Issue Will Be Revisited, But For Now, Proposed Rule Is "Out Of Date"

The FAA announced Tuesday it is withdrawing a previously published NPRM that proposed to establish one set of duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The NPRM also proposed to establish consistent and clear duty period limitations, flight time limitations, and rest requirements for domestic, flag, supplemental, commuter and on-demand operations.

The notice or withdrawal, published in the Federal Register, said the administration is taking the action because the NPRM is outdated, and because of the many significant issues commenters raised. The FAA intends to issue a new NPRM to address flight, duty, and rest.

The proposed NPRM was first drafted 17 years ago by the Aviation Rulemaking Advisory Committee (ARAC) Flight Crewmember  Flight/Duty Rest Requirements working group. The notice was first published back in 1995. The proposed rule was based on proposals from the ARAC working group, the petitions for rulemaking from the industry and others, National Transportation Safety Board (NTSB) recommendations, and existing knowledge of fatigue, including research by the National Aeronautics and Space Administration (NASA). Subsequently, and in response to requests from the industry, the FAA extended the comment period closing date and answered clarifying questions to the NPRM in a 1996 notice published in the Federal Register.

Over 2000 comments were received. Although some commenters, including the NTSB, NASA, Air Line Pilots Association, and Allied Pilots Association, said the proposal would enhance safety, the same commenters had specific objections. For example, the pilot unions objected to the proposed increase in allowed flight time. These commenters also said the proposal should have included special duty and flight time limits for disruptions in circadian rhythm and for operations with multiple takeoffs and landings. Many industry associations opposed the NPRM, stating the FAA lacked safety data to justify the rulemaking, and industry compliance would impose significant costs. Since 2001, the agency has undertaken other fatigue mitigation efforts. Among these efforts was the Part 125/135 Aviation Rulemaking Committee (ARC),7 which was convened in February 2003, to do a comprehensive regulatory review of rules on flight, duty, and rest. The ARC submitted its recommendations in September 2005.

Also, in June 2008, FAA held an Aviation Fatigue Management Symposium 8 that provided the industry with the latest information on fatigue science, mitigation, and management. Currently, the agency is developing an Advisory Circular on fatigue that incorporates information from the Symposium. Additionally, in June 2009, the FAA chartered the Flight and Duty Time Limitations and Rest Requirements ARC9 comprised of labor, industry, and FAA representatives to develop recommendations for an FAA rule based on current fatigue science and a thorough review of international approaches to the issue.

Given all that history, the FAA is withdrawing the 1995 Flight Crewmember Duty Period Limitations, Flight Time Limitations and Rest Requirements NPRM because it is outdated and because it raised many significant issues that the agency needed to consider before proceeding with a final rule. Instead of adopting the provisions of the 1995 NPRM, the FAA intends to develop a new NPRM later this year that considers the Flight and Duty Time Limitations and Rest Requirements ARC recommendations, scientific research, NTSB recommendations on fatigue and flight duty time, and the recommendations of the Part 125/135 ARC.

FMI: www.faa.gov