[Federal Register Volume 61, Number 55 (Wednesday, March 20, 1996)]
[Proposed Rules]
[Pages 11492-11496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6761]




[[Page 11491]]


_______________________________________________________________________

Part IV





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 121 and 135



Flight Crewmember Duty Period Limitations, Flight Time Limitations, and 
Rest Requirements; Proposed Rule

  Federal Register / Vol. 61, No. 55 / Wednesday, March 20, 1996 / 
Proposed Rules  

[[Page 11492]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 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).

ACTION: Notice of proposed rulemaking; extension of comment period.

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

SUMMARY: This action extends the comment period on Notice No. 95-18; 
Flight Crewmember Duty Period Limitations, Flight Time Limitations, and 
Rest Requirements, and publishes questions received from commenters and 
the FAA's response to those questions. The comment period is extended 
from March 19, 1996, to June 19, 1996. This action is in response to a 
request from several associations and individuals that the FAA allow 
all affected parties additional time to comment. The extension of the 
comment period is warranted because of the scope and complexity of the 
proposal and the need to allow time for commenters to consider the 
agency's response to the above questions.

DATES: The comment period on Notice No. 95-18 is extended until June 
19, 1996.

ADDRESSES: Comments should be mailed in triplicate to: Federal Aviation 
Administration, Office of the Chief Counsel (Attention: Rules Docket, 
AGC-200), Docket No. 28081, 800 Independence Ave., SW, Washington, DC 
20591. Comments on this notice may be examined in room 915G on 
weekdays, except on Federal holidays, between 8:30 a.m. and 5:00 p.m.

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

SUPPLEMENTARY INFORMATION: On December 20, 1995, the Federal Aviation 
Administration (FAA) issued Notice No. 95-18; Flight Crewmember Duty 
Period Limitations, Flight Time Limitations, and Rest Requirements [60 
FR 65951]. Comments to Notice. 95-18 were to be received on or before 
March 19, 1996.
    By letter dated December 27, 1995, the National air Transportation 
Association (NATA) requested that the FAA extend the comment period for 
Notice No. 95-18 for 90 days. NATA stated that on-demand, air taxi 
operators need additional time to analyze and respond to the proposal. 
In addition, the National Air Carrier Association, the Air Transport 
Association, the Allied Pilot Association, the National Business 
Aircraft Association, and several individuals also requested that the 
comment period be extended.
    Due to the complexity and extensive nature of the proposal, the FAA 
has determined that operators and affected crewmembers should be given 
additional time to comment on the proposal. In response to NATA's 
request, the FAA invites specific comments on costs in sufficient 
detail to determine the burden for all operators. To allow time for 
commenters to provide this information, the FAA has determined that a 
90-day extension of the comment period is in the public interest.
    In addition, in response to questions raised by Federal Express 
Corporation on January 17, 1996, and American Airlines on January 16, 
1996, the FAA publishes as an attachment to this notice, those 
questions and the FAA's responses so that all interested parties may 
benefit from this additional information.
    Several commenters have expressed concern that the docket on this 
rulemaking is not complete, in that it specifically lacks a second NASA 
document referenced in the preamble to the notice. For this reason, the 
commenters feel that they are not yet able to comment fully on the 
proposed rule. In the notice, the FAA stated that it was basing its 
proposal on, among other things, the 1995 NASA Technical Memorandum, 
``Principles and Guidelines for Duty and Rest Scheduling in Commercial 
Aviation,'' and the NASA Technical Reports supporting that memorandum, 
which the agency placed in the public docket. The 1995 memorandum 
summarizes NASA findings and recommendations on fatigue and fatigue 
countermeasures. The FAA noted that this concise document focused on 
operational considerations and provided specific scientific input on 
this complex issue.
    The preamble to the notice also noted that NASA was preparing a 
second document that would provide specific scientific references that 
support the principles and guidelines outlined in the 1995 memorandum. 
The FAA did not feel that this further scientific discussion was needed 
to support its proposal. The scientific conclusions and recommendations 
of the panel of experts who studied the underlying data are already 
contained and thoroughly explained in the 1995 memorandum. Moreover, 
NASA has assured the FAA that the Technical Reports now in the docket 
contain the data on which the results and conclusions of the first 
document are based. The FAA did not mean to imply that the second NASA 
document would be ready prior to the close of the comment period. The 
FAA does not anticipate that the second NASA document will be available 
before the final rule is issued.
    The FAA based Notice No. 95-18 not only on the 1995 NASA technical 
memorandum, which contains conclusions of independent experts, but also 
on other documents to be found in Docket No. 28081, on the industry 
input provided by ARAC, and on the FAA's own experience with the 
current regulations.
    Finally, several commenters requested that the NPRM be withdrawn, 
and the agency will consider these petitions in further evaluating the 
proposal. As it would with any notice of proposed rulemaking, if the 
agency finds in the light of comments received that the proposed 
rulemaking is not warranted, the notice would be withdrawn.
    In a preliminary review of the comments received thus far, it would 
appear that some commenters do not realize that if this rulemaking does 
not result in a final rule, the FAA will ensure that the current rules 
would be enforced. This may be contrary to the current understanding of 
those rules by some operators and airmen. For example, this would mean 
that under the ``lookback'' provisions of the current rules, a flight 
crewmember on reserve could not take a flight assignment unless he or 
she had a scheduled rest period in the previous 24 hours. Commenters 
may want to consider the impact this would have on their operations.

    Issued in Washington, DC on March 15, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.

Questions and Responses to the NPRM, Flight Crewmember Duty Period, 
Flight Time Limitations, and Rest Requirements

    This is the FAA's response to the American Airlines January 22, 
1996 letter requesting clarification of Notice No. 95-18 Flight 
Crewmember Duty Period Limitations and Rest Requirements. American 
Airlines questions and the FAA's responses are stated below.
    Question 1: Is the duty period extension in actual operation up to 
16

[[Page 11493]]

hours, or up to 2 additional hours beyond scheduled, as page 65958 
says?
    FAA Response: The duty period extension in actual operation is up 
to 2 hours more than the maximum scheduled duty period for that crew 
compliment, not 2 hours more than the scheduled termination of that 
duty period as stated on page 65958. The wording on page 65958 was 
incomplete. It should have stated ``If at any time during a duty period 
it is determined that, due to operational delays, a scheduled flight 
will not terminate within the maximum scheduled duty period, then the 
flight crewmembers must be relieved of duty before initiating that 
flight segment.'' The explanation on page 65961 under ``Additional Duty 
Period Limitations and Reduced Rest'' section is correct in the rule 
language at sections 121.473, 121.475 and 135.263.
    Question 2: If we release a flight crewmember assigned to reserve 
time for one reserve day in the middle of a reserve block can we then 
change reserve categories?
    FAA Response: A reserve time option and its associated rest 
requirements as stated in proposed section 121.477 may be changed by 
removing the flight crewmember from a reserve time assignment. Page 
65959, ``Reserve and Standby Assignments'', states that reserve time 
ends when the crewmember is released, the crewmember is notified of a 
future duty period assignment and released from all further 
responsibility until the report time for that assignment, or the flight 
crewmember reports for a duty period. It should be noted that the only 
requirement prior to assigning a flight crewmember to another reserve 
time option is the 10-hour rest requirement stated in proposed section 
121.477(b).
    Question 3: Can't we change reserve categories fairly by either 
extending the rest period or shortening the duty day? Shouldn't some 
degree of shift in category from one reserve day to the next be 
reasonable? In fact, wouldn't a shift from the 18-hour type to the 
sliding scale type always be reasonable? A shift from the sliding scale 
to an 18-hour day if notified the day before?
    FAA Response: Reserve categories can be changed from one reserve 
assignment to the next reserve assignment as outlined above in question 
2.
    Question 4: If we can assign a flight crewmember to a reserve time 
assignment the day before, why should there be any limitations on the 
duty period he can fly? e.g., Someone is serving reserve on the 10th-
13th days of the month. For the 10th day, he was assigned a 0000-0600 
rest period, but was not given a trip. On the 11th, shouldn't we be 
able to assign him a trip on the 12th which terminates at 0100? Clearly 
he would have more time to be rested.
    FAA Response: The NPRM provides a certificate holder the 
flexibility to assign a flight crewmember on reserve time a duty period 
with no reduction in the maximum scheduled duty time providing the 
flight crewmember is advised of the assignment and released from all 
duty or responsibilities to rest for a minimum of 10 hours (taken off 
reserve time) before reporting for that assignment (section 
121.477(b)(1)). This provision is applicable to a flight crewmember on 
reserve time regardless of which reserve assignment option the 
crewmember is assigned.
    Question 5: If a flight crewmember on reserve time is being 
assigned to an augmented crew, shouldn't he have a longer duty period, 
just like the regular augmented crew members have? Otherwise you get 
into some non-sensical situations. This question applies to both types 
of reserve.
    FAA Response: The proposed NPRM does permit longer duty periods for 
flight crewmembers on reserve time when serving on an augmented crew 
providing the flight crewmember is given 10 hours notification of the 
assignment and released from all duty or responsibilities until report 
time for that assignment. Flight crewmembers on the 6/18-hour reserve 
time option may have their duty periods extended provided the duty 
period is scheduled for completion before the expiration of the 18-hour 
reserve time.
    Question 6: Concerning table 1 on page 65959, isn't footnote 1 
inappropriate for augmented crews? For example, in a 4-pilot crew, the 
duty period can go up to 24 hours and minimum scheduled rest is 22 
hours. The rest can be reduced to 20 hours in actual operation, but the 
compensatory rest must start no later than 24 hours after the beginning 
of the reduced rest, i.e. within 4 hours after the end of the reduced 
rest. A 4-hour duty period is inconsistent with this kind of flying and 
is not reasonable.
    FAA Response: The flexibility to extend the length of duty periods 
and allow reduced rest is included in the NPRM. The NPRM requires that 
any compensatory rest period be scheduled to begin no later than 24 
hours after the beginning of the reduced rest. This is different from 
the current rule that says the compensatory rest must begin within 24 
hours of the compensatory rest.
    In the case of a 4-pilot crew, the subsequent duty following a 
reduced rest would be limited to 4 hours because of the requirement to 
schedule the compensatory rest period within 24 hours of the 
commencement of the reduced rest period. Clearly, this is limiting. The 
carrier needs to consider this limitation when exercising the 
flexibility to reduce the required rest period, especially when the 
duty period for 4 pilots may be up to 24 hours.
    Question 7: The ``36-in-7'' rule states that a flight crewmember 
must be relieved from all duty for 36 consecutive hours during any 7 
consecutive calendar days. Duty is defined as involving flight time. 
Therefore, if a pilot has been on reserve but not assigned a trip for 
36 hours, doesn't that satisfy 36-in-7? What if he had been to training 
for 2 days--that does not involve flight time either, so doesn't that 
also satisfy 36-in-7? What if the flight crewmember had a 36-hour rest 
period followed by 7 days of reserve duty, during the first 5 of which 
he was not assigned a trip. Would the flight crewmember have to be 
removed from flying on the 6th and 7th days to satisfy ``36-in-7'' or 
would the flight duty 7-day clock not start until he was actually 
assigned a trip (Flight Attendant Duty Act interpretation)?
    FAA Response: Proposed sections 121.483(e) and 135.271(e) state 
that ``Each certificate holder must provide each flight crewmember who 
is assigned to one or more duty periods, standby duty, or reserve time 
a rest period of at least 36 consecutive hours during any 7 consecutive 
calendar days.'' Therefore, flight crewmembers on standby duty or 
reserve time, even if no assignment involving flight time is given 
(duty period), must be given a rest of 36 consecutive hours in each 7-
day period. Assigned time, which includes training, is not included in 
the requirement of the 36 hour rest. Therefore a flight crewmember 
could be assigned training on the 7th day without a 36 hour rest (and 
the 8th day, etc.). However, before being assigned a duty period, 
standby duty, or reserve time, the flight crewmember would be required 
to be given a 36-hour rest period, free from all duty. In essence, the 
application of this provision would be that a flight crewmember could 
perform assigned time on the 7th day of a 7 consecutive day period 
without a 36-hour rest but could not be assigned a duty period, reserve 
period, or standby duty. This NPRM differs considerably from the recent 
final rule applicable to flight attendants.
    Question 8: The economic analysis suggests that there are some cost 
savings included within the NPRM to offset or partially offset the 
costs of the reserve time rest requirements. Did the FAA

[[Page 11494]]

consider that the airline would have to get union approval to obtain 
virtually any of these benefits?
    FAA's Response: The economic analysis assumes that most certificate 
holders will benefit from any productivity measures included in the 
NPRM, if not immediately, at some time in the future when agreement is 
obtained through labor management agreements.
    Question 9: In the event of operational delays, particularly 
something like a creeping mechanical delay, a regular crewmember's duty 
period can be extended up to 16 hours. Would a reserve crewmember be 
allowed to fly into his 6-hour rest period under those circumstances? A 
problem based on this question is that regulars and reserves will now 
have different legalities, ref: creeping delay.
    Answer: A flight crewmember on reserve assignment option 2 (section 
121.477(b)(2)) cannot be scheduled for a duty period that intrudes on 
the 6 hours of protected time. In the case of operational delays as 
stated on page 65960 under ``Reserve and Standby Assignments'', any 
duty period must be scheduled to be completed within the 18-hour 
reserve time.
    Question 10: Does military leave qualify as being free from all 
duty for ``36-in-7'' purposes?
    FAA Response: Yes, military leave, sick leave, family leave, and 
other types of personal leave are for the purpose of this NPRM 
classified as ``rest''. As stated in ``Terms and Definitions'' on page 
65956, these are periods of time free of all restraint or duty for the 
certificate holder and free of all responsibility for work or duty 
should the occasion arise.
    Question 11: Does military flying count towards ``32-in-7'' flight 
time limits? If so, who keeps track of it?
    FAA Response: Proposed 121.487 and 135.275 apply only to flying 
conducted for one or more air carrier certificate holders. It does not 
apply to private or military flying.
    Question 12: Will ``commuting flight crewmembers'' have to be 
responsible for reporting duty period violations or is that ``personal 
business''?
    FAA Response: By ``commuting flight crewmembers'' we assume 
American is describing those who travel to work from a location which 
is not the same as their domicile, not the deadhead transportation 
described in proposed section 121.485. This NPRM proposes duty period 
and flight time limits and rest requirements. It does not propose any 
restrictions on a flight crewmember's activities during a rest period. 
Flight crewmembers are expected to use rest periods for obtaining rest.
    Question 13: For a flight crewmember assigned to reserve time whose 
protected time is 0000-0600, can we expect him to sign in for a trip at 
0601 if notified the day before? If only contacted at 0601, when can we 
expect him to sign in? 0800? If so that reduces his effective 
availability to 16 hours.
    FAA Response: In order to require a reserve whose protected time is 
from 0001-0600 to report at 0601, the certificate holder would have to 
change the crewmember's reserve time category by methods previously 
addressed in the response to question #4. Flight crewmembers assigned 
to reserve time must be given 1 hour or more to report after 
notification of a duty assignment (section 121.471(b)(7)). Therefore, 
if a crewmember was contacted at 0601, the earliest he could report 
would be 0701.
    Question 14: How far in advance must we notify an 18-hour reserve 
of his protected time (or the ``sliding scale reserve'' of his status)?
    FAA Response: Before beginning a reserve time assignment as stated 
in proposed 121.477(b).
    Question 15: What constitutes valid reasons for operational delays? 
Air traffic control? Company air traffic control? Deicing? Maintenance 
calls for non-essential (non-MEL) items, e.g. passenger light bulb 
burned out? Baggage belt jam? Computer outage? Ramp congestion delay? 
Fuel topoff? Precautionary check ground interrupt or aircraft 
precautionary inspection? Local noise curfews?
    FAA Response: The definition of operation delays is stated in 
proposed section 121.471(b)(5). Delays that are associated with air 
traffic control, weather, or aircraft maintenance would be considered 
beyond the certificate holder's control.

Questions and Responses to the NPRM, Flight Crewmember Duty Period 
Limitations, Flight Time Limitations, and Rest Requirements

    This document responds to questions received from Federal Express 
Corporation (FedEx) January 17, 1996.
    Question 1: ``Reserve Time'' is defined as a period of time when a 
flight crewmember must be available to report upon notice for a duty 
period. The NPRM implies a reserve period is a 24-hour period(s). Is a 
reserve period considered (required) to be a 24-hour period of time?
    FAA Response: The NPRM defines reserve time as a period of time 
that a flight crewmember is required by the certificate holder to be 
available to report upon notice for duty involving flight time and the 
certificate holder allows at least 1 hour to report. Reserve time 
assignments are at the discretion of the certificate holder. The NPRM 
does not require any specific length of time for reserve time 
assignments. Reserve time assignments end whenever a flight crewmember 
is notified of a future duty period assignment and released from all 
further responsibility until the report time for that assignment, or 
the crewmember reports for a duty assignment, or the crew member is 
relieved of the reserve time assignment by the certificate holder for 
other assignments or rest. The NPRM defines 5 different categories of 
time. A flight crewmember is always in one of these categories. The 
NPRM defines these under ``Terms and Definitions'' on page 65965. They 
include ``assigned time'', duty involving flight time (referred to as 
``duty period''), reserve time, rest (referred to as ``rest period''), 
and ``standby duty''.
    Question 2: If a non-reserve pilot is assigned a hotel standby 
activity, is his duty limit treated like a standby reserve?
    FAA Response: ``Standby duty'' is defined in proposed section 
121.471(a)(9). If a flight crewmember is required to report for a 
flight assignment in less than 1 hour from the time of notification the 
flight crewmember is assigned to ``standby duty''. If the flight 
crewmember is required to report in 1 hour or more, the flight 
crewmember is not on ``standby duty''. If the certificate holder 
provided hotel accommodations with the provision that report for a 
flight assignment would be 1 hour or more from the time of assignment, 
then such assignment would be considered reserve time, and the 
provisions outlined in proposed section 121.477(b)(1) or (b)(2 would 
apply.
    Question 3: If a reserve period for a carrier is defined to be a 
12-hour period, is each 12-hour period a ``reserve time assignment'' 
requiring a 6-hour free window during that 12-hours under this option? 
Is a number of consecutive A-period (12 hrs) R-days one reserve time 
assignment?

A  A  A  A  A


--  --  --  --  --
    The above represents 5 consecutive reserve days, where each day is 
a 12-hour period followed by 12 hours of rest. Are these 5 R-days 
considered to be 1 reserve time assignment or 5 reserve time 
assignments?
    FAA Response: Under the example, the certificate holder could 
determine if these 5 reserve days are to be considered as one 
consecutive or 5 separate reserve time assignments. However, the flight

[[Page 11495]]

crewmember must be advised in advance of how each of these days are to 
be considered and the method of assignment to be used, i.e., assignment 
under section 121.477(b)(1) or 121.477(b)(2).
    This option exists because the NPRM requires 10 hours of rest 
before beginning reserve time and 6 hours of protected time in each 24-
hour period of reserve time. The structure of 12 hours rest and 12 
hours duty could satisfy both requirements. The protected time would 
have to be established in advance and be consistent for each reserve 
time period. If the 5 days are designated as separate periods, the 
method of assignment could be varied for each period. If the 5 days 
were designated as one consecutive reserve time assignment, the method 
of assignment for the entire 5 days must be consistent.
    Question 4: Clarify the requirement that the intent of any duty 
period assignment must be scheduled to be completed within the 18-hour 
reserve time, exclusive of the 6 hours of protected time.
    FAA Response: Flight crewmembers on reserve time under 
Sec. 141.477(b)(2) are guaranteed 6 hours of protected time for 
uninterrupted rest. Outside of the protected time, flight crewmembers 
are available for an assignment to a duty period with 1 or more hours 
of notice to report.
    Question 5: Under the 6-hour of protected rest option, does any 
trip assigned to a reserve during his block of R-days (reserve time 
assignment) have to contain uninterrupted rest during that 6-hour 
window for all days of the trip?
    FAA Response: No, this requirement is applicable only to the time 
that a flight crewmember is on reserve time. When given a duty 
assignment, the first duty period must terminate within the 18-hour 
reserve period. The length of the duty period and the subsequent rest 
time, duty time, and flight time for the remainder of the trip would be 
in accordance with 121.473 or 121.475.
    Question 6: At the end of a trip assignment to a reserve, one that 
begins and ends within a block of R-days (one reserve time assignment) 
can the 6-hour window be changed for the remainder of the R-day block?
    FAA Response: Yes. When released from a duty period, the flight 
crewmember must be given rest appropriate to that duty period, but no 
less than 10 hours before being placed back on reserve time. It is the 
certificate holder's prerogative as to which reserve time option will 
be used. The certificate holder must advise the flight crewmember of 
any changes in a subsequent reserve time assignment and release the 
flight crewmember for a minimum of 10 hours of rest before beginning 
the new reserve time assignment with the different protected time.
    Question 7: What is a subsequent reserve assignment considered to 
be? For example, in 5 consecutive R-days, could the 6-hour period of 
protected time be 1800-2400 for R1 and R2, but for R3, R4, and R5, be 
0000-0600? (R1 represents the first R-day, R2 represents the second R-
day, etc.)
    FAA Response: No, the 6 hours of protected time must be the same 
for the entire reserve time assignment. Changing the 6 hours of 
protected time is discussed in Question 6 above.
    Question 8: If deadhead can be considered to be ``assigned time'' 
following a duty period, is there any limit on how long the deadhead 
travel time can be? Based on the example cited, is there a need for an 
intervening rest period between the duty period and the deadhead?
    For a 2 Pilot Crew:

----------------------------------------------------------------------------------------------------------------
                                                                BLK          DTY                                
----------------------------------------------------------------------------------------------------------------
                                     MEM-CDG..............         7:00         8:30  Duty Period.              
DH.................................  CDG-JFK..............         0.00         8:00  Assigned Time.            
DH.................................  JFK-MEM..............         0:00         2:00  Assigned Time.            
                                     Rest Period..........  ...........  ...........  10 Hours.                 
----------------------------------------------------------------------------------------------------------------

    FAA Response: The certificate holder has the option of considering 
assigned time as part of a duty period and scheduling the appropriate 
rest for that duty period after completion of the assigned time, or 
considering assigned time exclusively as assigned time and ensuring 
that the flight crewmember is given at least 10 hours of rest before 
commencing a subsequent duty period. If assigned time is considered 
part of a duty period and attached to the end of that duty period, the 
rest before commencing a subsequent duty period must be appropriate to 
the duty period as required in proposed Sec. 121.473 or 121.475 but no 
less than 10 hours. In the example above, there is no requirement for 
an intervening rest period before the deadhead.
    Question 9: Does the ``48 consecutive hours in a time zone'' 
include block time, or is it just ground time? When does the 48-hour 
clock start and stop?

------------------------------------------------------------------------
                                       Dept        Arrive      Layover  
------------------------------------------------------------------------
MEM-CDG..........................         1800         0200             
Layover..........................                                  47:30
CDG-MEM..........................         0130         0830             
Taxi/Ground Time@CDG 0:45........  ...........  ...........         1:30
                                                            ------------
                                                                   49:00
------------------------------------------------------------------------

    Does pilot receive 48 hours of rest upon return to MEM?
    FAA Response: The 48-hour clock commences with ``block in'' time in 
a time zone who set time is 6 hours or more different than the flight 
crewmember's domicile time and ends with ``block out'' time in a time 
zone less than 6 hours different than the flight crewmember's domicile. 
Assuming a :30 debrief period on arrival at CDG and a 1:00 report time 
before departure at CDG, this flight crew did not remain in the CDG 
time zone for 48 consecutive hours. Therefore a 48-hour rest on return 
to domicile is not required.
    Question 10: Does 36 hours of rest in 7 consecutive days apply to 
``assigned time''?

F F F F F AT AT AT
1 2 3 4 5  6   7   8
(F--flight duty, AT--assigned time)

    In the above example where a pilot has 5 days of flight duty with 
no layover greater than 36 hours, is a 36 hour rest

[[Page 11496]]

period required during day 6, 7, or 8 which are scheduled as assigned 
time such as deadhead or training?
    FAA Response: A 36-hour rest is not required during days 6, 7, or 
8. However, before the flight crewmember could be assigned a duty 
period, a standby period, or reserve time, 36 consecutive hours of rest 
would be required.
    Question 11: How are management pilots and instructor pilots to be 
treated? Are they considered to be on ``assigned time'' when at work 
performing administrative function or training functions?

BILLING CODE 4910-13-M
[GRAPHIC] [TIFF OMITTED] TP20MR96.019

BILLING CODE 4910-13-C

    Is it permissible for a management pilot to perform flight duty 
after performing 3 hours of Administrative duties as indicated above?
    FAA Response: Administrative duties and ground training 
accomplished by management pilots and instructor pilots is considered 
assigned time. Assigned time may be included as part of a duty period 
(scheduled in accordance with proposed Sec. 121.473) or considered 
separately and a rest period provided prior to any subsequent duty 
period.
    Question 12: Why do reserves rest before work and non-reserves rest 
after work?
    FAA Response: Rest periods are provided to give the flight 
crewmember a predetermined opportunity to rest prior to duties which 
could involve flight time (duty periods). Rest periods are provided 
between duty periods, reserve time assignments, and standby duty 
assignments. If assigned time was accomplished, a rest period is 
required prior to a duty period.
    Question 13: A carrier assigns a pilot to a trip with the first 
duty period consisting of a deadhead to a field location, followed by a 
legal rest period, and the second duty period containing flight time. 
If the pilot chooses, on his own accord, to deviate from the planned 
first duty period deadhead, does the carrier have to ensure that the 
pilot receives a legal rest period before any flight time?
    FAA Response: First, deadhead is considered to be assigned time if 
it is not included as part of a duty period. Second, proposed 
Sec. 121.473 states that ``A certificate holder may assign a scheduled 
duty period and a pilot may accept the assignment only when the 
applicable duty period limitations, flight time limitations, and rest 
requirements of this section are met.'' It is the certificate holder's 
responsibility to schedule its flight crew members in accordance with 
the applicable regulations. It is the flight crewmember's 
responsibility to use scheduled rest periods so that they are rested 
for subsequent assignments.

[FR Doc. 96-6761 Filed 3-15-96; 4:13 pm]
BILLING CODE 4910-13-M