80 FR 19251 - Interpretation of the Flight Time Limitations

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 69 (April 10, 2015)

Page Range		19251-19252
FR Document		2015-07991

This action proposes to interpret our regulations to not apply to flight segments that are flown by a flightcrew consisting of only two pilots and no other flight crewmembers.

Federal Register, Volume 80 Issue 69 (Friday, April 10, 2015)

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19251-19252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07991]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2015-0881]


Interpretation of the Flight Time Limitations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Interpretation

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SUMMARY: This action proposes to interpret our regulations to not apply 
to flight segments that are flown by a flightcrew consisting of only 
two pilots and no other flight crewmembers.

DATES: Comments must be received on or before May 11, 2015.

ADDRESSES: You may send comments identified by docket number FAA-2015-
0881 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; US 
Department of Transportation, 1200 New Jersey Avenue SE., West Building 
Ground Floor, Room W12-140, West Building Ground Floor, Washington, DC 
20590-0001.
     Hand Delivery: 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: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Alex Zektser, Attorney, Regulations 
Division, Office of Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8018; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to submit written comments, 
data, or views concerning this proposal. 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, please send only one copy 
of written comments, or if you are filing comments electronically, 
please submit your comments only one time.
    The FAA will file in the docket all comments received, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposal. Before acting on this proposal, the FAA will 
consider all comments received on or before the closing date for 
comments and any late-filed comments if it is possible to do so without 
incurring expense or delay. The FAA may change this proposal in light 
of comments received.

Availability of This Proposed Interpretation

    You can get an electronic copy using the Internet by--
    (1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Publishing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number or notice number of this proposal.

Background

    The FAA has been asked to provide two legal interpretations 
regarding the application of 14 CFR 121.521. Specifically, both 
interpretation requests present scenarios involving supplemental all-
cargo part 121 operations that contain at least one international 
segment and make an election, under 14 CFR 121.513, to operate under 
the flight time limitations of Sec.  121.515 and Sec. Sec.  121.521 
through 121.525.
    Both scenarios involve, in part, at least one segment in which the 
aircraft would be flown by a flightcrew consisting solely of two pilots 
and no other flight crewmembers. Both

[[Page 19252]]

interpretation requests then ask the FAA to determine which specific 
flight, duty, and rest regulations would apply to these scenarios. 
Accordingly, the FAA must determine whether 14 CFR 121.521 applies to a 
flightcrew consisting solely of two pilots. For the reasons discussed 
below, the FAA proposes to find that Sec.  121.521 does not apply to 
any flight segment that is flown by a flightcrew consisting only of two 
pilots and no other flight crewmembers.

Discussion of the Proposal

    Normally, air carriers conducting all-cargo supplemental operations 
under part 121 must operate pursuant to the flight, duty, and rest 
provisions of Sec. Sec.  121.503 through 121.509. However, supplemental 
air carriers conducting overseas and international all-cargo operations 
may elect, pursuant to Sec.  121.513, to comply with the flight time 
limitations of Sec.  121.515 and Sec. Sec.  121.521 through 121.525 
(commonly referred to as the ``international rules'').\1\
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    \1\ 14 CFR 121.513.
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    Section 121.521 governs the smallest-size flightcrew that can 
operate under these international rules. The regulatory text of Sec.  
121.521 unambiguously states that this section applies only to a ``crew 
of two pilots and at least one additional flight crewmember.'' \2\ 
Thus, the plain text of Sec.  121.521 states that there must be at 
least three flight crewmembers in order for Sec.  121.521 to apply: (1) 
two pilots; and (2) at least one additional flight crewmember. The FAA 
reaffirmed this plain-text reading of Sec.  121.521 in a 2012 
interpretation in which it found that a flightcrew consisting of three 
pilots would be subject to the provisions of Sec.  121.521.\3\
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    \2\ 14 CFR 121.521(a) (emphasis added).
    \3\ Letter to Timothy Slater from Rebecca MacPherson, Assistant 
Chief Counsel for Regulations (Sept. 7, 2012) (answer to Question 
1).
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    Because Sec.  121.521 governs the smallest-size flightcrew that can 
operate under the international part 121 flight, duty, and rest rules 
for supplemental all-cargo operations and because Sec.  121.521 only 
applies to a flightcrew that has at least three flight crewmembers, the 
FAA proposes to find that Sec.  121.521 does not apply to a flightcrew 
of only two pilots and no other flight crewmembers. Under the proposed 
interpretation and consistent with the FAA's precedent, a flightcrew of 
only two pilots in a supplemental part 121 all-cargo operation would be 
subject to the provisions of Sec.  121.503 and Sec.  121.505, which, 
among other things, apply to a flightcrew consisting solely of two 
pilots.

    Issued in Washington, DC on April 1, 2015.
Mark W. Bury,
Assistant Chief Counsel for Regulations, AGC-200.
[FR Doc. 2015-07991 Filed 4-9-15; 8:45 am]
 BILLING CODE 4910-13-P?>

Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules 19251

(2) Within 36 months after the effective Airplanes, Attention: Data & Services SUPPLEMENTARY INFORMATION:
date of this AD, replace all H–11 steel barrel Management, P.O. Box 3707, MC 2H–65,
nuts with new Inconel barrel nuts. Seattle, WA 98124–2207; telephone 206– Comments Invited
(ii) If no H–11 steel barrel nut is found at 544–5000, extension 1; fax 206–766–5680; The FAA invites interested persons to
all attachment point locations, no further Internet https://www.myboeingfleet.com. You
may view this referenced service information
submit written comments, data, or
work is required by this paragraph.
at the FAA, Transport Airplane Directorate, views concerning this proposal. The
(h) Exception to Service Information 1601 Lind Avenue SW., Renton, WA. For most helpful comments reference a
Specifications information on the availability of this specific portion of the proposal, explain
Where Boeing Alert Service Bulletin 767– material at the FAA, call 425–227–1221. the reason for any recommended
53A0261, dated August 12, 2014, specifies a Issued in Renton, Washington, on March change, and include supporting data. To
compliance time ‘‘after the Original Issue 24, 2015. ensure the docket does not contain
date of this Service Bulletin,’’ this AD duplicate comments, please send only
requires compliance within the specified Michael Kaszycki,
compliance time after the effective date of Acting Manager, Transport Airplane one copy of written comments, or if you
this AD. Directorate, Aircraft Certification Service. are filing comments electronically,
[FR Doc. 2015–08072 Filed 4–9–15; 8:45 am] please submit your comments only one
(i) Parts Installation Prohibition time.
BILLING CODE 4910–13–P
As of the effective date of this AD, no The FAA will file in the docket all
person may install an H–11 steel barrel nut comments received, as well as a report
on the vertical stabilizer of any airplane. summarizing each substantive public
DEPARTMENT OF TRANSPORTATION
(j) Alternative Methods of Compliance contact with FAA personnel concerning
(AMOCs) Federal Aviation Administration this proposal. Before acting on this
(1) The Manager, Seattle Aircraft proposal, the FAA will consider all
Certification Office (ACO), FAA, has the 14 CFR Part 121 comments received on or before the
authority to approve AMOCs for this AD, if
[Docket No. FAA–2015–0881]
closing date for comments and any late-
requested using the procedures found in 14 filed comments if it is possible to do so
CFR 39.19. In accordance with 14 CFR 39.19, without incurring expense or delay. The
Interpretation of the Flight Time
send your request to your principal inspector FAA may change this proposal in light
or local Flight Standards District Office, as Limitations
of comments received.
appropriate. If sending information directly AGENCY: Federal Aviation
to the manager of the ACO, send it to the Administration (FAA), DOT. Availability of This Proposed
attention of the person identified in Interpretation
paragraph (k)(1) of this AD. Information may ACTION: Notice of Proposed
be emailed to: 9-ANM-Seattle-ACO-AMOC- Interpretation You can get an electronic copy using
Requests@faa.gov. the Internet by—
(2) Before using any approved AMOC, SUMMARY: This action proposes to (1) Searching the Federal
notify your appropriate principal inspector, interpret our regulations to not apply to eRulemaking Portal (http://
or lacking a principal inspector, the manager flight segments that are flown by a www.regulations.gov);
of the local flight standards district office/ flightcrew consisting of only two pilots (2) Visiting the FAA’s Regulations and
certificate holding district office. and no other flight crewmembers. Policies Web page at http://
(3) An AMOC that provides an acceptable DATES: Comments must be received on
level of safety may be used for any repair
www.faa.gov/regulations_policies/; or
or before May 11, 2015. (3) Accessing the Government
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization ADDRESSES: You may send comments Publishing Office’s Web page at http://
Designation Authorization (ODA) that has identified by docket number FAA– www.gpoaccess.gov/fr/index.html.
been authorized by the Manager, Seattle 2015–0881 using any of the following You can also get a copy by sending a
ACO, to make those findings. For a repair methods: request to the Federal Aviation
method to be approved, the repair must meet • Federal eRulemaking Portal: Go to Administration, Office of Rulemaking,
the certification basis of the airplane, and the http://www.regulations.gov and follow ARM–1, 800 Independence Avenue
approval must specifically refer to this AD. the online instructions for sending your SW., Washington, DC 20591, or by
(4) If any service information contains
comments electronically. calling (202) 267–9680. Make sure to
steps that are identified as RC, those steps
• Mail: Send Comments to Docket identify the docket number or notice
must be done to comply with this AD; any
steps that are not identified as RC are Operations, M–30; US Department of number of this proposal.
recommended. Those steps that are not Transportation, 1200 New Jersey
Avenue SE., West Building Ground Background
identified as RC may be deviated from using
accepted methods in accordance with the Floor, Room W12–140, West Building The FAA has been asked to provide
operator’s maintenance or inspection Ground Floor, Washington, DC 20590– two legal interpretations regarding the
program without obtaining approval of an 0001. application of 14 CFR 121.521.
AMOC, provided the steps identified as RC • Hand Delivery: Take comments to Specifically, both interpretation
can be done and the airplane can be put back Docket Operations in Room W12–140 of requests present scenarios involving
in a serviceable condition. Any substitutions
or changes to steps identified as RC require
the West Building Ground Floor at 1200 supplemental all-cargo part 121
approval of an AMOC. New Jersey Avenue SE., Washington, operations that contain at least one
DC, between 9 a.m. and 5 p.m., Monday international segment and make an
(k) Related Information through Friday, except Federal holidays. election, under 14 CFR 121.513, to
rljohnson on DSK3VPTVN1PROD with PROPOSALS

(1) For more information about this AD, • Fax: (202) 493–2251. operate under the flight time limitations
contact Berhane Alazar, Aerospace Engineer, FOR FURTHER INFORMATION CONTACT: Alex of § 121.515 and §§ 121.521 through
Airframe Branch, ANM–120S, FAA, Seattle Zektser, Attorney, Regulations Division, 121.525.
Aircraft Certification Office (ACO), 1601 Lind
Avenue SW., Renton, WA 98057–3356;
Office of Chief Counsel, Federal Both scenarios involve, in part, at
phone: 425–917–6577; fax: 425–917–6590; Aviation Administration, 800 least one segment in which the aircraft
email: berhane.alazar@faa.gov. Independence Avenue SW., would be flown by a flightcrew
(2) For service information identified in Washington, DC 20591; telephone: (202) consisting solely of two pilots and no
this AD, contact Boeing Commercial 267–8018; email: Alex.Zektser@faa.gov. other flight crewmembers. Both

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Document Created: 2018-02-21 10:08:54
Document Modified: 2018-02-21 10:08:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of Proposed Interpretation
Dates		Comments must be received on or before May 11, 2015.
Contact		Alex Zektser, Attorney, Regulations Division, Office of Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267- 8018; email: [email protected]
FR Citation		80 FR 19251

80 FR 19251 - Interpretation of the Flight Time Limitations

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 69 (April 10, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration