Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Rules and Regulations 68189

TABLE 2—SERVICE INFORMATION—Continued

Document Issue Date

EADS CASA CN–235/C–295 Technical Document, DT–0–C00–05001 ...... Issue D ...... October 2008.

Material Incorporated by Reference Transport Division (MTAD), availability of this material at the FAA, call (k) You must use the service information Integrated Customer Services (ICS), 425–227–1221. contained in Table 3 of this AD to do the Technical Services, Avenida de Arago´n 404, (4) You may also review copies of the actions required by this AD, unless the AD 28022 Madrid, Spain; telephone +34 91 585 service information that is incorporated by specifies otherwise. 55 84; fax +34 91 585 55 05; e-mail reference at the National Archives and (1) The Director of the Federal Register [email protected]; Records Administration (NARA). For approved the incorporation by reference of Internet http://www.eads.net. information on the availability of this this service information under 5 U.S.C. (3) You may review copies of the service material at NARA, call 202–741–6030, or go 552(a) and 1 CFR part 51. information at the FAA, Transport to: http://www.archives.gov/federal_register/ (2) For service information identified in Directorate, 1601 Lind Avenue SW., Renton, code_of_federal_regulations/ this AD, contact EADS–CASA, Military Washington. For information on the ibr_locations.html.

TABLE 3—MATERIAL INCORPORATED BY REFERENCE

Document Revision/issue Date

EADS CASA CMM with Illustrated Parts List 28–21–12 ...... Revision 003 ...... June 15, 2007. EADS CASA CN–235/C–295 Technical Document DT–0–C00–05001 ...... Issue C ...... October 2006. EADS CASA CN–235/C–295 Technical Document DT–0–C00–05001 ...... Issue D ...... October 2008. EADS CASA Service Bulletin SB–235–21–18 ...... Original ...... August 2, 2007. EADS CASA Service Bulletin SB–235–24–20 ...... Original ...... August 2, 2007. EADS CASA Service Bulletin SB–235–28–18 ...... Original ...... August 2, 2007. Eaton CMM with Illustrated Parts List 28–10–63 ...... Revision 3 ...... June 20, 2006. Eaton CMM with Illustrated Parts List 28–20–81 ...... Revision 2 ...... June 20, 2006. Gull CMM with Illustrated Parts List 28–40–61 ...... Revision 3 ...... June 28, 2007. Parker Hannifin CMM with Illustrated Parts List 28–22–12 ...... Revision 5 ...... January 10, 2008. Parker Hannifin CMM with Illustrated Parts List CM 1C7–20, –21 ...... Revision B ...... November 20, 2006. Zodiac Intertechnique CMM with Illustrated Parts List 28–41–05 ...... Revision 3 ...... September 25, 2006.

(The title page of EADS CASA CMM with Issued in Renton, Washington, on October assigned to the flight to substitute for a Illustrated Parts List 28–21–12 contains an 20, 2010. when that flight incorrect revision level; the correct revision Michael Kaszycki, attendant does not remain within the level is 003. The issue date of EADS CASA Acting Manager, Transport Airplane immediate vicinity of the door through CN–235/C–295 Technical Document DT–0– Directorate, Aircraft Certification Service. which passengers are . This C00–05001, Issue C; and EADS CASA CN– [FR Doc. 2010–27615 Filed 11–4–10; 8:45 am] rule will also allow a reduction of flight 235/C–295 Technical Document DT–0–C00– BILLING CODE 4910–13–P attendants remaining on board the 05001, Issue D; can only be found on the title airplane during passenger deplaning, as page and in the Revisions Record. Certain long as certain conditions are met. The pages of EADS CASA Service Bulletin SB– DEPARTMENT OF TRANSPORTATION FAA has determined that these 235–28–18 have missing or incomplete revisions to current regulations can be document numbers and dates; the correct Federal Aviation Administration made as a result of recent safety document number and dates for those pages can be found on the first page of that 14 CFR Part 121 enhancements to airplane equipment document. The date shown on the List of and procedures. These changes have [Docket No. FAA–2009–0022; Amendment mitigated the risks to passengers during Effective Pages for Eaton CMM with No.: 121–350] Illustrated Parts List 28–10–63, and Eaton ground operations that previously CMM with Illustrated Parts List 28–20–81, is RIN 2120–AJ30 required all flight attendants to be on incorrect; the correct date for that page of board the airplane during passenger those documents is June 20, 2006. The Crewmember Requirements When boarding and deplaning. Passengers are Onboard revision level shown on page 7 of Parker DATES: These amendments become Hannifin CMM with Illustrated Parts List CM AGENCY: Federal Aviation effective January 4, 2011. 1C7–20, –21 (replaces CMM RR54170), is Administration (FAA), DOT. incorrect; the correct revision level for that FOR FURTHER INFORMATION CONTACT: For ACTION: Final rule. page is B. The revision level of EADS CASA technical questions concerning this final CN–235/C–295 Technical Document DT–0– SUMMARY: Currently, during passenger rule contact Nancy Lauck Claussen, Air C00–05001, Issue C; EADS CASA CN–235/C– boarding and deplaning, all flight Transportation Division AFS–200, 295 Technical Document DT–0–C00–05001, attendants are required to be on board Federal Aviation Administration, 800 Issue D; and Eaton CMM with Illustrated the airplane. This final rule will allow Independence Avenue, SW., Parts List 28–20–81; is located only in the one required flight attendant to deplane Washington, DC 20591; telephone (202) Record of Revisions for those documents.) during passenger boarding, to conduct 267–8166; facsimile (202) 267–5229, safety-related duties, as long as certain e-mail [email protected]. For conditions are met. In addition, this rule legal questions concerning this final will allow a pilot or flight engineer not rule contact Paul G. Greer, Regulations

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Division, AGC–200; telephone (202) air carriers were not required to screen The second scenario was when one 267–3073, e-mail [email protected]. passengers for the size and amount of required flight attendant did not remain SUPPLEMENTARY INFORMATION: carry-on prior to boarding the within 30 feet of the boarding door. In aircraft. Current carry-on baggage this case, the NPRM proposed to allow Authority for This Rulemaking regulations require air carriers to limit a qualified flightcrew member, such as The FAA’s authority to issue rules on the size and amount of carry-on baggage a pilot or flight engineer, to substitute in is found in Title 49 of the that each passenger may bring onboard the cabin for one required flight United States Code. Subtitle I, section the aircraft. This has provided flight attendant who was not on the airplane 106 describes the authority of the FAA attendants with additional tools to when boarding commenced or who was Administrator. Subtitle VII, Aviation manage the handling of carry-on not within 30 feet of the boarding door. Programs, describes in more detail the baggage during passenger boarding. In The NPRM proposed that the scope of the agency’s authority. addition, § 121.585, promulgated in flightcrew member who substituted for This rulemaking is promulgated 1990, requires an air carrier to assign the required flight attendant must be under the authority described in subtitle exit seats to passengers based on a list trained and qualified on that aircraft VII, part A, subpart III, section 44701. of exit seat selection criteria and the type as a pilot or a flight engineer for Under that section, the FAA is charged passenger’s ability to perform exit seat that certificate holder. This proposed with promoting safe flight of civil functions. Because the majority of requirement ensured that the flightcrew aircraft by prescribing regulations and passengers in exit seats have been member had received emergency and minimum standards for other practices, screened to meet exit seat criteria, these security training that is specific to that methods, and procedures the considerations lead to exit seat aircraft type and that certificate holder. Administrator finds necessary for safety passengers being more likely to initiate The NPRM also proposed that the in air commerce. This regulation is ‘‘self-help’’ actions in the event of an substitute crewmember had to be within the scope of that authority since emergency during passenger boarding. prepared to conduct his or her duties by it prescribes minimum flight attendant The changes to FAA operational having in his or her possession all items requirements during passenger boarding regulations have also been required for duty by the air carrier, such and deplaning. complemented by Transportation as a flight operations or flight attendant Security Administration (TSA) manual. The substitute crewmember Background regulations, which have reduced the also had to be identifiable to the Current regulations prohibit a flight risk of a security-related threat during passengers as a working ‘‘crewmember.’’ attendant from stepping off the airplane passenger boarding or deplaning even In addition, the certificate holder had during passenger boarding and further. All of these changes have to ensure that the substitute deplaning to perform any duties if the mitigated the risks to which passengers crewmember continued to meet the duty flight attendant is one of the flight are exposed during boarding and and rest requirements of part 121. attendants required by § 121.391. deplaning. Therefore, a person substituting for an However, during passenger boarding assigned flight attendant would be Summary of the Notice of Proposed and deplaning, a flight attendant may considered ‘‘on duty’’ under the Rulemaking (NPRM) need to conduct safety-related duties proposal. outside the airplane cabin. The FAA In January 2009 the FAA issued an The NPRM also proposed to require believes that changes to regulations NPRM, Crewmember Requirements that the certificate holder describe in its since 1985 have reduced the hazards to When Passengers Are Onboard (74 FR manual system additional procedures passengers during boarding and 3469; January 21, 2009), that proposed including: deplaning. These changes have reduced to allow one required flight attendant to • The functions to be performed by risks to passengers during these phases deplane during passenger boarding, and the substitute flightcrew member and of operation by improving requirements conduct safety-related duties, as long as remaining flight attendants in an for firefighting equipment, increasing certain conditions were met. In emergency or situation requiring the time available to evacuate an addition, the NPRM would allow a emergency evacuation. Similar to the airplane, and improving accessibility to flightcrew member to substitute for a requirements found in § 121.397, the exits. Examples include: flight attendant when that flight certificate holder would have to show • Requiring lavatory smoke detectors, attendant does not remain within 30 feet that these functions were realistic, could automatic lavatory waste receptacle fire of the door through which passengers be practically accomplished, and would extinguishers, and Halon 1211 are boarding. The NPRM also proposed meet any reasonably anticipated extinguishers; to allow a reduction of flight attendants emergency; • Improving cabin interior remaining on board the airplane during • A method to ensure that the flammability standards to enhance passenger deplaning, as long as certain substitution of a flightcrew member for survivability by increasing the time conditions were met. The close of the a flight attendant during passenger before flashover occurs; comment period was April 21, 2009. boarding would not interfere with the • Improving thermal insulation safe operation of the flight (e.g., Passenger Boarding standards to reduce the risk of fire in interfering with the completion of the inaccessible parts of the airplane cabin The NPRM addressed two possible flightcrew member’s pre-flight duties, and increase the time available for a scenarios during boarding that involved etc.); passenger evacuation; and a reduction, by one, of the number of • A method to ensure that the • Improving passenger access to Type flight attendants required for boarding flightcrew member was located in the III (typically overwing) emergency exits. by § 121.391, on an airplane that passenger cabin during the time that In addition to these changes in aircraft requires more than one flight attendant. person was substituting for the flight certification regulatory requirements, The first scenario was when one attendant; the FAA has revised several operational required flight attendant stepped off the • A method to ensure that other regulations since 1985, which has also airplane during boarding to perform regulatory safety functions performed by reduced the risks to passengers during safety related duties and remained a flight attendant, such as scanning boarding and deplaning. Prior to 1987, within 30 feet of the boarding door. passenger carry-on baggage, handling

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issues such as intoxicated or disruptive effectively with an emergency personnel regarding compliance with passengers, verifying the suitability of evacuation, should the need arise. If approved exit seat or carry-on baggage exit seat passengers, and monitoring the only one flight attendant remained on programs. It also permits the flight use of child restraint systems, would be board the airplane during passenger attendant to observe passenger boarding accomplished by the flightcrew member boarding, he or she had to be located in and hear other crewmembers and and the remaining flight attendants on accordance with the air carrier’s FAA- passengers in the airplane. the airplane; and approved operating procedures. The NPRM did not address the • A method to ensure that the emergency training requirements substitute flightcrew member was Summary of the Final Rule pertaining to evacuation management, trained in all assigned flight attendant In the final rule the FAA has retained evacuation commands, and frequency of duties. most of the proposed requirements in performance drills for exit operations the NPRM. The changes are described in for pilots and flight engineers Passenger Deplaning this summary. substituting for flight attendants. In the NPRM, the FAA also proposed In the NPRM, the FAA proposed that Current emergency training to permit a reduction to half the number any flightcrew member trained and requirements for these crewmembers are of flight attendants required by qualified on the aircraft type for that identical. However, the FAA published § 121.391, rounded down to the next certificate holder, including a flightcrew an NPRM, Qualification, Service and lower number in the case of a fraction, member who was assigned to that same Use of Crewmembers and Aircraft but never fewer than one, during flight, would be permitted to substitute Dispatchers (74 FR 1280; January 12, passenger deplaning provided certain for a flight attendant who left the 2009) that would, if adopted, result in conditions were met. At the time of airplane and did not remain within 30 different emergency training deplaning, each passenger has already feet of the boarding door. The FAA requirements for flightcrew members received all required safety information received comments that a pilot’s ability and flight attendants. The NPRM on briefings and had an opportunity to to provide full time attention to the safe which this final rule is based did not review the passenger safety information operation of the aircraft would be take this potential difference in card and all posted signs and placards. degraded by adding the additional emergency training requirements into In addition, a crewmember has verified responsibility of substituting for a flight account. the suitability of exit seat passengers, attendant during passenger boarding. The FAA considers it essential that and the exit seat passengers have had an Specifically, commenters noted that this certain emergency training requirements opportunity to ask questions about their additional responsibility might divert for substituting pilots and flight exit seat responsibilities. These the pilot’s attention from performing engineers are identical to those of flight passengers are better prepared to assist preflight duties. attendants, regardless of the content of themselves in an emergency evacuation Upon further review, the FAA has the adopted final rule based upon the than those passengers just boarding an determined that substituting a January 12, 2009 NPRM. Accordingly, airplane. During deplaning, passengers flightcrew member assigned to the flight the FAA has modified the requirements are in the process of leaving the airplane for a required flight attendant may affect for substituting pilots and flight through one or more floor-level exits the safety of the operation. Therefore, engineers in this final rule to with pre-positioned passenger loading the FAA has amended the final rule to specifically require that certificate bridges or boarding stairs which lessens require that the substituting flightcrew holders ensure that substituting pilots the exposure time to the risk of an member not be assigned to operate that and flight engineers meet the emergency emergency or a possible evacuation. specific flight. training requirements for flight In the NPRM, the FAA proposed that attendants in evacuation management Additional Limitations Applicable a required flight attendant could step off and evacuation commands, as During Boarding and Deplaning of the airplane to perform safety related appropriate, and the frequency of Passengers duties if that flight attendant remained performance drills for exit operations. A In addition to the specific limitations within 30 feet of the boarding door. The substituting pilot or flight engineer previously described, the FAA proposed FAA received comments that the therefore would be required to receive requiring a certificate holder to proposed limitation of 30 feet was not training in evacuation management and duplicate ground conditions designed to restrictive enough, was difficult for a commands for unplanned land reduce risks to passengers when a flight attendant to discern, and would evacuations. reduced number of flight attendants are cause the to focus on compliance Additionally, in the final rule the on board an airplane as set forth in issues with the 30 foot rule that are not FAA has clarified its intent that the § 121.393. The proposed conditions necessarily related to the identified risks minimum number of required flight required the airplane to be stationary in of not having a full complement of attendants is based on the provisions of a level attitude with at least one floor- required flight attendants onboard § 121.391 (a) or (b), as appropriate. level exit open and all engines to be during passenger boarding or deplaning. Proposed § 121.394(a) and (b), however, shut down, mitigating the risk of an In the final rule, the FAA has revised only referred to § 121.391(a). engine torching or overheating. If the the proposed requirement that a flight Accordingly, the FAA has revised specific ground conditions were not attendant remain within 30 feet of the § 121.394(a) and (b), to refer to met, the certificate holder would not be boarding door. Instead, the FAA is § 121.391. permitted to reduce the flight attendant requiring the deplaning flight attendant In § 121.394(a)(2)(vii) of the NPRM crew below the requirements of to remain in the immediate vicinity of the FAA proposed that when a § 121.391. the passenger boarding door. flightcrew member is substituted for a Finally, the FAA proposed that the This revision permits a flight flight attendant the certificate holder flight attendants remaining on board the attendant to perform safety related must ensure that the time spent by the airplane be evenly distributed near the duties such as removing a piece of substituting flightcrew member applies floor-level exits. This proposed carry-on baggage or using the telephone towards daily duty time limits and is requirement would ensure that the flight in the cab of the passenger loading considered when determining attendants were available to deal more bridge to coordinate with ground crewmember rest requirements. In

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§ 121.394(d) the FAA has clarified its activities and duties of the flightcrew limited conditions and is not ‘‘serving’’ intent that the time spent by any member who might be tasked with as a required flight attendant. The crewmember conducting passenger additional emergency evacuation duties. substitute pilot or flight engineer must boarding or deplaning duties is ALPA further noted that significant meet the requirements of § 121.394, but considered duty time. See Legal operational demands on flightcrew does not need to meet other flight Interpretation to Brent Harper, members’ attention during preparation attendant training and qualification Southwest , Inflight Standards— for flight provide them far less requirements that are inapplicable to Manager, Regulatory Compliance, from opportunity to observe unusual events passenger boarding. that would be more quickly recognized Rebecca B. MacPherson, Assistant Chief (2) Emergency Training and by a dedicated flight attendant, Counsel, Regulations Division (August Performance Drills for Flightcrew consequently increasing the response 12, 2008). Members and Flight Attendants time critical to the successful Disposition of Comments performance of evacuation duties. ALPA The Association of Flight Attendants The FAA received 15 comments on further commented that the additional (AFA) commented that it is imperative the proposed rule. Six comments were responsibility of substituting for a flight that the FAA require that the air carrier received from airlines (American, attendant would also detract from a ensure that the flightcrew member is Continental, Southwest, Delta, Horizon, pilot’s ability to provide full time and trained according to the requirements of and US Airways), two were received attention to the safe operation of the § 121.417, Crewmember emergency from airline trade associations (Air aircraft. training. The AFA also noted that the Transport Association (ATA) and the Many individual commenters also FAA has issued another NPRM, Regional Airline Association (RAA)), questioned whether this additional Qualification, Service, and Use of two were received from labor responsibility for pilots might detract Crewmembers and Aircraft Dispatchers organizations (Association of Flight from a pilot’s ability to attend to the safe (74 FR 1280; January 12, 2009) that Attendants (AFA) and Air Line Pilots operation of the airplane or similarly proposes to change the current training Association (ALPA)), and five how a pilot’s pre-flight duties might regulations. The AFA stated that under comments were received from interfere with his or her ability to the proposed emergency training individuals. adequately monitor the boarding of requirements in that NPRM, flight The majority of the comments that the passengers. attendants would need to complete FAA received addressed: (1) The One individual commented that a ‘‘hands on’’ performance drills using substitution of flightcrew members for flightcrew member is fully capable emergency equipment and procedures flight attendants; (2) the use of a 30 foot under the requirements in the proposed every 12 months. AFA noted in contrast, limitation to determine minimum rule to take on the role of substituting that the proposed frequency of crewmember requirements; (3) the for a temporarily absent flight attendant. performance drills for flightcrew duties that may be performed by a flight However, another individual members in the NPRM will be extended attendant who has left the aircraft commented that he was unable to from 24 months to 36 months. AFA during passenger boarding; and (4) comprehend how passenger safety is commented that, if the requirements in whether the proposed rule provides a enhanced when a pilot ceases his or her the proposed rule become effective as a level of safety equivalent to current pre-flight duties by allowing a pilot or final rule, the difference in the requirements. flight engineer to substitute for a flight frequency of performance drills for attendant and suggested that a flight flight attendants and flightcrew Substitution of Flightcrew Members for attendant should contact the airline to members will not provide an equivalent Flight Attendants request additional personnel for level of safety. The FAA notes that under the current (1) Diverting Flightcrew Members From assistance rather than asking the pilot to requirements, all crewmembers, Pre-Flight Duties stop performing his or her pre- or post- flight duties. This individual further including flightcrew members, are ALPA commented that it was not asked for additional justification by the required to meet the training appropriate for a qualified flightcrew FAA for allowing this change in requirements of § 121.417, Crewmember member of the certificate holder to requirements. emergency training. This training must substitute for a flight attendant and that Upon further review, the FAA has include specific training in emergency it must take strong exception to the determined that this change, as assignments, individual instruction in proposal. ALPA noted that with the proposed, may affect the safety of the the location, function, and operation of proposal, as with its comment to Docket flight. Therefore, the FAA is amending emergency exits in the emergency No. FAA 2006–25466, Southwest proposed § 121.394(a)(2) to require that modes with the /raft Airlines Co. Petition for Clarification or the substituting flightcrew member not pack attached, instruction in the Amendment of Exemption 9382, dated be assigned to operate that specific handling of emergency situations, July 28, 2008, during any stop, flight. This provides a certificate holder including evacuation, and emergency flightcrew members have defined duties with the operational flexibility to drill training in each type of emergency intended to ensure the safety and substitute a ‘‘deadheading’’ or otherwise exit in the emergency mode, including security of the current flight or the next available flightcrew member for one the actions and forces required in the flight. ALPA stated that frequently, at flight attendant, provided the other deployment of the emergency stops of short duration, the time to conditions of § 121.394(a)(2) are met, evacuation slides. In addition, § 121.417 accomplish flight crew duties can without the potential of interfering with requires each crewmember to have already be significantly compressed, the duties of the flightcrew members training in emergency assignments and adding to the need to avoid additional who are responsible for the safe procedures, as appropriate for that tasks that would be imposed by the operation of that flight. crewmember. To substitute for a flight proposed rule. ALPA also commented In addition, in the final rule the FAA attendant it is necessary for pilots and that the proposed rule does not directly is clarifying that a substitute pilot or flight engineers to receive emergency address the potential impact of the flight engineer is ‘‘substituting’’ for a training regarding evacuation suggested procedures on the normal required flight attendant under strictly management and evacuation commands.

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This training will adequately allow Individuals commented that the 30- flight attendant to observe passenger them to perform the duties of the flight foot limitation would keep flight boarding and hear other crewmembers attendants for whom they are attendants close to the aircraft but and passengers in the airplane. It also substituting. ensure that they would be available if establishes appropriate and clear Current requirements regarding the they became needed. Another parameters for the flight attendant who frequency of emergency exit operation individual commented that the NPRM steps off the airplane. performance drills for flightcrew failed to provide any basis as to why 30 The FAA considers the ‘‘immediate members and flight attendants are feet is an appropriate distance. Two vicinity’’ of the boarding door to be the identical. The FAA recognizes that the individuals requested that the final area directly adjacent to the boarding frequency of performance drills for regulation provide justification for the door, the cab of the passenger loading flightcrew members and flight distance the FAA chooses. These bridge or the bottom of the (for attendants as proposed in the NPRM individuals further stated that they are equipped with an integrated Qualification, Service and Use of unaware of any safety related duties that airstairs). The FAA does not consider Crewmembers and Aircraft Dispatchers, would require moving more than just a the ‘‘immediate vicinity’’ of the boarding (74 FR 1280; January 12, 2009) are not few feet outside the aircraft and that a door to include that portion of the identical. To ensure that the necessary much smaller distance than 30 feet loading bridge beyond the cab, inside training in evacuation management, would be appropriate. These the terminal, at the bottom of loading evacuation commands and frequency of commenters suggested that the FAA stairs that are not integrated aircraft performance drills for exit operations change the limitation in the final rule to equipment, or anywhere on the ramp for pilots and flight engineers ‘‘the area just outside the boarding other than at the bottom of integrated substituting for required flight door.’’ airstairs. attendants are identical to those of flight The FAA specifically requested Safety Related Duties That May Be attendants, the FAA is amending the comments on the proposed 30-foot Performed by a Flight Attendant Who language in the final rule. This language limitation. Upon review of the Has Left the Aircraft During Passenger will require that the substitute comments, the FAA has determined that Boarding flightcrew member meet the emergency the proposed 30-foot limitation is training requirements for flight unduly prescriptive. However, the FAA AFA, Horizon Air, and ATA stated attendants in evacuation management does not believe that a flight attendant their concern that ‘‘safety related duties’’ and evacuation commands, as should be permitted ‘‘to the length may have different interpretations for appropriate, as well as the frequency of of the passenger loading bridge.’’ The different air carriers which may be performance drills regarding operation flight attendant must still be able to applied and enforced inconsistently. of exits in the normal and emergency maintain situational awareness of the Delta and US Airways commented that modes on that type aircraft. cabin and the passenger boarding safety related duties should pertain to process and this may not be possible in communication to ensure required Use of a 30-Foot Limitation To the event the passenger loading bridge aircraft staffing, food and hydration, and Determine Minimum Crewmember is long or contains multiple corridors. the maintenance of equipment and Requirements Horizon Air commented that the facilities essential for the health, safety, Continental, Delta, US Airways, and requirement for the flight attendant to and sanitation of all persons onboard ATA requested that the restriction that remain within 30 feet of the passenger the aircraft (e.g., lavatory maintenance). limits a flight attendant to remain boarding door will be difficult to meet American specifically commented within 30 feet of the aircraft door be without having boundaries drawn that a flight attendant who has left the changed to permit the flight attendant to around the aircraft and requested that aircraft to address safety related issues remain within the length of the the FAA consider changing the text of should be allowed to make calls passenger loading bridge. They the final rule to state that ‘‘the flight concerning operational matters such as commented that this change would attendant shall remain in the resolving catering issues. American also eliminate the potential for confusion surrounding area of the aircraft.’’ noted that resolving operational regarding estimation of a 30-foot radius The Regional Airline Association concerns can enhance a flight from the aircraft door and also prevent (RAA) supported the intent of this attendant’s ability to devote his or her unintentional violations of the proposal but considered the language of time to safety related duties. American regulation caused by an incorrect the proposal to be unduly prescriptive further commented that operational calculation of this distance. They and therefore burdensome. The RAA issues can be resolved in a minimum further commented that because also stated that ‘‘the difficulty with the amount of time if addressed when passenger loading bridge phones are not proposed text is that it causes the airline initially discovered and therefore have always available and ground staff may to focus on compliance issues that are no impact on the level of safety. not be on board the aircraft during not necessarily related to the identified Continental and US Airways boarding, this change would also hazard of not having a full complement requested that the FAA explicitly facilitate communication with ground of required flight attendants onboard include the resolution of seat staff regarding safety related issues. The during passenger boarding or duplications under safety related duties. commenters stated that this change to deplaning.’’ US Airways additionally commented the proposed requirements would still In the final rule, the FAA is requiring that safety related duties should include ensure that a flight attendant on the the deplaning flight attendant to remain the resolution of carry-on baggage passenger loading bridge would be able ‘‘within the immediate vicinity of the compliance issues. to assist in an evacuation by directing door through which passengers are ATA recommended that the proposal passengers into the terminal and could, boarding.’’ This permits a flight be revised to permit a flight attendant to in fact, assist in expeditious egress. attendant to step into the cab of the perform work related duties in addition American and ATA further suggested loading bridge to remove a piece of to safety related duties. ATA also stated that the permitted distance could be carry-on baggage and place it adjacent to that ‘‘if operational issues or concerns increased to 50 feet to account for the the stair to the ramp area or use the (e.g., duplicate seat assignments, use of stairs on wide-body aircraft. telephone, while still permitting the catering matters, staffing questions) can

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be addressed by the deplaning flight Equivalent Level of Safety of Final Rule are concerns as to whether U.S.C. attendant, then the flight attendant’s to Existing Requirements 44701(a)(5) actually provides ability to devote their complete authorization for this regulation. (1) Aviation Safety Improvements attention to safety related duties will be ALPA agrees that numerous cabin enhanced. This change will enhance AFA commented that it does not safety enhancements have been put in passenger convenience and safety.’’ believe the proposed regulation creates place on today’s aircraft as a result of An individual commented that the an equivalent level of safety to that of years of industry collaboration and requirement in the NPRM that stipulates the current requirements, that it was cooperation. However, ALPA does not the flight attendant may only perform undertaken without full consideration believe that the safety enhancements safety related tasks while not onboard of the potential consequences of the identified in the NPRM warrant the the aircraft would mean that the flight amendment, and therefore crewmember complement changes being attendant would spend a minimal recommended that the NPRM be proposed. amount of time off the aircraft. Another withdrawn in the public interest. AFA Continental, American, and ATA individual commented that the further commented that by permitting a commented that they consider the proposed requirement that flight reduction in the number of required proposed changes to be in the interest attendants may only conduct safety flight attendants during boarding, the of the traveling public, supportive of related duties helps to ensure that a FAA was not assigning, maintaining, flight attendants in the performance of flight attendant who has vacated the and enhancing safety and security as the their safety related duties, and that there aircraft will be readily available if an highest priorities in air commerce as would be no reduction in the level of emergency should occur. directed by 49 U.S.C. 40101(d) because safety for the traveling public under the The FAA considers the scope of the proposed rule did not maintain the proposed requirements. They noted that ‘‘safety related duties’’ to generally currently required ability to conduct an the FAA has correctly determined that consist of those duties that are normally emergency evacuation of the aircraft. the proposed reductions in flight performed by flight attendants that are AFA noted that changes to the attendant staffing can safely be made related to the safety of the airplane and regulations since 1985, specifically because past safety enhancements have its occupants under § 121.391(d). Those provisions for improved firefighting mitigated the risks to passengers during duties, however may now be performed equipment, improved interior ground operations. while in the immediate vicinity of the flammability standards and thermal Many individual commenters noted door through which passengers are insulation, and improved access to Type that new technology and procedures boarding. Safety related duties are those III emergency exits have reduced the have reduced the workload of flight that ensure compliance with the hazards to passengers. However, while attendants during boarding and regulations or respond to emergency AFA agrees that these changes have increased the safety of ground situations. For example, safety related resulted in improvements in cabin operations. They further commented duties include removing a piece of survivability, AFA does not agree that that the risks associated with the carry-on baggage, handling a medical they justify a reduction in flight proposed requirements would be event, using the telephone in the cab of attendant staffing requirements. minimal, and could result in significant the passenger loading bridge to An individual commenter stated that safety and efficiency benefits for coordinate with ground personnel the NPRM cites 49 U.S.C. 44701(a)(5) as boarding operations. Commenters also regarding compliance with approved the authority for this rulemaking. That noted that the proposed changes could exit seat and carry-on baggage programs, section authorizes the head of the FAA increase the safety and security of and handling safety and security issues to promulgate regulations ‘‘necessary for passengers and with the improvements such as a disruptive passenger or a safety’’ on commercial aircraft. The made in safety and security procedures passenger who appears to be commenter further noted that the NPRM and equipment, the current intoxicated. argues that this authorized reduction of requirements are out of date. In These duties specifically do not flight attendants ‘‘may be in the interest addition, they commented that the include non-safety related duties, such of the traveling public.’’ This individual workload placed on flight attendants as ordering supplies, resolving also noted that the NPRM does not has dramatically changed, requiring less catering issues, handling passenger contain any explanation of why this personnel and effort to maintain a itineraries or seat duplications, measure would be in the interest of the superior level of safety and that this completing company paperwork not public or how it is required for safety. proposed rule would better suit the required for the safe operation of the The commenter also stated that the airline operations of today, increasing airplane, obtaining food and beverages NPRM focuses solely on why this efficiency, while taking no penalty in for crewmembers, or conducting measure would not impair safety. This regards to the safety and security of communications related to aircraft individual expressed concern that the travelers and employees. staffing, crew scheduling, or the proposed rule does not seek to serve the When developing the final rule maintenance of sanitation equipment safety interests of the passengers, but is ‘‘Number of Flight Attendants Required and facilities. rather a deregulatory measure designed During Intermediate Stops’’ (47 FR As noted by commenters, restricting to ease personnel burdens on air carriers 56460; December 16, 1982) the FAA the type of duties that a flight attendant and requested that the FAA explain how considered the safety concerns may perform will limit the time the allowing a flight attendant to leave the associated with reducing minimum flight attendant will be off the is ‘‘necessary for safety,’’ and flight attendant crew during and ensure that a flight attendant who elaborate on why an airline cannot intermediate stops. At that time the has left the aircraft will be readily simply request additional assistance if FAA determined that the unique available if an emergency should occur. such a safety issue exists. This conditions existing during intermediate Accordingly, in the final rule the FAA individual also stated that the public stops permitted a reduction in the has retained the requirement that the deserves to know what the minimum flight attendant crew from flight attendant who has left the aircraft ‘‘unintentional consequences’’ of the that previously required by § 121.391. may only conduct safety duties related current rule are and noted that if the These conditions include that the to the flight being boarded. FAA cannot advance such reasons, there airplane is stationary in a level attitude

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with at least one floor-level exit open, that ‘screening’ is quite minimal. This carry-on baggage is because carriers are all engines are shut down, thus individual further commented that the not adequately screening the amounts mitigating the risk of an emergency assumption that an average citizen is and size of carry-on baggage prior to arising from engine torching or just as well equipped to initiate and boarding and do not have adequate overheating, and additional personnel lead an evacuation as a trained flight ground staff to perform this function. are nearby to assist in the event of an attendant is a doubtful proposition. The FAA generally does not consider emergency. This final rule requires that Conversely, another individual the movement of passengers in the these conditions also exist during commented that passengers in exit seats aisles of the aircraft while boarding to boarding and deplaning in order to are now pre-screened to ensure they are be a safety issue. However, the FAA permit a reduction in the minimum capable of fulfilling emergency exit does agree that management of carry-on number of flight attendants. These responsibilities. baggage in the aircraft cabin is a safety conditions, along with the numerous The purpose of § 121.585, Exit issue. Allowing flight attendants to step safety enhancements enacted since the seating, was to establish criteria for off the aircraft during boarding to adoption of the 1982 Final Rule serve to passengers who occupy seats adjacent to remove excess carry-on bags to the maintain an equivalent level of safety as exits (55 FR 8072; March 6, 1990). The passenger loading bridge, instead of that provided by the current regulations. provisions of that rule require air having these bags in the aircraft aisle or Accordingly, the FAA has determined carriers to only provide exit seats to galley area where they may impede that it is appropriate to reduce the passengers who appear to be able to emergency egress from the aircraft, is a minimum required flight attendant crew perform functions in an emergency positive safety enhancement. The FAA from that required by § 121.391 and to evacuation, and require that, prior to agrees with the commenters that flight allow one flight attendant to leave the pushback or taxi, a crewmember verify attendants may need to step off the aircraft to perform safety related duties that no exit seat is occupied by a person aircraft to remove excess carry-on during boarding provided the flight the crewmember determines is likely to baggage that can not be stowed safely in attendant remains within the immediate be unable to perform the applicable the cabin. Baggage screening and ground vicinity of the door through which functions of an exit seat. The FAA did staffing issues, however, are beyond the passengers are boarding. The FAA not intend that passengers who occupy scope of this rulemaking. contends that the regulations set forth in exit seats meet the training and AFA commented that the FAA has this final rule promote safe flight of civil qualification requirements that prepare neither thoroughly or even adequately aircraft in a manner necessary for safety a flight attendant to initiate and lead an considered the injury consequences that in air commerce. The FAA believes that evacuation. The FAA intended that could result from flight attendants being its action not only assigns, maintains, these requirements would result in an required to lift and handle passenger and enhances safety as the highest airline passenger who occupies an exit bags. AFA further commented that this priorities in air commerce as directed by seat to be able to physically open the may also be contrary to many carrier 49 U.S.C. 40101(d)(1), but also serves to exit, understand flight attendant policies that do not require flight regulate air commerce in a way that best commands and be able to understand attendants to lift passenger carry-on promotes safety as required by 49 U.S.C. and concentrate on their exit seat baggage, and in fact, have denied flight 40101(d)(2). responsibilities. The FAA contends that attendant industrial claims regarding the various provisions of the exit seat injuries resulting from stowing of (2) Exit Seat Passengers rule reduce the likelihood of passenger- passenger carry-on baggage. In the NPRM the FAA stated that caused evacuation delays. Many exit This rulemaking does not require an passengers in exit seats will likely seat passengers are pre-screened by air carrier to change operational policies initiate their own self-help in the event ground personnel or undergo selective or procedures nor does it address air of an emergency. AFA commented that procedures during online ticketing. The carrier policies regarding flight it was inappropriate for the agency to exit seat rule, in addition to the safety attendants lifting and handling use this assumption to justify a enhancements discussed earlier, has passenger bags. The FAA also considers reduction in flight attendant staffing. resulted in improvements in cabin this comment to be outside the scope of AFA commented that until a flight survivability that facilitate the this rulemaking. attendant has verified that an exit seat conditions necessary to initiate the passenger meets appropriate criteria to regulatory changes in this final rule. (4) Emergency Evacuation Procedures occupy an exit row seat, and has been AFA commented that the FAA should (3) Carry-On Baggage briefed on exit row responsibilities and determine who is going to be the directions regarding the opening AFA commented that carry-on bags responsible for opening the emergency method of the emergency exit, the were still a problem at their individual exit on the aircraft if the flight attendant passenger could be sitting in an exit row member air carriers and that the amount assigned to that exit is permitted to be seat during the entire boarding process of carry-on baggage has not been 30 feet up the jetway. without actually meeting the applicable reduced, as the FAA discussed in the Under current rules the FAA does not criteria for occupying that seat. NPRM. AFA stated that during require each flight attendant to remain ALPA commented that exit row passenger boarding the cabin can be a directly adjacent to his or her assigned briefings by a trained cabin hectic, confusing environment with exit during boarding. Flight attendants crewmember do not qualify an many passengers standing in the aisle, typically move around the cabin during individual to make time-critical possibly moving in different directions. passenger boarding. If an emergency decisions in terms of initiating a cabin AFA further stated that stowage and evacuation was necessary during evacuation. ALPA further stated that removal of carry-on baggage is one of boarding, the flight attendant would intervention on the part of a trained and the factors that contribute to the either return to his or her assigned exit, qualified cabin crewmember must be confusion, contention, and additional or another flight attendant would open available at all times. movements in the aisle during boarding. the exit. An individual commented that AFA further commented that one of the Based on this comment and other current regulations fail to prevent any main reasons flight attendants need to comments received, the FAA has adult from sitting in an exit row and get off the aircraft to deal with removing revised the proposed language which

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would have required a flight attendant themselves apparent prior to passengers Miscellaneous to remain within 30 feet of the boarding an aircraft. Permitting a flight (1) Limitations on Leaving the Aircraft passenger boarding door. The final rule attendant to step off the aircraft to After Flight Attendant Substitution requires the flight attendant to remain perform safety related duties does not within the immediate vicinity of the result in a decreased ability to maintain AFA commented that the NPRM boarding door. Under the limitation in awareness of potential security threats allows a reduction of two flight the final rule, a flight attendant who has in the vicinity of an aircraft, but rather attendants for boarding due to the fact stepped off the aircraft may be in a expands the area where those threats that the FAA is proposing to allow a better position to assist in the opening may be observed. flightcrew member to substitute for of certain floor level exits and The FAA agrees that the DHS is another flight attendant. facilitating an evacuation than a flight required to consult with the agency The NPRM, as well as the final rule, attendant who is located in the middle before taking any action that might explicitly states that at no time during of the cabin. affect aviation safety. In addition, the boarding may more than one required FAA regularly consults with DHS, TSA, flight attendant leave the aircraft. A (5) Security Requirements and other governmental agencies when substituting pilot or flight engineer is AFA commented that security developing regulations that could not considered to be a flight attendant situations can and do arise which could potentially affect aviation security. for purposes of meeting the minimum require an immediate response by the required compliment of flight attendants Reduction in the Number of Required flight attendant crew acting as a specified in § 121.391. coordinated team. The AFA further Flight Attendants During Passenger If a pilot or flight engineer is commented that despite stronger Deplaning substituting for a required flight security regulations, threats still present Delta, US Airways and Continental all attendant under the provisions of this themselves. generally commented that they support rule during passenger boarding, the An individual commented that the the FAA proposal to alter crew substituting pilot or flight engineer and NPRM failed to account for the potential limitations applicable to passenger the remaining flight attendants may not impact on security and that the NPRM deplaning which would permit a leave the aircraft. Accordingly, a ignored public expectations of flight reduction to half the number of flight substituting pilot or flight engineer, or attendants during boarding. This attendants required by § 121.391(a), remaining flight attendant(s), may not individual noted that most members of rounded down to the next lower number leave the airplane with the intent to the public look to flight attendants to in the case of a fraction, but never fewer conduct safety related duties, even if spot potentially dangerous situations than one. They stated that this change that person remains within the before they develop and that flight in limitations would support occasions immediate vicinity of the door through attendants are likely the only people on when a flight attendant may be asked to which passengers are boarding. board trained to recognize and handle conduct other than safety related duties these situations. The commenter further during passenger deplaning such as (2) Relationship of Rule to Previous noted that if a flight attendant leaves the maintaining custody of an Petitions for Exemption cabin, there is one less person present unaccompanied minor. One airline AFA commented that it believes the to notice and respond to a dangerous commented that ‘‘it would also help proposal is an ‘‘extension’’ of Southwest circumstance. This individual stated ensure appropriate crew nutrition (an Airlines’ petition for exemption and that in addition to more thoroughly effective element of fatigue mitigation) therefore its previous comments to that considering this issue, the FAA should by permitting a crewmember leaving the petition for exemption are relevant for explicitly consult the Department of aircraft to procure food or beverage the FAA to consider in this rulemaking Homeland Security (DHS) on this between flights.’’ as well. proposal. The commenter further noted AFA commented that in the NPRM The FAA has considered those that 6 U.S.C. 233 requires that the the FAA stated that a safety related comments submitted in response to Secretary of Homeland Security consult reason a flight attendant may need to Southwest Airlines’ petition for the head of the FAA on measures step off the aircraft during deplaning exemption (Docket No.: FAA–2006– affecting airline safety, although there would be to maintain custody of an 25466) from §§ 121.391(a) and does not appear to be a reciprocal unaccompanied minor. AFA noted that 121.393(b) in developing this proposal. requirement that the FAA contact the this is not a safety related duty. The Secretary. The commenter also stated FAA agrees that maintaining custody of (3) Additional Comments Beyond the that this law evinces a Congressional an unaccompanied minor is not a safety Scope of This Rulemaking intent that FAA and DHS consult on related duty and that the AFA commented that the FAA should matters affecting airline safety. characterization of this action as safety also determine why passengers are able This final rule provides operational related in the NPRM was in error. to bring excess and oversized carry-on flexibility while regulating air However, the FAA clarifies that the baggage on board the aircraft and how commerce in a manner that best ‘‘safety related duty’’ test is only applied to prevent this problem as a regulator promotes aviation safety. In response to as criteria to allow one required flight instead of first reducing the number of comments, the FAA has revised the attendant to step off the aircraft during flight attendants required during proposal to require that flight attendants passenger boarding. The provisions in boarding and deplaning. who have stepped off the aircraft remain the final rule that allow the reduction of RAA supported the FAA’s initiative to within the immediate vicinity of the flight attendants during passenger revise this regulation so that it offers boarding door. The FAA has determined deplaning do not require the flight airlines more flexibility in achieving that this revision will help to ensure attendants who step off the aircraft to their safety responsibilities. RAA that a flight attendant who steps off an only accomplish safety related duties. suggested, however, that FAA’s aircraft can maintain awareness of Maintaining custody of an commitment to the Safety Management potential security threats and the ability unaccompanied minor is therefore an System requires that regulations be to immediately respond to those threats, appropriate duty for a flight attendant to written in a style that clearly addresses to include threats that may make perform during deplaning. the identified safety issue and that the

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administrative issues necessary to Regulatory Evaluation, Regulatory regulatory action’’ as defined in section ensure compliance with identified Flexibility Determination, International 3(f) of Executive Order 12866, and is not hazards be placed in an advisory Trade Impact Assessment, and ‘‘significant’’ as defined in DOT’s circular, 8900 series order, or within the Unfunded Mandates Assessment Regulatory Policies and Procedures. preamble to the regulation, and not Changes to Federal regulations must Regulatory Flexibility Determination within the regulation itself. RAA further undergo several economic analyses. The Regulatory Flexibility Act of 1980 commented that this action will permit First, Executive Order 12866 directs that (Pub. L. 96–354) (RFA) establishes ‘‘as a airlines to develop and implement each Federal agency shall propose or principle of regulatory issuance that procedures and controls specific to their adopt a regulation only upon a reasoned agencies shall endeavor, consistent with unique operations that will ensure that determination that the benefits of the the objectives of the rule and of their hazard mitigation and regulatory intended regulation justify its costs. applicable statutes, to fit regulatory and compliance efforts are as efficient and Second, the Regulatory Flexibility Act informational requirements to the scale effective as possible. of 1980 (Pub. L. 96–354) requires of the businesses, organizations, and Regulations regarding carry-on agencies to analyze the economic governmental jurisdictions subject to impact of regulatory changes on small baggage and the implementation of regulation. To achieve this principle, entities. Third, the Trade Agreements safety management systems are beyond agencies are required to solicit and Act of 1979 (Pub. L. 96–39), as amended the scope of this final rule. consider flexible regulatory proposals by the Uruguay Round Agreements Act and to explain the rationale for their Conclusion (Pub. L. 103–465) prohibits agencies actions to assure that such proposals are from setting standards or engaging in given serious consideration.’’ The RFA The FAA has determined that these related activities that create unnecessary covers a wide-range of small entities, revisions to current regulations can be obstacles to the foreign commerce of the including small businesses, not-for- made as a result of safety enhancements United States. In developing U.S. profit organizations, and small to airplane certification and operational standards, these acts require agencies to governmental jurisdictions. requirements. These changes have consider international standards and, Agencies must perform a review to mitigated the risks to passengers during where appropriate, that they be the basis determine whether a rule will have a ground operations that previously of U.S. standards. Fourth, the Unfunded significant economic impact on a required all flight attendants on board Mandates Reform Act of 1995 (Pub. L. substantial number of small entities. If the airplane during passenger boarding 104–4) requires agencies to prepare a the agency determines that it will, the and deplaning. written assessment of the costs, benefits, agency must prepare a regulatory and other effects of proposed or final This final rule will increase safety and flexibility analysis as described in the rules that include a Federal mandate RFA. efficiency in commercial passenger likely to result in the expenditure by operations by permitting one required However, if an agency determines that State, local, or tribal governments, in the a rule is not expected to have a flight attendant to deplane during aggregate, or by the private sector, of significant economic impact on a passenger boarding, and conduct safety $100 million or more annually (adjusted substantial number of small entities, related duties, as long as certain for inflation with base year of 1995). section 605(b) of the RFA provides that conditions are met, and by allowing a This portion of the preamble the head of the agency may so certify reduction of flight attendants remaining summarizes the FAA’s analysis of the and a regulatory flexibility analysis is on board the airplane during passenger economic impacts of this final rule. not required. The certification must deplaning, as long as certain conditions Department of Transportation Order include a statement providing the are met. DOT 2100.5 prescribes policies and factual basis for this determination, and procedures for simplification, analysis, Paperwork Reduction Act the reasoning should be clear. and review of regulations. If the Because there were no comments on The Paperwork Reduction Act of 1995 expected cost impact is so minimal that the regulatory flexibility determination, (44 U.S.C. 3507(d)) requires that the a proposed or final rule does not our conclusion that there is no FAA consider the impact of paperwork warrant a full evaluation, this order significant economic impact on a and other information collection permits that a statement to that effect substantial number of small entities has and the basis for it to be included in the burdens imposed on the public. We not changed. As this final rule merely preamble if a full regulatory evaluation have determined that there is no current allows one required flight attendant to of the cost and benefits is not prepared. or new requirement for information deplane during passenger boarding, and Such a determination has been made for conduct safety related duties, the collection associated with this this final rule. The reasoning for this amendment. expected outcome will have only a determination follows. minimal impact on any small entity International Compatibility Since this final rule only permits a affected by this rulemaking action. reduction in the required number of Therefore, the FAA Administrator In keeping with U.S. obligations flight attendants or the substitution of a certifies that this rule will not have a under the Convention on International pilot or flight engineer not assigned to significant economic impact on a , it is FAA policy to the flight for a flight attendant during substantial number of small entities. conform to International Civil Aviation passenger boarding and allows a International Trade Analysis Organization (ICAO) Standards and reduction of flight attendants remaining Recommended Practices to the on board the airplane during passenger The Trade Agreements Act of 1979 maximum extent practicable. The FAA deplaning, the expected outcome will be (Pub. L. 96–39), as amended by the has determined that there are no ICAO a minimal impact with positive net Uruguay Round Agreements Act (Pub. Standards and Recommended Practices benefits, and a regulatory evaluation L. 103–465), prohibits Federal agencies that correspond to these regulations. was not prepared. from establishing any standards or The FAA has, therefore, determined engaging in related activities that create that this final rule is not a ‘‘significant unnecessary obstacles to the foreign

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commerce of the United States. Regulations That Significantly Affect ■ 2. Revise § 121.391(a) introductory Pursuant to these Acts, the Energy Supply, Distribution, or Use text to read as follows: establishment of standards are not The FAA analyzed this final rule § 121.391 Flight attendants. considered unnecessary obstacles to the under Executive Order 13211, Actions foreign commerce of the United States, (a) Except as specified in § 121.393 Concerning Regulations that and § 121.394, each certificate holder so long as the standards have a Significantly Affect Energy Supply, legitimate domestic objective, such the must provide at least the following Distribution, or Use (May 18, 2001). We flight attendants on board each protection of safety, and do not operate have determined that it is not a in a manner that excludes imports that passenger-carrying airplane when ‘‘significant energy action’’ under the passengers are on board: meet this objective. The statutes also executive order and it is not likely to * * * * * require consideration of international have a significant adverse effect on the ■ standards and, where appropriate, that supply, distribution, or use of energy. 3. Add § 121.394 to read as follows: they be the basis for U.S. standards. The FAA notes the purpose is to ensure the Availability of Rulemaking Documents § 121.394 Flight attendant requirements during passenger boarding and deplaning. safety of the American public, and has You can get an electronic copy of assessed the effects of this rule to ensure (a) During passenger boarding, on rulemaking documents using the each airplane for which more than one it does not exclude imports that meet Internet by— this objective. As a result, this final rule flight attendant is required by § 121.391, 1. Searching the Federal eRulemaking the certificate holder may: is not considered as creating an Portal (http://www.regulations.gov); unnecessary obstacle to foreign (1) Reduce the number of required 2. Visiting the FAA’s Regulations and commerce. flight attendants by one, provided that: Policies Web page at http:// (i) The flight attendant that leaves the Unfunded Mandates Assessment www.faa.gov/regulations_policies/ or aircraft remains within the immediate 3. Accessing the Government Printing vicinity of the door through which Title II of the Unfunded Mandates Office’s Web page at http:// passengers are boarding; Reform Act of 1995 (Pub. L. 104–4) www.gpoaccess.gov/fr/index.html. (ii) The flight attendant that leaves the requires each Federal agency to prepare You can also get a copy by sending a aircraft only conducts safety duties a written statement assessing the effects request to the Federal Aviation related to the flight being boarded; of any Federal mandate in a proposed or Administration, Office of Rulemaking, (iii) The airplane engines are shut final agency rule that may result in an ARM–1, 800 Independence Avenue, down; and expenditure of $100 million or more (in SW., Washington, DC 20591, or by (iv) At least one floor level exit 1995 dollars) in any one year by State, calling (202) 267–9680. Make sure to remains open to provide for passenger local, and tribal governments, in the identify the amendment number or egress; or aggregate, or by the private sector; such docket number of this rulemaking. (2) Substitute a pilot or flight engineer a mandate is deemed to be a ‘‘significant Anyone is able to search the employed by the certificate holder and regulatory action.’’ The FAA currently electronic form of all comments trained and qualified on that type uses an inflation-adjusted value of received into any of our dockets by the airplane for one flight attendant, $143.1 million in lieu of $100 million. name of the individual submitting the provided the certificate holder— This final rule does not contain such comment (or signing the comment, if (i) Describes in the manual required a mandate; therefore, the requirements submitted on behalf of an association, by § 121.133: of Title II of the Act do not apply. business, labor union, etc.). You may (A) The necessary functions to be review DOT’s complete Privacy Act performed by the substitute pilot or Executive Order 13132, Federalism statement in the Federal Register flight engineer in an emergency, to include a situation requiring an The FAA has analyzed this final rule published on April 11, 2000 (Volume emergency evacuation. The certificate under the principles and criteria of 65, Number 70; Pages 19477–78) or you holder must show those functions are Executive Order 13132, Federalism. We may visit http://DocketsInfo.dot.gov. realistic, can be practically determined that this action will not List of Subjects in 14 CFR Part 121 accomplished, and will meet any have a substantial direct effect on the reasonably anticipated emergency; and States, or the relationship between the Aviation Safety, Air carriers, Air (B) How other regulatory functions Federal Government and the States, or transportation, Airplanes, , performed by a flight attendant will be on the distribution of power and Boarding, Crewmembers, Deplaning, accomplished by the substitute pilot or responsibilities among the various Flight attendants, Pilots, Transportation, Common carriers. flight engineer on the airplane. levels of government, and, therefore, (ii) Ensures that the following does not have federalism implications. The Amendment requirements are met: Environmental Analysis ■ In consideration of the foregoing, the (A) The substitute pilot or flight Federal Aviation Administration engineer is not assigned to operate the FAA Order 1050.1E identifies FAA amends chapter I, part 121 of title 14, flight for which that person is actions that are categorically excluded Code of Federal Regulations, as follows: substituting for a required flight from preparation of an environmental attendant. assessment or environmental impact PART 121—OPERATING (B) The substitute pilot or flight statement under the National REQUIREMENTS: DOMESTIC, FLAG, engineer is trained in all assigned flight Environmental Policy Act in the AND SUPPLEMENTAL OPERATIONS attendant duties regarding passenger absence of extraordinary circumstances. handling. The FAA has determined this ■ 1. The authority citation for part 121 (C) The substitute pilot or flight rulemaking action qualifies for the continues to read as follows: engineer meets the emergency training categorical exclusion identified in Authority: 49 U.S.C. 106(g), 40113, 40119, requirements for flight attendants in paragraph 312(f) and involves no 41706, 44101, 44701–44702, 44705, 44709– evacuation management and evacuation extraordinary circumstances. 44711, 44713, 44716–44717, 44722, 46105. commands, as appropriate, and

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frequency of performance drills DEPARTMENT OF COMMERCE requirements in that rule was delayed. regarding operation of exits in the OMB approved the collection-of- normal and emergency modes on that National Oceanic and Atmospheric information requirements contained in type aircraft. Administration the final rule on September 22, 2010. Under NOAA Administrative Order (D) The substitute pilot or flight 15 CFR Part 902 205–11, dated December 17, 1990, the engineer is in possession of all items Under Secretary for Oceans and required for duty. 50 CFR Part 665 Atmosphere has delegated authority to (E) The substitute pilot or flight sign material for publication in the [Docket No. 0907211157–0522–04] engineer is located in the passenger Federal Register to the Assistant cabin. RIN 0648–AX76 Administrator for Fisheries, NOAA. (F) The substitute pilot or flight Fisheries in the Western Pacific; Classification engineer is identified to the passengers. Community Development Program This final rule has been determined to (G) The substitution of a pilot or flight Process be not significant for purposes of engineer for a required flight attendant Executive Order 12866. does not interfere with the safe AGENCY: National Marine Fisheries Notwithstanding any other provision operation of the flight. Service (NMFS), National Oceanic and of the law, no person is required to Atmospheric Administration (NOAA), respond to, and no person shall be (H) The airplane engines are shut Commerce. down. subject to penalty for failure to comply ACTION: Final rule; effectiveness of with, a collection of information subject (I) At least one floor-level exit remains collection-of-information requirements. to the requirements of the Paperwork open to provide for passenger egress. Reduction Act (PRA), unless that (b) During passenger deplaning, on SUMMARY: In this rule, NMFS announces collection of information displays a each airplane for which more than one approval by the Office of Management currently valid OMB control number. flight attendant is required by § 121.391, and Budget (OMB) of collection-of- This final rule contains new information requirements contained in the certificate holder may reduce the collection-of-information requirements regulations implementing Amendment 1 number of flight attendants required by subject to the PRA under OMB Control to the Fishery Ecosystem Plans for that paragraph provided: Number 0648–0612. The public American Samoa, Hawaii, the Mariana reporting burden for developing and (1) The airplane engines are shut Archipelago, and Western Pacific submitting a development plan is down; Pelagic Fisheries, relating to the estimated to average six hours per (2) At least one floor level exit community development plan process. response, including the time for remains open to provide for passenger The intent of this final rule is to inform reviewing instructions, searching egress; and the public that OMB has approved the existing data sources, gathering and associated reporting requirements. (3) The number of flight attendants on maintaining the data needed, and DATES: New 50 CFR 665.20(c), completing and reviewing the collection board is at least half the number published at 75 FR 54044 (September 3, information. Send comments regarding required by § 121.391, rounded down to 2010), has been approved by OMB and these burden estimates or any other the next lower number in the case of is effective on December 6, 2010. The aspect of this data collection, including fractions, but never fewer than one. amendment to 15 CFR part 902 in this suggestions for reducing the burden, to (c) If only one flight attendant is on rule is effective December 6, 2010. NMFS (see ADDRESSES) and to OMB by the airplane during passenger boarding ADDRESSES: Written comments e-mail to or deplaning, that flight attendant must regarding the burden-hour estimates or [email protected] or fax be located in accordance with the other aspects of the collection-of- to 202–395–7285. certificate holder’s FAA-approved information requirements contained in List of Subjects in 15 CFR Part 902 operating procedures. If more than one this final rule may be submitted to flight attendant is on the airplane during NMFS, attention Michael D. Tosatto, Reporting and recordkeeping passenger boarding or deplaning, the 1601 Kapiolani Blvd., Honolulu, HI requirements. flight attendants must be evenly 96814, and to OMB by e-mail to Dated: November 2, 2010. distributed throughout the airplane [email protected] or fax Samuel D. Rauch III, cabin, in the vicinity of the floor-level to 202–395–7285. Deputy Assistant Administrator for exits, to provide the most effective FOR FURTHER INFORMATION CONTACT: Regulatory Programs, National Marine assistance in the event of an emergency. Jarad Makaiau, NMFS Pacific Islands Fisheries Service. (d) The time spent by any Region (PIR), Sustainable Fisheries, tel ■ For the reasons set out in the crewmember conducting passenger 808–944–2108. preamble, 15 CFR part 902 is amended boarding or deplaning duties is SUPPLEMENTARY INFORMATION: A final as follows: considered duty time. rule for Amendment 1 was published in the Federal Register on September 3, PART 902—NOAA INFORMATION Issued in Washington, DC, on October 28, 2010 (75 FR 54044). The requirements COLLECTION REQUIREMENTS UNDER 2010. of that final rule, other than the THE PAPERWORK REDUCTION ACT: J. Randolph Babbitt, collection-of-information requirements, OMB CONTROL NUMBERS Administrator, Federal Aviation were effective on October 4, 2010. ■ 1. The authority citation for part 902 Administration. Because OMB had not approved the continues to read as follows: [FR Doc. 2010–28056 Filed 11–4–10; 8:45 am] collection-of-information requirements Authority: 44 U.S.C. 3501 et seq. BILLING CODE 4910–03–P by the date that final rule was published, the effective date of the ■ 2. In § 902.1, amend the table in associated permitting and reporting paragraph (b), under the entry ‘‘50 CFR’’

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