Flight Attendant Duty Period Limitations and Rest Requirements
| Citation | 84 FR 50349 |
| Record Number | 2019-20682 |
| Published date | 25 September 2019 |
| Court | Federal Aviation Administration,Transportation Department |
Federal Register, Volume 84 Issue 186 (Wednesday, September 25, 2019)
[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Proposed Rules]
[Pages 50349-50353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20682]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No.: FAA-2019-0770; Notice No. 19-10]
RIN 2120-AL41
Flight Attendant Duty Period Limitations and Rest Requirements
AGENCY: Federal Aviation Administration (FAA).
ACTION: Advance notice of proposed rulemaking (ANPRM).
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SUMMARY: This action arises out of a statutory mandate in the FAA
Reauthorization Act of 2018 that requires the FAA 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. Consistent with the statutory mandate, the FAA plans 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. This document seeks input from the public to
obtain more information about current domestic, flag, and supplemental
operations with flight attendants and the potential benefits and costs
to inform the rulemaking.
DATES: Send comments on or before November 12, 2019.
ADDRESSES: Send comments identified by docket number [Insert docket
number from heading] 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.
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.
[[Page 50350]]
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: For technical questions concerning
this ANPRM, 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: The FAA seeks public comment on the areas
outlined within this ANPRM. In particular, the FAA seeks comments on
how the FAA could implement a rulemaking to address the requirement of
section 335(a) of the Federal Aviation Administration Reauthorization
Act of 2018 (FAARA 2018) in a manner that maximizes benefits and
minimizes costs. In some areas of this ANPRM, the FAA requests specific
information. Whenever possible, please provide citations and copies of
any relevant studies or reports on which you rely, including benefit
and cost data as well as any additional data that supports your
comment. Please include the identifying number of the specific
question(s) to which you are responding. The FAA will use comments to
inform the rulemaking.
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. Subtitle I, Section 106 describes
the authority of the FAA Administrator.
Subtitle VII, Aviation Programs, describes in 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) 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.''
II. Executive Summary
The purpose of this advance notice of proposed rulemaking (ANPRM)
is to seek comments on the impact of increasing the rest period
required for flight attendants who serve in operations conducted under
14 CFR part 121 when those flight attendants are scheduled for a duty
period of 14 hours or less. These comments will inform the FAA's
development of the rule implementing these changes.
Consistent with section 335(a) of the FAARA 2018, the FAA plans to
amend part 121 regulations that apply to flight attendants who are
scheduled for a duty period of 14 hours or less. Section 335(a)
requires the regulations reflect that such flight attendants have a
scheduled rest period of at least 10 consecutive hours that cannot be
reduced under any circumstances. The FAA intends this ANPRM to result
in information to further the FAA's rulemaking effort, including
estimates of the benefits and costs.
III. Background
A flight attendant under 14 CFR part 121 is defined 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 but are not necessarily limited to cabin-safety-related
responsibilities.\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\
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\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.
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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\ All newly hired flight attendants must complete
basic indoctrination training, crewmember emergency training, and
initial and/or transition training on each type aircraft on which the
flight attendant will be qualified to serve as a crewmember.
Additionally, flight attendants must complete operating experience on
each group of aircraft for which they will be qualified. Flight
attendants must also continue to successfully complete annual recurrent
training. These categories of training and qualification events include
specific programmed hours, as well as airplane type specific knowledge
and skill requirements.
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\4\ 14 CFR 121.392.
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Currently, certificate holders conducting passenger-carrying
domestic, flag, and supplemental operations must fulfill the flight
attendant duty period limitations and rest requirements in 14 CFR
121.467. Section 121.467(b) provides generally 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 the FAA to ``modify the
final rule'' \5\ 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.'' This mandate requires the FAA
to increase the amount of rest that certificate holders operating under
part 121 must provide to flight attendants scheduled to a duty period
of
[[Page 50351]]
14 hours or less, and also requires the FAA to remove the flexibility
to reduce the rest period. Amending Sec. 121.467 to fulfill the
requirements of section 335(a) requires the FAA to complete economic
analyses.
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\5\ The final rule implementing flight attendant duty period
limitations and rest requirements is Flight Attendant Duty Period
Limitations and Rest Requirements. The FAA notes that the correct
Federal Register citation for this final rule is 59 FR 94-20372
(Aug. 19, 1994).
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The FAA believes that the economic impact associated with the
changes Section 335(a) of the FAARA 2018 requires may cause a
subsequently published notice of proposed rulemaking or final rule to
be considered economically significant for the purposes of Executive
Order 12866. To be sensitive to economic impact and to provide
additional procedural protections and avenues for public participation,
Section 12.b. of DOT Order 2100.6, Policies and Procedures for
Rulemakings, directs DOT agencies to publish an ANPRM in the Federal
Register prior to proposing an economically significant rule. In
accordance with that order, and to better inform the FAA's analysis and
rulemaking development, this ANPRM solicits public input on the
regulatory impact of the statutorily-mandated changes to flight
attendant duty and rest requirements codified in Section 335(a) of the
FAARA 2018.
IV. Questions Concerning the Rulemaking
Changes to Federal regulations must undergo economic analyses. The
FAA completes such analyses in accordance with Executive Order 12866
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993), Office
of Management and Budget (OMB) Circular A-4, Regulatory Analysis (Sept.
17, 2003) and the Regulatory Flexibility Act of 1980, 5 U.S.C. 601, et
seq. To ensure the FAA has adequate information to complete thorough
analyses based on relevant, current information, the FAA requests
information and data to develop the necessary regulatory impact
analyses to quantify the economic impacts of section 335(a) of FAARA
2018. The FAA seeks responses to the questions below from the public to
help inform the development of the rulemaking and its economic impact.
The FAA requests that responses to the following questions include
quantitative information and data where possible. The FAA seeks all
information pertinent to assessing the full impacts of implementing
section 335(a). The FAA will use this information and data to develop
analyses and further rulemaking that the FAA will make available to the
public for comment.
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 ANPRM 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 ANPRM, 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 ANPRM. Submissions
containing CBI should be sent to 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]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Questions for the Public: The FAA is required to ensure that flight
attendants under part 121 who are scheduled to a duty period of 14
hours or less be given a scheduled rest period of at least 10
consecutive hours that cannot be reduced under any circumstances. The
FAA invites input from the public as follows--
A.1 The FAA requests information on the safety benefits of
implementing section 335(a). Specifically, the FAA requests data and
studies on the safety effects, including potential risks and
consequences, of flight attendant fatigue on civil aviation and the
incremental safety benefits of the rest requirements in section 335(a).
Please provide information to quantify annual benefits to the public
and industry, including flight attendants and flightcrew members. This
information will help the FAA estimate safety benefits in the
regulatory impact analysis of this rulemaking.
A2. The FAA requests estimates for initial and recurring annual
costs that certificate holders conducting operations under part 121
will incur in implementing the requirements of section 335(a). Please
provide estimates in the following table format, assuming the
compliance date begins in year 1.
A2. Table of Impacts--Additional Flight Attendant Costs, Hours and New Hires
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Year
Impact category -------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10
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Initial implementation costs ($) \6\:
Software/reprogramming cost
New hire cost
Training cost
Travel, lodging & per diem
Recurring costs ($) *:
Programming cost \7\
New hire turnover cost \8\
Training cost
Travel, lodging & per diem
Number of additional flight attendant
hours:
Flight time \9\
Duty time \10\
[cir] Deadhead transportation as
passenger \11\
[cir]
Reserve availability period
\12\
Number of additional flight attendant
hires (new and turnover) \13\
Other impacts (including additional
operational costs or effects to
operations) \14\
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[[Page 50352]]
In addition to the previous questions and table, the following
questions request additional information and data.
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\6\ Initial implementation costs may include: Additional flight
attendant hires and turnover hires; background checks and
onboarding; initial and recurring training; travel, lodging, and per
diem; other additional operational costs to comply with section
335(a). Please itemize. Please consider existing regulatory
compliance and company practices when estimating additional costs
associated with hiring additional flight attendants and implementing
section 335(a), such as security threat assessments and drug and
alcohol screening.
\7\ Programming costs such as software modifications to include
the proposed flight attendant rest requirement.
\8\ ``New hire turnover costs'' means the costs associated to
new hire attrition.
\9\ The FAA assumes that a flight attendant's hourly wage is
calculated differently for flight time as a subset of the duty
period. In this context, this ANPRM uses the definition for ``flight
time'' that applies to pilots: time that commences when an aircraft
moves under its own power for the purpose of flight and ends when
the aircraft comes to rest after landing. 14 CFR 1.1.
\10\ ``Duty time'' is the period of elapsed time between
reporting for an assignment involving flight time and release from
that assignment by the certificate holder conducting domestic, flag,
or supplemental operations. 14 CFR 121.467(a).
\11\ In this context, this ANPRM uses the definition for
``deadhead transportation'' that applies to pilots: Transportation
of a flightcrew member as a passenger or non-operating flightcrew
member, by any mode of transportation, as required by a certificate
holder, excluding transportation to or from a suitable
accommodation. 14 CFR 117.3.
\12\ This ANPRM uses the term ``reserve availability period'' in
this context to refer to a period of time in which the certificate
holder requires a flight attendant to be available to receive an
assignment for a duty period. 14 CFR 1.1.
\13\ Include what is necessary to maintain the current level of
flight operations and what is necessary for the level of future
flight operations expected over a 10-year period.
\14\ Examples of other impacts include additional transportation
costs or impact to flight times etc.
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A3. What is the average flight attendant hourly wage for reserve
time, flight time, and duty time operations?
A4. What is the minimum number of flight attendant guaranteed
reserve hours or guaranteed reserve pay?
A5. What is the average initial and recurring flight attendant
training cost? Please describe what is included in training costs
(e.g., instructor and flight attendant time, supplies, etc.).
A6. What is the average cost to hire and onboard a new flight
attendant, not including wages or training?
A7. Do you anticipate needing to hire additional flight attendants
to implement section 335(a)? If so, how long will it take to initially
hire additional flight attendants that may be needed to implement
section 335(a) to maintain your current level of flight operations?
Please quantify in months.
A8. What are the costs of modifying scheduling software and
reprogramming any related scheduling management systems? What is
included in this estimate?
A9. Based on your current preparation to comply with the provisions
of section 335(a), what type and percentage of your operations have
already incurred costs? What is the basis for these costs?
A10. How many affected flight attendants do you currently employ?
Please provide data for the previous three years.
A11. Prior to the required change in the rest requirement, how many
flight attendants did you expect to hire? Please provide data for the
next three years.
A12. How many affected flight attendants have recently retired?
Please provide data for the previous three years. If available, provide
projected attrition rates for the next three years.
A13. Please provide recommendations and options to minimize the
costs of compliance and implementation of section 335(a).
A14. Please provide any additional information and data that you
believe would be useful to the FAA regarding the impacts of
implementing section 335(a).
A15. Are there any specific issues related to small air carriers
with domestic, flag, and supplemental operations with flight attendants
that FAA should consider? Would this rule have a disproportionate
economic impact on small entities?
V. Regulatory Requirements and Executive Order Determinations
The FAA will address the following requirements in future flight
attendant duty period limitations and rest requirements rulemakings.
Please provide comments that would assist the FAA in its consideration
and analyses of these requirements.
A. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
The FAA would consider a rulemaking that would address section
335(a) of FAARA 2018 as 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 would also be a significant
regulatory action under DOT Order 2100.6 ``Policies and Procedures for
Rulemakings,'' issued by the Department of Transportation on December
20, 2018.
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, 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 13771
This action is not subject to the requirements of Executive Order
13771 because it is an advance notice of proposed rulemaking.
C. Executive Order 13132
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.'' FAA
invites State and local governments with an interest in this ANPRM to
comment on any effect that may result from implementation of section
335(a) of FAARA 2018.
D. Executive Order 13175
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 ANPRM.
[[Page 50353]]
E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
Under the Regulatory Flexibility Act of 1980, 5 U.S.C. 601, et
seq., FAA must consider whether a rulemaking would have a ``significant
economic impact on a substantial number of small entities.'' ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations under 50,000.
The FAA would develop any future rulemaking in accordance with
Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 68 FR 7990 (Feb. 19, 2003), and DOT's procedures
and policies to promote compliance with the Regulatory Flexibility Act
to ensure that potential impacts on small entities of a regulatory
action are properly considered.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., 5 CFR 1320.8(d) requires that FAA provide interested members of
the public and affected agencies an opportunity to comment on
information collection and recordkeeping requests. While the purpose of
this ANPRM is to solicit comments, this action does not impose new
information collection requirements as defined in 14 CFR part 1320. The
FAA will consider how a future rulemaking that would address section
335(a) of FAARA 2018 would affect current information collection and
recordkeeping requests.
G. 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 incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA will need to determine if a rulemaking to address
section 335(a) of the FAARA 2018 would 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.
H. National Environmental Policy Act
The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires that Federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality (CEQ) regulations
require Federal agencies to conduct an environmental review considering
(1) the need for the proposed action, (2) alternatives to the proposed
action, (3) probable environmental impacts of the proposed action and
alternatives, and (4) the agencies and persons consulted during the
consideration process. See 40 CFR 1508.9(b). FAA welcomes any data or
information related to environmental impacts that may result from any
future rulemaking to address section 335(a) of FAARA 2018.
I. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, 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, see 65 FR 19477, or
you may visit http://www.regulations.gov.
J. Executive Order 13069 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.
Similarly, the Trade Agreements Act of 1979, Public Law 96-39, as
amended by the Uruguay Round Agreements Act, Public Law 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. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
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. FAA welcomes any data or
information related to international impacts that may result from
future rulemaking to address section 335(a) of the FAARA 2018.
K. Executive Order 13211
Executive Order 13211, 66 FR 28355 (May 22, 2001), requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' Under the executive order, a ``significant energy
action'' is defined as any action by an agency (normally published in
the Federal Register) that promulgates, or is expected to lead to the
promulgation of, a final rule or regulation (including a notice of
inquiry, ANPRM, and NPRM) that (1)(i) is a significant regulatory
action under Executive Order 12866 or any successor order and (ii) is
likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. The FAA would consider this executive order
for a future rulemaking to address section 335(a) of FAARA 2018.
Issued in Washington, DC, under authority provided by 49 U.S.C.
106(f) and 44701(a) on September 18, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Service, Federal Aviation
Administration.
[FR Doc. 2019-20682 Filed 9-24-19; 8:45 am]
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