[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Proposed Rules]
[Pages 22020-22021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10945]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 125, and 135

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


Operator Flight Attendant English Language Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM), withdrawal.

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

SUMMARY: The FAA is withdrawing a previously published ANPRM that 
sought information to establish requirements to ensure that flight 
attendants understand sufficient English language to communicate, 
coordinate, and perform all required safety related duties. The ANPRM 
discussion concerned domestic, flag, and supplemental operations; 
airplanes having a seating capacity of 20 or more passengers or a 
maximum payload capacity of 6,000 pounds or more; and commuter and on 
demand operations. We are withdrawing the document because we are 
incorporating the flight attendant English language issue into a 
separate regulatory action on the broader subject of crewmember 
training. We believe that consolidating the flight attendant English 
language issue into the proposed training rulemaking will enable a more 
effective and efficient use of FAA resources, and the broader proposal 
will better serve the public interest.

FOR FURTHER INFORMATION CONTACT: Cindy Nordlie, ARM-108, Office of 
Rulemaking, Federal Aviation Administration, 800 Independence Avenue, 
SW., Washington, DC 20591; telephone (202) 267-7627.

SUPPLEMENTARY INFORMATION

Background

    On April 18, 1994, the FAA published an Advance Notice of Proposed 
Rulemaking (ANPRM) (Notice No. 94-11, 59 FR 18456). The ANPRM informed 
the public that the FAA was considering amending parts 121, 125, and 
135 of title 14 of the Code of Federal Regulations to require 
certificate holders to ensure flight attendants understand sufficient 
English to communicate, coordinate, and perform all required safety 
related duties. The comment period closed on July 18, 1994.
    In 1996, the FAA's Aviation Rulemaking Advisory Committee (ARAC) 
was tasked with providing advice and recommendations on the flight 
attendant English language issue. ARAC's Operator Flight Attendant 
English Language Program Working Group was unable to reach consensus on 
an appropriate rulemaking action recommendation and asked ARAC to 
resolve the impasse. ARAC recommended proceeding with the rulemaking 
process. FAA determined that the most appropriate way to proceed with 
the rulemaking was to address the flight attendant English language 
issue in the overall context of crewmember training. ARAC concurred 
with the FAA's decision. Therefore, the task was withdrawn from ARAC 
and incorporated into a separate Crewmember Qualification and Training 
proposed rulemaking currently being developed by the FAA.

Discussion of Comments

    All but one of the fourteen commenters expressed support for the 
proposal under consideration. The Air Transport Association strongly 
opposed any English language proficiency requirement, believing it to 
be the source of an unreasonable economic burden and unsupported by any 
identified specific safety problem.
    Two individual commenters related personal experiences of 
communication difficulties with flight attendants and requested the 
problem be addressed before it results in tragedy. One individual noted 
that the ANPRM excludes operations that do not require flight 
attendants and stated that mandatory compliance by these operators 
would be burdensome and unfair.
    The Canadian Air Line Pilots Association expressed complete 
agreement with the possible rulemaking without further comment.

[[Page 22021]]

    The Air Line Pilots Association (ALPA), the Association of Flight 
Attendants (AFA), the Association of Professional Flight Attendants, 
the National Transportation Safety Board, an aircraft manufacturer, and 
the International Brotherhood of Teamsters Airline Division all 
expressed support for the possible rulemaking and declared an English 
language proficiency requirement to be essential for aviation safety. 
ALPA further suggested that flight attendants be required to 
communicate in the language of the flight's origin and destination. AFA 
added that the ability to understand a language does not assure an 
accompanying ability to communicate in that language, and requested 
that any rulemaking focus on communication, addressing problems with 
accents and speech impediments.
    The FAA acknowledges these contributions to the rulemaking process, 
and we reaffirm our commitment to aviation safety regarding this issue 
by continuing to develop and implement training and qualification 
requirements for crewmembers. The FAA is currently developing a 
proposed rulemaking on the overall subject of Crewmember Qualification 
and Training that will encompass the issues of Notice No. 94-11.

Reason for Withdrawal

    We are withdrawing Notice No. 94-11 because the flight attendant 
English language issue will be incorporated into a separate regulatory 
action currently being developed on the broader subject of Crewmember 
Qualification and Training. We believe that consolidating the flight 
attendant English language issue into the proposed training rulemaking 
will enable a more effective and efficient use of FAA resources, and 
the broader proposal will better serve the public interest.

Conclusion

    Withdrawal of Notice No. 94-11 does not preclude the FAA from 
issuing another notice on the subject matter in the future or 
committing the agency to any future course of action. We will make any 
future necessary changes to the Code of Federal Regulations through an 
NPRM with opportunity for public comment.
    The FAA has determined that this regulatory course of action is no 
longer necessary. Accordingly, the FAA withdraws Notice No. 94-11, 
published at 59 FR 18456 on April 18, 1994.

    Issued in Washington, DC, on April 26, 2002.
James Ballough,
Director, Flight Standards Service.
[FR Doc. 02-10945 Filed 5-1-02; 8:45 am]
BILLING CODE 4910-13-P