[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Proposed Rules]
[Pages 60424-60434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23253]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No.: FAA-2019-0770; Notice No. 22-01]
RIN 2120-AL41


Flight Attendant Duty Period Limitations and Rest Requirements

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action arises out of a statutory mandate in the FAA 
Reauthorization Act of 2018, which requires rulemaking to increase the 
minimum rest period for flight attendants in domestic, flag, and 
supplemental operations who are scheduled for a duty period of 14 hours 
or less. The statute also requires rulemaking to prohibit a reduction 
of the rest period under any circumstances. Consistent with the 
statutory mandate, the FAA proposes to amend its regulations to ensure 
that flight attendants scheduled to a duty period of 14 hours or less 
are given a scheduled rest period of at least 10 consecutive hours and 
that the rest period is not reduced under any circumstances.

DATES: Send comments on or before January 3, 2022.

ADDRESSES: Send comments identified by docket number FAA-2019-0770 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.

[[Page 60425]]

     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building, Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building, Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Daniel T. Ronneberg, Part 121 Air 
Carrier Operations, Air Transportation Division, AFS-220, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591; telephone (202) 267-1216; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    This proposed rule addresses the requirement of section 335(a) of 
the FAA Reauthorization Act of 2018 (the FAARA 2018), codified at 49 
U.S.C. 44701 note. Section 335(a) requires the FAA to conduct 
rulemaking to increase to 10 hours the minimum rest period for flight 
attendants in domestic, flag, and supplemental operations who are 
scheduled for a duty period of 14 hours or less; and to prohibit the 
reduction of the rest period under any circumstances. The FAA's 
existing regulations require only a 9-hour rest period for these flight 
attendants which can be reduced to 8 hours in certain circumstances. 
Consistent with the requirement of section 335(a) of the FAARA 2018, 
the FAA proposes to amend Sec.  121.467(b)(2) and (b)(3) to require 10 
hours of consecutive rest, remove the existing allowance for a 
reduction in rest time, and prohibit the reduction of the 10 hours of 
consecutive rest time under any circumstances.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (U.S.C.). Subtitle I, Section 106 
describes the authority of the FAA Administrator. Section 106(f) vests 
final authority in the Administrator for carrying out all functions, 
powers, and duties of the administration relating to the promulgation 
of regulations and rules.
    Subtitle VII, Aviation Programs, describes in more detail the scope 
of the Agency's authority. Section 44701(a)(4) requires the 
Administrator to promulgate regulations in the interest of safety for 
the ``maximum hours or periods of service of airmen and other employees 
of air carriers.'' Section 44701(a)(5) requires the Administrator to 
promulgate ``regulations and minimum standards for other practices, 
methods, and procedure that the Administrator finds necessary for 
safety in air commerce and national security.'' In addition, 49 U.S.C. 
44701(d)(1)(A) specifically states that the Administrator, when 
prescribing safety regulations, must consider the duty of an air 
carrier to provide service with the highest possible degree of safety 
in the public interest. Such authority applies to the oversight the FAA 
exercises to ensure safety of air carrier operations, including 
crewmember flight, duty, and rest requirements.
    Further, section 335(a) of the FAARA 2018 (Pub. L. 115-254, 132 
Stat. 3186 (Oct. 5, 2018)), codified at 49 U.S.C. 44701 note, requires 
the FAA to amend the flight attendant duty period limitations and rest 
regulation to increase the minimum rest period for flight attendants in 
domestic, flag, and supplemental operations who are scheduled for a 
duty period of 14 hours or less. Section 335(a) also prohibits 
reduction of the rest period under any circumstances.

III. Background

Flight Attendant Requirements

    The FAA defines a flight attendant serving in operations conducted 
under 14 Sec.  part 121 as an individual, other than a flightcrew 
member,\1\ who is assigned by a certificate holder conducting domestic, 
flag, or supplemental operations to duty in an aircraft during flight 
time and whose duties include activities related to ensuring cabin 
safety.\2\ Section 121.391 specifies the minimum number of flight 
attendants required on board a flight, based on maximum payload 
capacity and seating capacity, for certificate holders conducting 
passenger-carrying operations under part 121.\3\
---------------------------------------------------------------------------

    \1\ A ``flightcrew member'' is a pilot, flight engineer, or 
flight navigator assigned to duty in an aircraft during flight time. 
14 CFR 1.1.
    \2\ 14 CFR 121.467(a).
    \3\ 14 CFR 121.391 provides that a certificate holder may, 
however, use more than the required number of flight attendants.
---------------------------------------------------------------------------

    Any person serving as a flight attendant in part 121 operations 
must complete the training and qualification requirements of part 121 
subparts N and O.\4\ These training and qualification requirements 
include specific programmed hours,\5\ as well as airplane type specific 
knowledge and skill requirements.
---------------------------------------------------------------------------

    \4\ 14 CFR 121.392.
    \5\ Under 14 CFR 121.421, ``programmed hours'' refers to hours 
of training or instruction in specific subjects, in a flight 
attendant training program.
---------------------------------------------------------------------------

    Flight attendants are responsible for taking action during 
emergencies, including administering first aid, conducting aircraft 
evacuations, responding to inflight fires, managing medical 
emergencies, and handling passengers who threaten the safety of other 
passengers or might be unruly or disruptive. They must also be prepared 
to respond to situations that could threaten the safety of the 
passengers and the flight, including turbulent air, airplane 
decompression, and hijackings. They must know the location of emergency 
exits, fire extinguishers, first aid kits, flotation devices, oxygen 
masks, and emergency slides, and check emergency equipment before 
flight. They must assess and verify the suitability of passengers that 
occupy exit seating, brief passengers on safety equipment, evacuation, 
and crash landing procedures, and ensure compliance with applicable 
safety regulations.

Advance Notice of Proposed Rulemaking (ANPRM) and Discussion of Public 
Comments

    On September 25, 2019, the FAA published an ANPRM, Flight Attendant 
Duty Period Limitations and Rest Requirements (84 FR 50349). The FAA 
determined that soliciting public input on the regulatory impact of the 
changes to flight attendant duty and rest requirements codified in 
Section 335(a) of the FAARA 2018 was appropriate. The FAA also intended 
for the ANPRM to provide additional avenues for public participation 
and to inform the FAA's analysis and rulemaking development.
    The FAA received 216 comments on the ANPRM. Commenters included 
many individuals, Airlines for America

[[Page 60426]]

(A4A), Endeavor Air, Air Line Pilots Association (ALPA), Transportation 
Trades Department (TTD), Transport Workers Union of America (TWU), 
American Academy of Sleep Medicine (AASM), Association of Flight 
Attendants (AFA), International Brotherhood of Teamsters (IBT), 
International Association of Machinists and Aerospace Workers (IAM), 
and Association of Professional Flight Attendants (AFPA).
    The commenters raised three principal issues: Increased rest 
period, costs, and implementation. A4A and Endeavor Air provided 
information indicating the increased rest period would increase costs 
to certificate holders. ALPA, TTD, TWU, AASM, AFA, IBT, IAM, APFA, and 
many individuals supported the increased rest period, emphasizing the 
roles and responsibilities of flight attendants with regard to aviation 
safety, commenting that flight attendants' performance of their duties 
is fatigue-inducing and that they would benefit from increased rest. 
These commenters also stated that the increased rest would not always 
result in increased costs.

Rest Period

    Many commenters supported increasing the rest period to at least 10 
consecutive hours. AASM stated that providing flight attendants with a 
10-hour minimum rest period should increase their sleep duration and 
subsequent on-the-job alertness and performance. Some commenters went 
further to request that the FAA require flight attendants to receive 
more rest hours, such as a period of 12 hours. Other commenters 
recommended that for every hour of duty, the FAA should require 
certificate holders to provide a flight attendant one hour or one and a 
half hours of rest. In addition, some commenters recommended that the 
rest period should only begin at hotel check-in, to maximize rest.
    Some commenters asked the FAA to consider research on flight 
attendant fatigue and to look generally at its flight, duty, and rest 
scheme for flight attendants. AASM stated that further research is 
required to determine whether the minimum rest period should be 
modified for duty periods that encroach on the biological night. 
Additionally, one individual recommended the FAA review existing 
research on flight attendant fatigue from the Civil Aerospace Medical 
Institute (CAMI) and suggested that the FAA align flight attendant 
flight, duty, and rest requirements with flightcrew members' rest 
schemes.
    A4A and Endeavor Air provided information indicating the increased 
rest period would increase costs to certificate holders. A4A commented 
that flight attendant rest requirements are necessary and that they 
strongly support scientifically validated and data-driven 
countermeasures to prevent fatigue. A4A stated, however, that 
regulations should be limited to implementing only what is required by 
the statute and stated the FAA should incorporate cost mitigation 
measures. A4A also mentioned that the FAA could achieve the safety 
benefits of this regulation effectively and more efficiently through a 
risk-based rule in lieu of prescriptive hours-based requirements.
    The FAA's action to propose this rulemaking complies with the 
requirements of section 335(a) of the FAARA 2018. Accordingly, the FAA 
has scoped this rulemaking to address the discrete, specific statutory 
mandate in section 335(a) and does not propose further amendments to 
flight attendant flight, duty, and rest schemes, as some commenters 
suggested. In addition, the FAA lacks data and supporting research or 
studies that would support a further increase in the rest period.
    The rest requirement provided in this rulemaking is a minimum rest 
requirement. The FAA notes that, while not part of this rulemaking, 
section 335(b) of the FAARA 2018 mandates certificate holders 
conducting operations under part 121 to submit to the FAA flight 
attendant fatigue risk management plans (FRMP), which encompass a risk-
based approach to flight attendant rest consistent with the FAA 
regulations on rest requirements for flight attendants. Certificate 
holders have the option to amend their FRMPs to provide flight 
attendants with more rest than the FAA requires, and nothing in this 
NPRM would preclude a certificate holder from increasing the rest 
period.

Cost

    A4A stated that implementing this proposal would reduce schedule 
flexibility, result in a potential loss of income for flight 
attendants, and increase cost to certificate holders due to new hire 
turnover costs, training costs, scheduling software costs, and travel 
costs. A4A estimated that it would cost $786 million over 10 years for 
the 66 percent of flight attendants who are employed by certificate 
holders that are members of A4A's organization, and estimated $1 
billion over 10 years for all certificate holders. A4A noted that the 
increased rest period may result in flight attendants having ``unpaid 
idle time'' away from their home base, resulting in a reduction in the 
average pay credit per calendar day spent at work. A4A also stated that 
certificate holders will need to plan for 11 hours of rest instead of 
10 hours, in order to ensure an appropriate buffer for delays, and that 
eliminating certificate holders' ability to reduce rest during day-of 
operations will drive extensive additional costs and harm flight 
attendants, who might otherwise choose to stay on duty longer. A4A 
stated that flight attendants may need to change the way they bid for 
schedules and may have to choose between flying longer at night or 
flying more days during the month to get the same hours they are 
getting now. A4A also stated that less senior flight attendants are 
likely to be exposed to trips that are most impacted by the 
implementation of section 335(a) and less desirable schedules, and that 
flight attendants will have fewer days off per month because they will 
have to increase the number of trips they fly each month to maintain 
the same number of flight hours and standard of living they had prior 
to implementing section 335(a).
    A4A further commented that, if a certificate holder does not 
increase its flight attendant scheduling construction and aircraft 
route scheduling buffer, it will simply have to manage the consequences 
and costs of delays that arise out of irregular operations and 
maintenance. In these circumstances, A4A suggested certificate holders 
will have to remove the flight attendants that are about to ``time 
out'' because they have not received the scheduled rest required by 
section 335(a) and must assign other flight attendants (if any are 
available, which might not be the case at many smaller airports) to 
finish the trip while paying both the timed out and active flight 
attendant. In the alternative, A4A mentioned certificate holders might 
push back the departure time of the next flight to which these flight 
attendants are assigned in order to preserve the scheduled rest 
periods, creating a cascading chain of delays.
    Endeavor Airlines provided a chart indicating that compliance with 
the increased rest period would result in initial costs of $205,000 and 
recurring costs of $203,800, based on their estimates for 2020, 2021, 
and 2022. It stated that because planned rest must increase, less daily 
activity would be scheduled, driving fewer days off. It also indicated 
that the increased rest would drive increased costs for software, new 
hires, and training.
    AFA and IBT stated that multiple airlines have already included the 
additional rest that would result from the rule change required by 
section

[[Page 60427]]

335(a) in their contracts. AFA and IBT further state that these 
airlines have implemented the additional rest quickly and without 
incurring additional costs, and that the argument that the increased 
rest is too costly and difficult to implement is without merit. APFA, 
IAM, and TWU stated that it is unlikely that certificate holders would 
undertake any significant costs in implementing a change to a 10-hour 
minimum rest period for flight attendants. These commenters stated 
while some airlines claim possible additional costs, the vast majority 
of flight attendants are guaranteed approximately 10 hours of rest 
today under their existing terms of work. They also mentioned that 
costs of compliance would be minimal, as major certificate holders 
making up over 90 percent of total available seat miles of certificate 
holders affected by the proposed rule already schedule their crews with 
at least 10 hours of rest between shifts. TTD stated that current 
scheduling, operations, and training practices, combined with the fact 
that a number of certificate holders currently operate with 10-hour 
rest periods, means that costs incurred by certificate holders are 
likely to be tempered. TTD expressed skepticism that the rulemaking 
would qualify as an economically significant rule.
    The FAA carefully analyzed the varied comments received on the 
economic impact of the required rulemaking. In the course of analyzing 
these comments to the ANPRM, the FAA determined it needed additional, 
individualized data. As a result, after the ANPRM comment period 
closed, the FAA conducted additional outreach as discussed later in 
this preamble.

Implementation

    Many commenters expressed concern that the FAA is past due on 
rulemaking and implementation of the section 335(a) mandate. APFA, IAM, 
and TWU stated that delay in implementation is inconsistent with 
Congressional requirements and that flight attendants deserved more 
rest, noting the physically demanding aspects of flight attendant 
duties. TTD endorsed the comments filed by APFA, IAM, and TWU and 
called on the FAA to proceed immediately with an interim final rule to 
implement the flight attendant duty period and rest requirements 
mandated by the FAARA 2018, stating that the FAA must not create 
artificial impediments to the promulgation of this urgently needed 
regulatory change. TTD stated that even if the FAA determines that the 
proposed rule is economically significant, that determination should 
have no impact on expeditiously publishing a final rule. TTD further 
stated that by taking aggressive action to apply these fatigue 
protections, the FAA can swiftly improve the safety and security of the 
aviation system. ALPA indicated that it understood that the majority of 
U.S. flight attendants either currently receive 10 hours of rest or 
would receive such rest by the time the FAA issues a final rule, and 
that delay in implementing the rest requirement is not acceptable in 
view of aviation safety and security.
    AFA and other commenters stated they assumed the FAA would allow a 
six-month implementation period. AFA noted that after the FAA published 
the ANPRM (September 2019), Delta Airlines announced its plans to 
implement the new rest period in February 2020. AFA asserted that 
Delta's actions show that certificate holders can implement the new 
provisions in a few months' time. A4A, however, recommended the FAA 
propose and adopt an implementation period of at least 12 months to 
reduce costs.
    Section 335(a) required the FAA, in a narrow timeframe, to modify 
an existing final rule to require that flight attendants receive 
increased rest. The FAA is implementing this rulemaking requirement 
consistent with the Administrative Procedure Act and DOT Order 2100.6A, 
Rulemaking and Guidance Procedures. Regarding comments addressing the 
compliance period, an extended implementation period would be 
inconsistent with the intent of this statutory mandate. Moreover, the 
FAA expects that a delay in the compliance period would only delay the 
realization of both benefits and costs. Additionally, a delay in the 
compliance period of less than a full year would be imperceptible in 
the monetized cost estimates.

Additional Outreach

    The FAA received only limited quantitative information from 
certificate holders estimating costs in response to the questions 
contained in the ANPRM. A4A provided aggregated data, but the FAA 
needed individualized data to complete its regulatory impact analysis 
of the regulatory change required by section 335(a). Therefore, after 
the comment period for the ANPRM closed, the FAA conducted additional 
outreach to nine air carrier certificate holders that would be subject 
to the amended requirements. The FAA's outreach focused on the current 
amount of rest the certificate holder provided flight attendants; the 
impacts from implementing the statutorily mandated rest; and barriers 
to implementing the statutorily mandated rest. The FAA was able to 
gather sufficient data to assess the anticipated impacts of requiring 
the increased rest. Due to the proprietary and confidential nature of 
the information collected from certificate holders, the FAA has 
published this information as aggregated summary results. This NPRM and 
the regulatory evaluation for this proposed rule, however, summarize 
the correspondence with certificate holders and the information the FAA 
received from certificate holders to the extent necessary to inform the 
public of the bases for its proposed determinations in the regulatory 
evaluation.

IV. Discussion of the Proposal

    Currently, certificate holders conducting domestic, flag, and 
supplemental operations must fulfill the flight attendant duty period 
limitations and rest requirements in 14 CFR 121.467. Paragraph (b) of 
Sec.  121.467 provides that a flight attendant scheduled to a duty 
period of 14 hours or less must be given a scheduled rest period of at 
least nine consecutive hours. This rest period must occur between the 
completion of the scheduled duty period and the commencement of the 
subsequent duty period. The certificate holder may schedule or reduce 
the rest period to eight consecutive hours if the certificate holder 
provides a subsequent rest period of at least 10 consecutive hours that 
is scheduled to begin no later than 24 hours after the beginning of the 
reduced rest period.
    Section 335(a) of the FAARA 2018 requires ``[modification of] the 
final rule'' \6\ relating to flight attendant duty period limitations 
and rest requirements to ``ensure that--(A) a flight attendant 
scheduled to a duty period of 14 hours or less is given a scheduled 
rest period of at least 10 consecutive hours; and (B) the rest period 
is not reduced under any circumstances.'' Consistent with the 
requirement of section 335(a) of the FAARA 2018, the proposed rule 
would amend Sec.  121.467(b)(2) and (b)(3) to require certificate 
holders operating under part 121 to provide 10 hours of consecutive 
rest for flight attendants scheduled to a duty period of 14 hours or 
less, remove the allowance for a reduction in rest, and explicitly 
prohibit

[[Page 60428]]

a reduction in the 10 hours of rest. For the reasons described in the 
FAA's response to ANPRM comments on implementation, certificate holders 
would be required to comply with the proposed rule upon the effective 
date, 30 days after publication of the final rule in the Federal 
Register.
---------------------------------------------------------------------------

    \6\ Section 335(a)(1) requires modification of ``the final rule 
of the Federal Aviation Administration published in the Federal 
Register on August 19, 1994 (59 FR 42974; relating to flight 
attendant duty period limitations and rest requirements) in 
accordance with the requirements of this subsection.'' The citation 
to the Federal Register publication refers to the final rule 
implementing the flight attendant duty period limitations and rest 
requirements of Sec.  121.467.
---------------------------------------------------------------------------

V. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. First, Executive 
Order 12866 and Executive Order 13563 direct that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify the 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. 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 that may 
result in the expenditure by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100,000,000 or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $158,000,000, using the 
most current (2020) Implicit Price Deflator for the Gross Domestic 
Product. The FAA has provided a detailed Regulatory Impact Analysis 
(RIA) in the docket for this rulemaking. This portion of the preamble 
summarizes the FAA's analysis of the economic impacts of this proposed 
rule.
    In conducting these analyses, the FAA has determined that this 
proposed rule: Is a ``significant regulatory action'' as defined in 
section 3(f) of Executive Order 12866; may have a significant economic 
impact on a substantial number of small entities; will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
will not impose an unfunded mandate on State, local, or tribal 
governments, or on the private sector.

A. Regulatory Impact Analysis

    This section provides a summary of the FAA's Regulatory Impact 
Analysis (RIA). Please see the RIA available in the docket for the 
rulemaking for more details.
Baseline for the Analysis
    The baseline for analysis of the incremental benefits and costs of 
the proposed rule includes the regulations regarding flight attendant 
rest and existing practices, the affected entities and flight 
attendants, and potential safety and health risks. Again, note that the 
baseline presented in this document predates the coronavirus (COVID-19) 
public health emergency. It is possible that when the rulemaking 
becomes final, the actual conditions for certificate holders may differ 
from the information collected prior to the public health emergency.
    Currently, certificate holders conducting domestic, flag, or 
supplemental operations under 14 CFR part 121 must provide a flight 
attendant scheduled to a duty period of 14 hours or less a scheduled 
rest period of at least 9 consecutive hours. The certificate holder may 
schedule or reduce the rest period to eight consecutive hours if the 
certificate holder provides a subsequent rest period of at least 10 
consecutive hours that is scheduled to begin no later than 24 hours 
after the beginning of the reduced rest period. In response to the 
FAARA 2018 and other circumstances (including that some airlines 
schedule flight attendants to be synchronized with those for pilots), 
12 certificate holders already schedule flight attendants for 10 hours 
of rest. The provision may be reflected in a certificate holder's 
collective bargaining agreement with the flight attendant union.
    The FAA's Safety Performance Analysis System (SPAS) contains 
information on certificate holders conducting operations under part 121 
and the number of flight attendants. Table 1 provides a summary by 
category of carrier.\7\
---------------------------------------------------------------------------

    \7\ SPAS categories are as follows: Majors: Fleet does not 
contain any ``Cargo Only'' configured aircraft; and greater than 25 
percent of fleet are aircraft configured with maximum passenger 
capacity greater than or equal to 100 seats, and fleet size is 
greater than or equal to 400. Nationals: Fleet does not contain any 
``Cargo Only'' configured aircraft, and greater than 25 percent of 
fleet are aircraft configured with maximum passenger capacity 
greater than or equal to 100 seats, and fleet size is less than 400. 
Regionals: Fleet does not contain any ``Cargo Only'' configured 
aircraft, and greater than or equal to 75 percent of fleet are 
aircraft configured with maximum passenger capacity less than 100 
seats. Passenger and Cargo Only: Fleet includes ``Passenger 
configured'' aircraft and ``Cargo Only'' configured aircraft.

                          Table 1--Universe of Affected Entities and Flight Attendants
----------------------------------------------------------------------------------------------------------------
                                                                                                  Average number
                                                                     Number of     Total number      of flight
                            Category                                certificate      of flight    attendants per
                                                                      holders       attendants      certificate
                                                                                                      holder
----------------------------------------------------------------------------------------------------------------
Major...........................................................               4          91,420          22,855
National........................................................              13          21,805           1,677
Passenger and Cargo.............................................               5             703             141
Regional........................................................              21          14,196             676
                                                                 -----------------------------------------------
    Total.......................................................              43         128,124           2,980
----------------------------------------------------------------------------------------------------------------
NVIS = National Vital Information System.
SPAS = Safety Performance Analysis System.
Source: FAA Safety Performance Analysis System (SPAS), SPAS NVIS Air Operator--12/05/2019.

    Bureau of Transportation Statistics data indicate that flight 
attendants serve hundreds of millions of passengers on close to 10 
million flights annually in the United States.\8\ Flight attendants 
perform safety and security functions while on duty in addition to 
serving customers. Voluntary reports submitted by flight attendants to 
the Aviation Safety Reporting System indicate the potential for fatigue 
to be associated with poor performance of safety and

[[Page 60429]]

security related tasks. For example, in 2017, a flight attendant 
reported almost causing the gate agent to deploy a slide, which he/she 
attributed to, among other causes, having been fatigued.\9\ Additional 
examples of voluntary reports regarding flight attendant fatigue are 
included in the RIA. Other reports included poor response to a 
passenger incident and feeling pressure to work despite being fatigued.
---------------------------------------------------------------------------

    \8\ Bureau of Transportation Statistics T-100 Segment (flights) 
and Market (passengers) data. Available online at www.BTS.gov.
    \9\ See Aviation Safety Reporting System Database Online 
(https://asrs.arc.nasa.gov/search/database.html) report 1452656 from 
May 2017.
---------------------------------------------------------------------------

Benefits
    The benefits of the proposed regulation would include reductions in 
safety risks, and any improvements in flight attendant health, that may 
be associated with the increase in flight attendant minimum rest 
periods. Flight attendants must be prepared to respond quickly to 
emergencies including evacuations, crash impacts, post-crash or 
inflight fires, ditching,\10\ runway over runs, security events, and 
similar situations. Commenters on the ANPRM note that the scientific 
bases for fatigue impacts on task performance are well understood, 
although the specific impact to flight attendant task performance has 
not been well-studied. Benefits of increasing the minimum flight 
attendant rest period may accrue through reduced safety risks. However, 
as discussed in additional detail in the RIA, any reductions in safety 
risk are likely to be small since they would also depend on the 
frequency which safety-oriented tasks occur, and currently U.S. air 
carriers experience very few accidents resulting in death or serious 
injury. Additionally, given the potential impact of fatigue on health, 
the proposed rule could also result in health benefits for flight 
attendants.
---------------------------------------------------------------------------

    \10\ Refers to crash-landing into water an aircraft not designed 
for the purpose.
---------------------------------------------------------------------------

    The FAA does not have sufficient data to estimate a baseline level 
of safety risk associated with flight attendant fatigue. In addition, 
it is also difficult to estimate (and the FAA does not have data on) 
the impact of the proposed rule in reducing flight attendant fatigue-
related performance errors (i.e., how outcomes will differ compared to 
under the current rest period). Similarly, because multiple factors 
affect flight attendant health, it is difficult to identify health 
risks specifically attributable to rest period-related fatigue and the 
impact of the proposed rest requirement in reducing that risk.
Costs
    The FAA used data that it collects from certificate holders 
conducting operations under part 121 and information submitted in 
response to the ANPRM, as supplemented or verified through additional 
outreach, to estimate the costs that may be associated with the 
proposed rule. To better understand the ANPRM responses, the FAA 
conducted additional outreach to three major, three national, and three 
regional certificate holders in January and February 2020. This effort 
assisted in applying the ANPRM comment responses to estimate costs.
    The FAA used this data and information to estimate incremental 
costs, including new hires of flight attendants, onboarding, training, 
travel, and modifying crew scheduling software. As some of these 
certificate holders implemented the proposed rest requirement around 
the time the FAARA 2018 was enacted or shortly thereafter, uncertainty 
exists regarding whether implementation occurred due to anticipation of 
the required rule change or other business reasons independent of 
regulatory action. Therefore, the FAA measures the costs of the 
proposed rule from two baselines to capture the different levels of 
incremental effects attributable to the rule, consistent with the 
Office of Management and Budget's (OMB) guidelines: \11\
---------------------------------------------------------------------------

    \11\ The OMB's 2003 guidance on regulatory analysis, Circular A-
4, is available online at: https://obamawhitehouse.archives.gov/omb/circulars_a004_a-4/.
---------------------------------------------------------------------------

     Existing practices baseline--certificate holder practices 
at the time of the proposed rule.
     Pre-statutory baseline--certificate holder practices at 
the time of the FAARA 2018.\12\
---------------------------------------------------------------------------

    \12\ OMB Circular A-4 requires agencies to use a pre-statutory 
baseline for regulatory analysis of statutory requirements (pp. 15 
and 16): ``In some cases, substantial portions of a rule may simply 
restate statutory requirements that would be self-implementing, even 
in the absence of the regulatory action. In these cases, you [the 
agency] should use a pre-statute baseline.''
---------------------------------------------------------------------------

    Table 2 shows the affected entities by category in each baseline 
scenario and the current number of flight attendants.

                 Table 2--Potentially Affected Entities
------------------------------------------------------------------------
                                             Number of
                                            certificate      Number of
                Category                   holders with       flight
                                            incremental     attendants
                                               costs
------------------------------------------------------------------------
Existing Practices Baseline:
    Major...............................               2          41,217
    National............................              11          19,458
    Passenger and Cargo.................               4             437
    Regional............................              14           6,152
                                         -------------------------------
        Total...........................              31          67,264
Pre-statutory Baseline:
    Major...............................               4          91,420
    National............................              12          21,674
    Passenger and Cargo.................               5             739
    Regional............................              15           6,208
                                         -------------------------------
        Total...........................              36         120,041
------------------------------------------------------------------------
1. The number of affected certificate holders does not equal the
  universe (total number) of certificate holders under both baselines
  because some carriers have implemented the rest for other reasons
  (e.g., regional carriers scheduling flight attendants with pilots).

    Table 3 provides the estimates of annualized and present value 
costs using both baselines. The key factor influencing the magnitude of 
the costs is the selection of the relevant baseline for the analysis. 
Note that uncertainties

[[Page 60430]]

exist regarding the characterization of both baselines, as the FAA does 
not have complete information on existing practices or recent changes 
that carriers have made as a result of the FAARA 2018 or in 
anticipation of the rule. In addition, with respect to hires, it can be 
difficult to differentiate impacts due to a requirement to provide 10 
hours of rest that cannot be reduced and other factors including growth 
or other trends. The outreach effort confirmed that the type of 
operations, which are specific to each certificate holder, affect the 
impacts.

                   Table 3--Summary of Estimated Costs
                               [Millions]
------------------------------------------------------------------------
                                            Annualized    5-year present
              Discount rate                    cost            value
------------------------------------------------------------------------
Existing Practices Baseline:
    7%..................................           $67.5          $277.0
    3%..................................            67.3           308.3
Pre-statutory Baseline:
    7%..................................           117.9           483.5
    3%..................................           117.7           538.9
------------------------------------------------------------------------

    Table 4 provides a breakout by category of certificate holder (for 
the seven percent discount rate scenario). The FAA modeled costs per 
certificate holder as a function of the certificate holder's size 
(number of flight attendants). Table 5 shows the estimated increases in 
flight attendants across categories by baseline scenario. These results 
are based on the hiring needs identified by commenters that responded 
to the ANPRM. However, the FAA acknowledges that the input values may 
not be sufficiently representative of the different certificate holders 
in each category.

                           Table 4--Annualized Costs by Category of Certificate Holder
                                          [Millions, 7% discount rate]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Average
                                                                     Number of                      annualized
                            Category                                certificate     Annualized       cost per
                                                                      holders          cost         certificate
                                                                                                      holder
----------------------------------------------------------------------------------------------------------------
Existing Practices Baseline:
    Major.......................................................               2           $45.3           $22.7
    National....................................................              11            17.6             1.6
    Passenger and Cargo.........................................               4             0.3             0.1
    Regional....................................................              14             4.2             0.3
                                                                 -----------------------------------------------
        Total...................................................              31            67.5             2.2
Pre-statutory Baseline:
    Major.......................................................               4            93.6            23.4
    National....................................................              12            19.6             1.5
    Passenger and Cargo.........................................               5             0.5             0.1
    Regional....................................................              15             4.2             0.2
                                                                 -----------------------------------------------
        Total...................................................              36           117.9             2.7
----------------------------------------------------------------------------------------------------------------


       Table 5--Estimated Hiring by Category of Certificate Holder
------------------------------------------------------------------------
                                             Number of      Increase in
                Category                    certificate       flight
                                              holder        attendants
------------------------------------------------------------------------
Existing Practices Baseline:
    Major...............................               2             377
    National............................              11             149
    Passenger and Cargo.................               4               3
    Regional............................              14              36
                                         -------------------------------
        Total...........................              31             565
Pre-statutory Baseline:
    Major...............................               4             836
    National............................              12             166
    Passenger and Cargo.................               5               4
    Regional............................              15              36
                                         -------------------------------
        Total...........................              36           1,043
------------------------------------------------------------------------


[[Page 60431]]

Uncertainty
    There are a number of uncertainties in the analysis. The hiring 
response by major certificate holders has potentially the largest 
impact on costs. The FAA is also uncertain about the extent to which 
airlines use flexible scheduling, and requests data and information 
from the public regarding how flexible scheduling is used. For example, 
reducing the hiring assumption for these certificate holders by half 
reduces estimated costs by over 30 percent. A key uncertainty exists 
regarding any lingering or lasting changes to the industry following 
the COVID-19 public health emergency and the impact on benefits and 
costs.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94 
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to 
consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The FAA is publishing this Initial Regulatory Flexibility Analysis 
(IRFA) to aid the public in commenting on the potential impacts to 
small entities from this proposal. The FAA invites interested parties 
to submit data and information regarding the potential economic impact 
that would result from the proposal. The FAA will consider comments 
when making a determination or when completing a Final Regulatory 
Flexibility Assessment. An IRFA contains the following:
    (1) A description of the reasons why the action by the agency is 
being considered;
    (2) A succinct statement of the objective of, and legal basis for, 
the proposed rule;
    (3) A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply;
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    (5) An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap, or conflict with the 
proposed rule; and
    (6) A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes and 
which minimize any significant economic impact of the proposed rule on 
small entities.
Reasons the Action Is Being Considered
    On October 5, 2018, Congress enacted the FAARA 2018. Section 335(a) 
of the FAARA 2018 requires modification of the flight attendant duty 
period limitations and rest requirements to ``ensure that--(A) a flight 
attendant scheduled to a duty period of 14 hours or less is given a 
scheduled rest period of at least 10 consecutive hours; and (B) the 
rest period is not reduced under any circumstances.'' On September 25, 
2019, the FAA published an ANPRM to solicit input from the public on 
the regulatory impact of the mandated changes. The proposed rulemaking, 
if finalized, would modify the flight attendant duty period limitations 
and rest requirements as required by the FAARA 2018.
Objectives of the Proposed Rule
    This proposed rule would modify the flight attendant duty period 
limitations and rest requirements in 14 CFR 121.467 consistent with the 
requirements of the FAARA 2018. As such, the minimum rest period for a 
flight attendant scheduled for a duty period of 14 hours would increase 
from at least 9 consecutive hours to at least 10 consecutive hours. The 
FAA would also remove the ability of the certificate holder to reduce 
the rest period that current regulations allow. This proposed rule 
would fulfill the statutory requirement to provide flight attendants 
additional rest, which certificate holders would not be permitted to 
reduce.
Description and Estimate of the Number of Small Entities
    The FAA used the definition of small entities in the RFA for this 
analysis. The RFA defines small entities as small businesses, small 
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3), 
the RFA defines ``small business'' to have the same meaning as ``small 
business concern'' under section 3 of the Small Business Act. The Small 
Business Act authorizes the Small Business Administration (SBA) to 
define ``small business'' by issuing regulations.
    The SBA established size standards for various types of economic 
activities, or industries, under the North American Industry 
Classification System (NAICS).\13\ These size standards generally 
define small businesses based on the number of employees or annual 
receipts. Table 6 shows the SBA size standards for certificate holders 
as an example. Note that the SBA definition of a small business applies 
to the parent company and all affiliates as a single entity.
---------------------------------------------------------------------------

    \13\ Small Business Administration (SBA) Table of Size 
Standards. Effective August 12, 2019. https://www.sba.gov/document/support--table-size-standards.

       Table 6--Small Business Size Standards: Air Transportation
------------------------------------------------------------------------
                                                            SBA size
          NAICS code                  Description           standard
------------------------------------------------------------------------
481111........................  Scheduled Passenger     1,500 employees.
                                 Air Transportation.
481112........................  Scheduled Freight Air   1,500 employees.
                                 Transportation.
481211........................  Nonscheduled Chartered  1,500 employees.
                                 Passenger Air
                                 Transportation.
481212........................  Nonscheduled Chartered  1,500 employees.
                                 Freight Air
                                 Transportation.
481219........................  Other Nonscheduled Air  $16.5 million.
                                 Transportation.
------------------------------------------------------------------------

    Certificate holders affected by the proposed requirements for 
flight attendant rest are those authorized to conduct operations under 
14 CFR part 121. To identify small entities, the FAA first identified 
the primary NAICS of the certificate holder or parent company, and then 
used data from different sources (e.g., company annual reports, Bureau 
of Transportation Statistics) to determine whether the certificate 
holder meets the applicable size standard.

[[Page 60432]]

Table 7 provides a summary of the estimated number of small entities to 
which this proposed rule would apply.

                                   Table 7--Estimated Number of Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                     Number of     Number small    Percent small
                            Category                                 entities        entities        entities
----------------------------------------------------------------------------------------------------------------
Major...........................................................               4               0               0
National........................................................              13               4              31
Passenger and Cargo.............................................               5               2              40
Regional........................................................              21               4              19
                                                                 -----------------------------------------------
    Total.......................................................              43              10              23
----------------------------------------------------------------------------------------------------------------

Projected Reporting, Recordkeeping, and Other Compliance Requirements
    No new recordkeeping or reporting requirements are associated with 
the proposed rule. Small entity compliance with the proposed rule might 
entail hiring additional flight attendants, providing initial and 
recurring training, travel and per diem costs, and modifying software. 
In addition, costs might result from updating procedural manuals.
    Table 8 shows the estimated annualized compliance costs by category 
and the number of small entities in each category. Based on average 
compliance costs, impacts do not appear disproportionate to small 
entities. Also, regional certificate holders, which account for four of 
the identified small entities, may be less likely affected by the 
proposed rule due to scheduling flight attendants with pilots. To the 
extent that small entities provide more unique services or serve 
markets with less competition, these entities might be able to pass on 
costs in the form of price increases.

         Table 8--Average Cost of Compliance and Small Entities
------------------------------------------------------------------------
                                                              Average
                                                            annualized
                                             Number of       cost per
                Category                  small entities    certificate
                                                              holder
                                                          (millions) \1\
------------------------------------------------------------------------
Major...................................               0           $22.7
National................................               4            $1.6
Passenger and Cargo.....................               2            $0.1
Regional................................               4            $0.3
------------------------------------------------------------------------
\1\ Based on a baseline of existing practices and using a 7% discount
  rate.

All Federal Rules That May Duplicate, Overlap, or Conflict
    There are no relevant Federal rules that may duplicate, overlap, or 
conflict with the proposed rule.
Significant Alternatives Considered
    The FAA considered conducting a comprehensive review and revision 
of the flight attendant duty and rest regulations, similar to revisions 
the FAA made in the Flightcrew Member Duty and Rest Requirements rule. 
77 FR 330 (Jan. 4, 2012). The FAA rejected this alternative because of 
the narrow scope of the statutory mandate for rulemaking. Additionally, 
the FAA lacks data-based rationale that indicates a comprehensive 
update is necessary. Also, increased comprehensive or stringent 
requirements could add burden rather than reduce burden on small 
entities.
    Section 335(a) contains instruction on specific, prescriptive 
amendments to the existing rest requirement. Any lower-cost 
alternatives would contravene the statute. Therefore, the FAA did not 
identify or consider any lower-cost alternatives to the statutory 
mandate.

C. International Trade Impact Assessment

    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 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 is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The 
requirements of this proposed rule would not create an obstacle to 
foreign commerce because they would apply only to flight attendants 
serving in operations conducted by U.S.-certificate holders conducting 
operations under part 121.

D. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq., 5 CFR 1320.8(d) requires that the FAA provide interested members 
of the public and affected agencies an opportunity to comment on 
information collection and recordkeeping requests. This action does not 
impose new information collection requirements as defined in 14 CFR 
part 1320.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to

[[Page 60433]]

incur direct costs without the Federal government having first provided 
the funds to pay those costs. The FAA determined that the proposed rule 
to address section 335(a) of the FAARA 2018 would not result in costs 
of $155 million or more, adjusted for inflation, to either State, 
local, or tribal governments, in the aggregate, or to the private 
sector in any one year.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to ICAO 
Standards and Recommended Practices to the maximum extent practicable. 
The FAA has reviewed the corresponding ICAO Standards and Recommended 
Practices and has identified no differences with these proposed 
regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under NEPA in the absence of 
extraordinary circumstances. The FAA has determined this rulemaking 
action qualifies for the categorical exclusion identified in paragraph 
5-6.6f, and that no extraordinary circumstances exist.

VI. Executive Order Determinations

A. Executive Order 12866 and Executive Order 13563

    The FAA has determined this action is a significant regulatory 
action under section 3(f) of Executive Order 12866 that would be 
reviewed by the Office of Management and Budget (OMB). The rulemaking 
is also a significant regulatory action under DOT Order 2100.6A 
``Rulemaking and Guidance Procedures,'' issued by the Department of 
Transportation on June 7, 2021.
    Executive Orders 12866, ``Regulatory Planning and Review,'' 58 FR 
51735 (Oct. 4, 1993), and 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (Jan. 21, 2011), require agencies to regulate in 
the ``most cost-effective manner,'' to make a ``reasoned determination 
that the benefits of the intended regulation justify its costs,'' and 
to develop regulations that ``impose the least burden on society.'' 
Executive Order 13610, ``Identifying and Reducing Regulatory Burdens,'' 
77 FR 28469 (May 14, 2012), urges agencies to conduct retrospective 
analyses of existing rules to examine whether they remain justified and 
whether they should be modified or streamlined in light of changed 
circumstances, including the rise of new technologies.
    Additionally, Executive Orders 12866, 13563, and 13610 require 
agencies to provide a meaningful opportunity for public participation. 
Accordingly, the FAA invites comments on these considerations, 
including any cost or benefit figures or factors, alternative 
approaches, and relevant scientific, technical and economic data.

B. Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999), 
requires agencies to assure meaningful and timely input by State and 
local officials in the development of regulatory policies that may have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' The 
Agency has determined that this action would 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, would not have Federalism implications.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Consistent with Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' and FAA Order 1210.20, 
``American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,'' the FAA ensures that Federally Recognized Tribes (Tribes) 
are given the opportunity to provide meaningful and timely input 
regarding proposed Federal actions that have the potential to uniquely 
or significantly affect their respective Tribes. At this point, the FAA 
has not identified any unique or significant effects, environmental or 
otherwise, on tribes resulting from this proposed rule.

D. Executive Order 13609, Promoting International Regulatory 
Cooperation and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory 
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider 
whether the impacts associated with significant variations between 
domestic and international regulatory approaches are unnecessary or may 
impair the ability of American businesses to export and compete 
internationally. In meeting shared challenges involving health, safety, 
labor, security, environmental, and other issues, regulatory approaches 
developed through international cooperation can provide equivalent 
protection to standards developed independently while also minimizing 
unnecessary differences.

VII. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The Agency 
also invites comments relating to the economic, environmental, energy, 
or federalism impacts that might result from adopting the proposals in 
this document. The most helpful comments reference a specific portion 
of the proposal, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit only one time.
    The FAA will file in the docket all comments it receives, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments it receives on or before 
the closing date for comments. The FAA will consider comments filed 
after the comment period has closed if it is possible to do so without 
incurring expense or delay. The Agency may change this proposal in 
light of the comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this NPRM. Submissions containing 
CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT 
section of this document. Any commentary that the FAA receives which is 
not specifically designated as CBI will be

[[Page 60434]]

placed in the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of the ANPRM, NPRM, all comments received, any final rule, 
and all background material may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of 
this proposed rule will be placed in the docket. Electronic retrieval 
help and guidelines are available on the website. It is available 24 
hours each day, 365 days each year. An electronic copy of this document 
may also be downloaded from the Office of the Federal Register's 
website at https://www.federalregister.gov and the Government 
Publishing Office's website at https://www.govinfo.gov. A copy may also 
be found at the FAA's Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained 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) 267-9677. 
Commenters must identify the docket or notice number of this 
rulemaking.
    All documents the FAA considered in developing this proposed rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

List of Subjects in 14 CFR Part 121

    Air carriers, Aviation safety, Safety, Transportation.

The Proposed Amendment

    For the reasons set forth in the preamble, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
1. The authority citation for part 121 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 
41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 
Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-
44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 
(49 U.S.C. 44701 note); Pub. L. 112-95, 126 Stat 62 (49 U.S.C. 44732 
note); Pub. L. 115-254, 132 Stat 3186 (49 U.S.C. 44701 note).

0
2. Amend Sec.  121.467 by revising paragraphs (b)(2) and (3) to read as 
follows:


Sec.  121.467   Flight attendant duty period limitations and rest 
requirements: Domestic, flag, and supplemental operations.

* * * * *
    (b) * * *
    (2) A flight attendant scheduled to a duty period of 14 hours or 
less as provided under paragraph (b)(1) of this section must be given a 
scheduled rest period of at least 10 consecutive hours. This rest 
period must occur between the completion of the scheduled duty period 
and the commencement of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section 
may not be reduced to less than 10 consecutive hours.
* * * * *

    Issued in Washington, DC, under authority provided by 49 U.S.C. 
106(f) and 44701(a)(5) on October 20, 2021.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2021-23253 Filed 11-1-21; 8:45 am]
BILLING CODE 4910-13-P