[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Notices]
[Page 74863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de05-109]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Reinstatement of 1980 Public Comment Procedures for
Requests for Interpretation of the Flight Time, Rest and Duty Period
Regulations
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice.
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SUMMARY: The FAA receives several requests for interpretation of the
Flight Time, Rest and Duty Period regulations. The FAA has decided that
it would be beneficial to follow the procedures announced in the May 8,
1980 Federal Register Notice (45 FR 30424) to request public comments
on the requesters' questions, before the FAA issues its responses.
Copies of requests from members of the public will be posted on the DOT
public electronic docket, using a specified FAA docket number.
DATES: Effective date: January 1, 2006.
FOR FURTHER INFORMATION CONTACT: Constance M. Subadan, Regulations
Division, AGC-200, Office of the Chief Counsel, 800 Independence
Avenue, SW., Washington, DC 20591; telephone 202-267-3073.
SUPPLEMENTARY INFORMATION: The FAA has decided to use the public
comment procedures it announced and described in 1980. Recently,
Continental Airlines proposed that the FAA reinstate, for all requests
for interpretation of the flight time, rest and duty period
regulations, the procedures that were first described and announced in
1980. Under those procedures, when the FAA received certain requests
for interpretation of the flight time, rest and duty period
regulations, the FAA was to provide an opportunity to interested
persons outside the FAA to present additional facts and to offer their
expertise on flight time, rest and duty period issues.
The FAA intends to follow the procedures announced in 1980, subject
to the following limitations:
1. Because implementation of the procedures themselves could prove
to be extremely time consuming and labor intensive, the FAA intends to
observe them in case presenting new issues, i.e., not for ``repetitive
type questions.'' See 45 FR at 30425.
2. Even in situations not involving repetitive type questions, the
agency specifically recognized that an interpretation could be issued
immediately, without pre-issuance comments. Id. In such a situation,
post-issuance comments would be solicited.
3. As noted in the 1980 document, the agency reserves the right to
modify or discontinue the use of the procedures at any time at the
election of the Office of the Chief Counsel. Id.
Dated: Issued in Washington, DC on December 12, 2005.
Rebecca B. MacPherson,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 05-24128 Filed 12-15-05; 8:45 am]
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