[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27527-27528]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-121]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2005-23438]
Notice of Request for Public Comments on Interpretation of the
On-Demand Flight Time and Rest Period Rules
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice, request for comments.
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SUMMARY: The FAA has received several related requests for
interpretation of the On-Demand Flight and Rest Rules, 14 CFR Sections
121.263(d) and 121.267(b), (d) and (e). The FAA has decided that it
would be beneficial to request public comments on the requesters'
questions, before the FAA issues its responses. See Notice of
Reinstatement of 1980 Public Comment Procedures for Requests for
Interpretation of Flight Time, Rest and Duty Period Regulations (70 FR
74863, Dec. 16, 2005). Copies of the requests from members of the
public can be found at the DOT public electronic docket, using the
docket number FAA-2005-23438.
DATES: Comments must be received on or before July 10, 2006.
ADDRESSES: Address your comments to the docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. You must identify the docket number FAA-
2005-23438 at the beginning of your comments, and you should submit two
copies of your comments. If you wish to receive confirmation that FAA
received your comments, include a self-addressed, stamped postcard.
You may also electronically submit comments through the Internet to
http://dms.dot.gov. You may review the public docket containing
comments concerning this document in person in the Dockets Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Dockets Office is on the plaza level of the NASSIF
Building at the Department of Transportation at the above address.
Also, you may review public dockets on the Internet at http://dms.dot.gov
.
FOR FURTHER INFORMATION CONTACT: Constance Subadan, Regulations
Division, AGC-200, Office of the Chief Counsel, 800 Independence
Avenue, SW., Washington, DC 20591; telephone 202-267-3073.
Background
The FAA has received several related requests for interpretation of
sections 135.263(d) and 135.267(b), (d), and (e). The FAA has
previously issued interpretations on some, but no all, of the
questions. The Agency will take into consideration in developing its
responses the public comments it receives. For example, in its
response, the FAA intends to clarify two issues on which it has
previously stated an opinion, namely: (1) Whether late arriving
passengers or cargo may be considered an unforeseen circumstance or
circumstance beyond the certificate holder's or crewmember's control
under section 135.263(d); and (2) whether the rest period under section
135.267(d) must be timely received. The Agency will consider whether to
recede from statements or suggestions in prior interpretations that
late arriving passengers or cargo are an unforeseen circumstance,
because such statements or suggestions may not represent good safety
policy. The Agency will also consider whether to recede from statements
or suggestions that the implied 14-hour test period, because such
statements or suggestions may not represent a valid interpretation of
section 135.267(d).
Requesters' Questions
The requests for interpretation of the On Demand Flight Time and
Rest Rules raised the questions set forth below. To put these questions
in full context, respondents should look at the letters from the
members of the public that are posted on the DOT public electronic
docket.
No. 1 (William Gruening): Scenario/Questions: The crew receives a
10-hour rest period and is scheduled for a 14-hour duty day, starting
at 0600, with the first flight at 0700. Total scheduled flight time for
the day is 5 hours. They do not receive 10 consecutive hours of rest
during the day. The last flight is scheduled to arrive at home base at
1930, and the crew has 30 minutes to complete [post flight] duties.
They are scheduled to be off duty at 2000. The certificate holder wants
to invoke section 135.263(d) (``circumstances beyond the control'') for
the last flight for any of the following reasons: (a) Passengers are
caught in traffic, (b) there is a 1 hour ground hold for weather, (c)
there is a 1 hour ATC hold in flight, (d) there is a 1 hour delay for
unscheduled maintenance, or (e) it takes 1 hour longer to taxi out than
expected. Because of any of the above circumstances, the crew will
arrive 1 hour late and will not have 10 consecutive hours within the
preceding 24 hours.
1. May the crew complete the flight or must they be on the ground
in time to have 10 hours of rest within the preceding 24 hours,
consistent with the interpretation of the similar provision in section
121.471?
2. If the crew may complete the flight, how must the records be
documented for record inspections?
No. 2 (Eagle's Wings Aviation Corp): Scenario/Question: Three
situations are presented: (1) The passengers or cargo arrive late and
cause a crew to exceed the duty limit for a charter flight that was
scheduled to arrive within duty time limits; (2) winds or weather more
adverse than forecast cause the crew to exceed duty time limits; and
(3) the passengers on a passenger charter flight request a change in
itinerary or an additional stop and cause the crew to
[[Page 27528]]
exceed scheduled completion time and exceed the duty time limit.
Does section 135.263(d) excuse a certificate holder or pilot from
exceeding the 14-hour duty time limitation in the above situations?
No. 3 (SamaritansAir, Aviation Consultants): Scenario/Questions: A
pilot is required to respond to a pager and be at the airport within 30
minutes of the page. He is also required to be ``on call'' at the
airport starting from 0700. The ``call'' may not come in until 1600.
His duty time is considered to start at 1600 and continues until 0600
the next day.
1. May the pilot perform the above operation without an
uninterrupted rest period ``free from all restraint'' from the
certificate holder?
2. May a Part 135 pilot fly under Part 91 rules for a
``reposition'' or ``ferry'' flight with non-essential flight crew or
passengers on board who are non-paying ``customers'' of the
certificate-holder, when the ``sole'' intent is to circumvent the 14-
hour duty limitation and weather limitations if the flight had to be
flown under Part 135 rules?
3. May late arriving passengers be called an ``unexpected'' delay
as a way to circumvent and extend the 14-hour duty time limitation?
No. 4 (Era Aviation): Scenario/Questions: A Part 135 (one pilot
crew) comes on duty at 5:30 a.m. and completes three hours of
commercial flight time by 15:15 p.m. The operator receives a mission
for the next day in another state and the pilot must depart immediately
to ferry the aircraft to the new location at which he will give it to
the pilot who will fly the new mission. At that point, the pilot
ferrying the aircraft will be free of any duty with the carrier for a
week.
1. If it becomes necessary to deliver the aircraft to the new
pilot, may the ferry pilot overfly the 14-hour duty day which began at
5:30 a.m., assuming he will be off duty for a week upon delivering the
aircraft?
2. If it becomes necessary to deliver the aircraft to the new
pilot, may the ferry pilot overfly his original eight hours of flight
time, assuming he will be off duty for a week upon delivering the
aircraft?
3. Is the assumption correct that all flight time following the
original three hours flown under Part 135 may be considered Part 91
flight time and thus free of Part 135 restrictions?
4. Is the assumption correct that all duty after the original Part
135 duty period that ended at 12:30 p.m. may be considered non-Part 135
duty, and thus free of Part 135 restrictions?
No. 5 (Kyle Opp): Scenario/Questions: A 2-pilot crew receives 24
hours free of duty [on Day 1]. Duty time starts 1 hour prior to
scheduled departure, and ends 30 minutes after actual arrival time.
Duty time includes 1 hour before scheduled departure and 30 minutes
after actual arrival. On Day 2 duty time started at 0700z. The
scheduled and actual data are as follows:
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Duty time at
Scheduled Actual Flight time arrival
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Leg 1 0800-1000............................... 0900-1100....................... 2.0 4:00
Leg 2 1300-1430............................... 1415-1545....................... 1.5 8:45
Leg 3 1730-2000............................... 1900-2130....................... 2.5 14:30
Scheduled: 13.5 hrs........................... Actual: 15 hrs.................. .............. ..............
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1. Is the crew prohibited from taking off or boarding Part 135
passengers knowing they will exceed their 14-hour duty day and will
actually arrive without the required lookback rest within the previous
24 hours?
2. Can it still be ``circumstances beyond the control of the
operator'' when the operator and crew has the knowledge that Leg 3
while on the ground using actual flight/arrival times knows they will
violate the lookback rest requirements? If they proceed anyway, under
what section would the FAA take enforcement action?
3. Can the 30 minutes of duty time after actual arrival be waived
by the crew, even if it is proscribed in the FAA approved operations
manual? If not, must the crew calculate that into the final leg to
insure they return with at least 30 minutes left in their duty period?
Comments
Your comments should address the 6 points raised below. Responses
that include these elements provide the FAA a meaningful basis for
determining its final responses.
1. What are your views on how the FAA should answer the requesters'
questions stated above?
2. What are your views on how the FAA intends to address the issues
about late arriving passengers or cargo being an unforeseen
circumstance under section 135.263(d) and the timely receipt of section
135.267(d) rest?
3. What industry operational practices support your views? Please
provide documentation of such practices.
4. What is the safety policy that supports your views or practices?
5. What regulatory history supports your position?
6. In your opinion, are there any prior FAA interpretations that
are controlling or that are at least instructive on the matter?
Issued in Washington, DC on May 5, 2006.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 06-4361 Filed 5-10-06; 8:45 am]
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