Flightcrew Member Duty and Rest Requirements; Technical Correction, 69287-69288 [2013-27539]
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Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations
information security refresher briefings
for all cleared employees at least
annually and to provide derivative
classification training for employees
authorized to apply derivative
classifications before exercising this
authority and then at least once every 2
years thereafter. This direct final rule
also gave licensees flexibility in
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final rule, the NRC stated that if any
significant adverse comments were
received on the companion proposed
rule by September 6, 2013 (78 FR 48076;
August 7, 2013), a notice of timely
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would be published in the Federal
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including challenges to its underlying
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Dated at Rockville, Maryland, this 7th day
of November 2013.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives
Branch, Office of Administration.
[FR Doc. 2013–27140 Filed 11–18–13; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2009–1093; Amdt. Nos.
117–1, 119–16, 121–357]
RIN 2120–AJ58
Flightcrew Member Duty and Rest
Requirements; Technical Correction
Federal Aviation
Administration, DOT.
ACTION: Final rule; technical correction.
AGENCY:
The FAA is correcting the
final flightcrew member duty and rest
rule published on January 4, 2012. In
that rule, the FAA amended its existing
flight, duty and rest regulations
applicable to certificate holders and
their flightcrew members operating
certain domestic, flag, and supplemental
operations. This document corrects
several issues requiring a technical
correction in the codified text of the
final flightcrew member duty and rest
rule.
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Effective January 4, 2014.
FOR FURTHER INFORMATION CONTACT:
For
technical questions concerning this
action, contact Dale E. Roberts, AFS–
200, Flight Standards Service, Air
Transportation Division Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–5749; email dale.e.roberts@faa.gov.
For legal questions concerning this
action, contact Alex Zektser or Bonnie
Dragotto, AGC–220, Office of Chief
Counsel, Regulations Division, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–3073; email: alex.zektser@faa.gov
or bonnie.dragotto@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2012, the FAA
published a final rule entitled
‘‘Flightcrew Member Duty and Rest
Requirements’’ (77 FR 330). In that rule,
the FAA created a new part, part 117,
which replaced the then-existing flight,
duty, and rest regulations for part 121
passenger operations. As part of this
rulemaking, the FAA also applied the
new part 117 to certain part 91
operations, and it permitted all-cargo
operations operating under part 121 to
voluntarily opt into the part 117 flight,
duty, and rest regulations.
After the final rule was published, the
FAA discovered several issues requiring
a technical correction in the regulatory
text of the rule. These issues, and the
corresponding technical corrections, are
as follows.
Technical Corrections
14 CFR Parts 117 and 121
SUMMARY:
DATES:
1. Certain Domestic All-Cargo
Operations (§ 121.470(b))
Under the existing rules, 14 CFR
121.470(b) states that ‘‘[c]ertificate
holders conducting scheduled
operations entirely within the States of
Alaska or Hawaii with airplanes having
a passenger seat configuration of more
than 30 seats, excluding each
crewmember seat, or a payload capacity
of more than 7,500 pounds’’ may elect
to comply with the flag flight, duty, and
rest rules of part 121.
The final rule that created 14 CFR part
117 provides that all-cargo operations
that do not choose to operate under part
117 will be able to operate under the
same flight, duty, and rest rules that
they operated under prior to the
creation of part 117.1 However, the final
rule inadvertently changed the
1 See Flightcrew Member Duty and Rest
Requirements Final Rule, 77 FR 330, 336–337 (Jan.
4, 2012).
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69287
regulatory text of § 121.470(b) to apply
to airplanes with a passenger seat
configuration of ‘‘30 seats or fewer . . .
and a payload capacity of 7,500 pounds
or less.’’ 2 Because this was not the
intent of the final rule, § 121.470(b) has
been corrected so that all-cargo
operations that previously operated
pursuant to § 121.470(b) can continue to
do so after the final rule becomes
effective.3
2. Conflict Between the Definitions in
§ 117.3 and Other Definitions
The regulatory text in § 117.3 has
been corrected to clarify that if there is
a conflict in definitions, the definitions
in § 117.3 control only for purposes of
the flight and duty limitations and rest
requirements of part 117.
3. Reporting Requirements of § 117.11(c)
Section 117.11(b) permits a flightcrew
member to exceed the flight-time limits
of § 117.11(a) and § 117.23(b) in certain
circumstances. To ensure that the FAA
is notified in all instances in which the
§ 117.11(b) extension is utilized,
§ 117.11(c) has been corrected to clarify
that reporting is required if the
extension in § 117.11(b) is used to
exceed either the limits of § 117.11 or
§ 117.23(b).
4. Reporting Requirements of
§ 117.19(b)(4)
Similar to § 117.11(b), § 117.19(b)
permits a flightcrew member to exceed
the flight-duty-period limits specified in
Tables B and C and in § 117.23(c). To
ensure that the FAA is notified in all
instances in which the § 117.19(b)
extension is utilized, § 117.19(b)(4) has
been corrected to clarify that reporting
is required if the extension in
§ 117.19(b) is used to exceed either the
limits of Tables B/C or § 117.23. We
note that while reporting is not required
if the limits of Table B or C are exceeded
by 30 minutes or less, the corrected
§ 117.19(b) requires certificate holder
reporting if the limits of § 117.23 are
exceeded by any amount of time.
5. Cumulative Limitations in § 117.23(b)
The cumulative flight-time limitations
in § 117.23(c) have been corrected to
clarify that a flightcrew member cannot
accept an assignment that would cause
that crewmember’s total flight duty
period to exceed either 60 hours in any
2 Id.
at 403 (emphasis added).
FAA acknowledges that § 121.470(b)
governs scheduled operations and § 110.2 defines a
scheduled operation as a ‘‘passenger-carrying
operation.’’ Consequently, an all-cargo operation
may not be able to operate under § 121.470(b) as
currently written. The FAA is examining this issue
and may address it in a future regulatory action.
3 The
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69288
Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations
168 consecutive hours or 190 hours in
any 672 consecutive hours.
6. Reporting Requirements of § 117.29(e)
Similar to § 117.11(b) and § 117.19(b),
§ 117.29 permits a flightcrew member to
exceed the cumulative limits specified
in Tables A, B, and C, and in § 117.23.
To ensure that the FAA is notified in all
instances in which the § 117.29(b)
extension is utilized, § 117.29(e) has
been corrected to clarify that reporting
is required if the extension in
§ 117.29(b) is used to exceed either the
limits of Tables A/B/C or § 117.23.
Accordingly, in the final rule, FR Doc.
2011–33078, published on January 4,
2012 (77 FR 330), make the following
corrections:
§ 117.3
DEPARTMENT OF COMMERCE
§ 117.23
[Docket No.: 131105932–3932–01]
[Corrected]
4. On page 401, in the first column, in
§ 117.23, paragraph (c)(1) is corrected to
read as follows:
■
§ 117.23
Cumulative limitations
1. On page 398, in the second column,
in § 117.3, the introductory text is
corrected to read as follows:
Definitions.
5. On page 401, in the third column,
in § 117.29, correct paragraph (e) to read
as follows:
§ 117.29 Emergency and government
sponsored operations.
§ 121.470
■
Flight time limitation.
*
*
*
*
*
(c) Each certificate holder must report
to the Administrator within 10 days any
flight time that exceeded the maximum
flight time limits permitted by this
section or § 117.23(b). The report must
contain a description of the extended
flight time limitation and the
circumstances surrounding the need for
the extension.
*
*
*
*
*
§ 117.19
[Corrected]
3. On page 400, in the third column,
in § 117.19, correct paragraph (b)(4) to
read as follows:
■
TKELLEY on DSK3SPTVN1PROD with RULES
§ 117.19
Flight duty period extensions.
*
*
*
*
*
(b) * * *
(4) Each certificate holder must report
to the Administrator within 10 days any
flight duty period that either exceeded
the cumulative flight duty periods
specified in § 117.23(c), or exceeded the
maximum flight duty period limits
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Import Administration; Change of
Agency Name
Foreign-Trade Zones Board,
International Trade Administration,
Commerce.
ACTION: Final rule; nomenclature
change.
SUMMARY:
[Corrected]
§ 117.11
[Corrected]
RIN 0625–AA98
§ 117.29
2. On pages 399 and 400, in the third
column on page 399 and the first
column of page 400, in § 117.11, correct
paragraph (c) to read as follows:
§ 117.11
15 CFR Part 400
AGENCY:
*
*
*
*
(e) Each certificate holder must report
within 10 days:
(1) Any flight duty period that
exceeded the maximum flight duty
period permitted in Tables B or C of this
part, as applicable, by more than 30
minutes;
(2) Any flight time that exceeded the
maximum flight time limits permitted in
Table A of this part and § 117.11, as
applicable; and
(3) Any flight duty period or flight
time that exceeded the cumulative
limits specified in § 117.23.
*
*
*
*
*
In addition to the definitions in §§ 1.1
and 110.2 of this chapter, the following
definitions apply to this part. In the
event there is a conflict in definitions,
the definitions in this part control for
purposes of the flight and duty
limitations and rest requirements of this
part.
*
*
*
*
*
Foreign-Trade Zones Board
*
*
*
*
(c) * * *
(1) 60 flight duty period hours in any
168 consecutive hours or
*
*
*
*
*
*
■
[Corrected]
■
§ 117.3
permitted by Tables B or C of this part
by more than 30 minutes. The report
must contain a description of the
circumstances surrounding the affected
flight duty period.
*
[Corrected]
6. On page 403, in the first column, in
§ 121.470, correct paragraph (b) to read
as follows:
■
§ 121.470
Applicability.
*
*
*
*
*
(b) Certificate holders conducting
scheduled operations entirely within
the States of Alaska or Hawaii with
airplanes having a passenger seat
configuration of more than 30 seats,
excluding each crewmember seat, or a
payload capacity of more than 7,500
pounds, may comply with the
requirements of this subpart or subpart
R of this part for those operations.
*
*
*
*
*
Issued in Washington, DC, on November
12, 2013.
Mark W. Bury,
Assistant Chief Counsel for International Law,
Legislation, and Regulations Division, AGC–
200.
[FR Doc. 2013–27539 Filed 11–18–13; 8:45 am]
BILLING CODE 4910–13–P
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Effective October 1, 2013, the
Department of Commerce (Department),
through internal department
organizational orders, changed the name
of ‘‘Import Administration’’ to
‘‘Enforcement and Compliance.’’
Consistent with this action, this rule
makes appropriate conforming changes
in part 400 of title 15 of the Code of
Federal Regulations.
The rule also sets forth a Savings
Provision that preserves, under the new
name, all actions taken under the name
of Import Administration and provides
that any references to Import
Administration in any document or
other communication shall be deemed
to be references to Enforcement and
Compliance.
This rule is effective on
November 19, 2013.
DATES:
FOR FURTHER INFORMATION CONTACT:
Andrew McGilvray, Executive
Secretary, Foreign-Trade Zones Board,
Telephone: (202) 482–2862; Joanna
Theiss, Attorney, Office of Chief
Counsel for Trade Enforcement and
Compliance, Telephone: (202) 482–
5052.
SUPPLEMENTARY INFORMATION:
Background
This rule implements the decision by
the Department of Commerce, through
internal Department Organizational
Order 10–3 (effective September 18,
2013) and Department Organizational
Order 40–1, (effective September 19,
2013), to consolidate and reorganize
certain Department organizational
functions and revise the name of
‘‘Import Administration’’ to
‘‘Enforcement and Compliance.’’ The
revision more accurately reflects the
breadth of the agency’s activities with
respect to the enforcement of, and
compliance with, U.S. trade laws.
Consistent with the consolidation and
name change, this rule makes a number
of changes in part 400 of title 15 of the
E:\FR\FM\19NOR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Rules and Regulations]
[Pages 69287-69288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27539]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 117 and 121
[Docket No. FAA-2009-1093; Amdt. Nos. 117-1, 119-16, 121-357]
RIN 2120-AJ58
Flightcrew Member Duty and Rest Requirements; Technical
Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting the final flightcrew member duty and
rest rule published on January 4, 2012. In that rule, the FAA amended
its existing flight, duty and rest regulations applicable to
certificate holders and their flightcrew members operating certain
domestic, flag, and supplemental operations. This document corrects
several issues requiring a technical correction in the codified text of
the final flightcrew member duty and rest rule.
DATES: Effective January 4, 2014.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Dale E. Roberts, AFS-200, Flight Standards
Service, Air Transportation Division Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
5749; email dale.e.roberts@faa.gov.
For legal questions concerning this action, contact Alex Zektser or
Bonnie Dragotto, AGC-220, Office of Chief Counsel, Regulations
Division, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-3073; email:
alex.zektser@faa.gov or bonnie.dragotto@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2012, the FAA published a final rule entitled
``Flightcrew Member Duty and Rest Requirements'' (77 FR 330). In that
rule, the FAA created a new part, part 117, which replaced the then-
existing flight, duty, and rest regulations for part 121 passenger
operations. As part of this rulemaking, the FAA also applied the new
part 117 to certain part 91 operations, and it permitted all-cargo
operations operating under part 121 to voluntarily opt into the part
117 flight, duty, and rest regulations.
After the final rule was published, the FAA discovered several
issues requiring a technical correction in the regulatory text of the
rule. These issues, and the corresponding technical corrections, are as
follows.
Technical Corrections
1. Certain Domestic All-Cargo Operations (Sec. 121.470(b))
Under the existing rules, 14 CFR 121.470(b) states that
``[c]ertificate holders conducting scheduled operations entirely within
the States of Alaska or Hawaii with airplanes having a passenger seat
configuration of more than 30 seats, excluding each crewmember seat, or
a payload capacity of more than 7,500 pounds'' may elect to comply with
the flag flight, duty, and rest rules of part 121.
The final rule that created 14 CFR part 117 provides that all-cargo
operations that do not choose to operate under part 117 will be able to
operate under the same flight, duty, and rest rules that they operated
under prior to the creation of part 117.\1\ However, the final rule
inadvertently changed the regulatory text of Sec. 121.470(b) to apply
to airplanes with a passenger seat configuration of ``30 seats or fewer
. . . and a payload capacity of 7,500 pounds or less.'' \2\ Because
this was not the intent of the final rule, Sec. 121.470(b) has been
corrected so that all-cargo operations that previously operated
pursuant to Sec. 121.470(b) can continue to do so after the final rule
becomes effective.\3\
---------------------------------------------------------------------------
\1\ See Flightcrew Member Duty and Rest Requirements Final Rule,
77 FR 330, 336-337 (Jan. 4, 2012).
\2\ Id. at 403 (emphasis added).
\3\ The FAA acknowledges that Sec. 121.470(b) governs scheduled
operations and Sec. 110.2 defines a scheduled operation as a
``passenger-carrying operation.'' Consequently, an all-cargo
operation may not be able to operate under Sec. 121.470(b) as
currently written. The FAA is examining this issue and may address
it in a future regulatory action.
---------------------------------------------------------------------------
2. Conflict Between the Definitions in Sec. 117.3 and Other
Definitions
The regulatory text in Sec. 117.3 has been corrected to clarify
that if there is a conflict in definitions, the definitions in Sec.
117.3 control only for purposes of the flight and duty limitations and
rest requirements of part 117.
3. Reporting Requirements of Sec. 117.11(c)
Section 117.11(b) permits a flightcrew member to exceed the flight-
time limits of Sec. 117.11(a) and Sec. 117.23(b) in certain
circumstances. To ensure that the FAA is notified in all instances in
which the Sec. 117.11(b) extension is utilized, Sec. 117.11(c) has
been corrected to clarify that reporting is required if the extension
in Sec. 117.11(b) is used to exceed either the limits of Sec. 117.11
or Sec. 117.23(b).
4. Reporting Requirements of Sec. 117.19(b)(4)
Similar to Sec. 117.11(b), Sec. 117.19(b) permits a flightcrew
member to exceed the flight-duty-period limits specified in Tables B
and C and in Sec. 117.23(c). To ensure that the FAA is notified in all
instances in which the Sec. 117.19(b) extension is utilized, Sec.
117.19(b)(4) has been corrected to clarify that reporting is required
if the extension in Sec. 117.19(b) is used to exceed either the limits
of Tables B/C or Sec. 117.23. We note that while reporting is not
required if the limits of Table B or C are exceeded by 30 minutes or
less, the corrected Sec. 117.19(b) requires certificate holder
reporting if the limits of Sec. 117.23 are exceeded by any amount of
time.
5. Cumulative Limitations in Sec. 117.23(b)
The cumulative flight-time limitations in Sec. 117.23(c) have been
corrected to clarify that a flightcrew member cannot accept an
assignment that would cause that crewmember's total flight duty period
to exceed either 60 hours in any
[[Page 69288]]
168 consecutive hours or 190 hours in any 672 consecutive hours.
6. Reporting Requirements of Sec. 117.29(e)
Similar to Sec. 117.11(b) and Sec. 117.19(b), Sec. 117.29
permits a flightcrew member to exceed the cumulative limits specified
in Tables A, B, and C, and in Sec. 117.23. To ensure that the FAA is
notified in all instances in which the Sec. 117.29(b) extension is
utilized, Sec. 117.29(e) has been corrected to clarify that reporting
is required if the extension in Sec. 117.29(b) is used to exceed
either the limits of Tables A/B/C or Sec. 117.23.
Accordingly, in the final rule, FR Doc. 2011-33078, published on
January 4, 2012 (77 FR 330), make the following corrections:
Sec. 117.3 [Corrected]
0
1. On page 398, in the second column, in Sec. 117.3, the introductory
text is corrected to read as follows:
Sec. 117.3 Definitions.
In addition to the definitions in Sec. Sec. 1.1 and 110.2 of this
chapter, the following definitions apply to this part. In the event
there is a conflict in definitions, the definitions in this part
control for purposes of the flight and duty limitations and rest
requirements of this part.
* * * * *
Sec. 117.11 [Corrected]
0
2. On pages 399 and 400, in the third column on page 399 and the first
column of page 400, in Sec. 117.11, correct paragraph (c) to read as
follows:
Sec. 117.11 Flight time limitation.
* * * * *
(c) Each certificate holder must report to the Administrator within
10 days any flight time that exceeded the maximum flight time limits
permitted by this section or Sec. 117.23(b). The report must contain a
description of the extended flight time limitation and the
circumstances surrounding the need for the extension.
* * * * *
Sec. 117.19 [Corrected]
0
3. On page 400, in the third column, in Sec. 117.19, correct paragraph
(b)(4) to read as follows:
Sec. 117.19 Flight duty period extensions.
* * * * *
(b) * * *
(4) Each certificate holder must report to the Administrator within
10 days any flight duty period that either exceeded the cumulative
flight duty periods specified in Sec. 117.23(c), or exceeded the
maximum flight duty period limits permitted by Tables B or C of this
part by more than 30 minutes. The report must contain a description of
the circumstances surrounding the affected flight duty period.
Sec. 117.23 [Corrected]
0
4. On page 401, in the first column, in Sec. 117.23, paragraph (c)(1)
is corrected to read as follows:
Sec. 117.23 Cumulative limitations
* * * * *
(c) * * *
(1) 60 flight duty period hours in any 168 consecutive hours or
* * * * *
Sec. 117.29 [Corrected]
0
5. On page 401, in the third column, in Sec. 117.29, correct paragraph
(e) to read as follows:
Sec. 117.29 Emergency and government sponsored operations.
* * * * *
(e) Each certificate holder must report within 10 days:
(1) Any flight duty period that exceeded the maximum flight duty
period permitted in Tables B or C of this part, as applicable, by more
than 30 minutes;
(2) Any flight time that exceeded the maximum flight time limits
permitted in Table A of this part and Sec. 117.11, as applicable; and
(3) Any flight duty period or flight time that exceeded the
cumulative limits specified in Sec. 117.23.
* * * * *
Sec. 121.470 [Corrected]
0
6. On page 403, in the first column, in Sec. 121.470, correct
paragraph (b) to read as follows:
Sec. 121.470 Applicability.
* * * * *
(b) Certificate holders conducting scheduled operations entirely
within the States of Alaska or Hawaii with airplanes having a passenger
seat configuration of more than 30 seats, excluding each crewmember
seat, or a payload capacity of more than 7,500 pounds, may comply with
the requirements of this subpart or subpart R of this part for those
operations.
* * * * *
Issued in Washington, DC, on November 12, 2013.
Mark W. Bury,
Assistant Chief Counsel for International Law, Legislation, and
Regulations Division, AGC-200.
[FR Doc. 2013-27539 Filed 11-18-13; 8:45 am]
BILLING CODE 4910-13-P
