[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Notices]
[Page 74863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24128]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Reinstatement of 1980 Public Comment Procedures for 
Requests for Interpretation of the Flight Time, Rest and Duty Period 
Regulations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA receives several requests for interpretation of the 
Flight Time, Rest and Duty Period regulations. The FAA has decided that 
it would be beneficial to follow the procedures announced in the May 8, 
1980 Federal Register Notice (45 FR 30424) to request public comments 
on the requesters' questions, before the FAA issues its responses. 
Copies of requests from members of the public will be posted on the DOT 
public electronic docket, using a specified FAA docket number.

DATES: Effective date: January 1, 2006.

FOR FURTHER INFORMATION CONTACT: Constance M. Subadan, Regulations 
Division, AGC-200, Office of the Chief Counsel, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone 202-267-3073.

SUPPLEMENTARY INFORMATION: The FAA has decided to use the public 
comment procedures it announced and described in 1980. Recently, 
Continental Airlines proposed that the FAA reinstate, for all requests 
for interpretation of the flight time, rest and duty period 
regulations, the procedures that were first described and announced in 
1980. Under those procedures, when the FAA received certain requests 
for interpretation of the flight time, rest and duty period 
regulations, the FAA was to provide an opportunity to interested 
persons outside the FAA to present additional facts and to offer their 
expertise on flight time, rest and duty period issues.
    The FAA intends to follow the procedures announced in 1980, subject 
to the following limitations:
    1. Because implementation of the procedures themselves could prove 
to be extremely time consuming and labor intensive, the FAA intends to 
observe them in case presenting new issues, i.e., not for ``repetitive 
type questions.'' See 45 FR at 30425.
    2. Even in situations not involving repetitive type questions, the 
agency specifically recognized that an interpretation could be issued 
immediately, without pre-issuance comments. Id. In such a situation, 
post-issuance comments would be solicited.
    3. As noted in the 1980 document, the agency reserves the right to 
modify or discontinue the use of the procedures at any time at the 
election of the Office of the Chief Counsel. Id.

    Dated: Issued in Washington, DC on December 12, 2005.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 05-24128 Filed 12-15-05; 8:45 am]
BILLING CODE 4910-13-M