[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9221]


[[Page Unknown]]

[Federal Register: April 18, 1994]


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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 121, 125 and 135




Operator Flight Attendant English Language Program; Proposed Rule
DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125 and 135

[Docket No. 27694; Notice No. 94-11]
RIN 2120-AE98

 
Operator Flight Attendant English Language Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM).

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SUMMARY: The FAA is considering rulemaking to establish requirements to 
ensure that flight attendants understand sufficient English language to 
communicate, coordinate, and perform all required safety related 
duties. If the FAA actually proposes such a requirement, it would be 
comparable to regulatory requirements for other crewmembers and 
dispatchers. Improvements in communication, coordination, and 
performance of required safety related duties that may result from this 
regulatory process would benefit crewmembers and passengers.

DATES: Comments must be submitted on or before July 18, 1994.

ADDRESSES: Comments on this notice should be mailed, in triplicate, to: 
Federal Aviation Administration, Office of the Chief Counsel, 
Attention: Rules Docket (AGC-200), Docket No. 27694, 800 Independence 
Avenue, SW., Washington, DC 20591.
    Comments delivered must be marked Docket No. 27694. Comments may be 
examined in room 915G weekdays between 8:30 a.m. and 5 p.m., except on 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Donell Pollard, Project Development Branch, AFS-203, Air Transportation 
Division, Office of Flight Standards, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 
267-3735.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Interested persons are invited to participate in the making of a 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from any future 
rulemaking action are also invited. Substantive comments should be 
accompanied by cost estimates. Communications should identify the 
regulatory docket or notice number and should be submitted in 
triplicate to the Rules Docket address specified above. All 
communications received on or before the closing date for comments 
specified will be considered by the Administrator before rulemaking 
action is taken. All comments received will be available, both before 
and after the closing date for comment, in the Rules Docket for 
examination by interested persons. A report summarizing each 
substantive public contact with Federal Aviation Administration (FAA) 
personnel concerned with this rulemaking will be filed in the docket. 
Persons wishing the FAA to acknowledge receipt of their comments must 
include a preaddressed, stamped postcard on which the following 
statement is made: ``Comments to Docket No. 27694.'' The postcard will 
be date stamped and mailed to the commenter.

Availability of ANPRM

    Any person may obtain a copy of this ANPRM by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, 
Attention: Public Inquiry Center, APA-230, 800 Independence Avenue, 
SW., Washington, DC 20591, or by calling (202) 267-3484. Communications 
must identify the notice number of this ANPRM.
    Persons interested in being placed on the mailing list for future 
rulemaking actions should request from the above office a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Background

    It is essential that all flight crewmembers, dispatchers, and air 
traffic controllers, be able to communicate with each other. Sections 
61.83, 61.103, and 61.123 of the Federal Aviation Regulations (FAR) 
require that a person, in order to be eligible to receive a special 
pilot certificate without limitations, be able to read, write, and 
understand the English language. Section 61.151 of the FAR requires 
that a person, in order to be eligible for an airline transport pilot 
certificate, to be able to read, write, and understand the English 
language and speak it without accent or impediment of speech that would 
interfere with two-way radio conversation. Additionally, persons 
eligible to be flight engineers, navigators, and dispatchers are 
required to be able to read, write and understand the English language. 
The primary objective of these rules is to insure communication and 
coordination among crewmembers and others who have duties related to 
the safe operation of a flight. The Aviation Rulemaking Advisory 
Committee, an entity comprised of aviation related organizations that 
advise the FAA on various regulatory issues, has stated that it is 
inconsistent to assign flight attendants safety related duties aboard 
flights without ensuring that they have the ability to effectively 
communicate and coordinate these duties with other crewmembers.

Possible Rulemaking

    This notice is to inform the public that the FAA is considering 
amending the applicable portions of parts 121, 125 and 135 of the FAR 
by requiring certificate holders to establish a program to ensure that 
flight attendants understand sufficient English to communicate, 
coordinate and perform all required safety related duties.
    The FAA is issuing this Advance Notice of Proposed Rulemaking to 
gather operational and economic data for use in determining whether to 
develop a Notice of Proposed Rulemaking (NPRM). The FAA is seeking 
information in the following specific areas:

Nature of the Problem

    (1) What are the safety related duties that would be affected by 
lack of proficiency in the English language?
    (2) What are the actual or potential safety related problems, if 
any, caused by a lack of English language proficiency on the part of 
the flight attendants?
    (3) What level of understanding and fluency should a flight 
attendant have in order to perform safety related duties?
    (4) What constitutes sufficient English language proficiency for 
operations conducted by the certificate holders?

Extent of the Problem

    (5) How many flight attendants are serving with United States 
operators who do not possess English language proficiency? (Please 
provide information regarding the basis, source or criteria used to 
formulate the number of flight attendants that do not possess English 
language proficiency.)

Cost

    (6) What would be the average cost of training each flight 
attendant who is not proficient in the English language, to the extent 
necessary, to be proficient in the English language?
    (7) What would be the cost of replacing a flight attendant who is 
not proficient in the English language?
    (8) Would there be a need to hire additional personnel to train 
flight attendants who are not proficient in the English language?

Present Practices

    (9) How are flight attendants, who are not proficient in the 
English language, given duty assignments?
    (10) Is an effort made to have at least one English speaking flight 
attendant on each flight?
    (11) Are flight attendants, who are not proficient in the English 
language, routinely assigned to certain positions on a flight?
    (12) When foreign operators function with flight attendants who do 
not speak the language of the operator or English, how are these flight 
attendants assigned to positions on the flight?
    (13) How do foreign governments ensure that flight attendants 
possess the language skills necessary to perform crew coordination 
duties?

Method of Ensuring Proficiency

    (14) What type of program, procedures, or standard should be used 
to ensure that flight attendants possess the necessary proficiency in 
the English language to communicate, coordinate and perform all safety 
related duties?
    (15) Should all flight attendants be proficient in the English 
language? If not, why not?
    (16) What percentage of flight attendants on a flight should be 
proficient in the English language? (Please provide the basis for your 
analysis).

Regulatory Process Matters

Economic Impact

    The FAA is presently unable to determine the likely costs of 
imposing regulations affecting an operator flight attendant English 
language program. Following a review of the responses submitted to this 
ANPRM, the FAA will determine what regulatory requirements will be 
proposed, if any, and will review the potential costs and benefits, as 
required by Executive Order 12866. As discussed above, the FAA is 
seeking relevant cost data to facilitate the FAA's determinations.

Other Regulatory Matters

    At this preliminary stage, it is not possible to determine whether 
there will be a significant economic impact on a substantial number of 
small entities or what the paperwork burden might be. These regulatory 
matters will be addressed at the time of publication of any NPRM on 
this subject.

Federalism Implications

    Federalism implications, if any, will be discussed if an NPRM is 
issued.

List oF Subjects

14 CFR Part 121

    Aircraft, Airmen, Aviation safety, Safety.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Air taxes, Aircraft, Airmen, Aviation safety.

    Authority: [for Part 121] 49 U.S.C. app. 1354(a), 1355, 1356, 
1357, 1401, 1421-1430, 1472, 1485, and 1502; 49 U.S.C. 106(g) 
(Revised Pub. L. 97-449, January 12, 1983).

    Authority: [for Part 125] 49 U.S.C. 1354, 1421 through 1430, and 
1502; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983).

    Authority: [for Part 135] 49 U.S.C. 1354(a), 1355(a), 1421 
through 1431, and 1502; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, 
January 12, 1983.

    Issued in Washington, DC, on April 8, 1994.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 94-9221 Filed 4-15-94; 8:45 am]
BILLING CODE 4910-13-M