[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Rules and Regulations]
[Pages 3831-3837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1211]



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  Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules 
and Regulations  

[[Page 3831]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135

[Docket No.: FAA-2009-0023; Amendment No.: 135-122]
RIN 2120-AJ32


Crew Resource Management Training for Crewmembers in Part 135 
Operations

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: This final rule requires all certificate holders conducting 
operations under part 135 to include in their training programs crew 
resource management training for crewmembers, including pilots and 
flight attendants. This final rule is needed to ensure that crewmembers 
in part 135 operations receive training in the use of crew resource 
management principles, as appropriate for their operation. This final 
rule responds to National Transportation Safety Board recommendations, 
addresses a recommendation from the Part 125/135 Aviation Rulemaking 
Committee, and codifies current FAA guidance. The intended effect of 
this final rule is to reduce the frequency and severity of errors that 
are crew based, which will reduce the frequency of accidents and 
incidents within the scope of part 135 operations.

DATES: This final rule becomes effective March 22, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this final rule, contact Nancy Lauck Claussen, Air Transportation 
Division, AFS-200, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone: 202-267-8166; e-mail: 
[email protected]. For legal questions concerning this final 
rule, contact Anne Bechdolt, Office of the Chief Counsel, AGC-200, 
Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: 202-267-3073; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. This rulemaking is promulgated 
under the authority described in 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promulgate regulations and minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security.

II. Background

A. Summary of Notice of Proposed Rulemaking (NPRM)

    Crew Resource Management (CRM) training is the incorporation of 
team management concepts in flight operations. This training focuses on 
communication and interactions among pilots, flight attendants, 
operations personnel, maintenance personnel, air traffic controllers, 
flight service stations, and others. CRM also focuses on single pilot 
communications, decision making and situational awareness. On May 1, 
2009, the FAA published an NPRM proposing to require all part 135 
certificate holders required to have training programs under 14 CFR 
135.341 to implement CRM training for pilots and flight attendants in 
part 135 operations.\1\ See 74 FR 20263 (May 1, 2009). The comment 
period for the NPRM closed on September 28, 2009.
---------------------------------------------------------------------------

    \1\ This requirement does not extend to part 135 operators with 
only one pilot.
---------------------------------------------------------------------------

    The intent of the NPRM was to create uniform standards for CRM 
training in part 135 operations by codifying existing guidance material 
in Advisory Circular (AC) 120-51E, Crew Resource Management Training, 
(Jan. 22, 2004), and AC 00-64, Air Medical Resource Management, (Jan. 
22, 2005). The FAA determined this was necessary following a review of 
268 accidents in part 135 operations that occurred between 1998 and 
2008. Of these 268 accidents, 24 were directly related to ineffective 
CRM and resulted in 83 fatalities and 12 serious injuries. The NPRM 
also addressed National Transportation Safety Board (NTSB) 
recommendations A-01-12, A-03-52,\2\ and A-95-124, in addition to 
recommendations from the part 125/135 Aviation Rulemaking Committee 
that all pilots in part 135 operations be proficient at mastering the 
resources available to them while managing many operational factors.
---------------------------------------------------------------------------

    \2\ The NPRM exceeded the requirements outlined in NTSB 
recommendation A-03-52, which only addressed CRM training for dual-
pilot operations in part 135. The FAA determined that CRM issues are 
not limited to dual-pilot operations, but rather, as indicated by 
the accident review, extend to all operations. Therefore, the FAA 
decided it was necessary to require CRM training for crewmembers 
conducting either dual- or single-pilot operations under part 135.
---------------------------------------------------------------------------

B. Summary of Comments

    The FAA received seven comments on the proposed rule. Commenters 
include the Air Line Pilots Association (ALPA), Century CRM, LLC, 
Helicopter Association International (HAI), NTSB, Scientific Alliance 
for Education, and 2 individuals. All comments were generally 
supportive of requiring CRM training for crewmembers in part 135 
operations. Additionally, some comments discussed increasing the 
requirements for certain provisions in the proposal, such as 
establishing minimum programmed hour requirements for training, and 
prohibiting credit for previous CRM training when a crewmember changes 
employers. One of the comments resulted in a substantive change to the 
proposed requirements, as discussed below.

C. Summary of Final Rule

    The final rule requires certificate holders to establish initial 
and recurrent CRM academic training programs for crewmembers within 2 
years of the effective date of the rule. At a minimum, the CRM training 
programs must address the authority of the pilot in command, 
communication processes, building and maintaining a flight team, 
managing workload and time, maintaining situational awareness, 
recognizing and mitigating fatigue and stress, and mastering 
aeronautical decision-making skills based on the certificate holder's 
operating environment. Some credit may be given

[[Page 3832]]

for CRM training provided to crewmembers before the effective date of 
this rule under a voluntary CRM training program developed by 
certificate holders in accordance with AC 120-51E and AC 00-64.

III. Discussion of Final Rule and Comments

    In the final rule, the FAA has retained all the requirements as 
proposed with one exception. The NTSB did not support the provision in 
the proposed rule that allowed part 135 operators to waive the 
requirement to provide initial CRM training to crewmembers who have 
previously received initial CRM training from another operator. The 
NTSB stated that such a provision would not be consistent with CRM 
training requirements for part 121 operators, and, in the interest of 
safety, should not be allowed for part 135 operations. The NTSB further 
supported this position by stating that part 135 operations are 
characterized by a wide range of operational environments, 
applications, aircraft and automation capabilities, and crew 
complements. As a result, CRM training programs may vary widely among 
operators. To ensure the crewmember is familiar with its operator's 
processes and procedures, NTSB asserted that initial CRM should be 
provided to crewmembers when transitioning to a new certificate holder. 
The NTSB recommended the FAA withdraw the provision that would allow 
certificate holders to waive the requirement for initial CRM training 
for crewmembers who have received initial CRM training from another 
part 135 operator.
    Upon further review, the FAA has removed the language that allows 
certificate holders to waive the requirement for initial CRM training 
for crewmembers who have received initial CRM training from another 
operator. Given the unique operating environments of the various part 
135 operators, it is essential that a crewmember receive training on 
the certificate holder's operational environment, procedures, effective 
use of automation capabilities, and communication with fellow 
crewmembers. When a crewmember begins employment with a different part 
135 certificate holder, the crewmember must complete that certificate 
holder's initial CRM training program to ensure the crewmember is 
familiar with the operator's policies and procedures.
    The NTSB also responded to the FAA's request for comments about 
whether there is justification for applying the proposed rule 
differently for intrastate operations in Alaska. The NTSB stated that 
it believed that CRM training would improve safety for all part 135 on-
demand operations, including certificate holders in Alaska. The NTSB 
recommended that the proposed requirements should be applied to 
certificate holders conducting operations in Alaska.
    The FAA agrees with the NTSB regarding the application of the 
requirements for CRM training. Of the 24 accidents that the FAA 
identified as directly related to ineffective CRM, one-third of the 
accidents occurred in Alaska. Therefore, the FAA has retained the 
language proposed in the NPRM. There is no exception for certificate 
holders conducting intrastate operations in Alaska.
    ALPA supported the proposal and also recommended integrating CRM 
into flightcrew member job performance training as a tool to minimize 
the consequences of human error and to improve flightcrew performance. 
ALPA also agreed with the FAA that CRM training is appropriate for both 
pilots of single and multi-crew operations conducted under part 135. 
ALPA suggests the FAA require that individuals providing CRM training 
be employees of the air carrier. ALPA asserts this would ensure the 
instructors are familiar with the air carrier's culture, policies and 
procedures, as opposed to a contracted instructor. As with the CRM 
requirements for part 121 operations, the requirements in this final 
rule allow each operator the flexibility to design a training program 
that can meet the curriculum requirements via academic training and 
does not require job performance training. As recognized by HAI, these 
requirements allow ``significant flexibility to allow training to be 
customized to the specific needs of individual operators.'' For some 
operators, it may be appropriate to incorporate CRM training in their 
job performance training curriculums. This may not be necessary for all 
operators, however, because of the size of their operations. At a 
minimum, CRM training elements must be completed in initial and 
recurrent academic training. This final rule does not preclude an 
operator from incorporating CRM training into its job performance 
training curriculum if the operator determines it is necessary based on 
the complexity of its operations.
    The FAA has not required that all CRM instructors be employed by 
the air carrier. The FAA believes that the current requirements for 
instructors are appropriate. As with any other academic training, 
whether or not an instructor is a direct employee of the part 119 
certificate holder or the employee of a part 142 certificate holder 
does not relieve the instructor or the certificate holder from the 
requirement in 14 CFR 135.323 that all instructors must be properly 
qualified to conduct the training in the certificate holder's training 
program.
    The FAA also received a comment from a commercial provider of CRM 
training, Century CRM, LLC. Century CRM, LLC supported adoption of the 
provisions in the NPRM with regard to requiring CRM training for part 
135 operators, recognizing that CRM and human factors training are 
crucial to flight safety. In addition, Century CRM recommended that the 
FAA establish a minimum programmed hour requirement for CRM training to 
cover the required CRM training topics.
    The amount of CRM training that is necessary for each certificate 
holder may vary based on the complexity of the operations. Therefore, 
similar to the CRM training requirements for part 121 operators, the 
FAA has not established a minimum programmed hour requirement for CRM 
for part 135 operators. In evaluating and approving part 135 CRM 
training programs, the FAA will consider instructional techniques, the 
number of students in a class, the use of performance-based scenarios, 
new training technology, the use of student feedback, the measurement 
of training outcomes, as well as the time necessary to accomplish the 
training requirements for each certificate holder.
    The FAA is adopting the rule as proposed, with the exception that 
certificate holders will not be permitted to give credit for initial 
CRM training to new employees who have received initial CRM training 
with another operator. Within 2 years after the effective date of this 
rule, a certificate holder conducting part 135 operations is prohibited 
from using a crewmember unless that person has completed the 
certificate holder's approved initial CRM training.
    Under the final rule, initial and recurrent CRM academic training 
must be provided to crewmembers in part 135 operations. At a minimum, 
the training must address the authority of the pilot in command, 
communication processes, building and maintaining a flight team, 
managing workload and time, maintaining situational awareness, 
recognizing and mitigating fatigue and stress, and mastering the 
aeronautical decision-making skills tailored to the certificate 
holder's operations. This training is in addition to current training 
requirements for crewmembers under part 135. In evaluating and

[[Page 3833]]

approving part 135 CRM training programs, the FAA will consider 
instructional techniques, the number of students in a class, the use of 
performance-based scenarios, new training technology, the use of 
student feedback, the measurement of training outcomes, as well as the 
number of hours of training time.

Paperwork Reduction Act

    This final rule will impose the following new information 
collection requirements. As required by the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507(d)), the FAA has submitted these information 
collection amendments to OMB for its review. Notice of OMB approval for 
this information collection will be published in a future Federal 
Register document.
    Title: Crew Resource Management Training for Crewmembers in Part 
135 Operations.
    Summary: This final rule requires CRM training for crewmembers in 
14 CFR part 135 operations. This final rule is necessary to ensure that 
crewmembers in part 135 operations receive training and practice in the 
use of CRM principles, as appropriate for their operation. The intended 
effect of this final rule is to reduce the frequency and severity of 
errors that are crew-based, which will reduce the frequency of 
accidents and incidents within the scope of part 135 operations.
    Use of: This project is in direct support of the Department of 
Transportation's Strategic Plan--Strategic Goal--SAFETY; i.e., to 
promote the public health and safety by working toward the elimination 
of transportation-related deaths and injuries. This clearance reflects 
requirements necessary under Title 14 CFR part 135 to ensure safety-of-
flight by making certain that complete and adequate training is 
provided and maintained by those who operate under this part of the 
regulation. The FAA will use the information it collects and reviews to 
ensure compliance and adherence to regulations and, where necessary, to 
take enforcement action on violators of the regulations.
    Respondents (including number of): The FAA estimated that there are 
1,625 certificate holders who are required to provide information in 
accordance with the final rule. The respondents to this proposed 
information requirement are certificate holders using the training 
requirements in 14 CFR part 135.
    Frequency: The FAA estimated that certificate holders will have a 
one time information collection and will then collect or report 
information occasionally thereafter.
    Annual Burden Estimate: This rulemaking results in a 10-year 
recordkeeping and reporting burden as follows:

                        Summary of Time and Costs
                                [10-Year]
------------------------------------------------------------------------
                                               Cost            Hours
------------------------------------------------------------------------
Development and submission of CRM            $302,260.00         8,636.0
 Training Program.......................
Crewmember Training Record Keeping......       65,540.50         1,872.5
                                         -------------------------------
    Total...............................      367,800.50        10,508.5
------------------------------------------------------------------------

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA submitted a copy of the new information collection 
requirements in this final rule to the Office of Management and Budget 
for its review.
    An agency may not collect or sponsor the collection of information, 
nor may it impose an information collection requirement unless it 
displays a currently valid OMB control number.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

IV. Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

Economic Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this rule. We suggest readers seeking greater 
detail read the full regulatory evaluation, a copy of which we have 
placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this rule: 
(1) Has benefits that justify its costs; (2) is not an economically 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866; (3) is not ``significant'' as defined in DOT's 
Regulatory Policies and Procedures; (4) will not have a significant 
economic impact on a substantial number of small entities; (5) will not 
create unnecessary obstacles to the foreign commerce of the United 
States; and (6) will not impose an unfunded mandate on State, local, or 
Tribal governments, or on the private sector by exceeding the threshold

[[Page 3834]]

identified above. These analyses are summarized as follows.

Total Benefits and Costs of This Rule

    As seen in Table 1, the cost of this rule is $12.749 million 
($9.015 million in present value terms using a 7 percent discount 
rate). Using a 25 percent accident rate reduction in which causal 
factors involved CRM training, the benefits are $32.261 million 
($21.021 million in present value terms using a 7 percent discount 
rate). The net benefits from the rule will be $19.512 million ($12.016 
million in present value terms using a 7 percent discount rate).

                                     Table 1--Summary of the Total and Present Value CRM Training Costs and Benefits
                                                     [Rounded to the nearest thousand 2010 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Total costs                     Total benefits                     Benefits--costs
                      Year                      --------------------------------------------------------------------------------------------------------
                                                   Total     P.V. 7%    P.V. 3%     Total     P.V. 7%    P.V. 3%      Total       P.V. 7%      P.V. 3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011...........................................     $1,177     $1,101     $1,143         $0         $0         $0     ($1,177)     ($1,101)     ($1,143)
2012...........................................      1,870      1,634      1,762          0          0          0      (1,870)      (1,634)      (1,762)
2013...........................................      1,133        924      1,037      4,032      3,292      3,690       2,899        2,368        2,653
2014...........................................      1,155        881      1,026      4,032      3,076      3,583       2,877        2,195        2,557
2015...........................................      1,177        839      1,016      4,032      2,875      3,478       2,855        2,036        2,462
2016...........................................      1,200        799      1,005      4,032      2,687      3,377       2,832        1,888        2,372
2017...........................................      1,223        761        995      4,032      2,511      3,279       2,809        1,750        2,284
2018...........................................      1,247        726        984      4,032      2,347      3,183       2,785        1,621        2,199
2019...........................................      1,271        691        974      4,032      2,193      3,091       2,761        1,502        2,117
2020...........................................      1,296        659        964      4,032      2,050      3,001       2,736        1,391        2,037
                                                --------------------------------------------------------------------------------------------------------
    Total......................................     12,749      9,015     10,906     32,261     21,031     26,681      19,512       12,016       15,775
--------------------------------------------------------------------------------------------------------------------------------------------------------

Aviation Industry Affected

    The rule will affect part 135 certificate holders who are required 
to have an approved training program. In 2009, there were 1,625 part 
135 operators that employed 25,033 crewmembers, of which 24,447 were 
pilots and 586 were flight attendants.

Period of Analysis

    We used a 10-year time period (2011-2020) to calculate the CRM 
training costs and benefits from CRM training. A 10-year period of 
analysis is sufficient to determine costs and benefits because much of 
the costs are front-loaded.

Risk of an Accident Caused by the Absence of CRM Training

    We evaluated part 135 accidents from March 20, 1997 through March 
7, 2008. During this time period, there were 24 accidents (18 involving 
airplanes and 6 involving helicopters) with causal factors directly 
related to a lack of effective CRM. These accidents were responsible 
for 83 fatalities (66 involving airplanes and 17 involving helicopters) 
and 12 serious injuries (all involving airplanes).
    Further, of the 18 airplane accidents, 8 involved single-pilot 
operations and 10 involved dual-pilot operations. All 6 of the 
helicopter accidents involved single-pilot operations. The individual 
accident histories are in the Final Regulatory Evaluation, which is in 
the docket.

Assumptions and Data Used To Estimate Benefits

    The values are $6 million for a prevented fatality, $2.015 million 
for a prevented serious injury, and $53,000 for a minor injury.

Potential CRM Training Effectiveness and Benefits

    We reviewed all part 121 accidents contained in the NTSB data base 
between 1988 through 2007 involving the same causal factors relevant to 
CRM and divided them into accidents occurring from 1988 through 1997, 
and accidents occurring after 1997, the effective date of the CRM 
training requirement for certificate holders conducting operations 
under 14 CFR part 121. We then calculated the CRM training-related 
accident rates for these two groups and found that the accident rates 
decreased from 0.0000206 to 0.0000182 (an 11.65 percent decline) and 
the accident rate for all fatal accidents decreased from 0.0000048 to 
0.0000036 (a 25 percent decline). Although these rate reductions are 
not statistically significant due to the infrequency of these 
accidents, they can be useful in establishing an upper bound for the 
potential CRM training effectiveness rate for part 135 operations.
    In order to illustrate the potential part 135 CRM training 
benefits, we applied the part 121 accident rate reductions of 25 
percent for fatal accidents and 11.65 percent for non-fatal accidents 
to the 24 CRM-related part 135 accidents. Had the CRM training rule 
been effective in 1997 for all certificate holders conducting 
operations under part 135 that are required to have an approved 
training program, it could have prevented 2.75 of these fatal airplane 
accidents involving 16.5 fatalities and 2.25 serious injuries, as well 
as 1 fatal helicopter accident involving 4.25 fatalities. It also could 
have prevented 1 non-fatal airplane and helicopter accident. On that 
basis, the rule could have prevented 3.75 fatal accidents involving 
20.75 fatalities and 2.25 serious injures.
    Applying the DOT values to all of the accidents hypothetically 
prevented, an upper-bound quantified benefit of about $121 million, 
which has a present value of about $84 million using a 7 percent 
discount rate, would have resulted had the rule been in effect since 
1997.

Compliance Cost Assumptions

    Current industry practice is the baseline for the incremental 
compliance costs.
    Each operator will provide training for its employees because CRM 
training is classroom training that will be incorporated into the 
current initial and recurrent academic training programs required by 
existing rules.
    All 26 large operators with more than 100 crewmembers and 10 
percent of the 400 operators with 10-99 crewmembers (40 operators) 
already provide CRM training and will incur minimal compliance costs.
    The FAA estimates that 360 of the medium-sized operators and all of 
the 1,199 small operators with fewer than 10 crewmembers currently do 
not provide CRM training. These operators will incur compliance costs.

[[Page 3835]]

    The average cost to develop a CRM training program will be $1,170 
for a medium-sized operator and $680 for a small operator.
    Current pilots and future new pilots in medium-sized operations 
will need 4 hours for initial CRM training while those in small 
operations will need 3 hours.
    Current flight attendants and future new flight attendants will 
need 2 hours for initial CRM training.
    Annual recurrent CRM training will take one-half of the time that 
initial CRM training would require.
    There will be an average of 10 pilots in an initial or recurrent 
CRM training session for a medium-sized operator and an average of 3.66 
pilots for a small operator.
    There will be an average of 3.92 flight attendants in an initial or 
recurrent CRM training session for a medium-sized operator and an 
average of 1.1 flight attendants for a small operator.
    The average cost for an initial CRM pilot training session will be 
$1,293 for a medium-sized operator and $428 for a small operator.
    The average cost for an initial CRM flight attendant training 
session will be $207 for a medium-sized operator and $94 for a small 
operator.
    The average cost for recurrent CRM pilot training will be $647 for 
a medium-sized operator and $214 for a small operator.
    The average cost for recurrent CRM flight attendant training will 
be $104 for a medium-sized operator and $47 for a small operator.
    Initial CRM training for crewmembers new to part 135 employment as 
well as initial CRM training for crewmembers who change employers 
within part 135 operators will be done on a one-to-one basis with the 
trainer. The average cost will be $208 per new pilot hire for medium-
sized operators and $156 for small operators. The average cost will be 
$76 per new flight attendant hire for medium-sized and small operators.

Compliance Costs

    Based on those data and assumptions, as shown in Table 2, we 
estimated that the rule from 2011 through 2020 would have a total cost 
of $12.749 million, which would have a present value of $9.015 million 
using a 7 percent discount rate, and a present value of $10.906 million 
using a 3 percent discount rate.

                       Table 2--Summary of the Total CRM Training Costs by Source of Cost
                                               [2011 through 2020]
                                 [Rounded to the nearest thousand 2010 dollars]
----------------------------------------------------------------------------------------------------------------
                                                                               Total costs
                                                        --------------------------------------------------------
                     Source of cost                                           Present value      Present value
                                                              Nominal              (7%)               (3%)
----------------------------------------------------------------------------------------------------------------
EXISTING OPERATOR CRM PLAN.............................             $1,177             $1,101             $1,143
NEW OPERATOR CRM PLAN..................................                345                234                290
EXISTING PILOT TRAINING................................              1,621              1,415              1,527
NEW PILOT TRAINING.....................................              1,513              1,015              1,267
JOB-TRANSFERRED PILOT TRAINING.........................                882                582                733
PILOT RECURRENT (ANNUAL) TRAINING......................              7,135              4,617              5,881
FLIGHT ATTENDANT TRAINING..............................                 76                 51                 65
                                                        --------------------------------------------------------
    TOTAL..............................................             12,749              9,015             10,906
----------------------------------------------------------------------------------------------------------------

Cost-Benefit Comparison

    As presented earlier, an upper-bound estimate of the quantified 
benefits using a $6 million value for a prevented fatality would be 
$121 million, which would be larger than the undiscounted compliance 
cost of $12.75 million.
    An alternative way of looking at the cost-benefit analysis is that 
if the rule were to prevent only 2 fatalities and 1 serious injury 
during this 10-year period, the rule would be cost beneficial.
    Finally, we should not overlook the fact that 9 out of 9 operators 
we surveyed already provide CRM training. Thus, these operators have 
already made an implied internal cost-benefit analysis that the 
benefits from CRM training are worth its costs.
    For those reasons, we conclude that the CRM training rule would be 
cost beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide-range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear. Based on the following, the FAA certifies that this rule would 
not have a significant impact on a substantial number of small 
entities.
    There would be 1,559 small entities employing 11,815 crewmembers 
under the North American Industrial Classification System (NACIS) codes 
481211 (Non-Scheduled Air Services) and 621910 (Ambulance Services) 
that would be affected by the rule. The average number of crewmembers 
would be 7.6. The Small Business Administration (SBA) has established, 
under NAICS code 481211, that all operators with fewer than 1,500 
employees are small businesses. Furthermore, for all operators that 
fall

[[Page 3836]]

under NAICS code 621910, SBA has established that all operators with 
annual receipts of $7 million or less are small businesses. All of the 
operators affected by the rule except one are small businesses.
    This rule will not have a significant economic impact on a 
substantial number of entities because the average initial cost per 
operator is between $680 and $1,170. Further, the average annual cost 
per operator is $450, which is less than one percent of annual 
revenues. The Initial Regulatory Flexibility Assessment had estimated 
similar compliance costs and the FAA received no adverse comments in 
response to its assessment.
    Therefore, as Administrator I certify that this rule will not have 
a significant economic impact on a substantial number of small 
entities.

International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. Pursuant to these Acts, the establishment of 
standards are not considered unnecessary obstacles to the foreign 
commerce of the United States, so long as the standards have a 
legitimate domestic objective, such as the protection of safety, and do 
not operate in a manner that excludes imports that meet this objective. 
The FAA notes the purpose is to ensure the safety of the American 
public, and has assessed the effects of this rule to ensure it does not 
exclude imports that meet this objective. As a result this rule is not 
considered as creating an unnecessary obstacle to foreign commerce.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and Tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $143.1 million in lieu of $100 
million. This rule does not contain such a mandate; therefore, the 
requirements of Title II of the Act do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action does not have a substantial direct effect on the States, or the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and, therefore, does not have federalism implications.

Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the FAA, when modifying its regulations in a manner 
affecting intrastate aviation in Alaska, to consider the extent to 
which Alaska is not served by transportation modes other than aviation, 
and to establish appropriate regulatory distinctions. In the NPRM, we 
requested comments on whether the proposed rule should apply 
differently to intrastate operations in Alaska. We did receive a 
comment from the NTSB recommending that this rule should apply to 
operations in Alaska. We have determined, based on the administrative 
record of this rulemaking, that there is no need to make any regulatory 
distinctions applicable to intrastate aviation in Alaska.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312F and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the 
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://DocketsInfo.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 135

    Air carriers, Aircraft, Aviation safety, Reporting and 
recordkeeping requirements, Safety, Transportation.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends Chapter I of Title 14, Code of Federal 
Regulations, as follows:

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
1. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 41706, 40113, 44701-44702, 44705, 
44709, 44711-44713, 44715-44717, 44722, 45101-45105.


[[Page 3837]]



0
2. In Sec.  135.329, add paragraph (a)(4) to read as follows:


Sec.  135.329  Crewmember training requirements.

    (a) * * *
    (4) Crew resource management training in Sec.  135.330.
* * * * *

0
3. Add Sec.  135.330 to subpart H to read as follows:


Sec.  135.330  Crew resource management training.

    (a) Each certificate holder must have an approved crew resource 
management training program that includes initial and recurrent 
training. The training program must include at least the following:
    (1) Authority of the pilot in command;
    (2) Communication processes, decisions, and coordination, to 
include communication with Air Traffic Control, personnel performing 
flight locating and other operational functions, and passengers;
    (3) Building and maintenance of a flight team;
    (4) Workload and time management;
    (5) Situational awareness;
    (6) Effects of fatigue on performance, avoidance strategies and 
countermeasures;
    (7) Effects of stress and stress reduction strategies; and
    (8) Aeronautical decision-making and judgment training tailored to 
the operator's flight operations and aviation environment.
    (b) After March 22, 2013, no certificate holder may use a person as 
a flightcrew member or flight attendant unless that person has 
completed approved crew resource management initial training with that 
certificate holder.
    (c) For flightcrew members and flight attendants, the 
Administrator, at his or her discretion, may credit crew resource 
management training completed with that certificate holder before March 
22, 2013, toward all or part of the initial CRM training required by 
this section.
    (d) In granting credit for initial CRM training, the Administrator 
considers training aids, devices, methods and procedures used by the 
certificate holder in a voluntary CRM program included in a training 
program required by Sec.  135.341, Sec.  135.345, or Sec.  135.349.

0
4. In Sec.  135.351, revise paragraph (b)(2) to read as follows:


Sec.  135.351  Recurrent training.

* * * * *
    (b) * * *
    (2) Instruction as necessary in the subjects required for initial 
ground training by this subpart, as appropriate, including low-altitude 
windshear training and training on operating during ground icing 
conditions as prescribed in Sec.  135.341 and described in Sec.  
135.345, crew resource management training as prescribed in Sec.  
135.330, and emergency training as prescribed in Sec.  135.331.
* * * * *

    Issued in Washington, DC, on January 11, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-1211 Filed 1-20-11; 8:45 am]
BILLING CODE 4910-13-P