[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65951-65977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30547]




  Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / 
Proposed Rules  
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[[Page 65951]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 135

[Docket No. 28081; Notice No. 95-18]
RIN 2120-AF63


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend existing regulations to establish 
one set of duty period limitations, flight time limitations, and rest 
requirements for flight crewmembers engaged in air transportation. The 
proposal results from public and congressional interest in regulating 
flight crewmember rest requirements, NTSB Safety Recommendations, 
petitions for rulemaking, and scientific data contained in recent 
National Aeronautics and Space Administration (NASA) studies relating 
to flight crewmember duty periods, flight times, and rest. The proposal 
would update the regulations and replace certain out-dated regulations 
with a simplified regulatory approach based upon scientific studies of 
fatigue. The objective of the proposal is to contribute to an improved 
aviation safety system by ensuring that flight crewmembers are provided 
with the opportunity to obtain sufficient rest to perform their routine 
and emergency safety duties.

DATES: Comments must be received on or before March 19, 1996.

ADDRESSES: Send or deliver comments on this notice in triplicate to: 
Federal Aviation Administration, Office of the Chief Counsel, 
Attention: Rules Docket (AGC-200), Room 915G, Docket No. 28081, 800 
Independence Avenue, SW, Washington, DC 20591. Comments may also be 
submitted to the Rules Docket by using the following Internet address: 
[email protected]. Comments must be marked Docket No. 28081. 
Comments may be examined in the Rules Docket in Room 915G on weekdays 
between 8:30 a.m. and 5:00 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Larry Youngblut, Project Development 
Branch, AFS-240, Air Transportation Division, Flight Standards Service, 
Room 829, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591; telephone (202) 267-3755.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments, and by commenting on the 
possible environmental, economic, and federalism- or energy-related 
impact of the adoption of this proposal. Comments concerning the 
proposed implementation and effective date of the rule are also 
specifically requested.
    Comments should carry the regulatory docket or notice number and 
should be submitted in triplicate to the Rules Docket address specified 
above. All comments received and a report summarizing any substantive 
public contact with FAA personnel on this rulemaking will be filed in 
the docket. The docket is available for public inspection both before 
and after the closing date for receiving comments.
    Before taking any final action on this proposal, the Administrator 
will consider the comments made on or before the closing date for 
comments, and the proposal may be changed in light of the comments 
received.
    The FAA will acknowledge receipt of a comment if the commenter 
includes a self-addressed, stamped postcard with the comment. The 
postcard should be marked ``Comments to Docket No. 28081.'' When the 
comment is received by the FAA, the postcard will be dated, time 
stamped, and returned to the commenter.

Availability of the NPRM

    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office of Public Affairs, 
Attention: Public Inquiry Center, APA-430, 800 Independence Avenue SW., 
Washington, DC 20591, or by calling (202) 267-3484. Communications must 
identify the notice number of this NPRM.
    Persons interested in being placed on a mailing list for future FAA 
NPRM's should request a copy of Advisory Circular No. 11-2A, Notice of 
Proposed Rulemaking Distribution System, which describes application 
procedures.

Background

    The aviation industry requires 24-hour activities to meet 
operational demands. Growth in global long-haul, regional, overnight 
cargo, and short-haul domestic operations is likely to increase round-
the-clock requirements. Flight crews must be available to support 24-
hour a day operations to meet these industry demands. Both domestic and 
international aviation frequently require crossing multiple time zones. 
Therefore, shift work, night work, irregular work schedules, 
unpredictable work schedules, and time zone changes will continue to be 
commonplace components of the aviation industry. These factors affect 
human physiology by causing performance-impairing fatigue that can 
affect the level of safety. The FAA believes that it is critical, 
whenever possible, to incorporate scientific information on fatigue and 
human sleep physiology into regulations on flight crew scheduling. Such 
scientific information can help to maintain the safety margin and 
promote optimum crew performance and alertness during flight 
operations.
    Over the past 40 years, scientific knowledge about sleep, sleep 
disorders, circadian physiology, fatigue, sleepiness/alertness, and 
performance decrements has grown significantly. Some of this scientific 
knowledge, gained through field and simulator studies, has confirmed 
that aviators experience performance-impairing fatigue from sleep loss 
resulting from current flight and duty practices. Incorporation of 
scientific knowledge on fatigue into operations (e.g., regulatory 
scheduling considerations, personal strategies, fatigue 
countermeasures) would greatly benefit safety. A primary purpose of 
this rulemaking is to incorporate as much as possible of the scientific 
knowledge into the applicable regulations.
    A second purpose of this proposed rulemaking is to establish 
consistent and clear duty period limitations, flight time limitations, 
and rest requirements for all types of operations. The current 
regulations require revising because of their complexity and age. While 
domestic flight time limitations and some commuter limitations were 
updated in 1985, flag and supplemental operations were not. With 
advancements in new aircraft, these operational distinctions are no 
longer as meaningful as they once were. This proposal would establish 
the same duty period limitations, flight time limitations, and rest 
requirements for all types of operations in part 121 for domestic, 
flag, and supplemental operations and in part 135 for commuter and on-
demand operations. The duty period limitations, flight time 
limitations, and rest requirements would allow for differences based on 
the length of flights and number of flight crewmembers on a flight. 

[[Page 65952]]


General Discussion

Historical Review

    The Civil Aeronautics Act of 1938 (52 Stat. 1007; as amended by 62 
Stat. 1216, 49 U.S.C. 551) and subsequently, the Federal Aviation Act 
of 1958 (now codified at 49 U.S.C. 40101 et seq.) addressed the issue 
of regulating flight crewmember hours of service. The Federal Aviation 
Act, as amended, empowers and directs the Secretary of Transportation 
to promote the safety of civil air flight in air commerce by 
prescribing and revising from time to time ``reasonable rules and 
regulations governing, in the interest of safety, the maximum hours or 
periods of service of airmen, and other employees.''
    Despite many changes in the airline transportation industry over 
the 30 years before 1983, the rules governing flight time limitations 
and rest requirements remained virtually unchanged because no safety 
reasons had been presented which necessitated changes to the 
regulations. But the presumed level of safety established by these 
rules did not necessarily mean that the rules were as effective as they 
should have been when considered in light of changes that had occurred 
in the industry in the previous 30 years.
    In 1983, a significant rulemaking was initiated to clarify and 
simplify the regulations and to make them more applicable to the air 
transportation environment at that time. A significant driving force 
for amending the flight time regulations in 1983 was that the 
requirements under part 121 were so complicated that they had required 
thousands of pages of interpretation and had sometimes been incorrectly 
followed by air carriers.
    A second significant factor justifying amendment of the rules in 
1983 was their inflexibility. For example, although under the then 
existing rule, air carriers were not considered in violation of the 
rules if flight times were exceeded due to adverse weather conditions 
or other circumstances beyond the control of the air carrier, an air 
carrier did not have the flexibility to adjust scheduled rest periods 
in the event of late arrivals or other factors. If a flight was late, 
the subsequent flights often had to be delayed while substitute flight 
crewmembers were brought in or while the flight crewmembers received 
their scheduled rest periods.
    A third factor affecting the pre-1983 rules was, under deregulation 
of the air transportation industry, the number and variety of domestic 
certificate holders dramatically increased. The complexity and variety 
of the newer operations required that the FAA provide clear and simple 
minimum safety criteria for all operators.
    A fourth factor affecting the pre-1983 rules, and one related to 
the changing character of the air transportation industry, was the 
growth of commuter operations. Some commuter operations fall under part 
121 domestic rules while others fall under part 135 rules. A question 
existed as to whether either set of requirements effectively covered 
these comparatively new and growing operations. Thus an additional aim 
of the 1983-1985 rulemaking proceedings was to study the materials 
submitted by the commuter industry group and incorporate the findings 
into the applicable rules in order to provide, in this segment of the 
industry, a level of safety equivalent to other air transportation 
operations.
    The 1983-1985 rulemaking proceeding was not the FAA's first attempt 
to solve the previously described problems. For a number of years 
before 1983 the FAA recognized that the flight time limits and rest 
requirements needed to be clarified and substantively improved in those 
areas where they were potentially inadequate. On several occasions the 
FAA had attempted to correct the flight time limitation problems of 
both parts 121 and 135 through rulemaking actions. But because of the 
complexity of the flight time rules and the economic interests 
affected, none of the previous proposals succeeded in resolving the 
problems to the satisfaction of the affected parties. Given the 
importance of the flight time rules in air transportation safety, the 
FAA decided in 1983 to try an innovative approach that would bring the 
affected parties together to negotiate a resolution.
1983-1985 Regulatory Negotiation
    In 1983 regulatory negotiation was a new concept recommended by the 
Administrative Conference of the United States. Basically, it was a 
procedure by which representatives of all interests affected by a 
rulemaking could be brought together to fully discuss the issues under 
conditions conducive to narrowing or eliminating differences and to 
negotiating a proposed rule acceptable to each interest. In accordance 
with the recommended procedure, the FAA created an advisory committee 
chartered under the Federal Advisory Committee Act. The committee was 
comprised of persons representing the diverse interests affected by the 
flight time rules, including persons representing flight crewmembers, 
air carriers, air taxis, helicopter operators, and the public.
    The committee met for 16 days in 1983 under the direction of a 
convener/mediator and thoroughly discussed the major issues involved in 
the regulation of flight time limits and rest requirements for domestic 
operations under part 121 and for operations under part 135. Although 
the committee did not reach consensus on any particular proposal, its 
deliberations were successful in narrowing the differences among 
parties and in reaching substantial agreement on some issues. In 
addition, the committee identified major areas of concern and all 
parties obtained significant, new information on a subject which had 
been discussed, without resolution, for years. The committee 
deliberations led to a notice of proposed rulemaking [49 FR 12136, 
March 28, 1984] and then to a final rule [50 FR 29306, July 18, 1985]. 
The final rule reflected comments received from the organizations 
represented on the Advisory Committee and from others. The final rule 
accomplished the following major objectives:
    (1) It resolved a series-of-flights problem in part 121, domestic 
air carrier rules, thereby addressing many interpretation issues;
    (2) It established a new rest period requirement in part 121, 
domestic air carrier rules, for flight crewmembers scheduled to fly 8 
hours or less in 24 consecutive hours and allowed greater scheduling 
flexibility, including the introduction of a reduced rest period;
    (3) It upgraded the requirements for all operations in part 135, 
particularly scheduled operations; and
    (4) It incorporated into the rules certain exemptions that had wide 
applicability: The reduction of a 10-hour rest under part 135 under 
certain conditions; the extension of flight time with augmented crews; 
and the special limitations needed for helicopter medical emergency 
services.
ARAC Flight/Duty Working Group
    While the FAA's 1983-1985 flight time limitations rulemaking was a 
step forward in dealing with rest and flight time issues, the 
rulemaking was limited in its scope and did not address either flag or 
supplemental operations under part 121. The FAA recognized at the time 
that flag and supplemental rules would need to be updated because these 
rules contained some of the same language and problems contained in the 
domestic rules that were amended. Furthermore, though the 1985 
rulemaking clarified some of the flight time and rest requirements, it 
did not resolve the problems completely. Also, since the 1985 
rulemaking, the complexity of the rules and 

[[Page 65953]]
inconsistencies associated with various types of operations (domestic, 
flag, and supplemental under part 121 and commuter and on-demand under 
part 135) have continued to make application and interpretation 
burdensome. A number of petitions to amend the various sections were 
received (discussed in more detail later), as well as hundreds of 
letters concerning the interpretation of rest requirements for flight 
crewmembers assigned to a reserve status. Therefore, on June 15, 1992, 
the FAA announced [57 FR 26685] the establishment of the Flight 
Crewmember Flight/Duty Rest requirements working group (ARAC Flight/
Duty Working Group) of the Aviation Rulemaking Advisory Committee 
(ARAC).
    The ARAC had been established by the FAA in January 1991 [46 FR 
2190, January 22, 1991] as a vehicle for convening representatives of 
interested groups to assist the FAA in addressing regulatory problems 
in a forum that could use, in a less formal setting, many of the 
regulatory negotiation techniques that had been used by the 1983-1985 
flight time limitations advisory committee. The working group's task 
was to determine whether regulations pertaining to air carrier flight 
duty and rest requirements are consistently interpreted and understood 
by the FAA, air carriers, and pilots; to evaluate industry compliance/
practice regarding scheduling of reserve duty and rest periods; and to 
evaluate reports of excessive pilot fatigue as a result of such 
scheduling. The working group was to develop recommendations for 
advisory material and a regulatory revision as appropriate.
    Between its creation on June 15, 1992, and June 30, 1994, the ARAC 
Flight/Duty Working Group met on numerous occasions. The chairman of 
this working group (Dr. Donald E. Hudson of the Aviation Medicine 
Advisory Service) submitted a preliminary report on February 1, 1994, 
and a final report on June 30, 1994. The report indicated that while 
the working group did not reach a consensus on the specific issues, the 
working group did agree on four major areas that the FAA should address 
in future rulemaking actions: Absence of a duty time limitation; 
reserve scheduling; back-side-of-the-clock operations; and scheduled 
reduced rest. Each of the four areas is briefly described here. Three 
areas are specifically addressed in this rulemaking and one, back-side-
of-the-clock operations, is partially, though indirectly, addressed.
    Continuous or indefinite duty could occur under the current rules 
if flight crewmembers complete their daily schedule when delays 
encountered are beyond the control of the certificate holder, no matter 
how long it extends their duty period. The reserve scheduling issue 
concerns questions such as, do the same rest period requirements apply 
to flight crewmembers assigned to reserve duty as the rest period 
requirements that apply to flight crewmembers assigned to scheduled 
flights? Back-side-of-the clock operations refers to the question 
whether special duty limitations and rest requirements should be 
developed for operations that are scheduled during a flight 
crewmember's normal sleep cycle. The scheduled reduced rest issue 
concerns whether certificate holders should be allowed to schedule 
reduced rest in advance or whether reduced rest should only be allowed 
to deal with unavoidable delays.
    Because no consensus could be reached, Dr. Hudson's final report 
included proposals submitted by several members of the working group. 
It also stated that there is enough clear scientific guidance available 
to assist the FAA in establishing a regulatory ``safety floor'' that 
will both address the identified issues and not unfairly penalize 
carriers economically. The report further stated that there is not any 
physiological justification for having different work rules for part 
121 and 135 operators.
NASA Research Program
    In 1980, in response to a Congressional request, the National 
Aeronautic and Space Administration (NASA) Ames Research Center created 
a Fatigue/Jet Lag Program to examine whether there are safety problems 
due to transmeridian flying and fatigue in association with various 
factors found in air transport operations. Since its inception, the 
program has pursued the following three goals: (1) to determine the 
extent of fatigue, sleep loss, and circadian disruption in both 
domestic and international flight operations; (2) to determine the 
impact of these factors on flight crew performance; and (3) to develop 
and evaluate countermeasures to reduce the adverse effects of these 
factors and improve flight crew performance and alertness. In 1991, the 
NASA Ames Program was renamed the NASA Ames Fatigue Countermeasures 
Program to highlight the increased focus on the third goal. Since the 
beginning of the program, NASA has worked in close cooperation with the 
FAA and with the airline industry to collect data and to provide the 
findings of its extensive research as quickly as possible. This 
research is fundamental to this proposal.
    NASA Technical Memoranda reveal general principles pertinent to 
scheduling flight crewmembers. The memoranda include but are not 
limited to the following:
    1. Crew Factors in Flight Operations II: Psychophysiological 
Responses to Shorthaul Air Transport Operations. (NASA Technical 
Memorandum 108856, November 1994)
    2. Crew Factors in Flight Operations: Factors Influencing Sleep 
Timing and Subjective Sleep Quality in Commercial Long-Haul Operations. 
(NASA Technical Memorandum 103852, December 1991)
    3. Principles and Guidelines for Duty and Rest Scheduling in 
Commercial Aviation. (NASA Technical Memorandum, 1995)
    Copies of these memoranda have been placed in the public docket for 
this rulemaking.
    These memoranda state that sleep, awake time off, and recovery are 
primary considerations for maintaining alertness and performance 
levels. Adequate sleep is essential to maintain alertness and 
performance, a positive mood, and overall health and well-being. Each 
individual has a basic sleep requirement. The average sleep requirement 
is for 8 hours in a 24-hour period. Losing as little as 2 hours of 
sleep in a 24-hour time period can result in acute sleep loss, which 
will promote fatigue and degrade subsequent performance and alertness. 
Over days, sleep loss will accrue into a cumulative sleep debt which 
can only be reversed by sleep. An individual who has obtained required 
sleep performs better even after long hours awake or during altered 
work schedules. An individual who is fatigued typically shows a decline 
in performance by requiring more time to complete a given task. Two 
nights of an individual's usual sleep requirement will typically 
stabilize the sleep pattern and restore acceptable levels of waking 
alertness and performance. More frequent recovery periods reduce 
cumulative fatigue more effectively than less frequent ones. For 
example, weekly recovery periods afford a higher likelihood of 
relieving acute fatigue than monthly recovery periods. Consequently, 
regulations that ensure minimum days off per week are critical for 
minimizing the effects of cumulative fatigue over longer periods of 
time.
    The NASA findings and recommendations have been summarized in a 
1995 NASA Technical Memorandum titled ``Principles and Guidelines for 
Duty and Rest Scheduling in Commercial Aviation.'' 

[[Page 65954]]

    This is the first document that NASA intends to publish. This first 
document is intended to be concise, focused on operational 
considerations and to provide specific scientific input to this complex 
issue. The second document will provide the specific scientific 
references that support the principles and guidelines outlined in the 
first document. The second document will be longer and will focus on 
the scientific considerations related to these issues. NASA has assured 
the FAA that the Technical Reports presently in the docket contain the 
data on which the results and conclusions in both the first and second 
document are based. While not every NASA finding or recommendation is 
specifically reflected in this proposal, the overall thrust of this 
proposal is consistent with those findings and recommendations. 
Specific findings of the 1995 NASA memorandum are discussed and where 
relevant referenced by paragraph number in the discussion of specific 
proposals in this document.
National Transportation Safety Board Recommendations (NTSB)
    Issues of fatigue in transportation have been of special concern to 
the NTSB in all modes of transportation. In 1989, the NTSB made three 
recommendations to the Department of Transportation (DOT) to encourage 
an aggressive Federal program to address the problems of fatigue and 
sleep issues in transportation safety:
    Expedite a coordinated research program on the effects of fatigue, 
sleepiness, sleep disorders, and circadian factors on transportation 
system safety. (I-89-1)
    Develop and disseminate educational material for transportation 
industry personnel and management regarding shift work; scheduled work 
and rest; and proper regimens of health, diet, and rest. (I-89-2)
    Review and upgrade regulations governing hours of service for all 
modes to ensure that they are consistent and that they incorporate the 
results of the latest research on fatigue and sleep issues. (I-89-3)
    Further NTSB recommendations were issued as a result of the August 
18, 1993, Douglas DC-8-61 freighter crash at the Leeward Point Airfield 
at the U.S. Naval Air Station, Guantanamo Bay, Cuba after the captain 
lost control of the airplane on approach. The airplane was destroyed by 
impact forces and a post accident fire, and the three flight 
crewmembers sustained serious injuries. NTSB determined that among the 
probable causes of this accident were impaired judgment, impaired 
decision-making, and impaired flying abilities of the captain and 
flightcrew due to the effects of fatigue.
    In the letter accompanying the NTSB Safety Recommendations issued 
as a result of the accident, the NTSB cited the fact that FAA's flight 
and duty rules applicable to part 121 and 135 certificate holders, as 
interpreted, allow flight crewmembers to conduct flights under part 91, 
e.g., ferry flights for their certificate holders following the 
completion of flights conducted under part 121 or 135, without having 
to count these flight hours or duty time toward the part 121 or 135 
flight time duty time limitations and rest requirements. The NTSB 
concluded that ``the accident trip was under the provisions of a 
combination of separate regulations that allowed extended flight and 
duty times to be scheduled, contrary to safe operating practices.'' The 
NTSB went on to note that the United States and France are the only 
countries in the world that base their aviation hours of service 
regulations on flight time, while most other countries base them on 
duty time or a combination of duty and flight time.
    As a result of the Guantanamo Bay accident, the NTSB issued the 
following Safety Recommendations that relate to flight and duty time 
limits:
    (1) Revise part 121 to require that flight time accumulated in 
noncommercial ``tail end'' ferry flights conducted under part 91, as a 
result of 14 CFR, part 121, revenue flights, be included in the flight 
crewmember's total flight and duty time accrued during those revenue 
operations. (A-94-105)
    (2) Expedite the review and upgrade of flight/duty time limitations 
of the Federal Aviation Regulations to ensure that they incorporate the 
results of the latest research on fatigue and sleep issues. (A-94-106)
    The NTSB also reiterated an earlier recommendation that the FAA 
require U.S. air carriers operating under 14 CFR part 121, to include, 
as part of pilot training, a program to educate pilots about the 
detrimental effects of fatigue, and strategies for avoiding fatigue and 
countering its effects. (A-94-5)
Aviation Safety Reporting System
    The FAA has recently examined incident reports submitted by pilots 
to NASA's Aviation Safety Reporting System. Since January 1, 1986, NASA 
has received several reports of situations resulting from fatigue from 
pilots engaged in part 121 operations and 200 reports from pilots 
conducting part 135 operations. Although these incidents did not 
actually result in accidents, they were of a sufficiently serious 
nature that pilots took the trouble to file a report with NASA with the 
hope of gaining the attention of the regulatory authorities.
Petitions for Rulemaking
    The FAA has received several petitions for rulemaking on flight, 
duty, and rest requirements:
    On June 1, 1989, the Air Transport Association of America (ATA) 
petitioned the FAA to amend part 121, Subpart R of the FAR (which 
contains the flight time limitations for flag operations). This 
petition primarily addressed the need for rulemaking to address the 
industry wide technological airplane changes that have taken place 
since these rules were promulgated, such as airplanes that require only 
two pilots on long distance flights and significant improvements in 
cockpit automation and noise reduction. Specifically, the petition 
requested that two-pilot flight crews be allowed to fly 12 hours 
between required rest periods.
    On June 22, 1990, the Air Line Pilots Association (ALPA) petitioned 
the FAA to amend Secs. 121.471 and 135.265 to delete the reduced rest 
provisions and to increase the required minimum rest for flight 
crewmembers who are scheduled to fly fewer than 8 hours in a 24-hour 
period to 10 hours with at least 8 hours in a rest facility; propose 
longer rest for flight crewmembers who are scheduled to fly more than 8 
hours or who make more than eight landings in a 24-hour period; limit 
duty period time to 14 consecutive hours in a 24-hour period; mandate 1 
calendar day free of duty every 7 days, even when flight crewmembers 
are assigned reserve and/or training duties; and restrict air carriers 
from interrupting a flight crewmember's rest by communicating with him 
or her during a required rest period.
    On September 12, 1990, the Regional Airline Pilot Association 
(RAPA) petitioned to amend Sec. 135.265 of the FAR to delete the 
reduced rest provisions for flight crewmembers who are scheduled to fly 
in pressurized aircraft during a 24-hour period and increase the 
minimum rest period to 10 hours with at least 9 hours in a rest 
facility. For those crewmembers scheduled to fly in unpressurized 
aircraft, and those who make more than seven landings in a 24-hour 
period, RAPA petitioned to require a 12-hour rest with at least 10 
hours in a rest facility. RAPA petitioned also for an amendment to 
Sec. 135.265(a) of the FAR which would reduce the total flight time 
allowed per year to 1,000 hours and per month to 100 hours. 

[[Page 65955]]

    On November 25, 1991, Mr. Thomas T. Gasta, a captain on turbo-jet 
aircraft, petitioned the FAA to amend the definitions in part 1 of the 
FAR to include a definition of rest that would ensure that a rest 
period is free from restraint and free from responsibility for work. 
Mr. Gasta's particular concern is to ensure that reserve time is not 
considered rest.
    The FAA has considered each of these petitions for rulemaking in 
preparing this NPRM.
Commuter Rulemaking
    The FAA has issued a proposed rulemaking that would affect commuter 
operations, in general, including applicable flight time limitations 
and rest requirements (Notice 95-5, 60 FR 16230; March 29, 1995).
    The effect of Notice 95-5, if adopted, would be to apply the part 
121 domestic flight time limitations and rest requirements to certain 
commuter operations within the United States and the part 121 flag 
flight time limitations and rest requirements to certain commuter 
operations to or from the United States. Thus, that proposal would 
eliminate the present differences between part 121 and part 135 flight 
time limitations and rest requirements for affected commuter 
operations. For all of the reasons discussed in this preamble, the FAA 
has decided to propose one set of duty period limitations, flight time 
limitations, and rest requirements for flight crewmembers engaged in 
air transportation (domestic, flag, supplemental, commuter and on-
demand operations). Since, if adopted, this proposal would eliminate 
all of the present differences between parts 121 and 135 in this 
subject area, it overrides the related proposal and discussion in 
Notice 95-5. Nonetheless, in any final rule action based on this 
proposal, the FAA will consider, where relevant, any comments relating 
to flight time limitations and rest requirements submitted in response 
to Notice 95-5.
    If the commuter rulemaking is issued as a final rule, the 
compliance date for the flight time limitations and rest requirements 
of that rule will be coordinated with the effective date of any final 
rule that may be issued as a result of this NPRM, so that certificate 
holders conducting commuter operations will have to change their 
procedures for scheduling duty periods, flight time, and rest only 
once.

The Proposal

General

    This proposal is a preventive measure designed to address the 
potential safety problems associated with fatigue-based performance 
decrements. This proposal is not a response to specific accidents, but 
rather to extensive data which shows a relationship between fatigue and 
a decrement in performance. This proposed measure would place 
limitations on flight crewmember hours of service by requiring certain 
scheduling limitations and minimum rest periods.
    The proposed rule would simplify existing flight crewmember flight 
time limitations and rest requirements by replacing existing Subparts 
Q, R, and S of part 121 with a new Subpart Q and revising most of 
subpart F of part 135. Subpart Q of part 121 would not differentiate 
between domestic, flag, and supplemental operations as current 
regulations do, and subpart F of part 135 would not differentiate 
between commuter and on-demand operations.
    As stated previously, the proposed regulatory limitations for parts 
121 and 135 are based in part on knowledge of effects of fatigue as 
reflected in the scientific studies done by NASA. These proposed 
amendments would be compatible with air carrier operations and would 
provide reasonable, basic limitations that are conducive to safety.
    The FAA considered a number of options prior to proposing those 
outlined in this notice. The proposal in this notice takes a combined 
approach based on duty period limitations, flight time scheduling 
limitations, daily and weekly rest requirements, and requirements for 
augmented flight crews. Since the studies concerning fatigue in flight 
operations could not determine any fatigue based rationale for 
differentiating between types of operations, a single proposed set of 
scheduling limitations was selected for all types of operations. The 
proposal is designed to provide science based parameters for duty 
limitations and rest requirements and, at the same time, be 
understandable to everyone involved in flight operations. The proposal 
would establish a basic scheduling limitation for two pilot flight 
crews of 14 hours of scheduled duty, 10 hours of scheduled flight time, 
and 10 hours of scheduled rest. Certificate holders would have 
additional flexibility under the proposal to increase the length of 
scheduled duty periods, but only under certain conditions. The proposed 
scheduled maximum 14 hour duty period, 10 hours of scheduled flight 
time, and 10 hour rest period are consistent with the NASA ``Principles 
and Guidelines'' (Specific Principles, Guidelines, and Recommendations 
2.2.3 and 2.1.2, hereafter referred to as ``Recommendations'') for 2-
pilot crews.
    Although not a proposal in this notice, the FAA also requests that 
commenters provide scientific data concerning the amount of flight time 
that two pilot flightcrews should be allowed to fly in a 14-hour duty 
period, particularly on long range international flights that infringe 
on the flight crewmember's window of circadian low (2 a.m. to 6 a.m. at 
the crewmember's home base time).

Applicability

    Proposed Secs. 121.471 and 135.261 state the applicability of these 
amendments. Subpart Q in part 121 would provide duty period 
limitations, flight time limitations, and rest requirements for flight 
crewmembers in domestic, flag, and supplemental operations. Subpart F 
in part 135 would provide duty period limitations, flight time 
limitations, and rest requirements for commuter and on-demand 
operations.
    The proposed duty period limitations, flight time limitations, and 
rest requirements would also be applicable to duty periods and flight 
time performed for a certificate holder conducting part 91 operations, 
as specified in proposed Secs. 121.1, 121.487, 135.1, and 135.275.

Terms and Definitions

    Proposed Secs. 121.471 and 135.261 contain a list of terms and 
definitions applicable to the proposed amendments.
    The proposal defines ``approved sleeping quarters'' to mean an area 
designated for the purpose of flight crewmembers obtaining sleep as 
approved by the Administrator. See Advisory Circular 121-31, 
``Flightcrew Sleeping Quarters and Rest Facilities'' for guidance on 
methods obtaining FAA approval for aircraft used in part 121 and 135 
operations. Sleeping quarters that are already in use that have been 
determined to be adequate by the Administrator, such as bunks or other 
horizontal surfaces, will not need to be reapproved because of this 
proposed rule. The FAA recognizes that there is a difference between 
the term ``adequate'' sleeping quarters and ``approved'' sleeping 
quarters. Approved sleeping quarters could include additional 
possibilities that were not part of ``adequate sleeping quarters'' as 
previously interpreted. For example, formerly passenger seats were 
never considered adequate for use as sleeping quarters. Recently, 
however, a 

[[Page 65956]]
new type of passenger seat has been developed that meets the guidelines 
in AC 121-31 and therefore could be approved for use as sleeping 
quarters by certificate holders operating under part 121 or part 135.
    The proposed rule defines four kinds of time: assigned time, duty 
involving flight time (referred to as ``duty period''), reserve time, 
and rest (referred to as ``rest period''). Definitions of each of these 
times, as well as other terms, as proposed in Secs. 121.471 and135.261, 
are discussed below.
    ``Assigned time'' is time when the flight crewmember is assigned by 
the certificate holder to activities other than flight duties. Assigned 
time may include activities such as deadhead transportation, training, 
loading baggage, taking tickets, administrative tasks and any other 
assignments, excluding reserve time and required rest periods. Assigned 
time may be performed as part of a duty period, in which case the 
proposed duty period limitations and rest requirements in 
Secs. 121.473, 121.475, and 135.263 would apply. Rest requirements 
associated with assigned time that is not part of a duty period are 
found in proposed Secs. 121.483(f) and 135.271(f).
    The proposed rule defines ``duty period'' as the period of elapsed 
time between reporting for an assignment involving flight time and 
release from that assignment by the certificate holder. The time is 
calculated using either Coordinated Universal Time or the local time of 
the flight crewmember's home base.
    The proposed rule defines two types of reserve: ``Reserve time'' 
and ``standby duty.'' ``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 certificate holder must allow the flight crewmember a 
minimum of 1 hour or more to report. Reserve time is not considered 
part of a rest period and is not considered a duty period. Reserve time 
does not include activities defined as assigned time. Reserve time ends 
when the crewmember reports for a duty period, when the crewmember is 
notified of a future flight assignment and released from all further 
responsibilities until report time for that assignment, or when the 
flight crewmember has been relieved for a rest period.
    ``Standby duty'' in the proposed rule must be treated just like any 
other duty period associated with flight. Standby reserve duty is any 
period of time when a flight crewmember is required to report for a 
flight assignment in less than 1 hour from the time of notification. It 
also includes time when a flight crewmember is required to report to 
and remain at a specific facility (e.g., airport, crew lounge) 
designated by a certificate holder.
    The proposed rule defines ``rest period'' as the time period free 
of all restraint or duty for a certificate holder and free of all 
responsibility for work or duty should the occasion arise. Rest periods 
are considered personal time. Rest periods are provided to give the 
flight crewmember a predetermined opportunity for rest.
    For example, if a flight crewmember is scheduled for a duty period 
which ends on 1200 on Tuesday and requires 14 hours of rest and the 
flight crewmember is not scheduled for another duty period until 1200 
on Thursday, then the 48 hours between duty periods is considered a 
rest period. The flight crewmember's minimum rest period requirements 
would be satisfied after 14 hours from the time the duty period ended. 
The air carrier may reschedule the flight crewmember, but must ensure 
the minimum rest period requirements are satisfied. It should be noted 
that the crewmember cannot be required by the air carrier to contact 
the air carrier, answer the phone, carry a beeper, remain at a specific 
location or in any other way be responsible to the air carrier during a 
scheduled rest period. This does not prohibit the flight crewmember 
from contacting the air carrier at his or her own discretion.
    For clarification purposes, the proposal also defines a ``calendar 
day'' as the period of elapsed time, using Coordinated Universal Time 
or local time, that begins at midnight and ends 24 hours later at the 
next midnight. The definition is needed because certificate holders 
have been confused about the application of the term. ``Calendar day'' 
is defined in the proposed rule in a manner consistent with past 
interpretations of the rule.
    Also, for clarification purposes, the proposal defines 
``operational delays'' as delays that are beyond the control of the 
certificate holder such as those that would be caused by weather, 
aircraft equipment malfunctions, and air traffic control delays. It 
would not include late arriving passengers, late food service, late 
fuel trucks, or delays in loading baggage, freight, or mail, or similar 
events.

Flight Crewmember Duty, Flight, and Rest

    Proposed Secs. 121.473, 121.475, and 135.263 would establish 
maximum scheduled duty periods and a maximum scheduled amount of flight 
time for flight crewmembers within the maximum scheduled duty period. 
In addition, the proposal would establish minimum rest requirements for 
flight crewmembers, including requirements that apply when flight crews 
are augmented and when on board rest facilities are provided.
    Current rules are primarily based on flight time. In addition, in 
some cases the current rules are based on actual rather than scheduled 
flight time. The major basis for the proposed rule is scheduled duty. 
The reason for going to a scheduled duty rule is that it is more 
consistent with current studies relating to fatigue.
    For the purposes of assignments involving flight time, the duty 
period includes the total elapsed time between when the flight 
crewmember reports for a flight assignment, as required by the air 
carrier, and when the flight crewmember is relieved from duty by the 
air carrier. A typical duty period for a flight crewmember would 
consist of pre-flight duties and post-flight duties assigned by the air 
carrier. Pre-flight safety duties include aircraft emergency equipment 
checks, flight planning/dispatch related duties, and complying with the 
certificate holder's approved operations manual.
    At least one industry study and information obtained from 
crewmembers indicates that air carriers vary in how early they require 
flight crewmembers to check in to begin their duty periods and pre-
flight duties. This check-in or report time varies depending on the 
type of equipment flown and the flight destination. Carriers typically 
require flight crewmembers to arrive 30 minutes to 1 hour before 
scheduled departure. For international flights some carriers require 
flight crewmembers to report for duty up to 2 hours before departure.
    Post-flight safety duties include the post-landing duties, safe 
deplaning of passengers, duties related to securing the aircraft, and 
administrative responsibilities such as reporting inoperative equipment 
to maintenance personnel. Typically, flight crewmembers are required to 
remain on duty after the aircraft arrives at the gate to accomplish 
these post-flight duties before they are relieved from duty.
    A duty period may also include activities defined as ``assigned 
time,'' as discussed under ``Terms and Definitions,'' above.
    Thus, a flight crewmember's duty period is not solely a function of 
whether the aircraft is airborne. Flight crewmembers perform important 
safety duties during boarding and deplaning. This proposal, therefore, 
is based on duty periods that include flight time 

[[Page 65957]]
rather than solely on flight time. The FAA expects certificate holders 
to establish realistic report and release times to allow flight 
crewmembers sufficient time to complete these essential pre-flight and 
post-flight safety activities.
    Proposed Secs. 121.473 and 135.263 would provide for different duty 
period limits based on the number of pilots assigned. Each duty period 
would have a scheduled flight time limit and would be followed by a 
required rest period. NASA (Recommendation 2.3.6) recognizes that the 
use of additional flight crewmembers justifies longer duty periods if 
the flight crewmembers are provided on-duty sleep opportunities.
    To allow flexibility a scheduled duty period could be extended two 
hours if the extension is needed because of operational delays. Rest 
periods may be reduced by up to one hour only if the reduction is 
needed because of operational delays and then only if the pilot has not 
exceeded the pilot's scheduled maximum duty-period limitations. If a 
rest period is reduced, the next rest period would have to be extended.
    Table 1 provides a summary of the proposed limitations on duty 
periods and flight time and the proposed rest requirements for pilots.
    For one- and two-pilot crews. In proposed Sec. 135.263(b), the 
basic duty period scheduling limitation for a one-pilot crew would be 
14 hours, including no more than 8 scheduled hours of flight time. In 
proposed Secs. 121.473(b) and 135.263(c), the basic duty period 
limitations for a two-pilot crew would be 14 hours, including no more 
than 10 scheduled hours of flight time. The minimum rest period for 
one- and two-pilot crews would be 10 hours. The proposed 10-hour limit 
on scheduled flight time and the proposed 10-hour minimum rest are 
consistent with NASA Recommendations 2.3.3 and 2.1.1, respectively.
    These proposed duty periods for one- and two-pilot crews could be 
extended to 16 hours due to operational delays. The rest periods may be 
reduced to 9 hours if the actual duty period is not more than 14 hours 
and if the reduction is needed due to operational delays. If the rest 
period is reduced the next rest period would have to be a minimum of 11 
hours. A duty period extended due to operational delays may involve 
longer than scheduled flight time.

                                             Table 1.--Pilot Duty Period, Flight Time and Rest Requirements                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Rest hours                        
                                                                                   Minimum                             following    Extended duty period
           No. of pilots              Duty period hours      Flight time hours       rest      Reduced rest hours    reduced rest         hours \2\     
                                                                                    hours             \1\           (compensatory)                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 (part 135)......................  No more than 14......  No more than 8.......         10  9, May only be                   11    Up to 16 only if due
                                                                                              reduced if duty                        to operational     
                                                                                              period has not                         delays             
                                                                                              exceeded 14.                                              
2.................................  No more than 14......  No more than 10......         10  9, May only be                   11    Up to 16 only if due
                                                                                              reduced if duty                        to operational     
                                                                                              period has not                         delays             
                                                                                              exceeded 14.                                              
3.................................  No more than 16......  No more than 12......         14  12, May only be                  16    Up to 18 only if due
                                                                                              reduced if duty                        to operational     
                                                                                              period has not                         delays             
                                                                                              exceeded 16.                                              
3 Each pilot must have sleep        More than 16, but no   No more than 16......         18  16, May only be                  20    Up to 20 only if due
 opportunity and approved sleeping   more than 18.                                            reduced if duty                        to operational     
 quarters must be available.                                                                  period has not                         delays             
                                                                                              exceeded 18.                                              
4 Each pilot must have sleep        More than 18 but no    No more than 18......         22  20, May only be                  24    Up to 26 only if due
 opportunity ad approved sleeping    more than 24.                                            reduced if duty                        to operational     
 quarters must be available \3\.                                                              period has not                         delays             
                                                                                              exceeded 24.                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rest periods may be reduced only when the actual duty period does not exceed the maximum scheduled duty period for that crew composition and if the 
  pilot is provided a compensatory rest period. This compensatory rest period must be scheduled to begin no later than 24 hours after the beginning of  
  the reduced rest period.                                                                                                                              
\2\ The flights to which the pilot is assigned must at block out time be expected to reach their destination within the extended duty period.           
\3\ Applies only to duty periods with one or more flights that land or take off outside the 48 contiguous states and DC.                                

    Longer Duty Period for a 3-Pilot Crew. Under proposed 
Secs. 121.473(c) and 135.263(d), the certificate holder may schedule up 
to a 16-hour duty period with up to 12 hours of flight time if 3 pilots 
are assigned to the flight. The required rest would be 14 hours. This 
duty period could be extended to 18 hours due to operational delays. 
The required rest could be reduced to 12 hours if the actual duty 
period is not more than 16 hours. If the rest is reduced the next rest 
would have to be 16 hours.
    Longer duty period for three-pilot flightcrews with approved 
sleeping quarters. Under proposed Secs. 121.473(d) and 135.263(e), if 
three pilots are assigned and if approved sleeping quarters are 
provided, the scheduled duty period can be up to 18 hours with a 
scheduled flight time limit of 16 hours. The required rest would be 18 
scheduled hours. Each pilot must be given an opportunity to rest in 
approved sleeping quarters. The duty period could be extended to 20 
hours due to operational delays. The rest could be reduced to 16 hours 
if the actual duty period is not more than 18 hours. If the rest is 
reduced, the next rest would have to be 20 hours.
    Longer duty period if outside the U.S., four pilots, and approved 
sleeping quarters. Under proposed Secs. 121.473(e) and 135.263(f), if 
the duty period involves one or more flights outside the 48 contiguous 
states, if four pilots are assigned, and if approved sleeping quarters 
are provided, the scheduled duty period can be up to 24 hours with 18 
hours of scheduled flight time. Each 

[[Page 65958]]
pilot must be given an opportunity to rest in flight in approved 
sleeping quarters. The required scheduled rest following the duty 
period would be 22 hours. The duty period could be extended to 26 hours 
due to operational delays. The rest could be reduced to 20 hours if the 
duty period is not greater than 24 hours. If the rest is reduced, the 
next rest would have to be 24 hours.
    Reporting for a duty period. The effect of the proposal is that if 
a flight crewmember reports for duty, including standby duty, as 
required and finds that the flight assignment was incorrectly scheduled 
or that the flight is delayed or canceled, a duty period nevertheless 
would have begun. For example, a flight crewmember may report for duty 
as scheduled, only to find that the assigned report time is incorrect 
and that duty actually begins 2 hours later. The carrier could either 
keep the flight crewmember on duty or release the flight crewmember for 
a complete rest period under the applicable section of this proposed 
rule. While the rule language does not spell out in detail this kind of 
example, or application, this is how the concept of duty period would 
work.
    Extension of duty periods. The intent of this proposed rule is to 
ensure that flight crewmembers are provided adequate opportunity to 
rest through properly scheduled duty periods, flight times, and rest. 
Regular delays on certain routes or deviations from certain schedules 
would indicate that the schedules need to be adjusted to comply with 
the proposed limitations. The proposal acknowledges that certain 
delays, such as adverse weather, cannot be anticipated. A flight 
crewmember would not be considered to be scheduled for flight time or a 
duty period in excess of flight time or duty period limitations if the 
flights to which he is assigned are scheduled and normally terminate 
within the limitations, but due to operational delays (such as adverse 
weather conditions, equipment malfunctions, and air traffic control) 
are not at block out time expected to reach their destination within 
the scheduled time. Operational delays do not include late arriving 
passengers, late food service, late fuel trucks, delays in handling 
baggage, freight, or mail, or similar events. (See proposed 
Secs. 121.473, 121.475, 121.479, 135.263, 135.267.)
    The FAA is proposing limiting the extension of any scheduled duty 
period due to operational delays to no more than 2 hours. If at any 
time during a duty period it is determined that, due to operational 
delays, a scheduled flight will not terminate within the scheduled 
termination of that duty period plus 2 hours, then the flight 
crewmembers must be relieved of duty before initiating that flight 
segment. They may be scheduled for another flight as long as that 
flight is scheduled to terminate within the original scheduled duty 
period limitations plus two hours. The FAA believes that 2 hours 
provides flexibility in the event of operational delays and also limits 
the possibility of flight crewmembers being on a continuous duty period 
even when the duty period is extended due to circumstances beyond the 
control of the certificate holder. The limit on flight time hours is 
discussed elsewhere in this preamble.
    Certificate holders would be expected to recognize when certain 
schedules need adjustment due to regularly experienced or seasonal 
delays.

Augmented Flight Crews

    The longer scheduled duty periods that would be allowed under 
proposed Sec. 121.473 (c), (d), and (e) and Sec. 135.263 (c), (d), and 
(e) are contingent upon the assignment of additional pilots in order to 
maintain safety by distributing the workload and permitting more rest. 
This will ensure that pilots are alert and can contribute to safe 
operations. It is important to note that if a pilot is scheduled for a 
duty period longer than 14 hours, the appropriate number of additional 
pilots would have to be present on every flight segment within that 
duty period. In practical terms, the FAA expects that this would occur 
on larger aircraft and, generally, long-haul operations with relatively 
few flight segments. This result would be consistent with the intent of 
the proposal and consistent with current industry practice.
    It should be noted, however, that if a flight crew with additional, 
non-required pilots is assigned a duty period of 14 hours or less, the 
certificate holder may follow Sec. 121.473(b) or Sec. 135.263(b), 
(i.e., provide a rest period of 10 hours).
    Proposed Secs. 121.473 (d) and (e) would require opportunities for 
flightcrew members to rest and availability of approved sleeping 
quarters for duty periods of more than 16 hours. The provision for 
additional flight crewmembers and for on board sleeping quarters takes 
into account the extended time flight crewmembers may be on duty to 
complete long range flight segments. Existing rules, (Secs. 121.483, 
121.485, 121.507, 121.509, 121.521, 121.523) require augmented 
flightcrews for longer duty periods.
    Existing rules in some cases, under present Sec. 121.523(c), allow 
a scheduled duty period of 30 hours; however, the FAA believes that 24 
hours should be the limit of any scheduled duty period.
    This proposal does not provide for substituting flight engineers 
for pilots. Rather the augmentation of pilots must take place 
regardless of the number of flight engineers assigned.
    Reduction of the rest period. In order to provide additional 
flexibility, the FAA is proposing to allow the reduction of rest due to 
operational delays. The rest period may be reduced only if the maximum 
scheduled duty period limitation has not been exceeded or extended. 
Table 1 provides information on reduced rest periods followed by 
compensatory rest periods.

Flight Engineers

    Proposed Sec. 121.475 would provide similar requirements for flight 
engineers. Table 2 provides a summary of the proposed limitations on 
duty periods and flight time and the proposed rest requirements for 
pilots and flight engineers. Present part 121 rules for domestic 
operations do not contain separate flight time limitation requirements 
for flight engineers. The flag and supplemental operations rules 
(Secs. 121.493 and 121.511) deal with flight engineers by referencing 
other sections within the applicable subpart. To avoid any possible 
confusion as to which flight time limitation rules apply to flight 
engineers, the FAA proposes in Sec. 121.475 to address flight engineers 
separately.

                                                                                                                                                        

[[Page 65959]]
                                        Table 2.--Flight Engineer Duty Period, Flight Time and Rest Requirements                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Rest hours                        
                                                                                   Minimum     Reduced rest hours      following    Extended duty period
      No. of flight engineers         Duty period hours      Flight time hours    rest hours          (\1\)          reduced rest         hours \2\     
                                                                                                                    (compensatory)                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................................  No more than 14......  No more than 10.....           10  9, May only be                   11   Up to 16 only if due
                                                                                               reduced if duty                       to operational     
                                                                                               period has not                        delays             
                                                                                               exceeded 14.                                             
1.................................  No more than 16......  No more than 12.....           14  12, May only be                  16   Up to 18 only if due
                                                                                               reduced if duty                       to operational     
                                                                                               period has not                        delays             
                                                                                               exceeded 16.                                             
2 Each flight engineer must have    More than 16, but no   No more than 16.....           18  16, May only be                  20   Up to 20 only if due
 sleep opportunity and approved      more than 20.                                             reduced if duty                       to operational     
 sleeping quarters must be                                                                     period has not                        delays             
 available.                                                                                    exceeded 18.                                             
2 Each flight engineer must have    More than 18 but no    No more than 18.....           22  20, May only be                  24   Up to 26 only if due
 sleep opportunity and approved      more than 24 \3\.                                         reduced if duty                       to operational     
 sleeping quarters must be                                                                     period has not                        delays             
 available.                                                                                    exceeded 24.                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rest periods may be reduced only when the actual duty period does not exceed the maximum scheduled duty period for that crew composition and if the 
  flight engineer is provided a compensatory rest period. This compensatory rest period must be scheduled to begin no later than 24 hours after the     
  beginning of the reduced rest period.                                                                                                                 
\2\ The flights to which the flight engineer is assigned must at block out time be expected to reach their destination within the extended duty period. 
\3\ Applies only to duty periods with one or more flights that land or take off outside the 48 contiguous States and DC.                                



Reserve and Standby Assignments

    Current regulations do not specifically cover the issue of reserve 
time and standby duty. Within the air transportation industry two types 
of generic reserve assignments have developed. One type, usually 
referred to as ``standby reserve,'' is essentially the same as a duty 
period, and as discussed below would be treated as duty for duty period 
limitation and rest requirement purposes. The other type, here called 
``reserve time'' is not considered part of a rest period and is not 
considered part of a duty period and therefore would be dealt with 
separately under this proposal. Proposed Secs. 121.477 and 135.265 
provide reserve assignment requirements.
    Under the proposal a standby duty period must be scheduled in 
accordance with proposed Secs. 121.473, 121.475, or 135.263. A standby 
duty ends when the duty period associated with a subsequent flight 
assignment ends or the flight crewmember is relieved from standby duty 
for a scheduled rest period.
    Standby duty periods are assigned because the air carrier believes 
that some time within that period the flight crewmember will be needed 
for a flight assignment and must report for flight assignment within 
less than 1 hour of being notified. Standby duty also includes time 
when a flight crewmember is required to report to and remain at a 
specific facility (e.g., airport, crew lounge) designated by a 
certificate holder. Usually flight crewmembers are assigned to standby 
duty at the airport. In addition, since the industry has indicated that 
they treat standby as duty, this proposed definition should not impose 
any additional burdens on certificate holders. It is because of the 
momentary anticipation of a flight assignment, which prevents a pilot 
from planning for adequate rest, that standby assignments are treated 
as duty periods.
    The proposed standby duty period would be treated as a duty period 
that is associated with flight, regardless of whether the flight 
crewmember is ever assigned to flight time during that standby duty 
period or not. Standby duty periods would be scheduled in accordance 
with proposed duty period limitations, flight time limitations, and 
rest requirements. A standby duty period commences when the flight 
crewmember is placed on standby duty and ends when the flight 
crewmember is relieved of duty, whether that duty is standby or flight. 
Following standby duty, the flight crewmember must be scheduled for and 
must receive the same amount of rest as he or she would receive if he 
or she accumulated flight time, even if there is no actual flight time.
    Reserve time is a period of time when a flight crewmember is not on 
duty but nonetheless must be available to report upon notice for a duty 
period. During reserve time a flight crewmember typically goes about 
his or her off duty routine, obtaining rest as needed during each 24 
hour period. Reserve time is not considered part of a rest period, is 
not considered part of a duty period, and is not considered assigned 
time. 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 crewmember reports for a duty period. The certificate holder must 
allow the flight crewmember a minimum of 1 hour to report.
    Often flight crewmembers are on reserve for days at a time and are 
given 10 or more hours notification prior to a duty period assignment. 
However, there are times when a flight crewmember is given fewer than 
10 hours notification and may not be completely rested. Some flight 
crewmembers arise early in the morning and may have been awake for many 
hours at the time they receive notification of an evening flight. These 
flight crewmembers may not have an opportunity for a complete rest 
period before the flight assignment. The same may be true of a flight 
crewmember who does not awaken until the middle of the afternoon and 
receives fewer than 10 hours notification of a duty period which starts 
after midnight.
    Since it is difficult to predict when an individual flight 
crewmember sleeps and when he or she awakens, no attempt has been made 
in the proposal to correlate the amount of notice a flight crewmember 
should receive with the time of day. Rather, the emphasis is placed on 
the flight crewmember's receiving enough notice to provide an 

[[Page 65960]]
opportunity for rest before the duty period assignment. If a flight 
crewmember receives at least 10 hours notice there would be enough time 
for the flight crewmember to be fully rested before reporting for a 
duty period of 14 hours. However, under proposed Secs. 121.477(b) and 
135.265(b), when flight crewmembers receive fewer than 10 hours notice 
for a duty period assignment, there is a reduction in the length of 
that duty period. While it could be possible for a flight crewmember to 
receive 10 hours rest before being placed on reserve and then given 10 
hours of notification in order to serve a 14-hour duty period, the FAA 
believes that efficient crew scheduling will minimize the possibility 
of this happening. Table 3 shows for each proposed amount of 
notification time the proposed corresponding duty period limitation.
    Proposed Secs. 121.477(b)(2) and 135.265(b)(2) would provide 
another option under which a flight crewmember could be given a minimum 
6-hour period of protected time for each 24 hours of reserve time. 
During this 6-hour period of protected time the certificate holder 
would not be able to contact the flight crewmember or assign the flight 
crewmember to any duty. The 6-hour period must be assigned before the 
flight crewmember begins the reserve time assignment and must occur at 
the same time during each 24-hour period during a reserve time 
assignment. Any duty period assignment must be scheduled to be 
completed within the 18-hour reserve time, exclusive of the 6 hours of 
protected time. The length of the duty period and the subsequent rest 
period must be in accordance with Secs. 121.473, 121.475, or 135.263. 
The FAA believes that this option would allow flexibility for the 
certificate holder while giving the flight crewmember sufficient 
certainty to plan for and obtain adequate rest. While the 6 hours of 
protected time must be the same 6 hours for any reserve assignment, it 
could be a different 6 hours for subsequent reserve assignments (e.g., 
a subsequent reserve assignment following duty or assigned time).
    Under either reserve time assignment option, the flight crewmember 
must be notified of which option has been selected before the beginning 
of the reserve time assignment.
    Although NASA recommends a predictable and protected 8-hour sleep 
opportunity (2.6.2), the FAA believes that the above described options 
are practical and in most instances will provide at least an 8-hour 
rest opportunity. Either the flight crewmember is provided an 
opportunity for a full 10-hour rest period or, in the case of a short 
notice, the flight crewmember's duty period is limited, or the flight 
crewmember is able to plan each day with the certain knowledge there 
will be a minimum 6-hour period for undisturbed rest. Thus, these 
options would protect against excess fatigue without eliminating the 
objective of the reserve system and without placing a significant 
economic burden on the industry.
    There have been a number of complaints stating that in some cases 
pilots were unable to obtain enough rest because they were given a 
reserve assignment immediately following a duty period and then were 
called for duty before they had received an adequate rest. While under 
these proposed rules such a practice would be a violation because of 
the requirement for a minimum rest period between duty periods, the FAA 
has included in proposed Secs. 121.477(b) and 135.265(b) a requirement 
that a flight crewmember must be given a 10-hour rest period before 
beginning a reserve time assignment. Sections 121.483(c) and 135.271(c) 
state that required rest periods can occur concurrently so this 
proposed requirement may not require an additional rest period.
    The FAA believes that both of these methods of handling reserve 
time assignments would provide more flexibility, would be less costly 
for certificate holders, and would be more likely to ensure adequate 
rest than the current rules. Under the lookback provision in the 
current rules, for instance, 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. There have been situations in which 
certificate holders have professed experiencing difficulties in 
implementing rest requirements for flight crewmembers on reserve. 
Recognizing this, the FAA has developed this proposal. However, if this 
proposal on reserve time assignments is not issued as a final rule, the 
FAA intends to ensure that the current rule, as interpreted, is being 
correctly implemented.

Other Proposals on Reserve Time Presented During ARAC Discussions

    Southwest Airlines proposed a system under which the total of 
reserve time and ``time engaged in scheduled air transportation'' could 
not exceed 18 hours (16 hours if this period included any time during 
the hours between 0300 and 0459). In addition, Southwest proposed that 
reserve time between 0001 and 1000 not be included if the air carrier 
did not contact the crewmember during that period. One option presented 
by the Air Line Pilots Association is similar to Southwest's proposal. 
ALPA would not allow reserve time and duty time to exceed 16 hours. A 
14-hour maximum would apply when the duty time is not contained with 
the period between 0500 and 0259.
    The FAA has several concerns about this approach. First, we believe 
it will be difficult to understand and to apply consistently. More 
importantly, although it appears to provide for some reductions in duty 
time, depending on the time of day a crewmember is notified of a flight 
assignment, it does not expressly provide for any dedicated rest 
opportunity. Moreover, it is not clear exactly what would be 
encompassed by Southwest's term ``time engaged in scheduled air 
transportation.'' The FAA requests that commenters supporting this 
approach provide additional details about this alternative and 
operational scenarios on how it would be applied. Commenters should 
provide information on how this alternative does or does not provide 
the flexibility of the options proposed in this NPRM, and how this 
alternative provides an equivalent level of safety to the options 
proposed here.
    The International Brotherhood of Teamsters proposed two 
alternatives for reserve duty. The first alternative proposes that a 
crewmember could be assigned a reserve period of 24 consecutive hours 
if the crewmember is given 11 hours or more advance notification for a 
flight assignment. The second alternative would allow a crewmember to 
be assigned a reserve period of up to 12 consecutive hours if the 
crewmember is given less than 11 hours of advance notification. In this 
case, the total flight time and duty time could not exceed 17 hours. 
The FAA believes that both of these options unnecessarily limit the 
scheduling flexibility of the operator and that both would greatly 
increase operators' costs while providing no increase in safety when 
compared with the reserve options proposed in this NPRM.
    The Air Transport Association would give the operator five 
alternatives for dealing with reserve time. (1) The carrier could give 
the employee at least eight consecutive hours of rest during any 24 
hour period on reserve; (2) The carrier could give the crewember at 
least 10 hours of advance notice of any assignment, at which point the 
crewmember would be released on rest until the time to report; (3) The 
carrier could not assign the crewmember on 

[[Page 65961]]
reserve to flights between midnight and 5 a.m.; (4) The carrier could 
assign the crewmember on reserve to no more than two flight segments; 
or (5) The carrier could establish alternative policies and procedures 
to ensure that a crewmember will not be assigned to a flight unless 
that crewmember is ``adequately rested for that flight assignment.''
    The first three ATA proposals are generally similar to this NPRM. 
The NPRM contains the option of blocking out a protected period of at 
least six hours during which the crewmember could not be disturbed by 
the employer. This is less restrictive than ATA's proposal (1), 
although it involves a slightly longer period than would be provided by 
proposal (3). Like ATA's proposal (2), the NPRM would provide for 
advance notice of assgnments. However, the NPRM is not limited to a 
single cut-off of 10 hours' notice. Carriers would be permitted to 
assign crewmembers to duty periods that vary with the amount of advance 
notice, down to as little as 4 hours' notice. Since ATA's proposal 
number (4) does not address rest at all, it is not included in the 
NPRM. Proposal number (5) sets no minimum standards for rest, and it, 
too, is therefore not part of this NPRM.
    The Air Line Pilots Association, in addition to the alternative 
described above, offered a proposal somewhat similar to that of ATA. 
ALPA's proposal appears intended to provide more stability for pilot 
rest periods; it would not permit carriers to move the eight hour rest 
period more than three hours in any 24-hour period. Similarly, ALPA 
proposed a six-hour protected period, comparable to the five-hour 
period proposed by ATA. Our comments on ATA's proposal apply to ALPA's 
as well, i.e., we believe we have accomodated much of their objectives.
    Another proposal advanced during the ARAC discussions came from a 
labor/pilot group consisting mainly of Part 135 pilots. This proposal 
would limit any combination of reserve time and duty periods to no more 
than 18 hours or any duty assignment to no more than 14 hours. After 
being on reserve for 18 hours, a crewmember would have to receive a 10-
hour rest period before accepting another reserve assignment. This 
proposal is not included in the NPRM because it unnecessarily limits 
the air carrier's reserve scheduling flexibility and provides no 
increase in safety when compared with the options proposed in the NPRM.

                                                             Table 3.--Advance Notification                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
 No. of hours notification prior to                            8 or more hours but    6 or more hours but    4 or more hours but                        
            report time                 10 hours or more          less than 10            less than 8            less than 6         Less than 4 hours  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum scheduled duty period......  Maximum scheduled duty  No more than 12 hours.  No more than 10 hours  No more than 8 hours.  No more than 6 hours.
                                      period \1\.                                                                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum scheduled duty period could be 14, 16, 18, or 24 hours.                                                                                     

Additional Duty Period Limitations and Reduced Rest

    Current Secs. 121.471(g) and 135.263(d) state that a flight 
crewmember is not considered to be scheduled for flight time in excess 
of the flight time limitations if the flights to which he or she is 
assigned normally terminate within the limitations, but due to 
circumstances beyond the control of the certificate holder (such as 
adverse weather conditions) are not at block out time expected to reach 
their destination within the scheduled time. These requirements do not 
specify a limit to the flight time extensions under these 
circumstances.
    In theory, under the current rule language, duty periods could be 
extended for unlimited periods of time as long as the extension was due 
to operational causes beyond the control of the air carrier such as 
weather, mechanical problems, and Air Traffic Control situations. This 
could result in flight crewmembers who, after the first flight of a 
flight schedule in a duty period, would be as much as 6 hours late, but 
would still continue with the flight schedule. The NASA Scientific 
Working Group determined that extended duty periods with no limit on 
the amount of time which the duty period could be extended was one of 
the major fatigue related problems with current flight crewmember 
assignments (Recommendations 1.4, 2.1.2, and 2.3.3). Therefore, the FAA 
has proposed to place a limit on the amount of time that a duty period 
may be extended regardless of the nature of the delay.
    Proposed Secs. 121.473, 121.475, and 135.263 would allow 
certificate holders an extension of a duty period of not more than 2 
hours beyond the maximum scheduled duty period if the extension is due 
to operational delays not under the control of the certificate holder. 
The proposed requirements would also allow the reduction of the 
required rest if the flight crewmember has not exceeded the required 
duty period (without the extension), if the flight crewmember is 
provided with a longer subsequent rest period as specified, and if the 
reduction in rest is due to operational delays. Reduced rest periods 
may not be scheduled in advance.
    Proposed Secs. 121.479 (a) and (b) and 135.267 (a) and (b) would 
state that a flight crewmember is not considered to be scheduled for a 
duty period or flight time in excess of the duty period or flight time 
limitations if the duty period or flight times to which the flight 
crewmember is assigned are scheduled and normally terminate within the 
limitations, but due to operational delays are not at block out time 
expected to reach their destination within the scheduled duty period or 
flight time.
    In addition, proposed Secs. 121.479(a) and 135.267(a) state that a 
flight crewmember may not serve as a crewmember in an aircraft if, at 
block out time for the purpose of flight, that flight crewmember's 
actual elapsed duty time plus duty time scheduled for the next flight 
will cause the flight crewmember to exceed the applicable duty period 
limitations by more than two hours. However, there is no limit on 
actual flight time accrued during a duty period, if the additional 
flight time is due to operational delays, but in any event the duty 
time limit may not be extended by more than 2 hours.
    The proposal would allow a certificate holder the flexibility to 
schedule the same crew on a flight even when that flight is going to be 
late; however, it would not allow flight crewmembers to be scheduled 
indefinitely even when the circumstances which caused them to be late 
are beyond the control of the certificate holder. During a scheduled 
flight assignment, if the combination of scheduled times for the 
remaining flights would mean that the maximum scheduled duty period 
would be exceeded by more than two hours, the flight crewmember would 
have to be 

[[Page 65962]]
rescheduled so that the remaining duty period to which he or she is 
assigned will not exceed the maximum scheduled duty period by more than 
two hours. This can be done by assigning a flight crewmember to a new 
flight schedule or by reassigning the original scheduled flights so the 
flight crewmember is relieved of duty before commencing the flight 
which would extend beyond the maximum scheduled duty period plus two 
hours.

Weekly and Monthly Flight Time Limitations

    Proposed Secs. 121.481 and 135.269 would provide limits on the 
amount of actual flight time which a flight crewmember can accrue in a 
calendar month and in any 7 consecutive calendar days. These proposed 
rules would replace current Secs. 121.471(a), 121.481 (d), (e), and 
(f), 121.503 (d) and (e), 135.265(a) and 135.267(a). Although NASA 
states that there is insufficient scientific information to provide 
guidance in this area, these limits are proposed to counter any harmful 
effects of any possible cumulative fatigue.
    In addition to the scheduled flight time limits which are 
integrated into the scheduled duty periods, weekly and monthly flight 
time limits are proposed as follows:
     Proposed Secs. 121.481(a) and 135.269(a) would limit a 
flight crewmember to 32 flight hours in any 7 consecutive calendar 
days.
     Proposed Secs. 121.481(b) and 135.269(b) would limit a 
flight crewmember to 100 flight hours in any calendar month.
    In practice, this means that, before beginning to fly on any 
particular day, a flight crewmember's actual accrued flight time for 
the previous six days must be added to the flight time scheduled to be 
flown that day. If the result is fewer than 32 hours, the flight 
crewmember may begin and complete the day's scheduled flying even if 
delays (which are beyond the carrier's control) encountered during the 
day eventually cause the total time to exceed 32 hours. The same 
principle applies for the calendar month flight time limitation.
    Current regulations place varying limits on the amount of time that 
a flight crewmember can serve. The variance is based on the type of 
operation. Flight crewmembers given flight assignments under part 121 
for domestic operations (Sec. 121.471(a)) are limited to 30 flight 
hours in any 7 consecutive days. The 7 consecutive day limit for flag 
operations is 32 flight hours (Sec. 121.481(d)) and there is no 7 
consecutive day limit for supplemental operations. Under 
Sec. 135.265(a) in scheduled operations the amount of flight time which 
may be accrued in any 7 consecutive days is 34 hours and there is no 7 
consecutive day limit for unscheduled operations. Sections 121.471(a) 
and 121.481(e) restrict flight crewmembers serving in domestic or flag 
operations conducted under part 121 to 100 hours in any calendar month 
and Sec. 121.503(d) restricts flight crewmembers serving in 
supplemental operations to 100 flight hours in any 30 consecutive days. 
Section 121.521(c) allows certain flight crewmembers to accrue 120 
hours in any 30 consecutive days. Section 135.265 allows flight 
crewmembers serving in part 135 scheduled operations to accumulate 120 
flight hours in any calendar month.
    In addition, Sec. 121.471(a) restricts flight crewmembers engaged 
in domestic operations conducted under part 121 to 1000 hours in any 
calendar year. Section 135.265 allows flight crewmembers serving in 
part 135 scheduled operations to serve as crewmembers during flight for 
1200 hours in any calendar year, while Sec. 135.267 allows 1,400 flight 
hours in a calendar year for unscheduled operations. Sections 121.503, 
121.521, 135.267, and 135.269 also provide other calendar quarter and 
90 consecutive day limitations.
    The proposed rule would establish a common 32 hour limitation in 
any 7 consecutive days, a 100 hour limitation in any calendar month, 
and would eliminate quarterly, 90 consecutive day and calendar year 
limitations.
    The proposed rule does not provide a yearly flight time limitation 
because the monthly limit would effectively restrict flight time to 
1200 hours in a calendar year. Although the NASA document recommends 
the annual flight time limitations be decreased a percentage of the 
monthly requirement, it also states that there is not enough scientific 
data to provide specific guidance in this area. The FAA believes that 
this proposal contains sufficient additional rest provisions (i.e. 36 
hours in 7 days, 10 hour rest periods, and 48 hours for crossing 
multiple time zones). Because of the increase in rest requirements, the 
FAA believes that safety would not be adversely affected because of a 
lack of a yearly flight time limit which is less than the sum of all 
the monthly flight time limits. At the same time the lack of annual 
flight time limits will provide flexibility and the opportunity for 
increased productivity. In view of the fact that there is no scientific 
data to suggest a discrete yearly limit and the fact that the 
requirement for rest has been increased, the FAA believes the proposed 
rule will provide the appropriate level of safety.
    The FAA believes that there is no longer justification for the 
different weekly, monthly, and annual flight time limitations for 
different types of operations and that proposing a single limitation 
standard provides adequate safeguard against the effects of cumulative 
fatigue, eliminates rules that do not have an adequate scientific 
rationale, and also simplifies the overall limitations. The FAA asks 
for comments from the public about the maximum number of hours a flight 
crewmember should be allowed to fly under this chapter. Further, the 
FAA asks for comments regarding the impact of this rule on seasonal 
flying.

Additional Rest Requirements

    The proposed rule would continue some of the rest requirements 
which are contained in the existing regulations. Proposed 
Secs. 121.483(a) and 135.271(a) would state that no certificate holder 
may assign any flight crewmember and no flight crewmember may accept 
any duty period or flight time with the certificate holder unless the 
flight crewmember has had at least the minimum rest period required. 
Proposed Secs. 121.483(b) and 135.271(b) would state that no duty could 
be assigned during any required rest period. This proposed requirement 
would preclude any carrier from assigning any type of duty, including 
nonflight assignments (such as training, assigned time, reserve time, 
standby duty, or ground duties), to any flightcrew member during a 
required rest period. These proposed requirements are the same as those 
in current Sec. 121.471(c)(4) and (e) and Sec. 135.263(a) and (b).
    Proposed Secs. 121.483(c) and 135.271(c) would be a new requirement 
to clarify that rest periods required under the subpart can occur 
concurrently with any other required rest period. For instance a 
required 10-hour rest could occur concurrently with the 36-hour rest 
required under proposed Secs. 121.483(e) and 135.271(e). Further, under 
the proposal, if a flight crewmember is not serving in assigned time, 
reserve time, standby duty or a duty period, that crewmember would be 
in a rest period.
    Proposed Secs. 121.483(d) and 135.271(d) would be a new requirement 
stating that a rest period required in Secs. 121.473, 121.475, or 
135.263 may be reduced only because of operational delays. The 
reductions may not be scheduled in advance.
    Current Secs. 121.471 and 135.265 require each domestic air carrier 
operating under part 121 and each 

[[Page 65963]]
certificate holder in scheduled operations under part 135 to relieve 
each flight crewmember engaged in scheduled air transportation from all 
further duty for at least 24 consecutive hours during any 7 consecutive 
days. Proposed Secs. 121.483(e) and 135.271(e) would require that each 
flight crewmember who is assigned to one or more duty periods, standby 
duty, or reserve time shall be provided a rest period of at least 36 
consecutive hours during any 7 consecutive calendar days. The proposed 
36-hour rest could be taken during a layover. Thirty-six hours of rest 
is the amount of time recommended by the NASA Scientific Working Group 
(2.1.3); further the FAA believes that flight crewmembers should be 
provided at least 36 consecutive hours rest during any 7 consecutive 
calendar days any time they are assigned to reserve regardless of the 
nature of the reserve. This allows flight crewmembers the time to plan 
for and obtain a thorough rest so that they are not fatigued if they 
receive a duty period assignment.
    The Air Transport Association proposed, during the ARAC 
discussions, that this provision be applied over a period of 168 
consecutive hours rather than 7 consecutive calendar days. We believe 
that it would be more difficult for crewmembers and carriers to 
maintain records in this fashion. However, commenters are invited to 
address this issue more fully in their comments. If adequate 
justification is shown for using 168 hours rather than 7 calendar days, 
the final rule may incorporate that proposal. Commenters should note 
that any change in this provision would likely require corresponding 
changes in the flight time limitations proposed in Secs. 121.481 and 
135.269.
    Proposed Secs. 121.483(f) and 135.271(f) would require certificate 
holders to provide each flight crewmember assigned to assigned time, as 
defined in proposed Secs. 121.471 and 135.261, a minimum rest period of 
10 hours before the commencement of a subsequent duty period. This rest 
period may occur concurrently with another required rest period. This 
proposed rest requirement is needed to address situations in which a 
flight crewmember is assigned to one of a group of activities that are 
neither rest nor part of an assignment involving flight time, but which 
could contribute to crewmember fatigue (e.g. training, deadhead 
transportation, etc.). The intent of this proposed rule is for flight 
crewmembers to have the opportunity to obtain sufficient rest in order 
to be able to perform assigned flight duties, regardless of whether the 
fatigue was caused by flight duties or by other activities for the 
certificate holder. However, certificate holders have the option of 
counting assigned time as part of a duty period and scheduling the 
appropriate rest period for that duty period or of counting assigned 
time exclusively as assigned time and ensuring that the flight 
crewmember is given 10 hours of rest before commencing a duty period. 
The 10 hours is consistent with the other required rest periods.
    For example, a flight crewmember could be deadheaded to a new 
location at the beginning of a duty period and then begin a schedule 
flight assignment. In this case the deadhead transportation would be 
counted as part of the duty period. Alternatively, after completing a 
duty period, a flight crewmember could be deadheaded back to his or her 
home base before beginning the required rest period. In this case the 
deadhead transportation could be considered assigned time. Performing 
assigned time after the completion of a duty period would be permitted 
as long as the flight crewmember received the minimum rest required for 
that duty period or 10 hours, whichever is greater, before the next 
duty period.
    Proposed Secs. 121.483(g) and 135.271(g) would establish a 
requirement for a certificate holder to provide each flight crewmember 
at least 48 consecutive hours of rest upon return to the flight 
crewmember's home base after completion of one or more duty periods 
that terminate in a time zone or zones that differs from the time zone 
of the flight crewmember's home base by 6 or more hours and the flight 
crewmember remains in that time zone or zones for at least 48 
consecutive hours. The accumulation of the 48 hours may be in one or 
more time zones but each of these time zones must be 6 or more hours 
from the flight crewmember's home base. The flight crewmember must 
receive this rest before beginning a subsequent duty period. The home 
base is determined by the certificate holder and is where that 
crewmember is based and receives schedules. The present rules make no 
provisions for rest periods based on time zones. The NASA Scientific 
Working Group data and subjective comments from crewmembers indicate 
there is a need to recognize the additional fatigue effects of crossing 
time zones (2.1.4). The literature indicates that some flight 
crewmembers experience, at times, additional fatigue from crossing as 
few as two time zones; while others do not report the same fatigue 
until they have crossed many more time zones. The FAA recognizes the 
complicated problem of addressing each individual flight crewmembers 
circadian rhythm; nevertheless by establishing a minimum rest 
requirement at the home base for flight crewmembers who cross 6 or more 
time zones the FAA believes these flight crewmembers will be given an 
opportunity to once again establish what is for that flight crewmember 
the normal sleep awake cycle. The proposed rest requirement is a 
minimum requirement and is provided to give the flight crewmember an 
opportunity for rest. The flight crewmember should use this time to 
obtain the needed rest so that he or she will be rested when called 
upon for the next duty period. The FAA will issue advisory material 
based on scientific studies to assist air carriers and flight 
crewmembers in dealing with fatigue related issues.

Deadhead Transportation

    Current Secs. 121.471(f) and 135.263(c) specify that time spent in 
transportation, not local in character, that a certificate holder 
requires of a flight crewmember and provides to transport the 
crewmember to an airport to which he or she is to serve on a flight as 
a crewmember, or from an airport at which the flight crewmember was 
relieved from duty to return to his or her home base is not considered 
part of a rest period. This type of transportation is commonly called 
``deadhead'' transportation. Proposed Secs. 121.485 and 135.273 would 
be the same as the current requirement except that in addition it would 
specify that for duty period limitation purposes the certificate holder 
and flight crewmember must consider deadhead time as assigned time or 
as part of a duty period associated with flight.

Other Flying for a Certificate Holder

    Proposed Secs. 121.487 and 135.275 establish duty period and flight 
time limitations for other flying for a certificate holder, including 
flying under part 91. Flight crewmembers and certificate holders must 
ensure that any duty periods and flight assignments assigned by the 
certificate holder are scheduled, assigned, and performed under the 
applicable requirements of parts 121 and 135 (14 CFR 121.473, 121.477, 
121.479,121.481, 121.483, and 14 CFR 135.263, 135.265, 135.267, 
135.269, and 135.271) even if the flight is not conducted under part 
121 or 135. In addition, any flight crewmember who is employed by two 
or more air carriers or commercial operators must ensure that any duty 
periods and flight assignments are scheduled, assigned and performed 
under the applicable rules of parts 121 and 135. In other 

[[Page 65964]]
words, when certificate holders assign flight crewmembers to conduct 
ferry flights, or other flights under part 91, this flight assignment 
is treated just as any other duty period involving flight.
    This proposal is based on NTSB recommendation A-94-105, which was 
issued as a result of the Guantanamo Bay accident, discussed above 
under ``NTSB Recommendations'' and the FAA's belief that other flying 
for a certificate holder such as training flights for a 121 or 135 
certificate holder may cause both short term and cumulative fatigue 
which may adversely effect that flight crewmember's flight duties 
performed under parts 121 and/or 135. This would include flying for 
more than one part 121 and/or 135 certificate holder.

Proposed Effective Date for Final Rule

    The FAA is proposing an effective date of 60 days after these 
proposals are published as a final rule. By that date all certificate 
holders operating under part 121 or part 135 would have to begin 
scheduling all flight time duty periods and rest periods in accordance 
with the new requirements. However, as mentioned above under ``Commuter 
Rulemaking,'' the FAA intends to coordinate the effective date of this 
rulemaking with the compliance date of the commuter rulemaking, so that 
certificate holders conducting commuter operations will have to change 
their procedures for scheduling flight time, duty periods, and rest 
periods only once.
    The FAA requests comments on the length of time needed between the 
issuance of the final rule and its effective date.

Regulatory Impact Analysis Summary

    Proposed 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 
interpretation that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic effect of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effect of regulatory changes on international trade. In conducting 
these analyses, the FAA has determined that this Notice of Proposed 
Rulemaking (NPRM) would probably generate benefits and cost savings 
that are greater than its costs and is ``a significant regulatory 
action'' as defined in the Executive Order. The FAA also estimates that 
the NPRM would have a significant economic impact on a substantial 
number of small entities. No part of the proposed rule is expected to 
constitute a barrier to international trade. These analyses, available 
in the docket, are summarized below.
    This proposal would amend existing regulations to establish one set 
of duty period limitations, flight time limitations, and rest 
requirements for flight crewmembers engaged in air transportation. 
Currently, these limitations and requirements differ across the various 
sectors of the industry (e.g., part 121, part 135). In addition, the 
FAA is required to consider alternatives to the proposed rule when the 
following circumstances are met:

--The regulatory action is designated as a ``significant regulatory 
action'' (as defined by Executive Order 12866), and
--The regulatory action is designated as having a significant impact on 
a substantial number of small businesses, nonprofit groups, or airports 
operated by small governmental jurisdictions.

    The FAA has determined that the potential economic impacts of the 
proposed rule are sufficiently large that both of these criteria are 
satisfied. Accordingly, two alternatives will be discussed in the 
section entitled ``Analysis of Alternatives'' below.

Cost-Benefit Analysis

Proposal

    As mentioned above, the main thrust of the proposal is to amend 
existing regulations to establish one set of duty period limitations, 
flight time limitations, and rest requirements for flight crewmembers 
engaged in air transportation. The proposal would establish a basic 
scheduling limitation for 2 pilot crews of 14 hours of scheduled duty 
and 10 hours of scheduled rest. The maximum length of duty periods 
permitted would increase as the number of pilots increases. The 
proposal would also revise limits on the amount of flight time which a 
flight crewmember can accrue in a duty period, in any 7 consecutive 
calendar days, and in a calendar month. The maximum duty period limits 
would be decreased in most cases for part 121 and part 135 operators, 
and the required length of rest periods would be increased. These 
changes are expected to impose unquantifiable costs on unscheduled part 
135 operators.
    Although the maximum length of duty periods would generally 
decrease under the proposal, the maximum allowable flight times for 
pilots operating 2-pilot aircraft (no flight engineer) would increase 
from 8 to 10 hours. This provision should create the potential for 
substantial cost savings for both part 121 and 135 operators.
    The FAA determined that 2 provisions of the proposed rule could 
impose substantial quantifiable costs. Another provision could impose 
substantial costs on the commuter operators, but could not be 
quantified. The potential economic impacts on the air taxi operators of 
these provisions could not be quantified at this time. The most costly 
provision applies to the scheduling and duty assignments of reserve 
pilots. A reserve pilot must be available to report upon notice for a 
duty period with one hour or longer of notice. The proposal would 
require that the maximum length of a duty period be reduced in those 
cases when less than 10 hours of notice for a duty period assignment is 
received. The proposal would also provide another option under which a 
flight crewmember could be given a regularly scheduled minimum 6 hour 
protected time within each 24 hours of reserve time.
    The other provision which would impose substantial quantifiable 
costs would require that ``ferry'' flight time used to reposition 
aircraft be counted the same as time accrued in part 121/135 revenue 
operations for the purpose of determining compliance with FAA 
limitations on duty periods and flight time limitations. Another 
provision that would increase the minimum required rest periods between 
flight duty periods might impose substantial costs on the commuter 
operators, but they cannot be quantified without additional data. The 
provisions pertaining to reserve pilot scheduling might also impose 
substantial costs on air taxi operators, but these costs could not be 
quantified.

Cost Analysis

    As described in more detail in the Regulatory Impact Analysis, the 
FAA has relied heavily on surveys of a limited number of operators to 
develop its analysis. The FAA is interested in comments on the 
representativeness of the data used for extrapolation to the entire 
affected population. Where commenters believe these survey data do not 
reflect the circumstances/responses for operators generally, the FAA 
welcomes any and all relevant data supporting such claims.
    The FAA also seeks comments on its methodology, assumptions, and/or 
data used to estimate the following:
    (1) The efficiency gains from the increase in allowable flight time 
from 8 to 10 hours. 

[[Page 65965]]

    (2) The likely operator response to the reserve pilot requirements 
(i.e., the likelihood of operators choosing between canceling flights 
and adding pilots),
    (3) The cost to operators and passengers of flight cancellations 
and of adding pilots, and
    (4) The potential safety benefits from reduced fatigue.
Part 121  Air Carriers
    The FAA estimated the economic impact of each provision of this 
proposed rule. Some of the provisions by themselves were estimated to 
entail substantial compliance costs, whereas others have the potential 
for affording substantial cost savings to operators.
    The proposed rule is estimated to impose discounted costs of 
$842.03 million on part 121 operators over the next 15 years, but these 
costs are expected to be offset by the cost savings. The total 
potential discounted cost savings from increased productivity were 
estimated at $1.72 billion over this period. The net discounted 
compliance cost savings of the proposed rule would therefore amount to 
$877.90 million over this period. The cost savings would result if 
operators take advantage of opportunities afforded by the proposal to 
more efficiently schedule their existing workforce, which could enable 
them to reduce their plans for hiring new pilots by 3,348 pilots over 
the next 15 years.
Costs
    The FAA determined that the primary cost of implementing the 
reserve pilot scheduling and duty time regulations would consist of the 
cost of reassigning some scheduled airline pilots or hiring new pilots 
to assure adequate coverage of flights that would otherwise have to be 
canceled or delayed. Other provisions of the proposal, however, may 
allow operators to use on-line pilots more intensively; therefore, the 
need for additional reserve pilots is likely to be satisfied by 
reassigning on-line pilots that would become available because of 
enhanced productivity. In addition, a relatively small number of 
flights might be canceled.
    These cost estimates were based on the least cost combination of 
reserve pilot scheduling options for each operator based on the nature 
of its flight operations, such as the amount of advance notification 
provided reserve pilots and duty period durations. The FAA estimates 
that the part 121 scheduled operators would have to hire an additional 
500 pilots, representing a 1% increase in their current pilot staffing 
level, thereby increasing their recurring annual salary costs by $41.29 
million. In addition, the FAA estimated that the flight cancellations 
resulting from decreased flexibility in scheduling reserve pilots would 
impose societal costs (the value of delayed passenger time) amounting 
to $8.12 million per year. The total potential cost of the reserve 
pilot regulation was therefore estimated at $49.40 million annually 
after the first year the proposed rule were in effect for part 121 
scheduled carriers. In the first year, this annual cost would be 
increased by $9.26 million to $58.66 million to capture initial 
training costs.
    The FAA determined that the reserve pilot regulation would also 
impose substantial costs on part 121 unscheduled or ``supplemental'' 
air carriers. The economic impact on these air carriers is expected to 
be greater than for the scheduled part 121 carriers because of the less 
predictable nature of their operations, which doesn't allow them to 
give as much advance notification of flight assignments to their 
reserve pilots. The FAA estimated that approximately 330 additional 
pilots, representing about 4% of their present pilot staffing level, 
would need to be hired by these air carriers at a recurring annual cost 
of $24.02 million.
    The FAA determined that the proposed restriction on ``ferry'' 
flights would have very little, if any, impact on scheduled part 121 
operators. These proposed restrictions, however, could have a 
substantial economic impact on part 121 unscheduled operators, which 
are more likely than the scheduled operators to conduct these 
operations because of the greater distance between crew bases and 
destination points of their revenue flights. The FAA estimated that 
these operators would have to hire an additional 235 pilots (3% 
increase in current pilot staff) to avoid major disruptions in their 
flight schedules, entailing recurring annual costs amounting to $17.04 
million.
    The total recurring annual potential compliance costs (reserve 
pilot and ``ferry flight'' restrictions) for unscheduled or 
supplemental operators were therefore estimated at $41.06 million. The 
first year initial training costs for these unscheduled air carriers 
were estimated to add $10.10 million to annual costs in the first year.
    In summary, the total first year annual compliance costs for all 
part 121 air carriers of the reserve pilot regulation and restriction 
on ferry flights were estimated at $110.28 million. Societal costs 
resulting from canceled flights were estimated to comprise $8.12 
million of this total. These costs were estimated based on the time 
that passengers on canceled flight would be delayed, which the analysis 
assumes would be two hours. Total discounted costs were estimated at 
$842.46 million over the period from 1996-2010.
Cost Savings
    The FAA expects that these costs would be more than offset by cost 
savings afforded the scheduled part 121 operators by the opportunity to 
more effectively utilize their flight crewmembers. The potential cost 
savings for the unscheduled part 121 air carriers, however, are not 
expected to be of a sufficient magnitude to outweigh the proportionally 
higher potential costs that were estimated for this sector of the 
industry. Under the proposal, both scheduled and unscheduled air 
carriers could increase the maximum permitted flight times within 
individual duty periods from 8 to 10 hours for 2-pilot crews.
    The potential productivity gains from this provision should enable 
scheduled part 121 air carriers to maintain their current schedules 
with fewer pilots and transfer some pilots from active or nonreserve to 
reserve status. The decrease in the anticipated need for pilots among 
the scheduled air carriers is expected to substantially outweigh any 
potential increased need for pilots among the unscheduled air carriers. 
In other words, the overall need for pilots in future years should 
decrease because the positive economic effects resulting from increased 
productivity are expected to outweigh the negative economic impacts of 
the need for more reserve pilots.
    Data collected by the FAA indicate that domestic air carriers do 
not fly their crewmembers close to the maximum permitted current limit 
of 100 hours per month. The average monthly flying time for the 
scheduled air carriers is 60 hours. The part 121 unscheduled operators 
tended to fly their crewmembers from 40-60 hours per month. In fact, 
most unionized air carriers are prevented by labor contracts from 
flying their crewmembers more than 75-80 hours per month.
    If this proposed rule is adopted as an amendment, most air carriers 
would likely attempt to take advantage of the opportunity to utilize 
their crewmembers more effectively. The increase from 8 to 10 hours in 
the maximum permitted flight hours 2-pilot crews could fly within 
individual duty periods should provide an incentive for air carriers to 
increase the daily flight hours and hence monthly flight hours of their 
crews and decrease the amount of duty time which is not flight time. 
The FAA determined that air carriers would 

[[Page 65966]]
most likely be able to increase utilization of their pilots by 4% on 
average (which would amount to an additional 2 flight hours per month 
per pilot in most cases).
    Air carriers would realize these productivity gains only to the 
extent that their pilot salary costs would not increase. Such an 
assumption appears warranted for the following reasons. The FAA 
estimated that about 10% of the pilot salary cost of the major air 
carriers is for nonproductive time (i.e., time within a duty period 
that is not devoted to actually flying the airplane). Air carriers 
frequently pay pilots for this nonproductive time at a reduced hourly 
rate, as established by formulas in their contracts. The proposal would 
allow them to significantly reduce this nonproductive time by 
permitting an increase in maximum flight hours from 8 to 10 hours 
within a shorter duty period.
    Many unionized part 121 air carriers would probably have to 
renegotiate their contracts in order to reduce the amount of 
nonproductive time for which they are currently paying. Renegotiation 
would not be required, however, in order to add about 2 hours on 
average to monthly pilot flying hours because actual flying hours are 
currently considerably lower than the maximum range of 75-80 hours 
under most contracts. In addition, the nonunionized air carriers would 
in theory have a greater potential for increasing flight hours flown by 
their crewmembers because their maximum limits on flight hours tend to 
be closer to the current regulatory maximums of 1,000 hours per year. 
Under the proposal, the maximum monthly flight time of 100 hours per 
month would effectively allow 1,200 hours of flight time per year, 
thereby affording them the potential of a 20% increase in productivity 
(nonunionized air carriers account for 16% of the operations flown by 
all part 121 air carriers). This analysis, however, only assumes a 4% 
increase in productivity.
    The FAA estimated that a 4% overall productivity enhancement would 
afford part 121 carriers overall total cost savings amounting to $3.07 
billion (present value, $1.72 billion) over the next 15 years. These 
estimates are based on an expected decrease of 3,348 new pilots hired 
over this period and an average loaded salary of $82,572 for part 121 
scheduled and $72,600 for part 121 supplemental. In addition, initial 
training costs of $18,516 for part 121 scheduled pilot and $17,908 for 
part 121 supplemental pilot were used in this analysis as in the cost 
analysis.
    This estimate should be regarded as an lower bound for potential 
cost savings arising from the increase in pilot productivity. 
Productivity cost savings above 4% are theoretically possible; however, 
due to any salary increases that unions may negotiate, the air carriers 
may not be able to achieve all of these savings. In any event, air 
carriers would have a greater opportunity to limit pay for 
nonproductive time under the proposal, as noted above, which currently 
amounts to a significant part of their total salary costs. The FAA does 
not have sufficient information to assess the interplay of these 
factors in determining pilot salaries and requests comments from the 
public on this issue.
    Longer proposed flying hours would also allow air carriers to 
reduce the number of 3-pilot crews in favor of 2-pilot crews. The FAA 
estimates an additional savings of 200 pilots, with annual net cost 
savings which could amount to $20.40 million in the first year and 
$16.54 million in subsequent years. These potential cost savings were 
estimated at $119.62 million (discounted) over a 15-year period. 
Consequently, total cost savings of the proposed rule for part 121 air 
carriers is expected to amount to $3.32 billion (present value, $1.87 
billion) over the next 15 years.
Part 135  Scheduled Air Carriers
    The proposed rule is estimated to impose discounted quantifiable 
costs of $56.75 million on part 135 carriers over the next 15 years, 
but these costs could be offset by cost savings. The total potential 
cost savings of the proposed rule are expected to amount to $94.04 
million over the next 15 years. The net cost savings, which would 
result from an expected net reduction of 353 new pilots hired over the 
next 15 years, could therefore amount to $50.68 million over this 
period. This conclusion is contingent on the assumption that these 
operators would be able to modify their flight schedules so as to avoid 
expenses associated with longer minimum rest periods without 
significantly affecting revenues.
Costs
    The FAA estimated that the reserve pilot provisions of the proposal 
would result in the hiring of 152 additional pilots in order to avoid 
having to cancel flights because of inadequate reserve pilot resources. 
The increased annual cost for the industry was estimated at $6.12 
million. In addition, these operators are expected to incur incremental 
initial training costs amounting to $1.06 million in the first year the 
proposed rule is in effect, increasing annual compliance costs to $7.18 
million in that year. These costs would amount to a discounted $56.75 
million over a 15-year period.
Cost Savings
    Part 135 scheduled airlines would reap potential cost savings 
amounting to $145.04 million (present value, $84.76 million) over the 
next 15 years. Although these operators currently tend to utilize their 
pilots more intensively than the part 121 operators (i.e., 74-89 
hours), they still utilize them well under the proposed regulatory 
maximum of 100 hours a month. The potential for a 4% increase in 
productivity would still remain. The fact that a considerably smaller 
portion of the part 135 pilot workforce is unionized would remove that 
possible constraint to increased productivity.
    These potential cost savings are based on a projection that these 
operators would need 353 fewer pilots at an average annual loaded 
salary of $40,280 that was used in the analysis of costs. In addition, 
initial training costs of $6,948 per pilot would be saved.

Benefits

    The FAA has promulgated flight time limitation rules that contain 
rest requirements for certain operations and weekly and monthly limits 
on the number of hours of flight time in an effort to protect flight 
crewmembers from work-related fatigue. The issue did not receive much 
publicity until May 1994, when the NTSB cited pilot fatigue as a 
probable cause in an accident when the captain lost control of a DC-8 
freighter while approaching the U.S. Naval Station Airbase at 
Guantanomo Bay, Cuba in August 18, 1993. Prior to that time, this 
factor had never been cited by the NTSB as a probable cause in an 
accident involving part 135 or 121 operations.
    In its investigation, the NTSB noted that the flight crew had been 
on duty about 18 hours and had flown about 9 hours at the time of the 
accident. Under the proposed rule, this flight would have been illegal 
because the maximum length of a duty period for a 3-person flight crew 
on an airplane lacking appropriate sleeping quarters is 16 hours. In 
addition, the company had intended to further extend this flight by 
having the crew ferry the airplane back to Atlanta after the plane had 
landed at Guantanamo Bay, which would have resulted in a total duty 
time of 24 hours. The NTSB report specifically noted that the flight 
crewmembers had experienced a disruption of circadian rhythms and sleep 
loss, which resulted in fatigue that had adversely affected 

[[Page 65967]]
performance during the critical landing phase.
    The National Aeronautic and Space Administration (NASA) Ames 
Research Center has been studying this issue since 1980 and has 
published a number of studies on it. These studies have established a 
relationship between long duty periods and fatigue and between fatigue 
and a deterioration in performance.
    It is very difficult to quantify the potential safety benefits of 
this proposed rule because of the scarcity of accidents that have been 
attributable to pilot fatigue. The NTSB has not focused on this issue 
until quite recently in its accident investigations. The FAA believes 
that the investigation of the effects of fatigue on pilot performance 
should not be limited to a review of relevant accidents. A better 
understanding of this issue can be gained from examining incident 
reports submitted by pilots to the National Aeronautical and Space 
Administration's Aviation Safety Reporting System (ASRS). Since January 
1, 1986, ASRS has received 21 reports of unsafe incidents resulting 
from fatigue by pilots engaged in part 121 operations and 200 reports 
from pilots conducting part 135 operations. Although these incidents 
did not actually result in accidents, they were of a sufficiently 
serious nature that pilots filed a report with NASA with the hope of 
gaining the attention of the regulatory authorities.
    NASA has sponsored some research into the issue of the relationship 
between fatigue and performance decrements based on information 
contained in these incident reports. The researchers found that about 
21% of the reports citing air transport flight crew errors were related 
to the general issue of fatigue. The researchers selected a control or 
comparison group of incident reports citing these problem areas but 
where fatigue was not an apparent factor. Most of the incidents in both 
data sets involved altitude or clearance operational deviations (e.g., 
taking off or landing without clearance). The deviations within the 
fatigue set tended to occur more frequently during the more critical 
descent, approach, and landing flight phases. This finding was expected 
because fatigue is most likely to set in towards the end of a flight or 
work day. Another key finding was that duty period length and workload 
level were most frequently cited as being responsible for the fatigue.
    The FAA has quantified the economic value of all major accidents 
involving the part 121 air carriers and part 135 air carriers over the 
1985-1994 period that were attributable to pilot error. For the part 
121 analysis, the FAA examined the seating capacity, average passenger 
load, and the average replacement cost of a representative sample of 
both narrow body and wide body aircraft. The FAA examined the same 
factors in estimating the cost of a part 135 accident.
    For the part 121 analysis, the FAA assumes that an average airplane 
costs $14.75 million in 1994 dollars and carries 107 people (101 
passengers, 3 flight crewmembers, and 3 flight attendants). In order to 
provide the public and government officials with a benchmark comparison 
of the expected safety benefits of rulemaking actions over an extended 
period of time with estimated costs in dollars, the FAA currently uses 
a value of $2.7 million to statistically represent a human fatality 
avoided. The values for serious and minor injuries are $518,000 and 
$38,000, respectively. For the part 135 analysis, the FAA used the same 
assumptions regarding the value of a human life and injuries. The 
amount of airplane damage and severity of injuries was based on a 
review of NTSB reports of all accidents involving 10-30 seat aircraft 
over the period from 1985-1994.
    Based on these assumptions, the FAA estimated that the economic 
value of the 71 serious accidents involving pilot error used in part 
121 scheduled operations that were involved in serious accidents over 
the 1985-1994 period at $1.896 billion. Projecting this total from 1996 
to 2010 yields a discounted $1.151 billion. The comparable total for 
the 8 serious accidents involving pilot error used in part 121 
supplemental operations that were involved in serious accidents over 
this time period was $273.9 million. Projecting this total from 1996 to 
2010 yields a discounted $166.3 million. The corresponding total for 
the 71 aircraft involving pilot error used in part 135 operations with 
10 to 30 seats that were involved in serious accidents over that period 
was $602.32 million. Projecting this total from 1996 to 2010 yields a 
discounted $365.73 million.
    The NASA research study summarized above revealed that 21% of pilot 
error incidents were related to fatigue. Applying this proportion to 
the total discounted value of the pilot error accidents, using the 
assumptions noted above, one could conclude that fatigue resulted in 
accidents valued at $398.24 million (present value, $241.81 million) 
for part 121 scheduled operations, $57.52 million (present value, 
$34.92 million) for part 121 supplemental operations, and $126.49 
million (present value, $76.80 million) for part 135 operations over a 
15-year period. These estimates could be used to provide some idea of 
the potential safety benefits of this proposed rule, assuming it is 
100% effective in preventing these types of accidents.

Cost Savings and Benefits

    Initial annual quantifiable compliance costs for part 121 
scheduled, part 121 supplemental, and scheduled part 135 air carriers 
were estimated at $58.66 million, $41.16 million and $7.18 million, 
respectively. Subsequent annual quantifiable compliance costs were 
estimated at $49.40 million, $41.06 million and $6.12 million, 
respectively. Over the period from 1996 to 2010, costs would amount to 
$750.33 million (present value, $458.63 million), $625.99 million 
($383.40 million) and $92.89 million (present value, $56.75 million), 
respectively.
    For part 121 scheduled operators, these compliance costs should be 
more than offset by cost savings that are projected to result from 
productivity enhancements for the scheduled part 121 carriers. The same 
conclusion may apply to the part 135 operators as well in view of the 
potential magnitude of the unquantifiable costs. But cost savings 
expected to accrue to the part 121 supplemental carriers are not 
expected be sufficient to offset potential costs for this sector of the 
industry.
    The estimates for the scheduled part 135 air carriers do not 
include the potential costs of the proposed general limitations on 
flight duty and rest periods, which are expected to be fairly 
significant, although not quantifiable at the present time. On the 
other hand, these estimates do not take account of potential cost 
savings as air carriers gain more experience in implementing the 
various combinations of the available options, which should in theory 
result in the selection of the most cost effective option. The extent 
to which these potential impacts would offset each other cannot be 
determined on the basis of the available data.
    These estimates also do not include the potential costs of the 
proposed rule for air taxi operators, which could not be quantified. 
The FAA expects that the costs of the reserve pilot restrictions would 
probably not be substantial for this sector of the industry because the 
majority of the operators should be able to adopt the second reserve 
pilot scheduling option without major operational disruptions. The FAA 
does not have sufficient information to estimate the potential 
compliance costs for this sector of the industry if the ``other 
commercial flying'' restrictions in the proposal are adopted. The 
potential for cost savings would appear 

[[Page 65968]]
to be more limited for these operators because of the point-to-point 
and geographically restricted nature of their operations, which would 
tend to limit the length of flight assignments.
    The FAA has quantified the economic value of all major accidents 
involving the part 121 fleet and part 135 fleet over the 1985-1994 
period that were attributable to pilot error. Based on this value and 
the proportion of incidents with similar causal factors where pilots 
were affected by fatigue, the FAA estimated that if proposed rule were 
100% effective at eliminating fatigue as a factor in accidents, it 
could prevent accidents involving part 121 scheduled operations valued 
at $242 million and part 121 supplemental operations at $35 million 
over a 15-year period. The same methodology yielded an estimate of $77 
million for the potential effectiveness of the proposal in preventing 
part 135 accidents. It is important to note that it is unlikely that 
this proposal would be 100% effective, in part because it addresses 
duty and rest times, but does not require pilots to rest. The FAA is 
unable to develop an estimate of effectiveness of this proposal in 
reducing fatigue-related incidents, but welcomes data and methodologies 
that may assist such an effort.
    The table below compares the costs, potential benefits, and cost 
savings sections. The FAA therefore concludes that the proposed rule 
would be cost beneficial for the part 121 scheduled operators, sector 
of the air transportation industry, would probably be cost beneficial 
for the entire part 121 sector of the air transportation industry, and 
could be cost beneficial for the scheduled part 135 operators as well, 
provided the unquantifiable compliance costs for the commuters do not 
exceed about $127.5 million (discounted) over a 15-year period.
    The FAA does not have sufficient information at this time to 
evaluate the cost effectiveness of this proposal for air taxi 
operators. A more definitive overall conclusion would not be 
appropriate in view of the lack of data pertaining to how the affected 
air carriers would modify their operations in order to comply with the 
proposed rule and also to take advantage of the opportunities to 
increase pilot productivity. The FAA has decided to issue this proposed 
rule with the expectation that additional data that can clarify these 
issues will be forthcoming.

                                                       Fifteen Year Discounted Costs/Cost Savings                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Part 121           Part 121                              Part 135                                   
                                                   scheduled         supplemental      Total part 121       scheduled                 Air taxi          
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliance costs.............................       $458,627,143       $383,403,020       $842,030,163        $56,750,685  Unknown.                     
    Reserve requirements.....................        458,627,143        224,331,554        682,958,697         56,750,685  Unknown.                     
    Other requirements.......................                  0        159,071,466        159,071,466                  0  Unknown.                     
Potential safety benefits....................        241,806,628         34,922,912        276,729,539         76,802,495  Unknown.                     
Net costs of reserve and other requirements..        216,820,515        348,480,108        565,300,623       (20,051,810)  Unknown.                     
Cost savings.................................      1,658,078,896        215,723,343      1,873,802,239        107,431,330  Unknown.                     
Increased flight times.......................      1,504,206,226        215,723,343      1,719,929,569        107,431,330  Unknown.                     
Other cost savings...........................        153,872,670                  0        153,872,670                  0  Unknown.                     
Net combined cost savings of proposal........      1,441,258,380      (132,756,765)      1,308,501,615        127,483,140  Unknown.                     
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This rulemaking should be considered complimentary to the Commuter 
Rule and the Air Carrier Training Program final rule. One of the goals 
of these three rulemaking actions is to prevent the 67 accidents that 
represent the accident-rate gap between part 135 commuter operators and 
part 121 operators. The FAA estimates that over the next 15 years, 
closing this gap would prevent 67 accidents at a present value benefit 
of $350 million.
    In terms of the accident rate gap, the benefits of this NPRM are a 
part of this total benefit. However, it is not possible to allocate 
that benefit among the three rulemaking actions because it difficult to 
determine which rulemaking action would prevent a given accident. For 
example, individual accidents may be prevented by any one or a 
combination of several factors such as:
     Preventing the occurrence of a problem with an airplane in 
the first place (Commuter rule);
     Providing more or better crew training to properly respond 
to the problem after it occurs (Air Carrier Training Program rule);
     Providing a dispatcher to help identify a problem before 
it becomes a potential accident (Commuter rule);
     And ensuring pilots are not over-worked and tired (Pilot 
Rest and Duty NPRM).
    The Commuter Rule only addresses a portion of the necessary 
requirements to close the accident-rate gap. If the $51 million present 
value in net cost savings of this rule ($107 million in cost savings 
minus $56 million in costs) is combined with the cost of the Commuter 
Rule, $75 million, and the cost of Pilot Training, $34 million, the 
total cost, $58 million (-$51+$75+$34), is still less than the 
estimated $350 million benefit of eliminating the accident-rate gap. 
These rules combined need only be 17 percent effective to be cost-
beneficial. The $77 million in potential safety benefits of this 
proposed rule is a subset of the aforementioned $350 million.

Analysis of Alternatives

    As explained above, the FAA is required to consider alternatives to 
the proposed rule; the two alternatives will be discussed in this 
section. As indicated earlier in this preamble, if this proposal on 
reserve time assignments is not issued as a final rule, the FAA intends 
to ensure that the current rule, as interpreted, is being correctly 
implemented. The FAA has estimated that doing so could cost part 121 
operators in excess of $2.5 billion and part 135 operators in excess of 
$450 million discounted over the next 10 years. At the same time, the 
resulting potential safety benefits would be no more than those 
estimated for this proposal.

Alternative Number One

    This alternative would be to maintain the status quo. This option 
would not impose any costs on operators because it would not require 
that they change their pilot scheduling practices. It could impose 
costs on society, however, by increasing the risk of a preventable 
fatigue-related accident. The accumulation of a substantial body of 
scientific evidence documenting the harmful effects of fatigue on pilot 
performance have increased the need to amend these rules. In addition, 
given the scientific data available and the NTSB recommendations 
resulting from an accident at Guantanamo Bay in August 1993, this 
option is not feasible.

Alternative Number Two

    This alternative was the original proposal considered by the FAA. 
After surveying industry, the FAA determined 

[[Page 65969]]
that such a proposal would impose substantial costs, and that these 
costs would outweigh any potential benefits. Consequently, the current 
proposal was established, which uses some of the elements of this 
original proposal.
    This alternative would afford operators three options for 
scheduling their reserve pilots but does not address the fatigue 
problem for pilots who are not on reserve status. The three options for 
scheduling reserve pilots are as follows:

    Option 1: The certificate holder provides a minimum of 10 hours 
of advance notice of reporting time for flight duty.
    Option 2: The certificate holder provides 8 hours of rest each 
24 hour period of reserve duty. The 8 hours of rest must be assigned 
prospectively and remain constant for the duration of the reserve 
assignment.
    Option 3: For each 24 hour period of reserve duty the flight 
crewmember is limited to 18 hours of eligibility for flight duty, 
with the remaining 6 hours being set aside for rest.

    The potential annual compliance costs for the part 121 scheduled 
carriers were estimated at $225 million on an annual basis based on the 
assumption they would have to increase their pilot staffing by 4%. The 
second most heavily affected sector of the industry was the air taxi 
operators, who indicated they would have to increase their pilot 
staffing by 74%, resulting in potential annual compliance costs of $175 
million. The FAA estimated that commuter operators would increase their 
pilot staffing by 5% in order to avoid disrupting their flight 
schedules, resulting in potential annual compliance costs of $24 
million. Finally, the annual compliance cost for the part 121 
unscheduled operators was estimated at $11.5 million.
    The total annual cost was estimated to be $436 million for the air 
carrier industry. These costs would not be offset by any cost savings 
because of the limited nature of this alternative (i.e., applies only 
to reserve pilots). In addition, this alternative would have a 
considerably lower potential for preventing accidents than the proposal 
for the same reason. The FAA therefore concluded that this alternative 
would not be cost beneficial.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) requires Federal 
agencies to review rules that may have ``a significant economic impact 
on a substantial number of small entities.''
    Under FAA Order 2100.14A, the criterion for a ``substantial 
number'' is a number that is not less than 11 and that is more than one 
third of the small entities subject to the rule. This rule would 
primarily affect part 121 and 135 operators. For operators of aircraft 
for hire, a small operator is one that owns, but not necessarily 
operates, nine or fewer aircraft. The FAA's criteria for ``significant 
impact'' are $4,600 or more per year for an unscheduled operator, 
$119,900 or more per year for a scheduled operator whose airplane fleet 
has over 60 seats, and $67,000 or more for other scheduled carriers.

A. Initial Regulatory Flexibility Determination

    The present value cost savings of the proposed rule over the 10-
year study period would be $1.20 billion for the part 121 scheduled 
carriers or $148.47 million annualized at 7%. Based on a total fleet of 
3,429 airplanes for these air carriers, the projected annualized cost 
savings of this rule would be $43,298 per airplane. Given the threshold 
annualized cost of $119,900 for a small part 121 scheduled operator, 
the FAA estimates that the proposed rule would have a significant 
economic impact on any operator owning 3 or more aircraft but less than 
10 aircraft. However, there are only 7 small operators in this 
category. Since this is less than 11, a substantial number of these 
entities would not be affected.
    The present value of the net costs of the proposed rule over the 
10-year study period would be $139.56 million for the part 121 
unscheduled carriers or $19.82 million annualized at 7%. Based on a 
total fleet of 557 airplanes for these operators, the projected annual 
cost of this rule would be $42,747 per airplane. This exceeds the cost 
threshold of $4,600 per unscheduled operator for all small operators in 
this sector of the industry.
    The present value of the cost savings of the proposed rule over the 
study period has been estimated at $50.68 million for the part 135 
scheduled carriers or $7.2 million annualized at 7%. Based on a total 
fleet of 950 airplanes for these operators, the projected annual cost 
of this rule would be $7,579 per airplane. Given the threshold 
annualized cost of $67,000 for a small commuter operator, the FAA 
estimates that an operator would need to own exactly 9 airplanes in 
order to incur a significant economic impact. As there is only one part 
135 scheduled carrier with 9 airplanes, the FAA concludes that a 
substantial number of small entities in this sector of the industry 
would not be significantly affected by the proposed rule.
    The FAA requests comments from small air taxi operators regarding 
the potential economic impacts of this proposed rule on their 
operations. Would additional pilots be required to maintain the current 
scope of their operations?

B. Initial Regulatory Flexibility Analysis

    As the proposed rule would have a significant economic impact on a 
substantial number of small part 121 unscheduled operators, an initial 
regulatory flexibility analysis has been prepared. This analysis 
assures that agencies have examined selected regulatory alternatives 
that could minimize the economic burdens of the proposed rule on small 
entities. As delineated in section 603(b) of the RFA, this initial 
regulatory flexibility analysis is required to identify: (1) the 
reasons why the agency is considering this action, (2) the objectives 
and legal basis for the proposed rule, (3) the kind and number of small 
entities to which the proposed rule would apply, (4) the projected 
reporting, record keeping, and other compliance requirements of the 
proposed rule, and (5) all Federal rules which may duplicate, overlap 
or conflict with the proposed rule. This section of the RFA further 
requires that each initial regulatory flexibility analysis contain a 
description of any significant alternatives to the proposed rule which 
accomplish the stated objectives of applicable statutes and which 
minimize any significant economic impact of the proposed rule on small 
entities.
1. Why the Agency Action is Taken
    The main reason for the NPRM is that the FAA Administrator, when 
prescribing safety regulations, is required by statute to consider 
``the duty of an air carrier to provide service with the highest 
possible safety in the public interest.'' The FAA has determined that 
the most appropriate way to meet this statutory mandate is to ensure 
that flight crewmembers are provided with the opportunity to obtain 
sufficient rest to perform their routine and emergency safety duties. 
The need for this rulemaking is supported by studies on pilot fatigue 
conducted by NASA, anecdotal evidence of the problem contained in pilot 
reports submitted to the Aviation Safety Reporting System, and the 
complexity and age of the current flight duty and rest period 
restrictions.
2. Objective of and Legal Basis for the Proposed Rule
    The objective of the proposed rule is to increase safety in 
passenger- and cargo-carrying operations, both scheduled and 
unscheduled. The proposed rule would also clarify and 

[[Page 65970]]
simplify existing regulations pertaining to duty period limitations, 
flight time limitations, and rest requirements for crewmembers. This 
objective is more thoroughly discussed in the preamble to the NPRM.
    The legal basis for the proposed rule is 49 U.S.C. 106(g), 1153, 
40101, 40102, etc.
3. Description of the Small Entities Affected by the Proposed Rule
    The proposal would affect part 121 air carriers conducting both 
scheduled and unscheduled operations. The FAA estimates that the 
proposal would affect only one scheduled part 121 operator, which owns 
9 aircraft. The remaining operators in this category each own 5 or 
fewer aircraft, less than the number required for a substantial 
economic impact potential. The FAA estimates that the proposal would 
have a substantial economic impact on all 23 small part 121 unscheduled 
operators, which operate a total of 99 aircraft.
4. Compliance Requirements of the Proposed Rule
    The proposed duty period limitations, flight time limitations, and 
rest requirements would apply to all crewmembers conducting part 121 
domestic, flag, and supplemental operations, as well as those engaged 
in commuter and on-demand operations. These limitations and 
requirements would also apply to part 121 and 135 certificate holders 
conducting part 91 operations. The preamble to the NPRM provides a more 
thorough discussion of the compliance requirements of the proposed 
rule.
5. Overlap of the Proposed Rule With Other Federal Regulations
    No other Federal rules would duplicate, overlap, or conflict with 
the proposed rule.
6. Alternatives to the Proposed Rule
    Alternative Number One did not have any potential compliance costs. 
Alternative Number Two would have been more costly and would have had a 
significant impact on a substantial number of entities for the three 
industry areas where costs could be estimated. Alternative Number Two 
would have projected annual costs of $65,325 per aircraft for part 121 
scheduled operators. Therefore, any operator with 2 or more aircraft 
would be significantly affected by this alternative rule. Since these 
operators would comprise more than one-third of the total number of 
small operators in this category, the FAA concludes that a substantial 
number of small entities would be affected. In addition, Alternative 
Number Two was substantially more costly for part 121 unscheduled 
operators than the proposed rule, which would have affected all 
operators in this sector of the industry. The impacts of this 
Alternative on these operators would be considerably greater than the 
proposed rule.
    Alternative Number Two would have projected annual costs of $20,443 
per aircraft for part 135 scheduled operators.
    Therefore, any operator with 4 or more aircraft would be 
significantly affected by this alternative rule. Since these operators 
comprise at least one-third of the total number of small entities in 
this sector of the industry, the FAA concludes that a substantial 
number of small operators would be affected. This Alternative, which 
would be considerably more costly for on-demand air taxis than 
scheduled part 135 operators, would have a significant economic impact 
on a substantial number of small operators in this sector of the 
industry as well.
    In addition, the FAA considered an alternative proposal for part 
121 supplemental carriers that was proposed at an ARAC (Aviation 
Regulatory Advisory Committee) meeting. Under this proposal, part 121 
supplementals could develop alternative policies and procedures or 
flight schedules that allow a flight crewmember to anticipate when a 
flight time assignment might occur or that otherwise ensures a flight 
crewmember will not be assigned to a flight unless that flight 
crewmember is adequately rested for that flight assignment. However, 
the FAA rejected this option because it does not provide one level of 
safety for the industry. These different policies or procedures would 
be ripe for abuse by both certificate holders and pilots and they would 
be very difficult for the FAA to enforce. In short the FAA believes 
this alternative would not provide the same level of safety as the 
proposal. The FAA does, however request comments on other possible 
alternatives.

Initial Trade Impact Analysis

    The FAA believes that in specific foreign countries, including 
Great Britain, Germany, and some other European countries, pilot, 
flight, and duty regulations are more restrictive because they make use 
of more variables as constraints than in the United States. These 
variables include 1) take-offs and landings, 2) day or night flights, 
3) cumulative duty hours per week and month, 4) the number of flights 
in a duty period, 5) whether the flight crew is ``acclimated'' to the 
local time. The net impact of the proposal on the U.S. firms' operating 
costs is likely to be considerably less than the compliance costs with 
current rules because of the projected gains in productivity. Foreign 
air carriers may already be burdened with similar or higher costs to 
the extent the applicable regulations are as strict or more strict than 
the proposal. The FAA solicits information from commenters regarding 
these policies.
    Any impacts should be limited to the part 121 air carriers. Most of 
the nation's 65 commuter airlines operate almost exclusively on 
domestic routes, with only limited international operations and no 
transoceanic routes. Similarly, air taxi operators seldom fly outside 
of domestic airspace.

Federalism Implications

    The proposed regulations do not have substantial direct effects on 
the states, on the relationship between national government and the 
states, or on the distribution of power and responsibilities among 
various levels of government. Thus, in accordance with Executive Order 
12612, it is determined that such a regulation does not have federalism 
implications warranting the preparation of a Federalism Assessment.

Paperwork Reduction Act

    The reporting and recordkeeping requirements associated with this 
proposed rule remain the same as under the current rules and have 
previously been approved by the Office of Management and Budget under 
the provisions of the Paperwork Reduction Act of 1980 (Public Law 96-
511) and have been assigned OMB Control Numbers 2120-0585. The FAA 
believes that this proposed rule would not impose any additional 
recordkeeping or reporting requirements. If, however, a commenter finds 
that this notice would require additional recordkeeping or reporting, 
the FAA solicits specific information on the volume, type, and costs of 
the additional records or reports.

Conclusion

    For the reasons set forth under the heading ``Regulatory 
Analysis,'' the FAA has determined that this proposed regulation is a 
significant rule under Executive Order 12866, and is a significant rule 
under Department of Transportation Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). Also, for the reasons stated under 
the headings ``Trade Impact Statement'' and ``Regulatory Flexibility 
Determination,'' the FAA certifies that the proposed rule would have a 
significant economic impact on a 

[[Page 65971]]
substantial number of small entities. A copy of the full regulatory 
evaluation is filed in the docket and may also be obtained by 
contacting the person listed FOR FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 121

    Air carriers, Aircraft, Aircraft pilots, Airmen, Airplanes, 
Aviation Safety, Safety.

14 CFR Part 135

    Air carriers, Aircraft, Airmen, Aviation Safety, Pilots, Safety.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend the Federal Aviation Regulations (14 
CFR parts 121 and 135) as follows:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105. 46103, 46105.

    2. Section 121.1 is amended by adding a new paragraph (g) to read 
as follows


Sec. 121.1  Applicability.

* * * * *
    (g) As specified in Sec. 121.487, the duty period limitations, 
flight time limitations and rest requirements of this part are also 
applicable to duty periods and flight time performed for a certificate 
holder conducting operations under part 91 or part 135 of this chapter.

Subpart R--[Removed and reserved]

    3. Subpart R (Secs. 121.480 through 121.493) is removed, and the 
subpart heading is reserved.
    4. Subpart Q is revised to read as follows:
Subpart Q--Flight Crewmember Duty Period Limitations, Flight Time 
Limitations and Rest Requirements
Sec.
121.471  Applicability and terms.
121.473  Pilot duty period limitations, flight time limitations, and 
rest requirements.
121.475  Flight engineer duty period limitations, flight time 
limitations, and rest requirements.
121.477  Reserve and standby assignments.
121.479  Additional flight crewmember duty period and flight time 
scheduling limitations.
121.481  Weekly and monthly flight crewmember flight time 
limitations.
121.483  Additional flight crewmember rest requirements.
121.485  Deadhead transportation.
121.487  Duty period and flight time limitations: Other flying for a 
certificate holder.

Subpart Q--Flight Crewmember Duty Period Limitations, Flight Time 
Limitations and Rest Requirements


Sec. 121.471  Applicability and terms.

    (a) This subpart prescribes duty period limitations, flight time 
limitations and rest requirements for flight crewmembers in domestic, 
flag, and supplemental operations.
    (b) For the purpose of this subpart the following terms and 
definitions apply:
    (1) Approved sleeping quarters means an area designated for the 
purpose of flight crewmembers obtaining sleep as approved by the 
Administrator.
    (2) Assigned time means a period of time when the flight crewmember 
is assigned by the certificate holder to activities other than flight 
duties or reserve time. Assigned time may include activities such as 
deadhead transportation, training, loading baggage, taking tickets, 
administrative tasks, or any other assignments at the direction of the 
certificate holder. Assigned time may be considered part of a duty 
period or not part of a duty period, at the discretion of the 
certificate holder.
    (3) Calendar day means a period of elapsed time, using Coordinated 
Universal Time or local time, that begins at midnight and ends 24 hours 
later at the next midnight.
    (4) Duty period means a period of elapsed time between reporting 
for an assignment involving flight time and release from that 
assignment by the certificate holder. The time is calculated using 
either Coordinated Universal Time or the local time of the flight 
crewmember's home base, to reflect the total elapsed time.
    (5) Operational delays means delays due to operational conditions 
and requirements that are beyond the control of the certificate holder 
such as adverse weather, aircraft equipment malfunctions, and air 
traffic control. It does not include late arriving passengers, late 
food service, late fuel trucks, delays in handling baggage, freight or 
mail, or similar events.
    (6) Protected time means a period of time during which a 
certificate holder may not contact the flight crewmember and the 
crewmember has no responsibility for work. Protected time occurs only 
during a reserve assignment pursuant to Sec. 121.477(b)(2).
    (7) Reserve time means a period of time when a flight crewmember 
must be available to report upon notice for duty involving flight time 
and the certificate holder allows the flight crewmember at least 1 hour 
to report. Reserve time is not considered part of a rest period and is 
not considered part of a duty period involving flight time. Reserve 
time ends when the flight crewmember reports for a duty period, when 
the flight crewmember is notified of a future flight assignment and 
released from all further responsibilities until report time for that 
assignment, or when the flight crewmember has been relieved for a rest 
period. Reserve time does not include activities defined as ``assigned 
time.''
    (8) Rest period means a period of time free of all restraint or 
duty for a certificate holder and free of all responsibility for work 
or duty should the occasion arise. A flight crewmember is not ``free of 
all restraint'' or ``free of all responsibility'' if that person must, 
among other things, accept phone calls, carry a beeper, or contact the 
air carrier. If a flight crewmember is not serving in assigned time, 
reserve time, standby duty or a duty period, that crewmember would be 
in a rest period.
    (9) Standby duty means any period of time when a flight crewmember 
is required to report for a flight assignment in less than 1 hour from 
the time of notification. It also includes time when a flight 
crewmember is required to report to and remain at a specific facility 
(e.g. airport, crew lounge) designated by a certificate holder. Standby 
duty is considered part of a duty period. Standby duty commences when 
the flight crewmember is placed on standby duty. Standby duty ends when 
the flight crewmember is relieved from duty associated with an actual 
flight or is otherwise relieved from duty.


Sec. 121.473  Pilot duty period limitations, flight time limitations, 
and rest requirements.

    (a) A certificate holder may assign a scheduled duty period or 
reserve assignment to a pilot and a pilot may accept that assignment 
only when the applicable duty period limitations, flight time 
limitations, and rest requirements of this section are met.
    (b) Except as required in paragraphs (c), (d), and (e) of this 
section, no certificate holder may assign a flight crew consisting of 
two pilots, and no pilot may accept, a scheduled duty period of more 
than 14 hours. The duty period may not include more than 10 scheduled 
hours of flight time. Each pilot must be scheduled for a subsequent 
rest period of at least 10 consecutive hours. This rest period 

[[Page 65972]]
must occur between the completion of the scheduled duty period and the 
commencement of the next duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (b) may be reduced to no fewer than 9 consecutive hours if 
the pilot has not actually exceeded the maximum 14-hour duty period and 
if the pilot's next rest period is at least 11 hours. This subsequent 
rest period must be scheduled to begin no later than 24 hours after the 
beginning of the reduced rest period and must occur between the 
completion of the scheduled duty period and the commencement of the 
next duty period.
    (2) The duty period required under this paragraph (b) may be 
extended to 16 hours when the extension is due to operational delays. 
In this case the 10 hour rest period may not be reduced.
    (c) A certificate holder may assign a flight crew consisting of 3 
pilots, and a pilot may accept, a scheduled duty period of up to 16 
hours. The duty period may not include more than 12 scheduled hours of 
flight time. Each pilot must be scheduled for a subsequent rest period 
of at least 14 consecutive hours. This rest period must occur between 
the completion of the scheduled duty period and the commencement of the 
next duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (c) may be reduced to no fewer than 12 consecutive hours if 
the pilot has not actually exceeded the maximum 16-hour duty period and 
if the pilot's next rest period is at least 16 hours. This subsequent 
rest period must be scheduled to begin no later than 24 hours after the 
beginning of the reduced rest period and must occur between the 
completion of the scheduled duty period and the commencement of the 
next duty period.
    (2) The duty period required under this paragraph (c) may be 
extended to 18 hours when the extension is due to operational delays. 
In this case the 14 hour rest period may not be reduced.
    (d) A certificate holder may assign a flight crew consisting of 3 
pilots, and a pilot may accept, a scheduled duty period of more than 16 
hours, but no more than 18 hours. The duty period may not include more 
than 16 scheduled hours of flight time. Each pilot must be given an 
opportunity to rest in-flight in approved sleeping quarters. Each pilot 
must be scheduled for a subsequent rest period of at least 18 
consecutive hours. This rest period must occur between the completion 
of the scheduled duty period and the commencement of the next 
subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (d) may be reduced to no fewer than 16 consecutive hours if 
the pilot has not actually exceeded the maximum 18-hour duty period and 
if the pilot's next rest period is at least 20 hours. This subsequent 
rest period must be scheduled to begin no later than 24 hours after the 
beginning of the reduced rest period and must occur between the 
completion of the scheduled duty period and the commencement of the 
next subsequent duty period.
    (2) The duty period required under this paragraph (d) may be 
extended to 20 hours when the extension is due to operational delays. 
In this case the 18 hour rest period may not be reduced.
    (e) If the scheduled duty period includes one or more flights that 
land or take off outside the 48 contiguous states and the District of 
Columbia, a certificate holder may assign a flight crew consisting of 4 
pilots, and a pilot may accept, a scheduled duty period of more than 18 
hours but not more than 24 hours. The duty period may not include more 
than 18 scheduled hours of flight time. Each pilot must be given an 
opportunity to rest in-flight in approved sleeping quarters. Each pilot 
must be scheduled for a subsequent rest period of at least 22 
consecutive hours. This rest period must occur between the completion 
of the scheduled duty period and the commencement of the next 
subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (e) may be reduced to no fewer than 20 consecutive hours if 
the pilot has not actually exceeded the maximum 24 hour duty period and 
if the pilot's next rest period is at least 24 hours. This subsequent 
rest period must be scheduled to begin no later than 24 hours after the 
beginning of the reduced rest period and must occur between the 
completion of the scheduled duty period and the commencement of the 
next subsequent duty period.
    (2) The duty period required under this paragraph (e) may be 
extended to 26 hours when the extension is due to operational delays. 
In this case the 22 hour rest period may not be reduced.


Sec. 121.475  Flight engineer duty period limitations, flight time 
limitations, and rest requirements.

    (a) A certificate holder may assign a scheduled duty period or 
reserve assignment to a flight engineer, and a flight engineer may 
accept, a scheduled duty period only when the applicable duty period 
limitations, flight time limitations, and rest requirements of this 
section are met.
    (b) Except as provided in paragraphs (c), (d), and (e) of this 
section, no certificate holder may assign a flight engineer, and no 
flight engineer may accept, a scheduled duty period of more than 14 
hours. The duty period may not include more than 10 scheduled hours of 
flight time. Each flight engineer must be scheduled for a subsequent 
rest period of at least 10 consecutive hours. This rest period must 
occur between the completion of the scheduled duty period and the 
commencement of the next subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (b) may be reduced to no fewer than 9 consecutive hours if 
the flight engineer has not actually exceeded the maximum 14-hour duty 
period and if the flight engineer is provided with a subsequent rest 
period of at least 11 hours. This subsequent rest period must be 
scheduled to begin no later than 24 hours after the beginning of the 
reduced rest period and must occur between the completion of the 
scheduled duty period and the commencement of the next subsequent duty 
period.
    (2) The duty period required under this paragraph (b) may be 
extended to 16 hours when the extension is due to operational delays. 
In this case the 10 hour rest period may not be reduced.
    (c) A certificate holder may assign a flight engineer, and a flight 
engineer may accept, a scheduled duty period of more than 14 hours, but 
no more than 16 hours. The duty period may not include more than 12 
scheduled hours of flight time. Each flight engineer must be scheduled 
for a subsequent rest period of at least 14 consecutive hours. This 
rest period must occur between the completion of the scheduled duty 
period and the commencement of the next subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (c) may be reduced to no fewer than 12 consecutive hours if 
the flight engineer has not actually exceeded the maximum 16-hour duty 
period and if the flight engineer is provided with a subsequent rest 
period of at least 16 hours. This subsequent rest period must be 
scheduled to begin no later than 24 hours after the beginning of the 
reduced rest period and must occur between the completion of the 
scheduled duty period and the commencement of the next subsequent duty 
period.
    (2) The duty period required under this paragraph (c) may be 
extended to 18 hours when the extension is due to operational delays. 
In this case the 14 hour rest period may not be reduced.
    (d) A certificate holder may assign a flight engineer, and a flight 
engineer 

[[Page 65973]]
may accept, a scheduled duty period of more than 16 hours, but no more 
than 18 hours. The duty period may not include more than 16 scheduled 
hours of flight time. The certificate holder must assign to the flight 
or flights in that duty period at least two flight engineers. Each 
flight engineer must be given an opportunity to rest in flight in 
approved sleeping quarters. Each flight engineer must be scheduled for 
a subsequent rest period of at least 18 consecutive hours. This rest 
period must occur between the completion of the scheduled duty period 
and the commencement of the next subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (d) may be reduced to no fewer than 16 consecutive hours if 
the flight engineer has not actually exceeded the maximum 18-hour duty 
period and if the flight engineer is provided with a subsequent rest 
period of at least 20 hours. This subsequent rest period must be 
scheduled to begin no later than 24 hours after the beginning of the 
reduced rest period and must occur between the completion of the 
scheduled duty period and the commencement of the next subsequent duty 
period.
    (2) The duty period required under this paragraph (d) may be 
extended to 20 hours when the extension is due to operational delays. 
In this case the 18 hour rest period may not be reduced.
    (e) If the scheduled duty period includes one or more flights that 
land or take off outside the 48 contiguous states and the District of 
Columbia, the certificate holder may assign a flight engineer, and a 
flight engineer may accept, a scheduled duty period of more than 18 
hours but not more than 24 hours. The duty period may not include more 
than 18 scheduled hours of flight time. The certificate holder must 
assign to the flight or flights in that duty period at least two flight 
engineers. Each flight engineer must be given an opportunity to rest 
in-flight in approved sleeping quarters. Each flight engineer must be 
scheduled for a subsequent rest period of at least 22 consecutive 
hours. This rest period must occur between the completion of the 
scheduled duty period and the commencement of the next subsequent duty 
period.
    (1) Due to operational delays, the rest period required under this 
paragraph (e) may be reduced to no fewer than 20 consecutive hours if 
the flight engineer has not actually exceeded the maximum 24-hour duty 
period and if the flight engineer is provided with a subsequent rest 
period of at least 24 hours. This subsequent rest period must be 
scheduled to begin no later than 24 hours after the beginning of the 
reduced rest period and must occur between the completion of the 
scheduled duty period and the commencement of the next subsequent duty 
period.
    (2) The duty period required under this paragraph (e) may be 
extended to 26 hours when the extension is due to operational delays. 
In this case the 22 hour rest period may not be reduced.


Sec. 121.477  Reserve and standby assignments.

    (a) Standby duty. Standby duty commences when a flight crewmember 
is placed on standby duty. Standby duty periods must be scheduled in 
accordance with Secs. 121.473 or 121.475. Standby duty periods end when 
the duty period associated with a subsequent flight assignment ends or 
the flight crewmember is relieved from standby duty for a scheduled 
rest period.
    (b) Reserve time. A certificate holder may assign a reserve 
assignment to a flight crewmember and a flight crewmember may accept 
that assignment only when the applicable provisions of this section are 
met. Each flight crewmember must be given a 10-hour rest period before 
being assigned to reserve time. Reserve time may be assigned under 
either of the following options and the flight crewmember must be 
notified of which option has been selected before the beginning of the 
reserve time assignment:
    (1) A certificate holder may schedule a flight crewmember assigned 
to reserve time and a flight crewmember may accept any duty period if 
the flight crewmember receives at least 10 hours notice and if the duty 
period is scheduled in accordance with Secs. 121.473 or 121.475. If a 
flight crewmember does not receive at least 10 hours notice, the 
following limitations apply:
    (i) If at least 8 hours notice is given, the scheduled duty period 
is limited to no more than 12 hours. The duty period required under 
this paragraph (b)(1) may be extended to 14 hours when the extension is 
due to operational delays.
    (ii) If at least 6 hours notice is given, the scheduled duty period 
is limited to no more than 10 hours. The duty period required under 
this paragraph (b)(1) may be extended to 12 hours when the extension is 
due to operational delays.
    (iii) If at least 4 hours notice is given, the scheduled duty 
period is limited to no more than 8 hours. The duty period required 
under this paragraph (b)(1) may be extended to 10 hours when the 
extension is due to operational delays.
    (iv) If fewer than 4 hours notice is given, the scheduled duty 
period is limited to no more than 6 hours. The duty period required 
under this paragraph (b)(1) may be extended to 8 hours when the 
extension is due to operational delays. 
    (2) A certificate holder may assign a flight crewmember to a 
reserve assignment, and a flight crewmember may accept a duty period, 
if, for each 24-hour period, the flight crewmember receives at least a 
regularly scheduled 6-hour period that is protected from any contact by 
the certificate holder. The hours of the 6-hour protected time period 
must be assigned before the flight crewmember begins the reserve time 
assignment and must occur at the same time during each 24-hour period 
during a reserve time assignment. Any duty period assignment must be 
scheduled to be completed within the 18 hour reserve period. The length 
of the duty period and the subsequent rest period must be in accordance 
with Secs. 121.473 or 121.475.


Sec. 121.479  Additional flight crewmember duty period and flight time 
scheduling limitations.

    (a) A flight crewmember is not considered to be scheduled for a 
duty period in excess of the scheduled duty period limitations if the 
duty periods to which he or she is assigned are scheduled and normally 
terminate within the limitations, but, due to operational delays, the 
flights to which he or she is assigned are not at block out time 
expected to reach their destination within the scheduled duty period. 
However, no air carrier may assign a flight crewmember, nor may a 
flight crewmember accept, a flight that at block out time would extend 
the flight crewmembers scheduled duty period maximum more than two 
hours, as provided in Secs. 121.473 and 121.475.
    (b) A flight crewmember is not considered to be scheduled for 
flight time in excess of the flight time limitations if the flights to 
which he or she is assigned are scheduled and normally terminate within 
the limitations, but due to operational delays are not at block out 
time expected to reach their destination within the scheduled time.


Sec. 121.481  Weekly and monthly flight crewmember flight time 
limitations.

    No certificate holder may schedule any flight crewmember, and no 
flight crewmember may accept, an assignment for flight time under this 
part if that flight crewmember's total flight time for a certificate 
holder under parts 91, 121, and 135 of this chapter will exceed--
    (a) 32 hours in any 7 consecutive calendar days.
    (b) 100 hours in any calendar month. 
    
[[Page 65974]]



Sec. 121.483  Additional flight crewmember rest requirements.

    (a) No certificate holder may assign any flight crewmember, and no 
flight crewmember may accept, any duty period or flight time with the 
certificate holder unless the flight crewmember has had at least the 
minimum rest required under this subpart.
    (b) No certificate holder may assign any flight crewmember and no 
flight crewmember may accept any duty with the certificate holder 
during any required rest period. For example the flight crewmember may 
not be required to contact the certificate holder, answer the 
telephone, carry a beeper, remain at a specific location or in any 
other way be responsible to the air carrier during a rest period.
    (c) Rest periods that are required under this subpart can occur 
concurrently with any other rest period.
    (d) The reduced rest periods allowed under Secs. 121.473 and 
121.475 may only be used due to operational delays and may not be 
scheduled in advance.
    (e) Each certificate holder shall 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.
    (f) Each certificate holder must provide each flight crewmember 
assigned to assigned time, when the assigned time is not part of a duty 
period, a rest period of at least 10 hours before the commencement of a 
subsequent duty period.
    (g) Each certificate holder must provide each flight crewmember at 
least 48 consecutive hours of rest upon return to the flight 
crewmember's home base after completion of one or more duty periods 
that contain flights that terminate in a time zone or zones that 
differs from the time zone of the flight crewmember's home base by 6 or 
more hours and the flight crewmember remains in that time zone or zones 
for at least 48 consecutive hours. The flight crewmember must receive 
this rest before beginning a subsequent duty period. The home base is 
determined by the certificate holder and is where that crewmember is 
based and receives schedules.


Sec. 121.485  Deadhead transportation.

    Time spent in transportation, not local in character, that a 
certificate holder requires of a flight crewmember and provides to 
transport the crewmember to an airport at which he or she is to serve 
on a flight as a crewmember, or from an airport at which he or she was 
relieved from duty to return to his or her home station is not 
considered part of a rest period. For duty period limitation purposes 
the certificate holder and flight crewmember must consider deadhead 
time as assigned time or as part of a duty period associated with 
flight.


Sec. 121.487  Duty period and flight time limitations: Other flying for 
a certificate holder.

    No flight crewmember who is employed by a certificate holder 
conducting operations under this part may do any other duty or flying 
for any certificate holder conducting operations under part 121 or 135 
of this chapter if that duty or flying for a certificate holder plus 
his or her duty or flying under this part will exceed any duty period 
or flight time limitation in this part. This section applies to any 
other duty or flying under part 91, part 121 or part 135 of this 
chapter for any certificate holder whether the duty or flying precedes 
or follows the flight crewmember's flying under this part.

Subpart S--[Removed and reserved]

    5. Subpart S (Secs. 121.500 through 121.525) is removed, and the 
subpart heading is reserved.

PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS

    6. The authority citation for part 135 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

    7. Section 135.1 is amended by adding a new paragraph (b) to read 
as follows


Sec. 135.1  Applicability.

* * * * *
    (b) As specified in Sec. 135.275, the duty period limitations, 
flight time limitations and rest requirements of this part are also 
applicable to duty periods and flight time performed for a certificate 
holder conducting operations under part 91 or part 121 of this chapter.
    8. The heading for subpart F is revised to read as follows:

Subpart F--Flight Crewmember Duty Period Limitations, Flight Time 
Limitations, and Rest Requirements

    9. Sections 135.261, 135.263, 135.265, 135.267, 135.269, and 
135.273 are revised and 135.275 is added.


Sec. 135.261  Applicability and terms.

    (a) This subpart prescribes duty period limitations, flight time 
limitations and rest requirements for flight crewmembers in commuter 
and on-demand operations.
    (b) For the purpose of this subpart the following terms and 
definitions apply:
    (1) Approved sleeping quarters means an area designated for the 
purpose of flight crewmembers obtaining sleep as approved by the 
Administrator.
    (2) Assigned time is time when the flight crewmember is assigned by 
the certificate holder to activities other than flight duties or 
reserve time. Assigned time may include activities such as deadhead 
transportation, training, loading baggage, taking tickets, 
administrative tasks, or any other assignments at the direction of the 
certificate holder. Assigned time may be considered part of a duty 
period or not part of a duty period, at the discretion of the 
certificate holder.
    (3) Calendar day means the period of elapsed time, using 
Coordinated Universal Time or local time, that begins at midnight and 
ends 24 hours later at the next midnight.
    (4) Duty period means the period of elapsed time between reporting 
for an assignment involving flight time and release from that 
assignment by the certificate holder. The time is calculated using 
either Coordinated Universal Time or the local time of the flight 
crewmember's home base, to reflect the total elapsed time.
    (5) Operational delays means delays due to operational conditions 
and requirements that are beyond the control of the certificate holder 
such as adverse weather, aircraft equipment malfunctions, and air 
traffic control. It does not include late arriving passengers, late 
food service, late fuel trucks, delays in handling baggage, freight or 
mail, or similar events.
    (6) Protected time means a period of time during which a 
certificate holder may not contact the flight crewmember and the 
crewmember has no responsibility for work. Protected time occurs only 
during a reserve assignment pursuant to Sec. 121.477(b)(2).
    (7) Reserve time means a period of time when a flight crewmember 
must be available to report upon notice for duty involving flight time 
and the certificate holder allows the flight crewmember at least 1 hour 
to report. Reserve time is not considered part of a rest period and is 
not considered part of a duty period involving flight time. Reserve 
time ends when the flight crewmember reports for a duty period, when 
the flight crewmember is notified of a future flight assignment and 
released from all further responsibilities until report time for that 
assignment, or when the flight crewmember has been relieved for a rest 

[[Page 65975]]
period. Reserve time does not include activities defined as ``assigned 
time.''
    (8) Rest period means the time period free of all restraint or duty 
for a certificate holder and free of all responsibility for work or 
duty should the occasion arise. ``Free of all restraint'' and ``free of 
all responsibility'' would include, but not be limited to, accepting 
phone calls, being required to carry a beeper, or being required to 
contact the air carrier. If a flight crewmember is not serving in 
assigned time, reserve time, standby duty or a duty period, that 
crewmember would be in a rest period.
    (9) Standby duty means any period of time when a flight crewmember 
is required to report for a flight assignment in less than 1 hour from 
the time of notification. It also includes time when a flight 
crewmember is required to report to and remain at a specific facility 
(e.g. airport, crew lounge) designated by a certificate holder. Standby 
duty is treated like any other duty associated with flight. Standby 
duty commences when the flight crewmember is placed on standby duty. 
Standby duty ends when the flight crewmember is relieved from duty 
associated with an actual flight or is otherwise relieved from duty.


Sec. 135.263  Pilot duty period limitations, flight time limitations, 
and rest requirements.

    (a) A certificate holder may assign a scheduled duty period or 
reserve assignment to a pilot and a pilot may accept that assignment 
only when the applicable duty period limitations, flight time 
limitations, and rest requirements of this section are met.
    (b) For aircraft for which only one pilot is required, no 
certificate holder may assign a pilot and no pilot may accept a 
scheduled duty period of more than 14 hours. The duty period may not 
include more than 8 scheduled hours of flight time. The pilot must be 
scheduled for a rest period of at least 10 consecutive hours. This rest 
period must occur between the completion of the scheduled duty period 
and the commencement of the next subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (b) may be reduced to no fewer than 9 consecutive hours if 
the pilot has not actually exceeded the maximum 14-hour duty period and 
if the pilot is provided with a subsequent rest period of at least 11 
hours. This subsequent rest period must be scheduled to begin no later 
than 24 hours after the beginning of the reduced rest period and must 
occur between the completion of the scheduled duty period and the 
commencement of the next duty period.
    (2) The duty period required under this paragraph (b) may be 
extended to 16 hours when the extension is due to operational delays. 
In this case the 10 hour rest period may not be reduced.
    (c) Except as required in paragraphs (d), (e), and (f) of this 
section, no certificate holder may assign a flight crew consisting of 
two pilots and no pilot may accept a scheduled duty period of more than 
14 hours. The duty period may not include more than 10 scheduled hours 
of flight time. Each pilot must be scheduled for a rest period of at 
least 10 consecutive hours. This rest period must occur between the 
completion of the scheduled duty period and the commencement of the 
next duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (c) may be reduced to no fewer than 9 consecutive hours if 
the pilot has not actually exceeded the maximum 14-hour duty period and 
if the pilot is provided with a subsequent rest period of at least 11 
hours. This subsequent rest period must be scheduled to begin no later 
than 24 hours after the beginning of the reduced rest period and must 
occur between the completion of the scheduled duty period and the 
commencement of the next duty period.
    (2) The duty period required under this paragraph (c) may be 
extended to 16 hours when the extension is due to operational delays. 
In this case the 10 hour rest period may not be reduced.
    (d) A certificate holder may assign a flight crew consisting of 3 
pilots and a pilot may accept a scheduled duty period of more than 14 
hours, but no more than 16 hours. The duty period may not include more 
than 12 scheduled hours of flight time. Each pilot must be scheduled 
for a rest period of at least 14 consecutive hours. This rest period 
must occur between the completion of the scheduled duty period and the 
commencement of the next duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (d) may be reduced to no fewer than 12 consecutive hours if 
the pilot has not actually exceeded the maximum 16-hour duty period and 
if the pilot is provided with a subsequent rest period of at least 16 
hours. This subsequent rest period must be scheduled to begin no later 
than 24 hours after the beginning of the reduced rest period and must 
occur between the completion of the scheduled duty period and the 
commencement of the next duty period.
    (2) The duty period required under this paragraph (d) may be 
extended to 18 hours when the extension is due to operational delays. 
In this case the 14 hour rest period may not be reduced.
    (e) A certificate holder may assign a flight crew consisting of 3 
pilots, and a pilot may accept a scheduled duty period of more than 16 
hours, but no more than 18 hours. The duty period may not include more 
than 16 scheduled hours of flight time. Each pilot must be given an 
opportunity to rest in-flight in approved sleeping quarters. Each pilot 
must be scheduled for a rest period of at least 18 consecutive hours. 
This rest period must occur between the completion of the scheduled 
duty period and the commencement of the next subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (e) may be reduced to no fewer than 16 consecutive hours if 
the pilot has not actually exceeded the maximum 18-hour duty period and 
if the pilot is provided with a subsequent rest period of at least 20 
hours. This subsequent rest period must be scheduled to begin no later 
than 24 hours after the beginning of the reduced rest period and must 
occur between the completion of the scheduled duty period and the 
commencement of the next subsequent duty period.
    (2) The duty period required under this paragraph (e) may be 
extended to 20 hours when the extension is due to operational delays. 
In this case the 18 hour rest period may not be reduced.
    (f) If the scheduled duty period includes one or more flights that 
land or take off outside the 48 contiguous states and the District of 
Columbia, a certificate holder may assign a flight crew consisting of 4 
pilots and a pilot may accept a scheduled duty period of more than 18 
hours but not more than 24 hours. The duty period may not include more 
than 18 scheduled hours of flight time. Each pilot must be given an 
opportunity to rest in-flight in approved sleeping quarters. Each pilot 
must be scheduled for a rest period of at least 22 consecutive hours. 
This rest period must occur between the completion of the scheduled 
duty period and the commencement of the next subsequent duty period.
    (1) Due to operational delays, the rest period required under this 
paragraph (f) may be reduced to no fewer than 20 consecutive hours if 
the pilot has not actually exceeded the maximum 24 hour duty period and 
if the pilot is provided with a subsequent rest period of at least 24 
hours. This subsequent rest period must be scheduled to begin no later 
than 24 hours after the beginning of the reduced rest period and must 
occur between the completion of the 

[[Page 65976]]
scheduled duty period and the commencement of the next subsequent duty 
period.
    (2) The duty period required under this paragraph (f) may be 
extended to 26 hours when the extension is due to operational delays. 
In this case the 22 hour rest period may not be reduced.


Sec. 135.265  Reserve and standby assignments.

    (a) Standby duty. Standby duty commences when a flight crewmember 
is placed on standby duty assignment. Standby duty periods must be 
scheduled in accordance with Sec. 135.263. Standby duty periods end 
when the duty period associated with a subsequent flight assignment 
ends or the flight crewmember is relieved from standby duty for a 
scheduled rest period.
    (b) Reserve time. A certificate holder may assign a reserve 
assignment to a flight crewmember and a flight crewmember may accept 
that assignment only when the applicable provisions of this section are 
met. Each flight crewmember must be given a 10-hour rest period before 
being assigned to reserve time. Reserve time may be assigned under 
either of the following options and the flight crewmember must be 
notified of which option has been selected before the beginning of the 
reserve time assignment:
    (1) A certificate holder may schedule a flight crewmember assigned 
to reserve time and a flight crewmember may accept any duty period if 
the flight crewmember receives at least 10 hours notice and if the duty 
period is scheduled in accordance with Sec. 135.263. If a flight 
crewmember does not receive at least 10 hours notice, the following 
limitations apply:
    (i) If at least 8 hours notice is given the scheduled duty period 
is limited to no more than 12 hours. The duty period required under 
this paragraph (b)(1) may be extended to 14 hours when the extension is 
due to operational delays.
    (ii) If at least 6 hours notice is given the scheduled duty period 
is limited to no more than 10 hours. The duty period required under 
this paragraph (b)(1) may be extended to 12 hours when the extension is 
due to operational delays.
    (iii) If at least 4 hours notice is given the scheduled duty period 
is limited to no more than 8 hours. The duty period required under this 
paragraph (b)(1) may be extended to 10 hours when the extension is due 
to operational delays.
    (iv) If fewer than 4 hours notice is given the scheduled duty 
period is limited to no more than 6 hours. The duty period required 
under this paragraph (b)(1) may be extended to 8 hours when the 
extension is due to operational delays.
    (2) A certificate holder may assign a flight crewmember to a 
reserve assignment and a flight crewmember may accept a duty period if, 
for each 24-hour period, the flight crewmember receives at least a 
regularly scheduled 6-hour period that is protected from any contact by 
the certificate holder. The hours of the 6-hour protected time period 
must be assigned before the flight crewmember begins the reserve time 
assignment and must occur at the same time during each 24-hour period 
during a reserve time assignment. Any duty period assignment must be 
scheduled to be completed within the 18 hour reserve period. The length 
of the duty period and the subsequent rest period must be in accordance 
with Sec. 135.263.


Sec. 135.267  Additional flight crewmember duty period and flight time 
scheduling limitations.

    (a) A flight crewmember is not considered to be scheduled for a 
duty period in excess of the scheduled duty period limitations if the 
duty periods to which he or she is assigned are scheduled and normally 
terminate within the limitations, but, due to operational delays, the 
flights to which he or she is assigned are not at block out time 
expected to reach their destination within the scheduled duty period. 
However, no air carrier may schedule a flight crewmember, nor may a 
flight crewmember accept a flight that at block out time would extend 
the flight crewmembers scheduled duty period maximum more than two 
hours, as provided in Sec. 135.263.
    (b) A flight crewmember is not considered to be scheduled for 
flight time in excess of the flight time limitations if the flights to 
which he or she is assigned are scheduled and normally terminate within 
the limitations, but due to operational delays are not at block out 
time expected to reach their destination within the scheduled time.


Sec. 135.269  Weekly and monthly flight crewmember flight time 
limitations.

    No certificate holder may schedule any flight crewmember and no 
flight crewmember may accept an assignment for flight time under this 
part if that flight crewmember's total flight time for a certificate 
holder under parts 91, 121, and 135 of this chapter will exceed--
    (a) 32 hours in any 7 consecutive calendar days.
    (b) 100 hours in any calendar month.


Sec. 135.271  Additional flight crewmember rest requirements.

    (a) No certificate holder may assign any flight crewmember and no 
flight crewmember may accept any duty period or flight time with the 
certificate holder unless the flight crewmember has had at least the 
minimum rest required under this subpart.
    (b) No certificate holder may assign any flight crewmember and no 
flight crewmember may accept any duty with the certificate holder 
during any required rest period. For example the flight crewmember may 
not be required to contact the certificate holder, answer the 
telephone, carry a beeper, remain at a specific location or in any 
other way be responsible to the air carrier during a rest period.
    (c) Rest periods that are required under this subpart can occur 
concurrently with any other rest period.
    (d) The reduced rest periods allowed under Sec. 135.263 may only be 
used due to operational delays and may not be scheduled in advance.
    (e) Each certificate holder shall 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.
    (f) Each certificate holder must provide each flight crewmember 
assigned to assigned time, when the assigned time is not part of a duty 
period, a rest period of at least 10 hours before the commencement of a 
subsequent duty period.
    (g) Each certificate holder must provide each flight crewmember at 
least 48 consecutive hours of rest upon return to the flight 
crewmember's home base after completion of one or more duty periods 
that terminate in a time zone or zones that differs from the time zone 
of the flight crewmember's home base by 6 or more hours and the flight 
crewmember remains in that time zone or zones for at least 48 
consecutive hours. The flight crewmember must receive this rest before 
beginning a subsequent duty period. The home base is determined by the 
certificate holder and is where that crewmember is based and receives 
schedules.


Sec. 135.273  Deadhead transportation.

    Time spent in transportation, not local in character, that a 
certificate holder requires of a flight crewmember and provides to 
transport the crewmember to an airport at which he or she is to serve 
on a flight as a crewmember, or from an airport at which he or she was 
relieved from duty to return to his or her home station is not 
considered part of a rest period. For 

[[Page 65977]]
duty period limitation purposes the certificate holder and flight 
crewmember must consider deadhead time as assigned time or as part of a 
duty period associated with flight.


Sec. 135.275  Duty period and flight time limitations: Other flying for 
a certificate holder.

    No flight crewmember who is employed by a certificate holder 
conducting operations under this part may do any other duty or flying 
for a certificate holder conducting operations under part 121 or part 
135 of this chapter if that duty or flying for a certificate holder 
plus his or her duty or flying under this part will exceed any duty 
period or flight time limitation in this part. This section applies to 
any other duty or flying under part 91, part 121, or part 135 of this 
chapter for a certificate holder whether the duty or flying precedes or 
follows the flight crewmember's flying under this part.


Sec. 135.271  [Redesignated as Sec. 135.277]

    10. Section 135.271 is redesignated as Sec. 135.277 and revised to 
read as follows:


Sec. 135.277  Additional flight crewmember rest requirements.

    (a) No certificate holder may assign any flight crewmember and no 
flight crewmember may accept any duty period or flight time with the 
certificate holder unless the flight crewmember has had at least the 
minimum rest required under this subpart.
    (b) No certificate holder may assign any flight crewmember and no 
flight crewmember may accept any duty with the certificate holder 
during any required rest period. For example the flight crewmember may 
not be required to contact the certificate holder, answer the 
telephone, carry a beeper, remain at a specific location or in any 
other way be responsible to the air carrier during a rest period.
    (c) Rest periods that are required under this subpart can occur 
concurrently with any other rest period.
    (d) The reduced rest periods allowed under Sec. 135.263 may only be 
used due to operational delays and may not be scheduled in advance.
    (e) Each certificate holder shall 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.
    (f) Each certificate holder must provide each flight crewmember 
assigned to assigned time, when the assigned time is not part of a duty 
period, a rest period of at least 10 hours before the commencement of a 
subsequent duty period.
    (g) Each certificate holder must provide each flight crewmember at 
least 48 consecutive hours of rest upon return to the flight 
crewmember's home base after completion of one or more duty periods 
that terminate in a time zone or zones that differs from the time zone 
of the flight crewmember's home base by 6 or more hours and the flight 
crewmember remains in that time zone or zones for at least 48 
consecutive hours. The flight crewmember must receive this rest before 
beginning a subsequent duty period. The home base is determined by the 
certificate holder and is where that crewmember is based and receives 
schedules.

    Issued in Washington, D.C., on December 11, 1995.
Thomas C. Accardi,
Acting Director, Flight Standards Service.
[FR Doc. 95-30547 Filed 12-14-95; 8:45 am]
BILLING CODE 4910-13-U