Flight Attendant Duty Period Limitations and Rest Requirements, 50349-50353 [2019-20682]

Download as PDF Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS traffic could file point to point through the affected area using the fixes that will remain in place, or receive air traffic control (ATC) radar vectors through the area. Visual flight rules pilots who elect to navigate via the airways through the affected area could also take advantage of the adjacent VOR Federal airways or ATC services listed previously. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying VOR Federal airway V–7. The planned decommissioning of the VOR portion of the Falls, WI, VOR/DME has made this action necessary. The proposed VOR Federal airway change is outlined below. V–7: V–7 currently extends between the Dolphin, FL, VOR/Tactical Air Navigation (VORTAC) and the Muscle Shoals, AL, VORTAC; and between the Central City, KY, VORTAC and the Sawyer, MI, VOR/DME. The airspace below 2,000 feet mean sea level (MSL) outside the United States is excluded. The portion outside the United States has no upper limit. The FAA proposes to amend the PETTY fix in the airway description to describe it as the intersection of the existing Chicago Heights, IL, VORTAC 358° radial and the Badger, WI, VOR/DME 117°(T)/ 119°(M) radial. Additionally, the FAA proposes to remove the airway segment between the intersection of the Chicago Heights, IL, VORTAC 358° and Badger, WI, VOR/DME 117°(T)/119°(M) radials (PETTY fix) and the Green Bay, WI, VORTAC. The unaffected portions of the existing airway would remain as charted. All radials in the route description below that are unchanged are stated in True degrees. Radials that are stated in True (T) and Magnetic (M) degrees are new computations based on available NAVAIDS. VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.11D dated August 8, 2019, and effective September 15, 2019, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed in this document would be subsequently published in the Order. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to VerDate Sep<11>2014 16:14 Sep 24, 2019 Jkt 247001 keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. 50349 117°(T)/119°(M) radials. From Green Bay, WI; Menominee, MI; to Sawyer, MI. The airspace below 2,000 feet MSL outside the United States is excluded. The portion outside the United States has no upper limit. * * * * * Issued in Washington, DC, on September 18, 2019. Scott M. Rosenbloom, Acting Manager, Airspace Policy Group. [FR Doc. 2019–20690 Filed 9–24–19; 8:45 am] BILLING CODE 4910–13–P 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 Airspace, Incorporation by reference, Navigation (air). Federal Aviation Administration (FAA). ACTION: Advance notice of proposed rulemaking (ANPRM). The Proposed Amendment SUMMARY: List of Subjects in 14 CFR Part 71 In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019, and effective September 15, 2019, is amended as follows: ■ Paragraph 6010(a) Airways. * * * Domestic VOR Federal * * V–7 From Dolphin, FL; INT Dolphin 299° and Lee County, FL, 120° radials; Lee County; Lakeland, FL; Cross City, FL; Seminole, FL; Wiregrass, AL; INT Wiregrass 333° and Montgomery, AL, 129° radials; Montgomery; Vulcan, AL; to Muscle Shoals, AL. From Central City, KY; Pocket City, IN; INT Pocket City 016° and Terre Haute, IN, 191° radials; Terre Haute; Boiler, IN; Chicago Heights, IL; to INT Chicago Heights 358° and Badger, WI, PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 AGENCY: 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 https://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. E:\FR\FM\25SEP1.SGM 25SEP1 50350 Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS • 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 https://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 Dan.Ronneberg@faa.gov. 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 VerDate Sep<11>2014 16:14 Sep 24, 2019 Jkt 247001 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 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). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 holders conducting passenger-carrying operations under part 121.3 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. 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 3 14 CFR 121.391 provides that a certificate holder may, however, use more than the required number of flight attendants. 4 14 CFR 121.392. 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). E:\FR\FM\25SEP1.SGM 25SEP1 50351 Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Proposed Rules 14 hours or less, and also requires the FAA to remove the flexibility to reduce the rest period. Amending § 121.467 to fulfill the requirements of section 335(a) requires the FAA to complete economic analyses. 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 Operations, Air Transportation Division, AFS–220, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1216; email Dan.Ronneberg@faa.gov. 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. 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 A2. TABLE OF IMPACTS—ADDITIONAL FLIGHT ATTENDANT COSTS, HOURS AND NEW HIRES Year Impact category 1 2 3 Frm 00016 Fmt 4702 4 5 6 7 jbell on DSK3GLQ082PROD with PROPOSALS ($) 6: Initial implementation costs • Software/reprogramming cost • New hire cost • Training cost • Travel, lodging & per diem Recurring costs ($) *: • 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 Æ Deadhead transportation as passenger 11 Æ • 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 VerDate Sep<11>2014 16:14 Sep 24, 2019 Jkt 247001 PO 00000 Sfmt 4702 E:\FR\FM\25SEP1.SGM 25SEP1 8 9 10 50352 Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Proposed Rules jbell on DSK3GLQ082PROD with PROPOSALS In addition to the previous questions and table, the following questions request additional information and data. 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? 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. VerDate Sep<11>2014 16:14 Sep 24, 2019 Jkt 247001 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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. E:\FR\FM\25SEP1.SGM 25SEP1 Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Proposed Rules 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. jbell on DSK3GLQ082PROD with PROPOSALS 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 VerDate Sep<11>2014 16:14 Sep 24, 2019 Jkt 247001 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 https:// 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 50353 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] BILLING CODE 4910–13–P POSTAL REGULATORY COMMISSION 39 CFR part 3050 [Docket No. RM2019–14; Order No. 5238] Periodic Reporting Postal Regulatory Commission. Notice of proposed rulemaking. AGENCY: ACTION: The Commission is acknowledging a recent filing requesting the Commission initiate a rulemaking proceeding to consider changes to analytical principles relating to periodic reports (Proposal Eight). This document informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: October 16, 2019. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit SUMMARY: E:\FR\FM\25SEP1.SGM 25SEP1

Agencies

[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 https://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 
https://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\
---------------------------------------------------------------------------

    \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\ 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.
---------------------------------------------------------------------------

    \4\ 14 CFR 121.392.
---------------------------------------------------------------------------

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

    \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).
---------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Year
              Impact category              -------------------------------------------------------------------------------------------------------------
                                                1          2          3          4          5          6          7          8          9          10
--------------------------------------------------------------------------------------------------------------------------------------------------------
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\
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 50352]]

    In addition to the previous questions and table, the following 
questions request additional information and data.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 https://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]
 BILLING CODE 4910-13-P
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