[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Rules and Regulations]
[Pages 10145-10147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5000]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Docket No. FAA-2003-14578]


Aviation Safety and Health Partnership Program

AGENCY: Federal Aviation Administration

ACTION: Notice of program establishment and request for comments.

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SUMMARY: By this notice, the Federal Aviation Administration (FAA) 
announces the creation of the air carrier Aviation Safety and Health 
Partnership Program (ASHPP). The FAA intends to enter into partnership 
agreements with participating air carriers, which will provide, at 
minimum, air carrier employee injury and illness data to the FAA for 
collection and analysis. The FAA will establish an Aviation Safety and 
Health Program (ASHP) Aviation Rulemaking Committee to provide advice 
and recommendations to:
    a. Develop the scope and core elements of the partnership program 
agreement,

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    b. Review and analyze the employee injury and illness data,
    c. Identify the scope and extent of systematic employee injury and 
illness trends,
    d. Make recommendations to the FAA concerning remedies that uses 
all current FAA protocols, including rulemaking activities if 
warranted, to abate employee hazards, and
    e. Any other advisory and oversight functions deemed necessary by 
the FAA.
    The FAA invites air carriers interested in entering into an ASHPP 
to respond in accordance with this notice. Additionally, the FAA 
invites persons interested in serving on the ASHP Aviation Rulemaking 
Committee to request membership in accordance with this notice. The FAA 
will select members to provide a balance of viewpoints, interests, and 
expertise. Membership on the committee may be limited to facilitate 
discussions and maintain a balance of interests. This program preserves 
FAA's complete and exclusive responsibility for determining whether 
proposed abatements of safety and health hazards would compromise or 
negatively affect aviation safety.

DATES: Membership: Air carriers interested in participating in the 
voluntary ASHPP with the FAA should submit their intentions and the 
name and contact information of their representative before March 31, 
2003. Air carriers belonging to a trade organization may elect to be 
represented by that organization. Air carrier trade associations, air 
carrier employee unions and other persons interested in participating 
on the ASHP Aviation Rulemaking Committee should submit their request 
on or before March 31, 2003. Selected committee members will be 
advised, in writing, of their participation and first meeting details.
    Comments: The FAA will consider all comments on this ASHP Aviation 
Rulemaking Committee filed on or before May 30, 2003. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay.

ADDRESSES: Membership: People that request membership or participation 
in the ASHP Aviation Rulemaking Committee should contact the person 
listed below under FOR FURTHER INFORMATION CONTACT.
    Comments: Address your comments to the Docket Management System, 
U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, 
SW., Washington, DC 20590-0001. You must identify docket number FAA-
2003-14578 at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that the 
FAA received your comments, include a self-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.
    You may also submit comments through the Internet at http://dms.dot.gov. You may review the public docket containing comments to 
the ASHP Aviation Rulemaking Committee, in person, in the Dockets 
Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Dockets Office is on the plaza level of the NASSIF 
Building at the Department of Transportation at the above address. 
Also, you may review comments made to this public docket on the 
Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Gene Kirkendall, AFS-200W, rm. 831, 
800 Independence Ave., SW., Washington, DC 20591, (202) 267-7074, 
facsimile at (202) 267-5229, or by email: [email protected]

SUPPLEMENTARY INFORMATION:

Background

    The joint FAA and Occupational Safety and Health Administration 
(OSHA) Aviation Safety and Health Team (ASHT) was established by a 
Memorandum of Understanding (MOU) between the two agencies in August 
2000. The MOU directed the team to determine whether certain OSHA 
requirements could be applied to the working conditions of employees on 
aircraft in operation (other than flightdeck crew) without compromising 
aviation safety. The ASHT produced a report that outlined several 
legal, enforcement, compliance, and aviation safety issues that 
prevented the team from recommending jurisdiction over the working 
environment of employees on aircraft in operation be granted or ceded 
to OSHA. The team also identified a lack of reliable empirical data 
concerning injury and illness hazards on aircraft in operation 
necessary to justify any rulemaking activities at that time. The ASHT 
recognized that the overall safety of air carrier operations dictates 
that the FAA play an active role in the application of any safety and 
health standards and recommended abatements if they were to be applied 
to the working conditions of employees on aircraft in operation. The 
team developed an action plan that created the FAA ASHP and proposed 
that air carriers voluntarily enter into an ASHPP with the FAA. These 
documents and other ASHP information may be obtained on the FAA, ASHP 
Web site at www.faa.gov/avr/afs/osha/ashp.cfm.
    The ASHPP proposes that air carriers voluntarily provide selected 
safety and health protections for employees currently not covered by 
OSHA, establish a steering committee consisting of members from FAA, 
air carriers, and employee unions, and contain evaluation criteria to 
assert program effectiveness. The program would also preserve the FAA's 
preeminent authority over aviation safety issues by reserving to the 
FAA complete and exclusive responsibility for determining whether 
proposed abatements of safety and health hazards would compromise or 
negatively affect aviation safety. The ASHPP would include electronic 
web based procedures for air carriers to report employee injury and 
illness information, thereby enabling FAA to obtain the required data. 
This data will be used to determine if FAA should take additional 
measures, including rulemaking activities, to address safety and health 
issues in air carrier operations. The initial plan focused on those 
employees whose workplace was on aircraft in operation (other than 
flightdeck crew). Limiting the data collection to only one employee 
work group would exclude other air carrier employees, such as pilots, 
mechanics and ramp personnel, whose working conditions are or may also 
be preempted from OSHA coverage under section 4(b)(1) of the OSH Act. 
Therefore, at the discretion of the committee, the scope of the 
employee injury and illness data collection under the partnership 
program may be expanded to include other air carrier employees. This 
expansion of data collection would provide FAA with a more 
comprehensive assessment of the overall safety and health hazards 
present within the air carrier industry rather than limiting the data 
collection to specific air carrier employees or job functions.

Public Participation in the ASHP Aviation Rulemaking Committee

    The FAA invites members of the public to serve on the ASHP Aviation 
Rulemaking Committee. The committee will serve as the steering 
committee, provide an oversight role, receive data evaluation results, 
and provide advice and recommendations to the FAA to assist the agency 
in determining if the FAA should take additional measures to address 
safety and health issues in air carrier operations. The committee acts 
solely in an advisory capacity. The committee will discuss and present 
input, guidance, and recommendations

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considered relevant to the ultimate disposition of issues.
    Because of the diversity and complexities of the air carrier 
industry, the committee will be structured with a steering committee 
with the FAA as the chairperson. The steering committee will consist of 
members selected by the FAA, including aviation associations, industry 
representatives, employee unions, the FAA and other government entities 
(such as OSHA), and other participants, to provide a balance of views, 
interests, and expertise. Membership on the committee will be limited 
to facilitate discussions. Priority will be given to those applicants 
representing an identified segment of the air carrier community who are 
empowered to speak for that segment.
    Other subcommittees or work groups may be established if required.
    All non-Government representatives serve without Government 
compensation and bear all costs related to their participation on the 
committee or work groups. Members and participants should be available 
to attend all scheduled committee or work group meetings for the 
duration of the committee activities.
    The first meeting of the committee will be scheduled as soon as 
possible after the comment period is expired. Work groups will be 
scheduled as determined by the committee and work group members to 
provide information and meet schedule requirements.
    Make your request to participate in the ASHPP and/or on the 
committee, in writing, on or before March 31, 2003. Your request should 
provide the following information:

--Contact information (name, company and position, address, phone, 
facsimile, and e-mail)
--Segment(s) of the industry or organization/association you represent
--Experience, subject expertise, or other background information

    The FAA will notify all selected members and participants, in 
writing, in advance of the first meeting. Additional information on the 
committee, membership, dates, and other information may be obtained on 
the FAA ASHP Web site at http://www.faa.gov/avr/afs/osha/ashp.cfm.
    Commenters should be as specific as possible and provide as much 
detail in comments as necessary to facilitate decisionmaking. The FAA 
anticipates that the comments provided in response to this voluntary 
ASHPP and ASHP Aviation Rulemaking Committee will assist the FAA in 
considering options to address and enhance the safety and health of 
employees in the air carrier industry.

    Issued in Washington, DC on February 26, 2003.
Louis C. Cusimano,
Deputy Director, Flight Standards Service.
[FR Doc. 03-5000 Filed 3-3-03; 8:45 am]
BILLING CODE 4910-13-U