Flight Crewmember Duty Period Limitations, Flight Time Limitations, and Rest Requirements

SUMMARY: This action extends the comment period on Notice No. 95-18;

Flight Crewmember Duty Period Limitations, Flight Time Limitations, and

Rest Requirements, and publishes questions received from commenters and

the FAA's response to those questions. The comment period is extended

from March 19, 1996, to June 19, 1996. This action is in response to a

request from several associations and individuals that the FAA allow

all affected parties additional time to comment. The extension of the

comment period is warranted because of the scope and complexity of the

proposal and the need to allow time for commenters to consider the

agency's response to the above questions.

DATES: The comment period on Notice No. 95-18 is extended until June

19, 1996.

ADDRESSES: Comments should be mailed in triplicate to: Federal Aviation

Administration, Office of the Chief Counsel (Attention: Rules Docket,

AGC-200), Docket No. 28081, 800 Independence Ave., SW, Washington, DC

20591. Comments on this notice may be examined in room 915G on

weekdays, except on Federal holidays, between 8:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Larry Youngblut, Project Development Branch, AFS-240, Air

Transportation Division, Flight Standards Service, Federal Aviation

Administration, 800 Independence Ave., SW, Washington, DC 20591

Telephone (202) 267-3755.

SUPPLEMENTARY INFORMATION: On December 20, 1995, the Federal Aviation

Administration (FAA) issued Notice No. 95-18; Flight Crewmember Duty

Period Limitations, Flight Time Limitations, and Rest Requirements [60

FR 65951]. Comments to Notice. 95-18 were to be received on or before

March 19, 1996.

By letter dated December 27, 1995, the National air Transportation

Association (NATA) requested that the FAA extend the comment period for

Notice No. 95-18 for 90 days. NATA stated that on-demand, air taxi

operators need additional time to analyze and respond to the proposal.

In addition, the National Air Carrier Association, the Air Transport

Association, the Allied Pilot Association, the National Business

Aircraft Association, and several individuals also requested that the

comment period be extended.

Due to the complexity and extensive nature of the proposal, the FAA

has determined that operators and affected crewmembers should be given

additional time to comment on the proposal. In response to NATA's

request, the FAA invites specific comments on costs in sufficient

detail to determine the burden for all operators. To allow time for

commenters to provide this information, the FAA has determined that a

90-day extension of the comment period is in the public interest.

In addition, in response to questions raised by Federal Express

Corporation on January 17, 1996, and American Airlines on January 16,

1996, the FAA publishes as an attachment to this notice, those

questions and the FAA's responses so that all interested parties may

benefit from this additional information.

Several commenters have expressed concern that the docket on this

rulemaking is not complete, in that it specifically lacks a second NASA

document referenced in the preamble to the notice. For this reason, the

commenters feel that they are not yet able to comment fully on the

proposed rule. In the notice, the FAA stated that it was basing its

proposal on, among other things, the 1995 NASA Technical Memorandum,

``Principles and Guidelines for Duty and Rest Scheduling in Commercial

Aviation,'' and the NASA Technical Reports supporting that memorandum,

which the agency placed in the public docket. The 1995 memorandum

summarizes NASA findings and recommendations on fatigue and fatigue

countermeasures. The FAA noted that this concise document focused on

operational considerations and provided specific scientific input on

this complex issue.

The preamble to the notice also noted that NASA was preparing a

second document that would provide specific scientific references that

support the principles and guidelines outlined in the 1995 memorandum.

The FAA did not feel that this further scientific discussion was needed

to support its proposal. The scientific conclusions and recommendations

of the panel of experts who studied the underlying data are already

contained and thoroughly explained in the 1995 memorandum. Moreover,

NASA has assured the FAA that the Technical Reports now in the docket

contain the data on which the results and conclusions of the first

document are based. The FAA did not mean to imply that the second NASA

document would be ready prior to the close of the comment period. The

FAA does not anticipate that the second NASA document will be available

before the final rule is issued.

The FAA based Notice No. 95-18 not only on the 1995 NASA technical

memorandum, which contains conclusions of independent experts, but also

on other documents to be found in Docket No. 28081, on the industry

input provided by ARAC, and on the FAA's own experience with the

current regulations.

Finally, several commenters requested that the NPRM be withdrawn,

and the agency will consider these petitions in further evaluating the

proposal. As it would with any notice of proposed rulemaking, if the

agency finds in the light of comments received that the proposed

rulemaking is not warranted, the notice would be withdrawn.

In a preliminary review of the comments received thus far, it would

appear that some commenters do not realize that if this rulemaking does

not result in a final rule, the FAA will ensure that the current rules

would be enforced. This may be contrary to the current understanding of

those rules by some operators and airmen. For example, this would mean

that under the ``lookback'' provisions of the current rules, a flight

crewmember on reserve could not take a flight assignment unless he or

she had a scheduled rest period in the previous 24 hours. Commenters

may want to consider the impact this would have on their operations.

Issued in Washington, DC on March 15, 1996.

Thomas C. Accardi,

Director, Flight Standards Service.

Questions and Responses to the NPRM, Flight Crewmember Duty Period,

Flight Time Limitations, and Rest Requirements

This is the FAA's response to the American Airlines January 22,

1996 letter requesting clarification of Notice No. 95-18 Flight

Crewmember Duty Period Limitations and Rest Requirements. American

Airlines questions and the FAA's responses are stated below.

Question 1: Is the duty period extension in actual operation up to

16

[[Page 11493]]

hours, or up to 2 additional hours beyond scheduled, as page 65958

says?

FAA Response: The duty period extension in actual operation is up

to 2 hours more than the maximum scheduled duty period for that crew

compliment, not 2 hours more than the scheduled termination of that

duty period as stated on page 65958. The wording on page 65958 was

incomplete. It should have stated ``If at any time during a duty period

it is determined that, due to operational delays, a scheduled flight

will not terminate within the maximum scheduled duty period, then the

flight crewmembers must be relieved of duty before initiating that

flight segment.'' The explanation on page 65961 under ``Additional Duty

Period Limitations and Reduced Rest'' section is correct in the rule

language at sections 121.473, 121.475 and 135.263.

Question 2: If we release a flight crewmember assigned to reserve

time for one reserve day in the middle of a reserve block can we then

change reserve categories?

FAA Response: A reserve time option and its associated rest

requirements as stated in proposed section 121.477 may be changed by

removing the flight crewmember from a reserve time assignment. Page

65959, ``Reserve and Standby Assignments'', states that reserve time

ends when the crewmember is released, the crewmember is notified of a

future duty period assignment and released from all further

responsibility until the report time for that assignment, or the flight

crewmember reports for a duty period. It should be noted that the only

requirement prior to assigning a flight crewmember to another reserve

time option is the 10-hour rest requirement stated in proposed section

121.477(b).

Question 3: Can't we change reserve categories fairly by either

extending the rest period or shortening the duty day? Shouldn't some

degree of shift in category from one reserve day to the next be

reasonable? In fact, wouldn't a shift from the 18-hour type to the

sliding scale type always be reasonable? A shift from the sliding scale

to an 18-hour day if notified the day before?

FAA Response: Reserve categories can be changed from one reserve

assignment to the next reserve assignment as outlined above in question

2.

Question 4: If we can assign a flight crewmember to a reserve time

assignment the day before, why should there be any limitations on the

duty period he can fly? e.g., Someone is serving reserve on the 10th-

13th days of the month. For the 10th day, he was assigned a 0000-0600

rest period, but was not given a trip. On the 11th, shouldn't we be

able to assign him a trip on the 12th which terminates at 0100? Clearly

he would have more time to be rested.

FAA Response: The NPRM provides a certificate holder the

flexibility to assign a flight crewmember on reserve time a duty period

with no reduction in the maximum scheduled duty time providing the

flight crewmember is advised of the assignment and released from all

duty or responsibilities to rest for a minimum of 10 hours (taken off

reserve time) before reporting for that assignment (section

121.477(b)(1)). This provision is applicable to a flight crewmember on

reserve time regardless of which reserve assignment option the

crewmember is assigned.

Question 5: If a flight crewmember on reserve time is being

assigned to an augmented crew, shouldn't he have a longer duty period,

just like the regular augmented crew members have? Otherwise you get

into some non-sensical situations. This question applies to both types

of reserve.

FAA Response: The proposed NPRM does permit longer duty periods for

flight crewmembers on reserve time when serving on an augmented crew

providing the flight crewmember is given 10 hours notification of the

assignment and released from all duty or responsibilities until report

time for that assignment. Flight crewmembers on the 6/18-hour reserve

time option may have their duty periods extended provided the duty

period is scheduled for completion before the expiration of the 18-hour

reserve time.

Question 6: Concerning table 1 on page 65959, isn't footnote 1

inappropriate for augmented crews? For example, in a 4-pilot crew, the

duty period can go up to 24 hours and minimum scheduled rest is 22

hours. The rest can be reduced to 20 hours in actual operation, but the

compensatory rest must start no later than 24 hours after the beginning

of the reduced rest, i.e. within 4 hours after the end of the reduced

rest. A 4-hour duty period is inconsistent with this kind of flying and

is not reasonable.

FAA Response: The flexibility to extend the length of duty periods

and allow reduced rest is included in the NPRM. The NPRM requires that

any compensatory rest period be scheduled to begin no later than 24

hours after the beginning of the reduced rest. This is different from

the current rule that says the compensatory rest must begin within 24

hours of the compensatory rest.

In the case of a 4-pilot crew, the subsequent duty following a

reduced rest would be limited to 4 hours because of the requirement to

schedule the compensatory rest period within 24 hours of the

commencement of the reduced rest period. Clearly, this is limiting. The

carrier needs to consider this limitation when exercising the

flexibility to reduce the required rest period, especially when the

duty period for 4 pilots may be up to 24 hours.

Question 7: The ``36-in-7'' rule states that a flight crewmember

must be relieved from all duty for 36 consecutive hours during any 7

consecutive calendar days. Duty is defined as involving flight time.

Therefore, if a pilot has been on reserve but not assigned a trip for

36 hours, doesn't that satisfy 36-in-7? What if he had been to training

for 2 days--that does not involve flight time either, so doesn't that

also satisfy 36-in-7? What if the flight crewmember had a 36-hour rest

period followed by 7 days of reserve duty, during the first 5 of which

he was not assigned a trip. Would the flight crewmember have to be

removed from flying on the 6th and 7th days to satisfy ``36-in-7'' or

would the flight duty 7-day clock not start until he was actually

assigned a trip (Flight Attendant Duty Act interpretation)?

FAA Response: Proposed sections 121.483(e) and 135.271(e) state

that ``Each certificate holder must provide each flight crewmember who

is assigned to one or more duty periods, standby duty, or reserve time

a rest period of at least 36 consecutive hours during any 7 consecutive

calendar days.'' Therefore, flight crewmembers on standby duty or

reserve time, even if no assignment involving flight time is given

(duty period), must be given a rest of 36 consecutive hours in each 7-

day period. Assigned time, which includes training, is not included in

the requirement of the 36 hour rest. Therefore a flight crewmember

could be assigned training on the 7th day without a 36 hour rest (and

the 8th day, etc.). However, before being assigned a duty period,

standby duty, or reserve time, the flight crewmember would be required

to be given a 36-hour rest period, free from all duty. In essence, the

application of this provision would be that a flight crewmember could

perform assigned time on the 7th day of a 7 consecutive day period

without a 36-hour rest but could not be assigned a duty period, reserve

period, or standby duty. This NPRM differs considerably from the recent

final rule applicable to flight attendants.

Question 8: The economic analysis suggests that there are some cost

savings included within the NPRM to offset or partially offset the

costs of the reserve time rest requirements. Did the FAA

[[Page 11494]]

consider that the airline would have to get union approval to obtain

virtually any of these benefits?

FAA's Response: The economic analysis assumes that most certificate

holders will benefit from any productivity measures included in the

NPRM, if not immediately, at some time in the future when agreement is

obtained through labor management agreements.

Question 9: In the event of operational delays, particularly

something like a creeping mechanical delay, a regular crewmember's duty

period can be extended up to 16 hours. Would a reserve crewmember be

allowed to fly into his 6-hour rest period under those circumstances? A

problem based on this question is that regulars and reserves will now

have different legalities, ref: creeping delay.

Answer: A flight crewmember on reserve assignment option 2 (section

121.477(b)(2)) cannot be scheduled for a duty period that intrudes on

the 6 hours of protected time. In the case of operational delays as

stated on page 65960 under ``Reserve and Standby Assignments'', any

duty period must be scheduled to be completed within the 18-hour

reserve time.

Question 10: Does military leave qualify as being free from all

duty for ``36-in-7'' purposes?

FAA Response: Yes, military leave, sick leave, family leave, and

other types of personal leave are for the purpose of this NPRM

classified as ``rest''. As stated in ``Terms and Definitions'' on page

65956, these are periods of time free of all restraint or duty for the

certificate holder and free of all responsibility for work or duty

should the occasion arise.

Question 11: Does military flying count towards ``32-in-7'' flight

time limits? If so, who keeps track of it?

FAA Response: Proposed 121.487 and 135.275 apply only to flying

conducted for one or more air carrier certificate holders. It does not

apply to private or military flying.

Question 12: Will ``commuting flight crewmembers'' have to be

responsible for reporting duty period violations or is that ``personal

business''?

FAA Response: By ``commuting flight crewmembers'' we assume

American is describing those who travel to work from a location which

is not the same as their domicile, not the deadhead transportation

described in proposed section 121.485. This NPRM proposes duty period

and flight time limits and rest requirements. It does not propose any

restrictions on a flight crewmember's activities during a rest period.

Flight crewmembers are expected to use rest periods for obtaining rest.

Question 13: For a flight crewmember assigned to reserve time whose

protected time is 0000-0600, can we expect him to sign in for a trip at

0601 if notified the day before? If only contacted at 0601, when can we

expect him to sign in? 0800? If so that reduces his effective

availability to 16 hours.

FAA Response: In order to require a reserve whose protected time is

from 0001-0600 to report at 0601, the certificate holder would have to

change the crewmember's reserve time category by methods previously

addressed in the response to question #4. Flight crewmembers assigned

to reserve time must be given 1 hour or more to report after

notification of a duty assignment (section 121.471(b)(7)). Therefore,

if a crewmember was contacted at 0601, the earliest he could report

would be 0701.

Question 14: How far in advance must we notify an 18-hour reserve

of his protected time (or the ``sliding scale reserve'' of his status)?

FAA Response: Before beginning a reserve time assignment as stated

in proposed 121.477(b).

Question 15: What constitutes valid reasons for operational delays?

Air traffic control? Company air traffic control? Deicing? Maintenance

calls for non-essential (non-MEL) items, e.g. passenger light bulb

burned out? Baggage belt jam? Computer outage? Ramp congestion delay?

Fuel topoff? Precautionary check ground interrupt or aircraft

precautionary inspection? Local noise curfews?

FAA Response: The definition of operation delays is stated in

proposed section 121.471(b)(5). Delays that are associated with air

traffic control, weather, or aircraft maintenance would be considered

beyond the certificate holder's control.

Questions and Responses to the NPRM, Flight Crewmember Duty Period

Limitations, Flight Time Limitations, and Rest Requirements

This document responds to questions received from Federal Express

Corporation (FedEx) January 17, 1996.

Question 1: ``Reserve Time'' is defined as a period of time when a

flight crewmember must be available to report upon notice for a duty

period. The NPRM implies a reserve period is a 24-hour period(s). Is a

reserve period considered (required) to be a 24-hour period of time?

FAA Response: The NPRM defines reserve time as a period of time

that a flight crewmember is required by the certificate holder to be

available to report upon notice for duty involving flight time and the

certificate holder allows at least 1 hour to report. Reserve time

assignments are at the discretion of the certificate holder. The NPRM

does not require any specific length of time for reserve time

assignments. Reserve time assignments end whenever a flight crewmember

is notified of a future duty period assignment and released from all

further responsibility until the report time for that assignment, or

the crewmember reports for a duty assignment, or the crew member is

relieved of the reserve time assignment by the certificate holder for

other assignments or rest. The NPRM defines 5 different categories of

time. A flight crewmember is always in one of these categories. The

NPRM defines these under ``Terms and Definitions'' on page 65965. They

include ``assigned time'', duty involving flight time (referred to as

``duty period''), reserve time, rest (referred to as ``rest period''),

and ``standby duty''.

Question 2: If a non-reserve pilot is assigned a hotel standby

activity, is his duty limit treated like a standby reserve?

FAA Response: ``Standby duty'' is defined in proposed section

121.471(a)(9). If a flight crewmember is required to report for a

flight assignment in less than 1 hour from the time of notification the

flight crewmember is assigned to ``standby duty''. If the flight

crewmember is required to report in 1 hour or more, the flight

crewmember is not on ``standby duty''. If the certificate holder

provided hotel accommodations with the provision that report for a

flight assignment would be 1 hour or more from the time of assignment,

then such assignment would be considered reserve time, and the

provisions outlined in proposed section 121.477(b)(1) or (b)(2 would

apply.

Question 3: If a reserve period for a carrier is defined to be a

12-hour period, is each 12-hour period a ``reserve time assignment''

requiring a 6-hour free window during that 12-hours under this option?

Is a number of consecutive A-period (12 hrs) R-days one reserve time

assignment?

A A A A A

-- -- -- -- --

The above represents 5 consecutive reserve days, where each day is

a 12-hour period followed by 12 hours of rest. Are these 5 R-days

considered to be 1 reserve time assignment or 5 reserve time

assignments?

FAA Response: Under the example, the certificate holder could

determine if these 5 reserve days are to be considered as one

consecutive or 5 separate reserve time assignments. However, the flight

[[Page 11495]]

crewmember must be advised in advance of how each of these days are to

be considered and the method of assignment to be used, i.e., assignment

under section 121.477(b)(1) or 121.477(b)(2).

This option exists because the NPRM requires 10 hours of rest

before beginning reserve time and 6 hours of protected time in each 24-

hour period of reserve time. The structure of 12 hours rest and 12

hours duty could satisfy both requirements. The protected time would

have to be established in advance and be consistent for each reserve

time period. If the 5 days are designated as separate periods, the

method of assignment could be varied for each period. If the 5 days

were designated as one consecutive reserve time assignment, the method

of assignment for the entire 5 days must be consistent.

Question 4: Clarify the requirement that the intent of any duty

period assignment must be scheduled to be completed within the 18-hour

reserve time, exclusive of the 6 hours of protected time.

FAA Response: Flight crewmembers on reserve time under

Sec. 141.477(b)(2) are guaranteed 6 hours of protected time for

uninterrupted rest. Outside of the protected time, flight crewmembers

are available for an assignment to a duty period with 1 or more hours

of notice to report.

Question 5: Under the 6-hour of protected rest option, does any

trip assigned to a reserve during his block of R-days (reserve time

assignment) have to contain uninterrupted rest during that 6-hour

window for all days of the trip?

FAA Response: No, this requirement is applicable only to the time

that a flight crewmember is on reserve time. When given a duty

assignment, the first duty period must terminate within the 18-hour

reserve period. The length of the duty period and the subsequent rest

time, duty time, and flight time for the remainder of the trip would be

in accordance with 121.473 or 121.475.

Question 6: At the end of a trip assignment to a reserve, one that

begins and ends within a block of R-days (one reserve time assignment)

can the 6-hour window be changed for the remainder of the R-day block?

FAA Response: Yes. When released from a duty period, the flight

crewmember must be given rest appropriate to that duty period, but no

less than 10 hours before being placed back on reserve time. It is the

certificate holder's prerogative as to which reserve time option will

be used. The certificate holder must advise the flight crewmember of

any changes in a subsequent reserve time assignment and release the

flight crewmember for a minimum of 10 hours of rest before beginning

the new reserve time assignment with the different protected time.

Question 7: What is a subsequent reserve assignment considered to

be? For example, in 5 consecutive R-days, could the 6-hour period of

protected time be 1800-2400 for R1 and R2, but for R3, R4, and R5, be

0000-0600? (R1 represents the first R-day, R2 represents the second R-

day, etc.)

FAA Response: No, the 6 hours of protected time must be the same

for the entire reserve time assignment. Changing the 6 hours of

protected time is discussed in Question 6 above.

Question 8: If deadhead can be considered to be ``assigned time''

following a duty period, is there any limit on how long the deadhead

travel time can be? Based on the example cited, is there a need for an

intervening rest period between the duty period and the deadhead?

For a 2 Pilot Crew:

----------------------------------------------------------------------------------------------------------------

BLK DTY

----------------------------------------------------------------------------------------------------------------

MEM-CDG.............. 7:00 8:30 Duty Period.

DH................................. CDG-JFK.............. 0.00 8:00 Assigned Time.

DH................................. JFK-MEM.............. 0:00 2:00 Assigned Time.

Rest Period.......... ........... ........... 10 Hours.

----------------------------------------------------------------------------------------------------------------

FAA Response: The certificate holder has the option of considering

assigned time as part of a duty period and scheduling the appropriate

rest for that duty period after completion of the assigned time, or

considering assigned time exclusively as assigned time and ensuring

that the flight crewmember is given at least 10 hours of rest before

commencing a subsequent duty period. If assigned time is considered

part of a duty period and attached to the end of that duty period, the

rest before commencing a subsequent duty period must be appropriate to

the duty period as required in proposed Sec. 121.473 or 121.475 but no

less than 10 hours. In the example above, there is no requirement for

an intervening rest period before the deadhead.

Question 9: Does the ``48 consecutive hours in a time zone''

include block time, or is it just ground time? When does the 48-hour

clock start and stop?

------------------------------------------------------------------------

Dept Arrive Layover

------------------------------------------------------------------------

MEM-CDG.......................... 1800 0200

Layover.......................... 47:30

CDG-MEM.......................... 0130 0830

Taxi/Ground [email protected] 0:45........ ........... ........... 1:30

------------

49:00

------------------------------------------------------------------------

Does pilot receive 48 hours of rest upon return to MEM?

FAA Response: The 48-hour clock commences with ``block in'' time in

a time zone who set time is 6 hours or more different than the flight

crewmember's domicile time and ends with ``block out'' time in a time

zone less than 6 hours different than the flight crewmember's domicile.

Assuming a :30 debrief period on arrival at CDG and a 1:00 report time

before departure at CDG, this flight crew did not remain in the CDG

time zone for 48 consecutive hours. Therefore a 48-hour rest on return

to domicile is not required.

Question 10: Does 36 hours of rest in 7 consecutive days apply to

``assigned time''?

F F F F F AT AT AT

1 2 3 4 5 6 7 8

(F--flight duty, AT--assigned time)

In the above example where a pilot has 5 days of flight duty with

no layover greater than 36 hours, is a 36 hour rest

[[Page 11496]]

period required during day 6, 7, or 8 which are scheduled as assigned

time such as deadhead or training?

FAA Response: A 36-hour rest is not required during days 6, 7, or

8. However, before the flight crewmember could be assigned a duty

period, a standby period, or reserve time, 36 consecutive hours of rest

would be required.

Question 11: How are management pilots and instructor pilots to be

treated? Are they considered to be on ``assigned time'' when at work

performing administrative function or training functions?

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[GRAPHIC] [TIFF OMITTED] TP20MR96.019

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Is it permissible for a management pilot to perform flight duty

after performing 3 hours of Administrative duties as indicated above?

FAA Response: Administrative duties and ground training

accomplished by management pilots and instructor pilots is considered

assigned time. Assigned time may be included as part of a duty period

(scheduled in accordance with proposed Sec. 121.473) or considered

separately and a rest period provided prior to any subsequent duty

period.

Question 12: Why do reserves rest before work and non-reserves rest

after work?

FAA Response: Rest periods are provided to give the flight

crewmember a predetermined opportunity to rest prior to duties which

could involve flight time (duty periods). Rest periods are provided

between duty periods, reserve time assignments, and standby duty

assignments. If assigned time was accomplished, a rest period is

required prior to a duty period.

Question 13: A carrier assigns a pilot to a trip with the first

duty period consisting of a deadhead to a field location, followed by a

legal rest period, and the second duty period containing flight time.

If the pilot chooses, on his own accord, to deviate from the planned

first duty period deadhead, does the carrier have to ensure that the

pilot receives a legal rest period before any flight time?

FAA Response: First, deadhead is considered to be assigned time if

it is not included as part of a duty period. Second, proposed

Sec. 121.473 states that ``A certificate holder may assign a scheduled

duty period and a pilot may accept the assignment only when the

applicable duty period limitations, flight time limitations, and rest

requirements of this section are met.'' It is the certificate holder's

responsibility to schedule its flight crew members in accordance with

the applicable regulations. It is the flight crewmember's

responsibility to use scheduled rest periods so that they are rested

for subsequent assignments.

[FR Doc. 96-6761 Filed 3-15-96; 4:13 pm]

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