[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27527-27528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4361]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2005-23438]


Notice of Request for Public Comments on Interpretation of the 
On-Demand Flight Time and Rest Period Rules

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice, request for comments.

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SUMMARY: The FAA has received several related requests for 
interpretation of the On-Demand Flight and Rest Rules, 14 CFR Sections 
121.263(d) and 121.267(b), (d) and (e). The FAA has decided that it 
would be beneficial to request public comments on the requesters' 
questions, before the FAA issues its responses. See Notice of 
Reinstatement of 1980 Public Comment Procedures for Requests for 
Interpretation of Flight Time, Rest and Duty Period Regulations (70 FR 
74863, Dec. 16, 2005). Copies of the requests from members of the 
public can be found at the DOT public electronic docket, using the 
docket number FAA-2005-23438.

DATES: Comments must be received on or before July 10, 2006.

ADDRESSES: 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 the docket number FAA-
2005-23438 at the beginning of your comments, and you should submit two 
copies of your comments. If you wish to receive confirmation that FAA 
received your comments, include a self-addressed, stamped postcard.
    You may also electronically submit comments through the Internet to 
http://dms.dot.gov. You may review the public docket containing 
comments concerning this document 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 public dockets on the Internet at http://dms.dot.gov.

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

Background

    The FAA has received several related requests for interpretation of 
sections 135.263(d) and 135.267(b), (d), and (e). The FAA has 
previously issued interpretations on some, but no all, of the 
questions. The Agency will take into consideration in developing its 
responses the public comments it receives. For example, in its 
response, the FAA intends to clarify two issues on which it has 
previously stated an opinion, namely: (1) Whether late arriving 
passengers or cargo may be considered an unforeseen circumstance or 
circumstance beyond the certificate holder's or crewmember's control 
under section 135.263(d); and (2) whether the rest period under section 
135.267(d) must be timely received. The Agency will consider whether to 
recede from statements or suggestions in prior interpretations that 
late arriving passengers or cargo are an unforeseen circumstance, 
because such statements or suggestions may not represent good safety 
policy. The Agency will also consider whether to recede from statements 
or suggestions that the implied 14-hour test period, because such 
statements or suggestions may not represent a valid interpretation of 
section 135.267(d).

Requesters' Questions

    The requests for interpretation of the On Demand Flight Time and 
Rest Rules raised the questions set forth below. To put these questions 
in full context, respondents should look at the letters from the 
members of the public that are posted on the DOT public electronic 
docket.
    No. 1 (William Gruening): Scenario/Questions: The crew receives a 
10-hour rest period and is scheduled for a 14-hour duty day, starting 
at 0600, with the first flight at 0700. Total scheduled flight time for 
the day is 5 hours. They do not receive 10 consecutive hours of rest 
during the day. The last flight is scheduled to arrive at home base at 
1930, and the crew has 30 minutes to complete [post flight] duties. 
They are scheduled to be off duty at 2000. The certificate holder wants 
to invoke section 135.263(d) (``circumstances beyond the control'') for 
the last flight for any of the following reasons: (a) Passengers are 
caught in traffic, (b) there is a 1 hour ground hold for weather, (c) 
there is a 1 hour ATC hold in flight, (d) there is a 1 hour delay for 
unscheduled maintenance, or (e) it takes 1 hour longer to taxi out than 
expected. Because of any of the above circumstances, the crew will 
arrive 1 hour late and will not have 10 consecutive hours within the 
preceding 24 hours.
    1. May the crew complete the flight or must they be on the ground 
in time to have 10 hours of rest within the preceding 24 hours, 
consistent with the interpretation of the similar provision in section 
121.471?
    2. If the crew may complete the flight, how must the records be 
documented for record inspections?
    No. 2 (Eagle's Wings Aviation Corp): Scenario/Question: Three 
situations are presented: (1) The passengers or cargo arrive late and 
cause a crew to exceed the duty limit for a charter flight that was 
scheduled to arrive within duty time limits; (2) winds or weather more 
adverse than forecast cause the crew to exceed duty time limits; and 
(3) the passengers on a passenger charter flight request a change in 
itinerary or an additional stop and cause the crew to

[[Page 27528]]

exceed scheduled completion time and exceed the duty time limit.
    Does section 135.263(d) excuse a certificate holder or pilot from 
exceeding the 14-hour duty time limitation in the above situations?
    No. 3 (SamaritansAir, Aviation Consultants): Scenario/Questions: A 
pilot is required to respond to a pager and be at the airport within 30 
minutes of the page. He is also required to be ``on call'' at the 
airport starting from 0700. The ``call'' may not come in until 1600. 
His duty time is considered to start at 1600 and continues until 0600 
the next day.
    1. May the pilot perform the above operation without an 
uninterrupted rest period ``free from all restraint'' from the 
certificate holder?
    2. May a Part 135 pilot fly under Part 91 rules for a 
``reposition'' or ``ferry'' flight with non-essential flight crew or 
passengers on board who are non-paying ``customers'' of the 
certificate-holder, when the ``sole'' intent is to circumvent the 14-
hour duty limitation and weather limitations if the flight had to be 
flown under Part 135 rules?
    3. May late arriving passengers be called an ``unexpected'' delay 
as a way to circumvent and extend the 14-hour duty time limitation?
    No. 4 (Era Aviation): Scenario/Questions: A Part 135 (one pilot 
crew) comes on duty at 5:30 a.m. and completes three hours of 
commercial flight time by 15:15 p.m. The operator receives a mission 
for the next day in another state and the pilot must depart immediately 
to ferry the aircraft to the new location at which he will give it to 
the pilot who will fly the new mission. At that point, the pilot 
ferrying the aircraft will be free of any duty with the carrier for a 
week.
    1. If it becomes necessary to deliver the aircraft to the new 
pilot, may the ferry pilot overfly the 14-hour duty day which began at 
5:30 a.m., assuming he will be off duty for a week upon delivering the 
aircraft?
    2. If it becomes necessary to deliver the aircraft to the new 
pilot, may the ferry pilot overfly his original eight hours of flight 
time, assuming he will be off duty for a week upon delivering the 
aircraft?
    3. Is the assumption correct that all flight time following the 
original three hours flown under Part 135 may be considered Part 91 
flight time and thus free of Part 135 restrictions?
    4. Is the assumption correct that all duty after the original Part 
135 duty period that ended at 12:30 p.m. may be considered non-Part 135 
duty, and thus free of Part 135 restrictions?
    No. 5 (Kyle Opp): Scenario/Questions: A 2-pilot crew receives 24 
hours free of duty [on Day 1]. Duty time starts 1 hour prior to 
scheduled departure, and ends 30 minutes after actual arrival time. 
Duty time includes 1 hour before scheduled departure and 30 minutes 
after actual arrival. On Day 2 duty time started at 0700z. The 
scheduled and actual data are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Duty time  at
                   Scheduled                                 Actual                 Flight time       arrival
----------------------------------------------------------------------------------------------------------------
Leg 1 0800-1000...............................  0900-1100.......................             2.0            4:00
Leg 2 1300-1430...............................  1415-1545.......................             1.5            8:45
Leg 3 1730-2000...............................  1900-2130.......................             2.5           14:30
Scheduled: 13.5 hrs...........................  Actual: 15 hrs..................  ..............  ..............
----------------------------------------------------------------------------------------------------------------

    1. Is the crew prohibited from taking off or boarding Part 135 
passengers knowing they will exceed their 14-hour duty day and will 
actually arrive without the required lookback rest within the previous 
24 hours?
    2. Can it still be ``circumstances beyond the control of the 
operator'' when the operator and crew has the knowledge that Leg 3 
while on the ground using actual flight/arrival times knows they will 
violate the lookback rest requirements? If they proceed anyway, under 
what section would the FAA take enforcement action?
    3. Can the 30 minutes of duty time after actual arrival be waived 
by the crew, even if it is proscribed in the FAA approved operations 
manual? If not, must the crew calculate that into the final leg to 
insure they return with at least 30 minutes left in their duty period?

Comments

    Your comments should address the 6 points raised below. Responses 
that include these elements provide the FAA a meaningful basis for 
determining its final responses.
    1. What are your views on how the FAA should answer the requesters' 
questions stated above?
    2. What are your views on how the FAA intends to address the issues 
about late arriving passengers or cargo being an unforeseen 
circumstance under section 135.263(d) and the timely receipt of section 
135.267(d) rest?
    3. What industry operational practices support your views? Please 
provide documentation of such practices.
    4. What is the safety policy that supports your views or practices?
    5. What regulatory history supports your position?
    6. In your opinion, are there any prior FAA interpretations that 
are controlling or that are at least instructive on the matter?

    Issued in Washington, DC on May 5, 2006.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 06-4361 Filed 5-10-06; 8:45 am]
BILLING CODE 4910-13-M