Prohibition of Remote Dispatching

)(1) and (2), FAA is charged with prescribing regulations for the use of navigable airspace to ensure the safety of aircraft and the efficient use of airspace. In addition, section 44701(a)(5) charges FAA with promoting safe flight of civil aircraft by prescribing regulations FAA finds necessary for safety in air commerce and national security. This regulation is within the scope of that authority.

In addition, this rulemaking implements the Congressional mandate set forth in section 420 of the Act, which states that an air carrier may not dispatch from any location other than the dispatch center or flight following center. Section 420 amends 49 U.S.C. 44711(a) to prohibit work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided in 49 U.S.C. 44748, 3 and directs the FAA Administrator to issue regulations requiring compliance with section 44711(a)(10).

III. Background

A. Overview of Part 121 Flight Operations

The regulations of 14 CFR part 121 generally apply to commercial airlines either operating on fixed schedules on predetermined routes (referred to as domestic or flag operations) or charter flight providers (referred to as supplemental operations). Domestic operations must originate and conclude in locations within the 48 contiguous States of the United States and the District of Columbia. 4 Flag operations refers to scheduled flights operating: (1) between any point within the State of

Alaska or the State of Hawaii or any territory or possession of the United States and any point outside the State of Alaska or the State of Hawaii or any territory or possession of the United States, respectively; or (2) between any point within the 48 contiguous States of the United States or the District of Columbia and any point outside the 48 contiguous States of the United States and the District of Columbia; or (3) between any point outside the United States and another point outside the United States

e of Alaska or the State of Hawaii or any territory or possession of the United States, respectively; or (2) between any point within the 48 contiguous States of the United States or the District of Columbia and any point outside the 48 contiguous States of the United States and the District of Columbia; or (3) between any point outside the United States and another point outside the United States. 5 In contrast, supplemental operations are those conducted by part 121 certificate holders for hire on a non-scheduled service, meaning the departure time, departure location, and arrival location are specifically negotiated with the customer. 6 While the regulatory requirements for the three types of operations have some overlap, each have distinct requirements.

B. Dispatching and Flight Following

Subpart U of part 121 prescribes dispatching rules for domestic and flag operations and flight release rules for supplemental operations. In the context of domestic and flag operations, an aircraft dispatcher is required. Aircraft dispatchers are required to ensure the safe and efficient operation of commercial flights by sharing joint responsibility with the pilot in command (PIC), planning and monitoring flights, managing weather and airspace challenges, coordinating with various stakeholders, and complying with regulatory requirements. Aircraft dispatchers must be certificated by the Administrator to perform their duties, ensuring only qualified individuals hold this critical responsibility. 7

Pursuant to subpart C of 14 CFR part 65, FAA will certificate aircraft dispatchers for domestic and flag operators if they meet certain eligibility, knowledge, training, and skill requirements

and complying with regulatory requirements. Aircraft dispatchers must be certificated by the Administrator to perform their duties, ensuring only qualified individuals hold this critical responsibility. 7

Pursuant to subpart C of 14 CFR part 65, FAA will certificate aircraft dispatchers for domestic and flag operators if they meet certain eligibility, knowledge, training, and skill requirements. In addition, 14 CFR 65.51(a) requires that an aircraft dispatcher have such a certificate in his or her possession when acting as a dispatcher and present it for inspection upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or of any Federal, State, or local law enforcement officer.

For supplemental operations, functions similar to flight dispatching in the context of domestic or flag operations are sometimes referred to as flight following functions. FAA does not require operators engaged in supplemental operations to utilize a certificated aircraft dispatcher. Instead, for supplemental operations, a flight may not depart unless it has been released by an individual authorized by the air carrier to exercise operational control over the flight. 8 As with domestic or flag operations dispatchers, the individuals overseeing supplemental operations are responsible for ensuring the safety of the flight. Flight following personnel for supplemental operations do not need aircraft dispatcher certificates. However, flight following personnel must be authorized by the director of operations to exercise operational control of the flight

r of air carriers expressed interest in allowing dispatching or flight following from locations other than the air carrier's designated dispatch center or flight following center. This practice allowed the air carriers to comply with the national health and safety recommendations such as social distancing, group size limits, and self-quarantining. This practice is referred to as remote dispatching.

Following a collaborative risk analysis, FAA's Flight Standards Service issued a memorandum to Flight Standards personnel who oversee air carriers in March 2020 describing factors to consider when determining whether to allow air carrier personnel to temporarily perform flight dispatching and flight following duties from their homes on a case-by-case basis, provided the air carrier could show these duties were able to be performed safely. 11 The memorandum balanced the office's allowance of remote flight following and aircraft dispatch practices with the existing responsibilities required for air carriers conducting these operations, such as duty time requirements and regular inspections. Given the context of the COVID-19 transmission and fatality rates at the time of the initial requests and authorizations, FAA determined that any risks associated with remote dispatching and flight following were not greater than the risks of COVID-19 transmission within the confines of dispatching and flight following centers.

FAA granted a small number of authorizations allowing air carriers to dispatch or flight release from locations other than their approved dispatch or flight following centers. The first four air carriers to receive these authorizations conducted remote operations from dispatchers' or flight followers' private residences. Some authorizations included periodic expiration dates to ensure risk control, which also allowed FAA to renew or terminate the authorization. Subsequent authorizations did not contain specific expiration dates

oved dispatch or flight following centers. The first four air carriers to receive these authorizations conducted remote operations from dispatchers' or flight followers' private residences. Some authorizations included periodic expiration dates to ensure risk control, which also allowed FAA to renew or terminate the authorization. Subsequent authorizations did not contain specific expiration dates. Some air carriers were authorized to conduct remote operations, yet they opted not to do so.

These authorized air carriers remained responsible for evaluating whether their remote locations met regulatory requirements and individual operational needs. Further, air carriers remained responsible for evaluating any associated risks with the practice as part of their required Safety Management System.

D. Congressional Concerns

The practice of remote dispatching raised congressional interest in May 2022, when FAA briefed congressional staff regarding authorized remote dispatch work locations. FAA provided additional briefings to House and Senate Committees on alternate dispatch location approvals associated with a draft of the Fiscal Year 2023 House Appropriations Bill. In November 2022, FAA received a letter from the House Committee on Transportation and Infrastructure detailing the Committee's concern about the safety of air carriers operating remote dispatch. 12 In 2024, Congress imposed specific requirements on air carriers' dispatch and flight following centers in section 420 of the Act. Section 420 prohibits flight dispatching from any location other than the dispatch center or flight following center except in cases where a dispatch or flight following center has been rendered inoperable. Air carriers

may then use an alternate location for no more than 14 consecutive days before approval of the Administrator is required.

IV

r must inform the responsible Flight Standards office of each decision to utilize any alternate location as soon as possible, but no later than 24 hours after first use to ensure continued FAA oversight of that air carrier's activities.

FAA emphasizes, however, that dispatching or flight following from a location other than a dispatch or flight following center should only occur as a last resort. In addition, the air carrier should ensure the alternate location considers a dispatcher's or flight follower's ability to maintain operational control from that location effectively, and air carriers should remain aware that they remain subject to any requirements set forth in parts 119, 120, and 121. When dispatching or flight following from an alternate location, air carriers should consider secure non-public internet access, proper communication equipment, and freedom from outside distractions, which might reduce a dispatcher's or flight follower's ability to conduct their dispatching or flight following activities. Even if an alternate location meets these conditions, every effort should be made to return to the regularly used dispatch or flight following center as soon as possible.

B. Reorganization of §§ 121.125 and 121.127

FAA is proposing to reallocate certain provisions of §§ 121.125 and 121.127 between these two sections to consolidate requirements for flight following systems and flight following centers, providing increased regulatory clarity. The requirements themselves would remain the same, but would be grouped together by subject. Currently, § 121.125 is titled “Flight following system,” and § 121.127 is titled “Flight following system; requirements.” Though §§ 121.125 and 121.127 share a similar title, they contain varying and somewhat overlapping provisions

tems and flight following centers, providing increased regulatory clarity. The requirements themselves would remain the same, but would be grouped together by subject. Currently, § 121.125 is titled “Flight following system,” and § 121.127 is titled “Flight following system; requirements.” Though §§ 121.125 and 121.127 share a similar title, they contain varying and somewhat overlapping provisions. Provisions concerning a flight following system generally would appear under § 121.125, and those concerning individual flight following centers (including the proposed prohibition against remote flight following) would appear under § 121.127. This rule proposes to retitle § 121.127 “Flight following centers.” These changes would reduce confusion regarding the location of regulatory requirements and prohibitions related to flight following.

Current § 121.125(a)(1) requires each air carrier conducting supplemental operations to show it has an approved flight following system established in accordance with subpart U of part 121 and adequate for the proper monitoring of each flight, considering the operations to be conducted, and this language would remain unchanged. Current § 121.125(a)(2)(i) and (ii) provide additional specific requirements for flight following centers. This rule proposes to move these provisions to § 121.127(a)(1) and (2) without changing the requirements themselves. Paragraph 121.125(a)(2) would then refer generally to the requirements of proposed § 121.127. FAA also proposes to move current § 121.127(a)(1) and (2) to § 121.125(a)(3) and (4). These paragraphs require air carriers to have adequate facilities and personnel to provide information necessary for the initiation and safe conduct of each flight to the flight crew and the people designated to maintain operational control and to have a means of communication to monitor the progress of each flight. Paragraphs (b) and (c) of § 121.125 would remain unchanged

121.125(a)(3) and (4). These paragraphs require air carriers to have adequate facilities and personnel to provide information necessary for the initiation and safe conduct of each flight to the flight crew and the people designated to maintain operational control and to have a means of communication to monitor the progress of each flight. Paragraphs (b) and (c) of § 121.125 would remain unchanged. 13 Paragraph § 121.125(d) would be amended slightly by adding the word “must” to clarify that the certificate holder's operations specifications are required to specify the authorized flight following system and the location of the centers. Finally, FAA proposes to move current § 121.127(b) to § 121.125(e).

With these proposed changes, § 121.127 would consist of the general requirements for flight following centers moved from § 121.125(a)(2)(i) and (ii) to § 121.127(a)(1) and (2) and the prohibition against remote flight following, with exception, at § 121.127(b) and (c).

V. Regulatory Notices and Analyses

A. Regulatory Impact Analysis

Executive Order (E.O.) 12866 (“Regulatory Planning and Review”) and E.O. 13563 (“Improving Regulation and Regulatory Review”) require agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” The Office of Management and Budget (OMB) determined that this proposed rule is not a significant regulatory action.

Existing regulations require part 121 certificate holders conducting domestic and flag operations to operate from

dispatch centers and those conducting supplemental operations to operate from flight following centers using authorized personnel conducting flight following operations. As no air carriers currently conduct remote dispatching, there would be no cost impacts of the proposed rule

.

Existing regulations require part 121 certificate holders conducting domestic and flag operations to operate from

dispatch centers and those conducting supplemental operations to operate from flight following centers using authorized personnel conducting flight following operations. As no air carriers currently conduct remote dispatching, there would be no cost impacts of the proposed rule. The proposed rule would prevent remote dispatching in the event of similar circumstances to those during the COVID-19 public health emergency or any trend in remote work among part 121 certificate holders. However, because there have been no accidents associated with the practice and the likelihood of increased remote dispatching in the absence of the rule is unknown, FAA cannot estimate the impact of these potential benefits.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 111-240,), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

The proposed rule would prohibit part 121 certificate holders from conducting remote dispatch operations. No entities are currently conducting remote dispatch and FAA did not identify any incremental costs of the proposed rule. If an agency determines a rulemaking will not result in a significant economic impact on a substantial number of small entities, the head of the agency may so certify under section 605(b) of the RFA

posed rule and determined it ensures the safety of the American public and does not exclude imports that meet this objective. As a result, FAA does not consider this rule as creating an unnecessary obstacle to foreign commerce.

D. Unfunded Mandates Assessment

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or Tribal government or the private sector to incur direct costs without the Federal government having first provided the funds to pay those costs. FAA determined the proposed rule would not result in the expenditure of $187,000,000 or more ($100,000,000 adjusted for inflation using the most current Implicit Price Deflator for the Gross Domestic Product) by State, local, or Tribal governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that FAA consider the impact of paperwork and other information collection burdens imposed on the public. While this NPRM proposes to require an air carrier to notify its responsible Flight Standards office within 24 hours of the use of any alternate dispatch location, based on the fact that only three operators ever used this exception throughout the COVID-19 public health emergency, FAA believes that fewer than ten persons would be required to provide notification to a responsible Flight Standards office in any 12 month period. Title 5 CFR 1320.3(c) states that OMB clearance of any information collection is required only if the information is to be collected from ten or more persons annually. Therefore, FAA has determined there would be no new requirement for information collection associated with this proposed rule.

F. International Compatibility

In keeping with U.S

the agency has determined normally do not significantly affect the quality of the human environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). 15 In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. 16 This rulemaking, which proposes to amend FAA regulations for domestic, flag, and supplemental operators to prohibit remote dispatch and flight following activities except in the event of an emergency that renders a dispatch or flight following center inoperable, is categorically excluded pursuant to Paragraph B-2.6(f) of FAA Order 1050.1G: “Regulations, standards, and exemptions (excluding those that if implemented may cause a significant impact on the human environment.” FAA does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking.

VI. Executive Order Determinations

A. E.O. 13132, Federalism

FAA has analyzed this proposed rule under the principles and criteria of E.O. 13132, Federalism. FAA has determined this action would not have a substantial direct effect on the States, or the relationship between the Federal 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.

B. E.O. 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

FAA analyzed this proposed rule under E.O. 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. FAA has determined it would not be a “significant energy action” under the Executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy.

C. E.O. 13609, Promoting International Regulatory Cooperation

E.O

FAA to take staffing, equipment, and security requirements into account when issuing certificates to air carriers. Therefore, no additional rulemaking is necessary.

3 See endnote 1.

4 See 14 CFR 110.2.

5 Id.

6 Id.

7 14 CFR 65.51.

8 14 CFR 121.597.

9 “Operational Control” refers to the “initiation, continuation, diversion, and termination of a flight” as provided in 14 CFR 121.537(b).

10 This inspection will look to ensure that centers are properly staffed, equipped, and secured to allow air carriers to maintain operational control of all flight operations.

11 “Operational Control Part 121 Air Carriers,” Memorandum from Thomas Malone, Manager of Air Transportation Division, AFS-200 (Mar. 20, 2020). A copy of this document is posted in the docket.

12 Congressmen Peter A. DeFazio and Rick Larsen, November 29, 2022, House

Committee on Transportation and Infrastructure, Washington, DC. A copy of this letter can be found in the docket for this rulemaking.

13 The rulemaking would correct a typographical error in § 121.125(d), clarifying that a certificate holders operations specifications must specify the flight following system is it authorized to use and location of flight following centers. Current practice in the FAA certification process already addresses this requirement, so no new requirements are resulting from the correction.

14 90 FR 29615, Jul. 3, 2025.

15 See DOT Order 5610.1D § 9.

16 Id. § 9(b).

List of Subjects in 14 CFR Part 121

Air carriers, Aviation safety, Charter flights, Safety, Transportation.

The Proposed Amendment

For the reasons discussed in the preamble, the Federal Aviation Administration proposes to amend chapter I 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 is revised to read as follows:

Authority: 49 U.S.C. 106(f), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat

outside of a physical location designated as a dispatching center of the air carrier.

(c) In the event of an emergency or other event that renders a dispatch center inoperable, a certificate holder may dispatch aircraft from a location other than a dispatch center of the certificate holder for a period of time not to exceed 14 consecutive days per location without approval of the Administrator.

(d) The certificate holder must notify the responsible Flight Standards district office within 24 hours of each use of any location other than a dispatch center.

3. Revise § 121.125 to read as follows:

§ 121.125 Flight following system. (a) Each certificate holder conducting supplemental operations must show that it has—

(1) An approved flight following system established in accordance with subpart U of this part and adequate for the proper monitoring of each flight, considering the operations to be conducted;

(2) Flight following centers as described in § 121.127;

(3) Adequate facilities and personnel to provide the information necessary for the initiation and safe conduct of each flight to—

(i) The flight crew of each aircraft; and

(ii) The persons designated by the certificate holder to perform the function of operational control of the aircraft; and

(4) A flight following system with a means of communication by private or available public facilities (such as telephone, telegraph, or radio) to monitor the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops.

(b) A certificate holder conducting supplemental operations may arrange to have flight following facilities provided by persons other than its employees, but in such a case the certificate holder continues to be primarily responsible for operational control of each flight.

ing intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops.

(b) A certificate holder conducting supplemental operations may arrange to have flight following facilities provided by persons other than its employees, but in such a case the certificate holder continues to be primarily responsible for operational control of each flight.

(c) A flight following system need not provide for in-flight monitoring by a flight following center.

(d) The certificate holder's operations specifications must specify the flight following system it is authorized to use and the location of the centers.

(e) The certificate holder conducting supplemental operations must show that the personnel specified in paragraph (a) of this section, and those it designates to perform the function of operational control of the aircraft, are able to perform their required duties.

4. Revise § 121.127 to read as follows:

§ 121.127 Flight following centers. (a) Each certificate holder conducting supplemental operations using a flight following system must show that it has dispatch or flight following centers located at those points necessary—

(1) To ensure the proper monitoring of the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops; and

(2) To ensure that the pilot in command is provided with all information necessary for the safety of the flight.

(b) Except as provided in paragraph (c) of this section, a certificate holder may not allow a person to work as an aircraft dispatcher or flight follower outside of a physical location designated as a dispatch or flight following center of the air carrier.

hose points or stops; and

(2) To ensure that the pilot in command is provided with all information necessary for the safety of the flight.

(b) Except as provided in paragraph (c) of this section, a certificate holder may not allow a person to work as an aircraft dispatcher or flight follower outside of a physical location designated as a dispatch or flight following center of the air carrier.

(c) In the event of an emergency or other event that renders a dispatch or flight following center inoperable, a certificate holder may dispatch or flight release aircraft from a location other than the dispatch or flight following center of the certificate holder for a period of time not to exceed 14 consecutive days per location without approval of the Administrator.

(d) The certificate holder must notify the responsible Flight Standards office within 24 hours of each use of any location other than a dispatch or flight following center.

Issued under authority provided by 49 U.S.C. 106(f), 40103(b), 44711, and 44748 in Washington, DC.

Hugh J. Thomas, Acting Executive Director, Flight Standards Service.

[FR Doc. 2026-10293 Filed 5-21-26; 8:45 am] BILLING CODE 4910-13-P