Interpretation of the Flight Time Limitations, 19251-19252 [2015-07991]

Download as PDF Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules (2) Within 36 months after the effective date of this AD, replace all H–11 steel barrel nuts with new Inconel barrel nuts. (ii) If no H–11 steel barrel nut is found at all attachment point locations, no further work is required by this paragraph. (h) Exception to Service Information Specifications Where Boeing Alert Service Bulletin 767– 53A0261, dated August 12, 2014, specifies a compliance time ‘‘after the Original Issue date of this Service Bulletin,’’ this AD requires compliance within the specified compliance time after the effective date of this AD. (i) Parts Installation Prohibition As of the effective date of this AD, no person may install an H–11 steel barrel nut on the vertical stabilizer of any airplane. rljohnson on DSK3VPTVN1PROD with PROPOSALS (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) If any service information contains steps that are identified as RC, those steps must be done to comply with this AD; any steps that are not identified as RC are recommended. Those steps that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the steps identified as RC can be done and the airplane can be put back in a serviceable condition. Any substitutions or changes to steps identified as RC require approval of an AMOC. (k) Related Information (1) For more information about this AD, contact Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6577; fax: 425–917–6590; email: berhane.alazar@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial VerDate Sep<11>2014 19:04 Apr 09, 2015 Jkt 235001 Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206– 544–5000, extension 1; fax 206–766–5680; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on March 24, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–08072 Filed 4–9–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 121 [Docket No. FAA–2015–0881] Interpretation of the Flight Time Limitations Federal Aviation Administration (FAA), DOT. ACTION: Notice of Proposed Interpretation AGENCY: 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: Alex.Zektser@faa.gov. SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 19251 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 latefiled 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 § 121.515 and §§ 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 E:\FR\FM\10APP1.SGM 10APP1 19252 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules 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 § 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. rljohnson on DSK3VPTVN1PROD with PROPOSALS Discussion of the Proposal 1 14 CFR 121.513. 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). 2 14 15:27 Apr 09, 2015 [FR Doc. 2015–07991 Filed 4–9–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Jkt 235001 [Docket No. USCG–2014–0358] RIN 1625–AA09 Drawbridge Operation Regulation; Missouri River, Atchison, KS Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to change the operating schedule that governs the Atchison Railroad Drawbridge, Mile 422.5, across the Missouri River at Atchison, KS. Under the proposed rule, the drawbridge will open on signal if at least a two-hour notification is given. This proposed rule allows the bridge to operate under the customary schedule that has been adopted by the waterway users. DATES: Comments and related material must reach the Coast Guard on or before May 11, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2014–0358 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. Eric Washburn, Bridge Administrator, Western Rivers, Bridge Branch, the Coast Guard; telephone 314–269–2378, email Eric.Washburn@uscg.mil. If you have SUMMARY: PO 00000 Frm 00009 Fmt 4702 questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms 33 CFR Part 117 Normally, air carriers conducting allcargo supplemental operations under part 121 must operate pursuant to the flight, duty, and rest provisions of §§ 121.503 through 121.509. However, supplemental air carriers conducting overseas and international all-cargo operations may elect, pursuant to § 121.513, to comply with the flight time limitations of § 121.515 and §§ 121.521 through 121.525 (commonly referred to as the ‘‘international rules’’).1 Section 121.521 governs the smallestsize flightcrew that can operate under these international rules. The regulatory text of § 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 § 121.521 states that there must be at least three flight crewmembers in order for § 121.521 to apply: (1) two pilots; and (2) at least one additional flight crewmember. The FAA reaffirmed this plain-text reading of § 121.521 in a 2012 interpretation in which it found that a flightcrew consisting of three pilots would be subject to the provisions of § 121.521.3 Because § 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 § 121.521 only applies to a flightcrew that has at least three flight crewmembers, the FAA proposes to find that § 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 § 121.503 and § 121.505, which, among other things, apply to a flightcrew consisting solely of two pilots. VerDate Sep<11>2014 Issued in Washington, DC on April 1, 2015. Mark W. Bury, Assistant Chief Counsel for Regulations, AGC–200. Sfmt 4702 CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code A. Public Participation and Request for Comments We encourage you to participate in this proposed rulemaking by submitting comments and related materials. All comments received will be posted, without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting comments If you submit a comment, please include the docket number for this proposed rulemaking (USCG–2014– 0358), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (http:// www.regulations.gov), or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG–2014–0358] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received E:\FR\FM\10APP1.SGM 10APP1

Agencies

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19251-19252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[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: Alex.Zektser@faa.gov.

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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    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?>