

The proposed rule addresses two 

possible scenarios during boarding that 

involve a reduction, by one, of the 

number of flight attendants required for 

boarding by § 121.391(a), on an airplane 

that requires more than one flight 

attendant. The first scenario, previously 

discussed and addressed in proposed 

§ 121.394(a)(1), is when one required 

flight attendant steps off the airplane 

during boarding to perform safety 

related duties and remains within 30 

feet of the boarding door. 

The second scenario is when one 

required flight attendant is not within 

30 feet of the boarding door and is 

addressed in proposed § 121.394(a)(2). 

In this case, a qualified flightcrew 

member, such as a pilot or flight 

engineer, may substitute in the cabin for 

one required flight attendant who is not 

on the airplane when boarding 

commences or who leaves the vicinity 

of the aircraft during boarding. 

Under proposed § 121.394(a)(2), the 

flightcrew member who substitutes for 

the required flight attendant must be 

trained and qualified on that airplane as 

a pilot or a flight engineer for that 

certificate holder. This ensures that the 

flightcrew member has received 

emergency and security training that is 

specific to that airplane and that 

certificate holder. 

If the certificate holder chooses to 

substitute a flightcrew member for a 

flight attendant in accordance with 

proposed § 121.394(a)(2), it must ensure 

the substitute crewmember is prepared 

to conduct his or her duties by having 

in his or her possession all items 

required for duty by the air carrier, such 

as a flight operations or flight attendant 

manual. The substitute crewmember 

must also be identifiable to the 

passengers as a working ‘‘crewmember.’’ 

In addition, the certificate holder 

must ensure the use of a substitute 

crewmember does not impinge on the 

duty and rest requirements of Title 14 

Code of Federal Regulations (14 CFR). 

The FAA has previously stated via legal 

interpretation that pre- and post-flight 

duties are part of a duty period (see 

August 12, 2008, FAA letter to Brent 

Harper, Southwest Airlines). A copy of 

this document has been placed in the 

docket for this rulemaking. Therefore, a 

substitute crewmember is ‘‘on duty’’ 

while substituting for an assigned flight 

attendant. 

Additional procedures that would 

have to be developed by the certificate 

holder and described in its manual 

system under proposed § 121.394(a)(2) 

include: 

• The functions to be performed by 

the substitute crewmember and 

remaining flight attendants in an 

emergency or situation requiring 

emergency evacuation. Similar to the 

requirements found in § 121.397, the 

certificate holder must show that these 

functions are realistic, can be practically 

accomplished and will meet any 

reasonably anticipated emergency; 

• A method to ensure that the 

substitution of a flightcrew member for 

a flight attendant during passenger 

boarding does not interfere with the safe 

operation of the flight (e.g. interfering 

with the completion of the flightcrew 

member’s pre-flight duties, checklists, 

etc); 

• A method to ensure that the 

flightcrew member is located in the 

passenger cabin during the substitution; 

and 

• A method to ensure that other 

regulatory safety functions performed by 

a flight attendant, including but not 

limited to, monitoring passengers 

during refueling, scanning passenger 

carry-on baggage during boarding, and 

verifying suitability of exit seat 

passengers, are accomplished by the 

flightcrew member and the remaining 

flight attendants on the airplane. 

• A method to ensure that the 

substitute flightcrew member is trained 

in all assigned flight attendant duties. 

Limitations Applicable to Passenger 

Deplaning 

A flight attendant may be asked to 

conduct other safety-related duties 

during passenger deplaning, such as 

maintaining custody of an 

unaccompanied minor or contacting 

local law enforcement to assist with an 

unruly passenger. However, the 

conditions present during passenger 

deplaning mitigate safety risks to 

passengers to allow a further reduction 

in required flight attendants. The FAA 

proposes to permit a reduction to half 

the number of flight attendants required 

by § 121.391(a), rounded down to the 

next lower number in the case of a 

fraction, but never fewer than one. 

At the time of deplaning, each 

passenger has already received all 

required safety information briefings 

and had an opportunity to review the 

passenger safety information card and 

all posted signs and placards. In 

addition, a crewmember has verified the 

suitability of exit seat passengers, and 

the exit seat passengers have had an 

opportunity to ask questions about their 

exit seat responsibilities. These 

passengers are better prepared to assist 

themselves in an emergency evacuation 

than those passengers just boarding an 

airplane. During deplaning, passengers 

are in the process of leaving the airplane 

in an orderly fashion through one or 

more floor-level exits with prepositioned passenger loading bridges or 

boarding stairs. These factors lessen the 

exposure time to the risk of an 

emergency or a possible evacuation. 

Further, exiting passengers, as well as 

additional airline personnel, are 

available to assist the remaining flight 

attendant(s) with an unruly or 

threatening passenger during deplaning. 

Limitations Applicable During Boarding 

and Deplaning Passengers 

In addition to the specific limitations 

described above, the FAA proposes 

requiring a certificate holder to 

duplicate ground conditions already 

designed to reduce risks to passengers 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3473 

when a reduced number of flight 

attendants is on board an airplane. The 

FAA required these conditions when 

risks were considered in reducing the 

number of required flight attendants 

during stops where passengers remain 

on board. The conditions are: The 

airplane is stationary in a level attitude 

with at least one floor-level exit open; 

and all engines are shut down, 

mitigating the risk of an engine torching 

or overheating. These conditions must 

also exist to permit a reduction in the 

number of required flight attendants 

during passenger boarding and 

deplaning, in order to provide the same 

level of risk mitigation as at a stop 

where passengers remain on board. If 

the certificate holder cannot provide 

these conditions, it may not reduce the 

flight attendant crew below the 

requirements of § 121.391(a). 

Finally, the FAA proposes the flight 

attendants remaining on board the 

airplane be evenly distributed near the 

floor-level exits. This proposed 

requirement would assure that the flight 

attendants are available to deal more 

effectively with an emergency 

evacuation, should the need arise. If 

only one flight attendant remains on 

board the airplane during passenger 

boarding, he or she must be located in 

accordance with the air carrier’s FAAapproved operating procedures. The air 

carrier should consider items such as 

the location of the door being used for 

passenger boarding, the configuration of 

the cabin, the location of the emergency 

light switch, and the air carrier’s 

emergency procedures when 

determining the best location for the 

flight attendant. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there is no new 

information collection requirement 

associated with this proposed rule. 

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 proposed 

regulations. 

Regulatory 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, the 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 proposed rule. 

The FAA has decided to review its 

current regulations regarding flight 

attendant requirements during 

passenger boarding and deplaning, in 

light of safety enhancements to airplane 

equipment and procedures, and changes 

in airplane security procedures and 

requirements. These changes have 

mitigated the risks to passengers during 

ground operations that previously 

required all flight attendants on board 

the airplane during passenger boarding 

and deplaning. This proposed rule 

merely revises and clarifies existing 

FAA rules and is cost relieving and does 

not impose any cost on any regulated 

entity. 

FAA has, therefore, determined that 

this proposed rule is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

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. 

The FAA has decided to review its 

current regulation regarding flight 

attendant requirements during 

passenger boarding and deplaning, in 

light of safety enhancements to airplane 

equipment and procedures, and changes 

in airplane security procedures and 

requirements. These changes have 

mitigated the risks to passengers during 

ground operations that previously 

required all flight attendants to be on 

board the airplane during passenger 

boarding and deplaning. This proposed 

rule is cost relieving and does not 

impose any cost on any regulated entity. 

Therefore, the FAA certifies that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The FAA solicits comments regarding 

this determination. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this proposed rule 

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3474 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 

and has determined that it would have 

only a domestic impact and therefore no 

affect on international trade. 

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 

(adjusted annually for inflation with the 

base year 1995) 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 

$136.1 million in lieu of $100 million. 

This proposed rule does not contain 

such a mandate. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

would not have federalism implications. 

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 proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312(f) and involves no 

extraordinary circumstances. 

Additional Information 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

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 docket number, notice 

number, or amendment number of this 

rulemaking. 

You may access all documents the 

FAA considered in developing this 

proposed rule, including economic 

analyses and technical reports, from the 

Internet through the Federal 

eRulemaking Portal referenced in 

paragraph 1. 

List of Subjects in 14 CFR Part 121 

Aviation safety, Air carriers, Air 

transportation, Airplanes, Airports, 

Boarding, Crewmembers, Deplaning, 

Flight attendants, Pilots, Transportation, 

Common carriers. 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend Chapter I, Part 121 

of Title 14, Code of Federal Regulations, 

as follows: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

1. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

41706, 44101, 44701–44702, 44705, 44709– 

44711, 44713, 44716–44717, 44722, 46105. 

2. Revise § 121.391(a) introductory 

text to read as follows: 

§ 121.391 Flight attendants. 

(a) Except as specified in § 121.393 

and § 121.394, each certificate holder 

must provide at least the following 

flight attendants on board each 

passenger-carrying airplane when 

passengers are on board: 

* * * * * 

3. Add § 121.394 to read as follows: 

§ 121.394 Flight attendant requirements 

during passenger boarding and deplaning. 

(a) During passenger boarding, on 

each airplane for which more than one 

flight attendant is required by 

§ 121.391(a), the certificate holder may 

reduce the number of required flight 

attendants by one, provided the 

requirements of either paragraph (a)(1) 

or (a)(2) of this section are met. 

(1) When the flight attendant leaving 

the airplane remains within 30 feet of 

the door through which passengers are 

boarding: 

(i) The flight attendant may only 

conduct safety duties related to the 

flight being boarded; 

(ii) The airplane engines are shut 

down; and 

(iii) At least one floor level exit 

remains open to provide for the 

deplaning of passengers. 

(2) When the flight attendant leaving 

the airplane does not remain within 30 

feet of the door through which 

passengers are boarding, a flightcrew 

member of the certificate holder, trained 

and qualified on that type airplane, may 

substitute for the flight attendant 

provided: 

(i) The certificate holder describes in 

its manual the necessary functions to be 

performed by the substitute 

crewmember and remaining flight 

attendants in an emergency or situation 

requiring emergency evacuation. The 

certificate holder must show those 

functions are realistic, can be practically 

accomplished and will meet any 

reasonably anticipated emergency. 

(ii) The certificate holder describes in 

its manual how other regulatory 

functions performed by a flight 

attendant will be accomplished by the 

substitute crewmember and the 

remaining flight attendants on the 

airplane. 

(iii) The certificate holder ensures the 

substitute flightcrew member is trained 

in all assigned flight attendant duties. 

(iv) The certificate holder ensures the 

substitute crewmember is in possession 

of all items required for duty. 

(v) The certificate holder ensures the 

substitute crewmember is located in the 

passenger cabin. 

(vi) The certificate holder identifies 

the substitute crewmember to the 

passengers. 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Proposed Rules 3475 

1The Act is codified at 7 U.S.C. 1 et seq. (2000). 

The acceptable practices for the DCM core 

principles reside in Appendix B to Part 38 of the 

Commission’s Regulations, 17 CFR Part 38, App. B. 

Core Principle 15 states: ‘‘CONFLICTS OF 

INTEREST—The board of trade shall establish and 

enforce rules to minimize conflicts of interest in the 

decision making process of the contract market and 

establish a process for resolving such conflicts of 

interest.’’ CEA section 5(d)(15). 7 U.S.C. 7(d)(15). 

2 72 FR 6936 (February 14, 2007). 

3 72 FR 14051 (March 26, 2007). Under the 

acceptable practices, the definition of ‘‘public 

director’’ is also relevant to members of DCM 

regulatory oversight committees (all of whom must 

be public directors) and to members of DCM 

disciplinary panels (panelists need not be directors, 

but panels must include at least one member who 

meets certain elements of the public director 

definition). 

4The comment letters are available on the 

Commission’s Web site, at: http://www.cftc.gov/ 

lawandregulation/federalregister/ 

federalregistercomments/2007/07-001.html. 

5 72 FR 65658 (November 23, 2007). 

(vii) The certificate holder ensures the 

time spent conducting boarding duties 

applies towards daily duty time limits 

and is considered when determining 

crewmember rest requirements. 

(viii) The certificate holder does not 

permit the substitution of a flightcrew 

member for a flight attendant to 

interfere with the safe operation of the 

flight. If all flightcrew members are 

required to perform preflight duties, 

passenger boarding must not commence 

until the flight attendants required by 

§ 121.391(a) are on board the airplane. 

(ix) The airplane engines are shut 

down. 

(x) At least one floor-level exit 

remains open for the deplaning of 

passengers. 

(b) During passenger deplaning, on 

each airplane for which more than one 

flight attendant is required by 

§ 121.391(a), the certificate holder may 

reduce the number of flight attendants 

required by that paragraph provided: 

(1) The airplane engines are shut 

down; 

(2) At least one floor level exit 

remains open to provide for the 

deplaning of passengers; 

(3) The number of flight attendants on 

board is at least half the number 

required by § 121.391(a), rounded down 

to the next lower number in the case of 

fractions, but never fewer than one. 

(c) If only one flight attendant is on 

the airplane during passenger boarding 

or deplaning, that flight attendant must 

be located in accordance with the 

certificate holder’s FAA-approved 

operating procedures. If more than one 

flight attendant is on the airplane during 

passenger boarding or deplaning, the 

flight attendants must be evenly 

distributed throughout the airplane 

cabin, in the vicinity of the floor-level 

exits, to provide the most effective 

assistance in the event of an emergency. 

Issued in Washington, DC, on January 14, 

2009. 

John M. Allen, 

Director, Flight Standards Service. 

[FR Doc. E9–1140 Filed 1–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 38 

RIN 3038–AC28 

Conflicts of Interest in Self-Regulation 

and Self-Regulatory Organizations 

AGENCY: Commodity Futures Trading 

Commission (‘‘Commission’’). 

ACTION: Proposed rule; withdrawal of 

previous proposed rule. 

SUMMARY: On January 31, 2007, the 

Commission adopted its first acceptable 

practices for Section 5(d)(15) (‘‘Core 

Principle 15’’) of the Commodity 

Exchange Act (‘‘Act’’).1 As with all other 

acceptable practices, those for Core 

Principle 15 are a safe harbor that 

designated contract markets (‘‘DCMs’’) 

can use to demonstrate core principle 

compliance. The acceptable practices 

contain four provisions—three are 

‘‘operational provisions’’ and one 

provides necessary definitions, 

including a definition of ‘‘public 

director.’’ All four provisions were 

published simultaneously in the 

Federal Register on February 14, 2007, 

and became effective on March 16, 

2007.2 Existing DCMs were given a twoyear phase-in period to implement the 

acceptable practices or otherwise 

demonstrate full compliance with Core 

Principle 15. 

On March 26, 2007, the Commission 

published certain proposed 

amendments to the definition of public 

director in the acceptable practices.3

The Commission received six comment 

letters, but did not act upon the 

proposed amendments.4 Subsequently, 

on November 23, 2007, the Commission 

published a stay of the entire acceptable 

practices for Core Principle 15 in the 

Federal Register.5 The Commission 

noted that absent a clear and settled 

definition of public director, the 

acceptable practices’ three operational 

provisions were difficult to implement. 

To bring further clarity to this term and 

move to finalize the underlying 

acceptable practices, the Commission 

hereby withdraws the proposed 

amendments to the definition of public 

director published on March 26, 2007, 

and proposes and seeks public comment 

on updated proposed amendments to 

the definition of public director, as 

described below. This proposal does not 

amend the other provisions contained in 

the adopted acceptable practices, 

including the DCM requirement for a 

regulatory oversight committee (‘‘ROC’’) 

consisting of all public directors and a 

board of directors with at least 35% 

public directors. The November 23, 

2007 stay remains in effect until further 

notice by the Commission. 

DATES: Comments on the new proposed 

amendments should be submitted on or 

before February 20, 2009. 

ADDRESSES: Comments should be sent to 

David Stawick, Secretary, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. Comments may 

be submitted via e-mail at 

secretary@cftc.gov. ‘‘Regulatory 

Governance’’ must be in the subject 

field of responses submitted via e-mail, 

and clearly indicated on written 

submissions. Comments may also be 

submitted at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachel F. Berdansky, Deputy Director 

for Market Compliance, 202–418–5429, 

or Sebastian Pujol Schott, Special 

Counsel, 202–418–5641, Division of 

Market Oversight, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, Washington, 

DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Procedural History 

As noted above, the Commission 

adopted its first acceptable practices for 

Core Principle 15 on January 31, 2007. 

In order to receive the benefit of the safe 

harbor provided by the acceptable 

practices, a DCM is required to satisfy 

all four of the included provisions. The 

acceptable practices include three 

operational provisions pertaining to 

DCM boards of directors, the insulation 

and oversight of self-regulatory 

functions, and the composition of 

disciplinary panels. In particular, the 

acceptable practices require that a 

DCM’s board be composed of at least 

35% public directors. They also require 

that a DCM’s regulatory programs fall 

under the authority and oversight of a 

board-level ROC consisting exclusively 

of public directors. Finally, the 

acceptable practices require that a 

DCM’s disciplinary panels include at 

least one public person. These 

provisions remain unchanged by this 

proposed rule. 

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