[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Rules and Regulations]
[Pages 8361-8362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02504]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 117, 119, and 121

[Docket No. FAA-2009-1093; Amdt. Nos. 117-1, 119-16, 121-357]
RIN 2120-AJ58


Flightcrew Member Duty and Rest Requirements; Technical 
Correction

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical correction.

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

SUMMARY: The FAA is correcting the final flightcrew member duty and 
rest rule published on January 4, 2012. In that rule, the FAA amended 
its existing flight, duty and rest regulations applicable to 
certificate holders and their flightcrew members operating certain 
domestic, flag, and supplemental operations. This document corrects 
several issues requiring a technical correction in the codified text of 
the final flightcrew member duty and rest rule.

DATES: Effective January 14, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Dale E. Roberts, AFS-200, Flight Standards 
Service, Air Transportation Division Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
5749; email: [email protected].
    For legal questions concerning this action, contact Alex Zektser, 
AGC-220, Office of Chief Counsel, Regulations Division, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-3073; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2012, the FAA published a final rule entitled 
``Flightcrew Member Duty and Rest Requirements'' (77 FR 330). In that 
rule, the FAA created a new part, part 117, which replaced the then-
existing flight, duty, and rest regulations for part 121 passenger 
operations. As part of this rulemaking, the FAA also applied the new 
part 117 to certain part 91 operations, and it permitted all-cargo 
operations operating under part 121 to voluntarily opt into the part 
117 flight, duty, and rest regulations.
    After the final rule was published, the FAA discovered several 
issues requiring a technical correction in the regulatory

[[Page 8362]]

text of the rule. These issues, and the corresponding technical 
corrections, are as follows.

Technical Corrections

1. Reporting a Flight Time Extension

    Subsections 117.11(c)(2) and (d) contain requirements that are 
triggered if the certificate holder uses a flight-time extension for 
circumstances that are within the certificate holder's control. 
However, pursuant to Sec.  117.11(b), a flight-time extension can only 
be taken for unforeseen operational circumstances that are ``beyond the 
certificate holder's control.'' Because a flight time extension cannot 
be taken for circumstances that are within the control of the 
certificate holder, the provisions of Sec.  117.11(c)(2) and (d) are 
unnecessary and have been removed.

2. Applying Sec.  117.19 Extensions to Short-Call Reserve Limits

    The regulatory text of Sec.  117.19 in the final rule permits 
extensions to flight duty periods but does not permit extensions to the 
short-call reserve limits specified in Sec.  117.21(c)(3) and (4). 
Because these short-call-reserve limits were not intended to be more 
stringent than flight-duty-period limits, Sec.  117.19 has been 
corrected to provide an extension for the short-call-reserve limits 
specified in Sec.  117.21(c)(3) and (4).

3. Requirements for the 56-Hour Rest Period

    The regulatory text of Sec.  117.25(d) has been corrected to 
clarify that the rest requirements of that subsection are triggered if 
a flightcrew member: (1) Travels more than 60 degrees longitude during 
a flight duty period or series of flight duty periods; and (2) is away 
from home base for over 168 consecutive hours during this travel.

4. Applying Sec.  117.29 Extensions to Short-Call Reserve Limits

    Similar to the Sec.  117.19 discussion above, Sec.  117.29(b) also 
allows for an extension of flight-duty-period limits but does not allow 
for an extension of short-call-reserve limits. As such, Sec.  117.29(b) 
has been corrected to allow short-call reserve to have the same 
extension as a flight duty period.
    Accordingly, in the final rule, FR Doc. 2011-33078, published on 
January 4, 2012 (77 FR 330), make the following corrections:


Sec.  117.11  [Corrected]

0
1. On pages 399 and 400, in the third column on page 399 and the first 
column of page 400, in Sec.  117.11, revise paragraph (c) and remove 
paragraph (d).
    The revision reads as follows:
    ``(c) Each certificate holder must report to the Administrator 
within 10 days any flight time that exceeded the maximum flight time 
limits permitted by this section. The report must contain a description 
of the extended flight time limitation and the circumstances 
surrounding the need for the extension.


Sec.  117.19  [Corrected]

0
2. On page 400, in the second column, in Sec.  117.19, paragraph (a)(1) 
is revised to read as follows:
    ``(1) The pilot in command and the certificate holder may extend 
the maximum flight duty period permitted in Tables B or C of this part 
up to 2 hours. The pilot in command and the certificate holder may also 
extend the maximum combined flight duty period and reserve availability 
period limits specified in Sec.  117.21(c)(3) and (4) of this part up 
to 2 hours.''


Sec.  117.25  [Corrected]

0
3. On page 401, in the second column, in Sec.  117.25, paragraph (d) is 
revised to read as follows:
    ``(d) A flightcrew member must be given a minimum of 56 consecutive 
hours rest upon return to home base if the flightcrew member: (1) 
Travels more than 60[deg] longitude during a flight duty period or a 
series of flight duty period, and (2) is away from home base for more 
than 168 consecutive hours during this travel. The 56 hours of rest 
specified in this section must encompass three physiological nights' 
rest based on local time.''


Sec.  117.29  [Corrected]

0
4. On page 401, in the third column, in Sec.  117.29, paragraph (b) is 
revised to read as follows:
    ``(b) The pilot-in-command may determine that the maximum 
applicable flight duty period, flight time, and/or combined flight duty 
period and reserve availability period limits must be exceeded to the 
extent necessary to allow the flightcrew to fly to the closest 
destination where they can safely be relieved from duty by another 
flightcrew or can receive the requisite amount of rest prior to 
commencing their next flight duty period.''

    Issued in Washington, DC on January 31, 2013.
Mark W. Bury,
Acting Assistant Chief Counsel for International Law, Legislation, and 
Regulations Division, AGC-200.
[FR Doc. 2013-02504 Filed 2-5-13; 8:45 am]
BILLING CODE 4910-13-P