FAA PROPOSES FLIGHT, DUTY & REST RULES FOR PART 121 – PUTS 135 ON NOTICE
The Federal Aviation Administration (FAA) has proposed new regulations that significantly modify crewmember flight, duty and rest requirements for Part 121 operators. In the proposal, the FAA states that Part 135 carriers should expect rules similar, if not identical, to the ones being proposed for Part 121 because the agency views Part 135 operations to be “substantially similar” to those under Part 121..
The current proposal for Part 121 largely, and logically, deals with the scheduling of flight crews for operations and routes that are known far in advance. The application of a scheduled pilot regime in a substantially ad-hoc system, such as Part 135, is a great concern to the industry.
Furthermore, for Part 135 operators the economic impacts and potential for business closure from cumbersome and costly proposals is far more likely than it is for the Part 121 operators because Part 135 certificate holders are nearly all small businesses,.
The Notice of Proposed Rulemaking (NPRM) creates a new Part 117 that contains all flight, duty and rest regulations. The NPRM includes provisions to limit pilot duty time and increase rest periods. These new limitations would apply to all flights, including positioning/ferry flights, that are operated by the certificate holder even if the flights are conducted under Part 91.
Flight Time Limitations
Fatigue Programs and Training
NATA is very concerned that the FAA, while acknowledging in the NPRM that most Part 135 certificate holders are small businesses and, therefore, more likely to be impacted by the high economic costs of this proposal, seems to have pre-determined that these proposed regulations are appropriate for this industry.
NATA and other industry stakeholders invested considerable effort to provide a comprehensive flight, duty and rest rulemaking proposal during the Part 125/135 Aviation Rulemaking Committee that was convened by the FAA several years ago. The FAA has not provided any feedback on that proposal or indicated in what way those recommendations, if adopted, would be ineffective in combating fatigue.
The association will continue to advocate for the FAA to give proper weight to the ARC proposal if rulemaking is initiated and work to ensure the FAA gives appropriate consideration to the implications of mandates on the continued viability of the industry.
Part 135 operators are strongly encouraged to review the NPRM thoroughly.
Status The Part 121 NPRM appeared in the Federal Register on September 14, 2010. Comments will be accepted by the FAA through November 15, 2010.
Download a copy of the NPRM. Staff Contact: Jacqueline Rosser Director, Regulatory Affairs [email protected]