
[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]


-----------------------------------------------------------------------

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

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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?>


