[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61452-61465]
[FR Doc No: 2022-21963]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. FAA-2019-0770; Amdt. No. 121-386]
RIN 2120-AL41

Flight Attendant Duty Period Limitations and Rest Requirements

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action arises out of a statutory mandate in the FAA
Reauthorization Act of 2018, which requires rulemaking to increase the
minimum rest period for flight attendants in domestic, flag, and
supplemental operations who are scheduled for a duty period of 14 hours
or less. The statute also requires rulemaking to prohibit reduction of
the rest period under any circumstances. Consistent with the statutory
mandate, the FAA is amending its regulations to ensure that flight
attendants scheduled to a duty period of 14 hours or less are given a
scheduled rest period of at least 10 consecutive hours and that the
rest period is not reduced under any circumstances.

DATES:
    Effective date: This rule is effective November 14, 2022.
    Compliance date: Compliance is required on January 10, 2023.

FOR FURTHER INFORMATION CONTACT: Daniel T. Ronneberg, Implementation
and Integration Group, Air Transportation Division, AFS-260, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Authority for This Rulemaking
III. Background
    A. Flight Attendant Requirements
    B. Advance Notice of Proposed Rulemaking (ANPRM)
    C. Notice of Proposed Rulemaking (NPRM)
IV. Discussion of Public Comments and the Final Rule
    A. General Support for the Proposal
    B. General Opposition to the Proposal
    C. Implementation Period for the Final Rule
    D. Duty and Rest Period Requirements
    E. Costs and Benefits
    F. Out of Scope
V. Regulatory Notices and Analyses
    A. Regulatory Impact Analysis
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
VI. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
    C. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory
Cooperation and International Trade Analysis
VII. Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

    This final rule addresses the requirement of section 335(a) of the
FAA Reauthorization Act of 2018 (Pub. L. 115-254, 132 Stat. 3186 (Oct.
5, 2018) (the FAARA 2018), codified at 49 U.S.C. 44701 note. Section
335(a) requires the FAA to conduct rulemaking to increase the minimum
rest period to 10 hours for flight attendants in domestic, flag, and
supplemental operations who are scheduled for a duty period \1\ of 14
hours or less; and to prohibit the reduction of the rest period under
any circumstances. The FAA's existing regulations require only a nine-
hour rest period \2\ for these flight attendants, which can be reduced
to eight hours in certain circumstances. Consistent with the
requirement of section 335(a) of the FAARA 2018, the FAA amends Sec.
121.467(b)(2) and (b)(3) to require 10 hours of consecutive rest,
remove the existing allowance for a reduction in rest time, and
prohibit reduction of the 10 hours of consecutive rest time under any
circumstances.
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    \1\ Duty Period: A period of elapsed time between reporting for
an assignment involving flight time and release from that assignment
by the certificate holder conducting domestic, flag, or supplemental
operations. The time is calculated using either Coordinated
Universal Time or local time to reflect the total elapsed time. See
14 CFR 121.467(a).
    \2\ Rest Period: A period free of all restraint or duty for a
certificate holder conducting domestic, flag, or supplemental
operations and free of all responsibility for work or duty should
the occasion arise. See 14 CFR 121.467(a).
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II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (U.S.C.). Subtitle I, Section 106
describes the authority of the FAA Administrator. Section 106(f) vests
final authority in the Administrator for carrying out all functions,
powers, and duties of the

administration relating to the promulgation of regulations and rules.
    Subtitle VII, Aviation Programs, describes in more detail the scope
of the agency's authority. Section 44701(a)(4) requires the
Administrator to promulgate regulations in the interest of safety for
the ``maximum hours or periods of service of airmen and other employees
of air carriers.'' Section 44701(a)(5) requires the Administrator to
promulgate ``regulations and minimum standards for other practices,
methods, and procedure that the Administrator finds necessary for
safety in air commerce and national security.'' In addition, 49 U.S.C.
44701(d)(1)(A) specifically states that the Administrator, when
prescribing safety regulations, must consider the duty of an air
carrier to provide service with the highest possible degree of safety
in the public interest. Such authority applies to the oversight the FAA
exercises to ensure safety of air carrier operations, including
crewmember flight, duty, and rest requirements.
    Section 335(a) of the FAARA 2018 requires the FAA to amend the
flight attendant duty period limitations and rest regulation to
increase to 10 hours the minimum rest period for flight attendants in
domestic, flag, and supplemental operations who are scheduled for a
duty period of 14 hours or less. Section 335(a) also prohibits
reduction of the rest period for those flight attendants under any
circumstances.

III. Background

    Currently, certificate holders conducting domestic, flag, and
supplemental operations are required to give flight attendants
scheduled to a duty period of 14 hours or less a scheduled rest period
of at least nine consecutive hours.\3\ This rest period is required to
occur between the completion of the scheduled duty period and the
commencement of the subsequent duty period.\4\ Under these regulations,
the certificate holder is able to schedule or reduce the rest period to
eight consecutive hours if the certificate holder provides a subsequent
rest period of at least 10 consecutive hours that is scheduled to begin
no later than 24 hours after the beginning of the reduced rest
period.\5\
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    \3\ Prior to adoption of this final rule, 14 CFR 121.467(b)(2)
read ``Except as provided in paragraph (b)(3) of this section, a
flight attendant scheduled to a duty period of 14 hours or less as
provided under paragraph (b)(1) of this section must be given a
scheduled rest period of at least 9 consecutive hours. This rest
period must occur between the completion of the scheduled duty
period and the commencement of the subsequent duty period.'' See 59
FR at 42992.
    \4\ 14 CFR 121.467(b)(2). See 59 FR at 42992.
    \5\ 14 CFR 121.467(b)(3). See 59 FR at 42992.
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    Section 335(a) of the FAARA 2018 requires ``[modification of] the
final rule'' relating to flight attendant duty period limitations and
rest requirements to ``ensure that--(A) a flight attendant scheduled to
a duty period of 14 hours or less is given a scheduled rest period of
at least 10 consecutive hours; and (B) the rest period is not reduced
under any circumstances.'' Consistent with the requirement of section
335(a) of the FAARA 2018, the FAA is amending Sec.  121.467(b)(2) and
(b)(3) to require certificate holders operating under part 121 to
provide at least 10 hours of consecutive rest for flight attendants
scheduled to a duty period of 14 hours or less, remove the allowance
for a reduction in rest, and explicitly prohibit a reduction in the 10
hours of rest. For the reasons described in the FAA's response to NPRM
comments on implementation, the final rule is effective November 14,
2022 and certificate holders are required to comply with the final rule
on January 10, 2023.

A. Flight Attendant Requirements

    Section 121.467(a) of 14 CFR defines a flight attendant serving in
part 121 operations as an individual, other than a flightcrew
member,\6\ who is assigned by a certificate holder to duty in an
aircraft during flight time and whose duties include activities related
to ensuring cabin safety.\7\ Section 121.391 specifies the minimum
number of flight attendants required on board a flight, based on
maximum payload capacity and seating capacity, for certificate holders
conducting passenger-carrying operations under part 121.\8\
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    \6\ A ``flightcrew member'' is a pilot, flight engineer, or
flight navigator assigned to duty in an aircraft during flight time.
14 CFR 1.1.
    \7\ 14 CFR 121.467(a).
    \8\ 14 CFR 121.391 provides that a certificate holder may,
however, use more than the required number of flight attendants.
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    Any person serving as a flight attendant in part 121 operations
must complete the training and qualification requirements of part 121
subparts N and O.\9\ The training and qualification requirements for
flight attendants include specific programmed hours,\10\ as well as
airplane type specific knowledge and skill requirements.
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    \9\ 14 CFR 121.392.
    \10\ Under 14 CFR 121.421, ``programmed hours'' refers to hours
of training or instruction in specific subjects, in a flight
attendant training program.
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    Flight attendants are responsible for taking action during
emergencies, including administering first aid, conducting aircraft
evacuations, responding to inflight fires, managing medical
emergencies, and handling passengers who threaten the safety of other
passengers or might be unruly or disruptive. They must also be prepared
to respond to situations that could threaten the safety of the
passengers and the flight, including turbulent air, airplane
decompression, and hijackings. Flight attendants must know the location
of emergency exits, fire extinguishers, first aid kits, flotation
devices, oxygen masks, and emergency slides, and check emergency
equipment before flight. Additionally, they must assess and verify the
suitability of passengers that occupy exit seating, brief passengers on
safety equipment and evacuation and emergency landing procedures, and
ensure compliance with applicable safety and security regulations.\11\
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    \11\ For more information on flight attendant duties and
training, see FAA Order 8900.1, Vol. 3, Ch. 23, secs. 1-4.
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B. Advance Notice of Proposed Rulemaking (ANPRM)

    On September 25, 2019, the FAA published an advance notice of
proposed rulemaking (ANPRM), Flight Attendant Duty Period Limitations
and Rest Requirements.\12\ The FAA determined that soliciting public
input on the regulatory impact of the changes to flight attendant duty
and rest requirements codified in section 335(a) of the FAARA 2018 was
appropriate. The FAA also intended for the ANPRM to provide additional
avenues for public participation and to inform the FAA's analysis and
future development of the rule.
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    \12\ 84 FR 50349.
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    The FAA received 216 comments on the ANPRM. Commenters included
various trade groups, labor unions, and airlines, as well as numerous
individuals. The commenters raised three principal issues: increased
rest period, costs, and implementation. Two commenters provided
information indicating the increased rest period would increase costs
to certificate holders. Several trade groups, labor unions, and many
individuals supported the increased rest period, emphasizing the roles
and responsibilities of flight attendants with regard to aviation
safety and commenting that flight attendants' duties are fatigue-
inducing and that flight attendants would benefit from increased rest.
These commenters also stated that the increased rest would not always
result in increased costs.

C. Notice of Proposed Rulemaking (NPRM)

    On November 2, 2021, the FAA published a notice of proposed
rulemaking (NPRM), Flight Attendant Duty Period Limitations and Rest
Requirements.\13\ The FAA utilized public comments on the ANPRM to
inform the FAA's analysis for the NPRM. The FAA solicited public
comments on the NPRM for a period of 60 days.
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    \13\ 86 FR 60424.
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    The FAA received 812 comments to the proposed rule; of those 812
comments, 291 were submitted as part of a Transport Workers Union of
America (TWU) form letter campaign. Two comments were received and
accepted after the comment period closed.
    Commenters included Airlines for America (A4A), Association of
Flight Attendants-CWA (AFA-CWA), Association of Professional Flight
Attendants (APFA), International Association of Machinists and
Aerospace Workers (IAM), International Brotherhood of Teamsters (IBT),
American Federation of Labor & Congress of Industrial Organizations
(AFL-CIO), American Academy of Sleep Medicine (AASM), Regional Airline
Association (RAA), and United Airlines, as well as numerous
individuals. The commenters raised three overarching issues:
implementation, rest period requirements, and certificate holder
impact.

IV. Discussion of Public Comments and the Final Rule

A. General Support for the Proposal

    The FAA received 631 comments expressing support for the rule as
proposed. These commenters made no requests for changes or additional
provisions. These commenters included United Airlines and AASM, as well
as individuals including airline pilots, flight attendants, and TWU
members, among others.
    United Airlines commented that it supports the proposed rule to
comply with the statutory requirement of 10 hours of rest in section
335 of the FAARA 2018, noting that safety is United's top priority.
United also stated that it voluntarily adopted a 10-hour rest
requirement for its flight attendants in 2016, though United allows its
flight attendants to voluntarily accept trips with a shorter rest
period during irregular operations. United noted that assuming that the
final rule does not allow for reduction in rest, as the FAA proposed in
the NPRM, then United will advise its crewmembers that these voluntary
extensions are no longer permissible.
    AASM also expressed its support for the proposed rule. In
particular, AASM voiced support for the proposed prohibition on any
reduction in the minimum 10 hours of rest. AASM stated that reducing
the rest period can prevent individuals from reaping the restorative
benefits of sleep, leading to both immediate and long-term health
impacts. To reinforce their support for the rule, AASM cited a study of
flightcrew members that showed early and longer duty times were
associated with increased fatigue.\14\ AASM reiterated its position
that sleep is essential to health and to safety and therefore they
support an irreducible 10-hour rest period for flight attendants.
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    \14\ Fatigue: A physiological state of reduced mental or
physical performance capability resulting from sleep loss or
extended wakefulness, circadian phase, or workload (mental and/or
physical activity) that can impair a person's alertness and ability
to perform safety related operational duties. See ICAO Manual of
Civil Aviation Medicine, 3rd Ed., Chap. 1, Sec.  1.4.
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    The FAA received 291 comments from TWU members as part of a form
letter campaign. The members commented that, as frontline aviation
workers, they know firsthand how important adequate rest is to be
effective on the job. The members stated that a 10-hour rest period
will enable flight attendants to remain focused and responsive to any
event that may arise inflight. The members concluded that this is a
matter of safety, as flight attendants need adequate rest in order to
perform their duties.
    Many individuals, including those identifying as pilots and flight
attendants, commented in support of the rule. These commenters provided
myriad reasons for supporting the proposed rule, including having a
healthier workforce; ensuring flight attendants have sufficient rest to
perform their duties; improving overall safety; providing flight
attendants with acceptable working conditions; and improving reaction
times, cognitive abilities, and the ability to fight illness.
Commenters also pointed out that flight attendants in today's climate
are now facing ``COVID exposure'' and unruly passengers. Several flight
attendants commented that, under the current rest period rules, their
employers treat them as ``robots'' or ``machines.'' Additionally,
commenters noted that it is in the public's best interest that flight
attendants are well-rested and alert, as flight attendants are first
responders and need sufficient rest to be focused and remain alert for
medical emergencies and possible evacuations. Commenters emphasized
that the safety of crewmembers and the flying public is important and
that the 10-hour minimum rest period is critical for flight attendant
health. These individuals commented with overwhelming support for the
rule as proposed.
    Several commenters noted that they had either experienced or
observed flight attendant fatigue. Multiple commenters shared their
concerns about mistakes being made by flight attendants, including
mistakes on duty, such as accidentally deploying slides, and after
finishing work, such as driving drowsy and causing traffic accidents.
Two commenters stated that the public would be uncomfortable flying if
they knew how fatigued flight attendants are. One commenter noted that,
because flight crews are often on the same schedules, all of the flight
attendants on a flight could be fatigued. Another commenter argued that
working while fatigued is comparable to working while under the
influence of alcohol or drugs. Commenters specifically pointed to the
length of rest periods as the reason for flight attendant fatigue.
    The FAA has constructed the final rule with very few departures
from the NPRM. A discussion of comments requesting specific provisions
or changes to the NPRM and the FAA's responses to these requests
follows.

B. General Opposition to the Proposal

    Five individuals opposed the proposal. One commenter, who
identified as an airplane pilot, believed the 10-hour minimum rest
requirement would make schedules less efficient for certificate holders
and flight attendants, especially with the inability to reduce the 10-
hour rest period under any circumstances. This commenter explained that
aircraft often only have a nine- or ten-hour turnover at smaller
airports, and not having the flexibility to use the same crewmembers
will result in more delays and cancellations. One commenter stated that
the rule would not improve safety.
    Two individuals, both of whom identified as flight attendants,
opposed the proposal because it would result in flight attendants
working more days out of the month. One individual explained that this
would occur due to certificate holders building less productive trips
under the new rule. The other individual explained that working more
days out of the month would cause flight attendants to lose focus and
responsiveness during events that may arise in flight.
    One commenter disagreed with increasing rest requirements for
flight

attendants because, while there were benefits to changing the rest
requirements for pilots in part 117, those rule changes were cumbersome
to operations and unnecessary. This individual stated that flight
attendants have plenty of opportunities to rest.
    One commenter recommended the FAA not amend the rest requirements
for persons who serve as flight attendants on one-day trips because
these persons want productivity and increasing the rest period
requirement will take that away. This individual asserted that FAA
should increase the rest period only for flight attendants who do
layovers and experience longer commutes to the hotel.
    One commenter was indifferent to the proposed rule change. This
individual stated that the current minimum rest requirements were
sufficient because the individual's contract (i.e., collective
bargaining agreement) covers the individual's minimum rest. Lastly, one
individual expressed concern that the increased rest period will affect
flight attendants' pay.
    The FAA promulgates this final rule in response to a specific
statutory mandate, which means that the existing rest requirements in
Sec.  121.467(b)(2) and (b)(3) cannot be retained and that flight
attendants affected by this rule cannot receive less than 10 hours of
required rest. With regard to the comment asking FAA not to amend the
rest requirements for flight attendants on day trips, the FAA lacks any
evidence that a series of day trips is any more or less fatiguing than
a series of layovers. The FAA also recognizes that there are flight
attendants who have long distance commutes. This subset of flight
attendants may find their day trip commutes to be just as, or more,
fatiguing as layovers. Finally, section 335(a) of the FAARA 2018 does
not make an exception for this category of flight attendants, and
therefore, neither can this rulemaking.

C. Implementation Period for the Final Rule

    In the NPRM, the FAA proposed a 30-day effective date, which means
the final rule would have been effective 30 days after publication in
the Federal Register. The FAA explained that certificate holders would
have been required to comply with the new rule upon the effective date.
The FAA received numerous comments concerning the implementation period
for the final rule. These commenters fell into two categories: (1)
those that wanted the FAA to implement the final rule immediately, and
(2) those that wanted the FAA to delay implementation of the final
rule.
1. Implement the Final Rule Immediately
    Over fifty commenters, including flight attendants and labor
groups, encouraged the FAA to implement the final rule immediately.
Flight attendants cited safety, personal experiences with fatigue, and
serving as first responders in their comments requesting that the final
rule be implemented either ``immediately'' or ``as soon as possible.''
In a joint comment submitted by several labor unions (AFA-CWA, APFA,
IAM, IBT, TWU, and the AFL-CIO), the unions requested that the FAA
``act urgently to issue the final rule.'' \15\ Additionally, several
commenters noted that the statutory language directed the FAA to
implement the regulatory changes within 30 days of enactment.
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    \15\ Comment from Aviation Unions' Joint Comment. FAA-2019-0770-
1024.
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    One commenter specifically asked why the FAA had not yet
implemented this final rule when the statute, which required the FAA to
amend the rules within 30 days of enactment, was passed in 2018. This
commenter also questioned the FAA's actions to gather additional
information on costs and benefits because the statute did not require
these actions.
    The APA requires the FAA to publish a final rule not less than 30
days before the rule's effective date unless the agency finds good
cause.\16\ In this instance, the FAA has not found good cause to waive
the 30-day effective date. Rather, for the reasons discussed below in
response to requests for longer implementation, the FAA has determined
that a 30-day effective date is appropriate and is adding a 90-day
compliance date. The extended compliance date is to ensure that
certificate holders have at least two full calendar months to implement
schedule changes and they can initiate those changes on the date that
is most efficient for their operation.
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    \16\ 5 U.S.C. 553(d).
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    The commenter was correct that section 335 of the FAARA 2018 did
not expressly require the FAA to gather information concerning the
costs and benefits of the changes to Sec.  121.467(b). However, changes
to Federal regulations must undergo economic analyses. The FAA
completes such analyses in accordance with Executive Order 12866,\17\
Office of Management and Budget (OMB) Circular A-4,\18\ and the
Regulatory Flexibility Act of 1980.\19\
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    \17\ 58 FR 51735.
    \18\ https://obamawhitehouse.archives.gov/omb/circulars_a004_a-4/.
    \19\ 5 U.S.C. 601, et seq.
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2. Delay Implementation
    The FAA received comments from RAA and A4A seeking to extend the
implementation period for the final rule beyond 30 days. RAA requested
an implementation period of 60 days because of the varying scheduling
procedures at individual airlines. A4A requested a six-month
implementation period because of the substantial amount of work
required by air carriers to facilitate a smooth, efficient and
equitable implementation. A4A noted that the FAA's 1994 final rule
relating to flight attendant duty period limitations and rest
requirements allowed over five months for operators to come into
compliance.\20\
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    \20\ 50 FR 42074, 42984.
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    A4A explained that 30 days is an insufficient amount of time for
carriers to implement changes to cabin crew scheduling software, hire
and onboard additional flight attendants, and train persons that use
crew-scheduling software on the rest rule changes and on changes to
day-of-operations flexibility that most carriers permit today. With
respect to training, A4A stated that the FAA Certificate Management
Offices may require carriers to provide new or reworked training
materials as part of ensuring compliance with the final rule, which
will take time. A4A also asserted that the flight attendant schedule
planning and bidding process supports a six-month implementation period
to protect the schedule process and avoid potential errors that will
negatively affect flight attendant scheduling. A4A noted that a
particular area of focus for carriers and schedulers will be flight
attendant assignments or pairings that begin under existing flight
attendant rest rules and end under the new flight attendant rest rules.
Additionally, if the final rule takes effect during the middle of a
carrier schedule, A4A stated that the carrier must build two separate
schedules for that bidding period--one schedule under existing flight
attendant rest rules and another schedule under the new rules.
    Upon consideration of the implementation periods recommended by RAA
and A4A, the FAA agrees that certificate holders need more than 30 days
to achieve compliance with the final rule. However, a six-month
implementation period is unreasonable. Section 335(a) required the FAA,
in a narrow timeframe, to modify the

regulations in accordance with the statute. As such, industry
stakeholders have been on notice of the statutory mandate since
Congress enacted it in 2018. Many certificate holders have already
voluntarily implemented the longer rest period, either unilaterally or
through contract negotiations with their flight attendants or flight
attendant unions. Furthermore, the 1994 final rule cited by A4A, which
adopted a delayed compliance date greater than five months, does not
support a delayed implementation period for this final rule. Unlike the
1994 final rule, which adopted flight attendant duty period limitations
and rest requirements across multiple CFR parts, this final rule
contains only two discrete amendments to Sec.  121.467(b)(2) and
(b)(3).
    The FAA recognizes that certificate holders will need to implement
changes to crew-scheduling software upon publication of this final
rule. Additionally, certificate holders will need to either generate
schedules to be bid upon or modify pairing rules with preferential
bidding software. The FAA has determined that 30 days is an
insufficient amount of time to conduct these implementation activities.
Therefore, consistent with RAA's recommendation, the FAA is adopting an
effective date of 30 days with a compliance date of 90 days. This
ensures certificate holders have at least two full calendar months to
implement schedule changes and they can initiate those changes on the
date that is most efficient for their operation. This marks a change
from the NPRM, which proposed only a 30-day effective date.

D. Duty and Rest Period Requirements

1. Adopt a Minimum Rest Period Longer Than 10 Hours
    Many commenters supported the rule, but requested that the FAA
require a minimum rest period longer than 10 hours for flight
attendants. One commenter who identified as a flight attendant stated
that flight attendants are sometimes so fatigued that they struggle to
perform their duties as required and that a 10-hour rest period is not
enough. Several flight attendants commented that after accounting for
activities such as traveling to the hotel, checking in, showering,
eating, winding down, getting ready for the next duty period, traveling
back to the airport, and getting through security, 10 hours is not
enough. Several commenters noted that the amount of rest is reduced
significantly after accounting for deplaning and transportation to a
place of rest. Many flight attendants shared anecdotes of rest periods
where, because of factors beyond their control, they ended up only
getting four or five hours of sleep. One flight attendant noted that
flight attendants have irregular sleep schedules, which can make it
difficult to fall asleep immediately upon reaching the hotel room.
Another commenter noted that rest periods can begin at unusual times,
which makes falling asleep difficult. Several commenters pointed out
that eight hours of sleep is generally considered by the public to be a
necessary amount of rest.
    One flight attendant stated that a 10-hour rest period is not
enough to allow flight attendants to be fully cognizant for their
duties. Twenty-three commenters requested a 12-hour rest period. Three
commenters requested a 14-hour rest period. Two commenters suggested
that the rest period be the same length of time as the preceding duty
period. One commenter requested a 19-hour rest period. Another
commenter suggested that the rest period be a minimum of 12 hours at
base and 10 hours for layovers. One commenter requested a 12-hour
minimum rest period that could be reduced to 10 hours if there were
unforeseen circumstances. One commenter noted that their employer
already has 10 hours as the standard rest period and the flight
attendants find it insufficient. One commenter suggested that the FAA
follow what other countries do for minimum rest period durations.
    Section 335(a) of the FAARA 2018 required the FAA to amend the
regulation to ensure that a flight attendant scheduled to a duty period
of 14 hours or less is given a scheduled rest period of at least 10
consecutive hours; and the rest period is not reduced under any
circumstances. The FAA initiated this rulemaking in response to the
statutory mandate, which the FAA interprets as direction to amend Sec.
121.467 by changing the minimum rest requirement described in paragraph
(b)(2) of that section from 9 hours to 10 hours; and by eliminating the
reduced rest provision described in paragraph (b)(3) of that section.
    The FAA currently lacks data and supporting research or studies on
flight attendant fatigue that would support an increased rest period
beyond 10 hours. The 10-consecutive-hour rest requirement provided in
this rulemaking is a minimum rest requirement. Nothing in this final
rule would preclude a certificate holder from increasing the rest
period. Accordingly, in promulgating this final rule, the FAA is
amending Sec.  121.467(b)(2) and (b)(3), as proposed.
2. Require 10 Consecutive Hours of Rest at the Hotel
    In addition, many commenters recommended that the rest period
should begin at hotel check-in in order to maximize rest. Myriad
commenters noted that their rest periods currently start when the
aircraft reaches the gate and end when the flight attendant checks in
for their next duty period. Many commenters stated that the rest period
should be 10 hours behind the hotel door at a minimum, after taking
into account transportation to and from lodging, time spent checking
in, and getting food. Other commenters noted that the rest period
should start at the hotel because the deplaning process and
transportation to the hotel are not rest. One commenter suggested that
rest start behind the door (at the place of lodging) or otherwise allow
45 minutes for transportation before the rest period commences. Another
commenter suggested that the rest period should begin after the flight
attendants leave the airport. Several commenters requested equal rest
to that of flightcrew members, stating that there are differences
between when the flight attendant rest period starts and the
requirements for pilots. One commenter shared that, following a recent
canceled flight, the flightcrew members were given hotel rooms, but the
flight attendants had to sleep on the aircraft. Another commenter
suggested that the rest period include a requirement for eight hours of
prone rest, while some suggested either 8 or 12 hours behind the door.
Other commenters noted that it often takes a long time to get from the
airport to the hotel and vice versa, which cuts into the flight
attendants' rest period. Several commenters stated that the hotels they
stay in are located far from the airports, requiring long transport
times. One commenter also noted that hotel shuttles are ``notoriously
late,'' while another noted that hotel shuttles are often infrequent
and require long waits. Another commenter shared that delays can result
in hotels giving away their rooms, leading flight attendants to sleep
in hotel lobbies or on airport floors. One commenter suggested that the
rest period should not be reduced because of transport delays to the
hotel or check-in delays at the hotel itself, a suggestion which was
echoed by another flight attendant who commented that airlines do not
provide additional rest time if there are delays in hotel
transportation. Another commenter shared an example of a time when
there were no hotels provided for flight attendants, so they

ended up spending their rest periods on the floors of the airport.
    In 14 CFR 121.467(a), the FAA defines ``rest period'' as a time
when a flight attendant is free of all restraint, duty, or
responsibility upon release from an assignment. The FAA understands
that the time available for sleep during a rest period may vary
depending on the amount of time a flight attendant spends on other
activities during the rest period, such as transportation to the hotel.
However, at this time, FAA lacks data and supporting research or
studies on flight attendant fatigue that would support changing the
nature of the minimum required flight attendant rest period. The FAA
also notes that section 335(a) of the FAARA 2018 does not require it to
change the nature of the flight attendant rest period, but merely to
increase it to 10 hours. Therefore, the FAA is amending Sec.
121.467(b)(2) and (b)(3) as proposed.
3. Prohibiting the Reduction of Rest
    In the NPRM, the FAA proposed to amend Sec.  121.467(b)(3) by
expressly prohibiting certificate holders from reducing the rest period
to less than 10 consecutive hours.
    One individual generally supported the proposal to increase the
minimum rest period to 10 consecutive hours but asserted that the FAA
should permit a flight attendant to waive the 10-hour rest period when
doing so would be beneficial for the flight attendant. Another
commenter suggested that flight attendants should have the ability to
opt out of the new requirement if they have had nine hours of rest.
Several commenters disagreed and stated that the rest period for flight
attendants should never be less than 10 hours. Two commenters stated
that the rest period should not be reduced in the case of irregular
operations. Two commenters noted that, under the current rules,
airlines frequently reduce rest to accommodate schedules. Another
commenter suggested that airlines use flight attendant rest as a
bargaining chip.
    In accordance with the statutory requirement in section
335(a)(2)(B), the final rule must ensure that the rest period, which
must be at least 10 consecutive hours, is not reduced under any
circumstances and there are no exceptions given permitting flight
attendants to waive the minimum rest period requirement and accept a
reduced rest period that is less than 10 consecutive hours.
Accordingly, section 121.467(b)(3) remains unchanged from the proposal.
4. Miscellaneous Comments on the Rest Period Requirements
    In this section, the FAA responds to various miscellaneous comments
concerning the FAA's proposed amendments to the rest period
requirements.
    One commenter noted that the FAA included a table in the
``original'' rulemaking for Sec.  121.467 that summarized the flight
attendant rest periods.\21\ This commenter recommended the FAA include
a similar table in this final rule to facilitate understanding of the
regulations.
---------------------------------------------------------------------------

    \21\ The commenter referenced a table in ``the original NPRM
document for Sec.  121.467 (1996).'' The FAA did not propose to
adopt Sec.  121.467 in 1996. Rather, the FAA published the NPRM that
proposed flight attendant duty period limitations and rest
requirements on March 31, 1993, and issued the final rule that
adopted Sec.  121.467 on August 19, 1994. 58 FR 17024; 59 FR 42974.
The 1993 NPRM does not contain a table that summarizes the flight
attendant rest requirements. However, the commenter may be referring
to a chart in the preamble to the 1994 final rule, which depicted
the scheduled duty period, rest period, and augmented flight
attendant crew requirements that were adopted in that final rule. 59
FR at 42986.
---------------------------------------------------------------------------

    When the FAA adopted Sec.  121.467 in 1994, the FAA included a
chart in the preamble to the final rule that depicted the new scheduled
duty period, rest period, and augmented flight attendant crew
requirements. The FAA finds it unnecessary to include a similar table
in this final rule because the amendments to Sec.  121.467(b)(2) and
(b)(3) are minimal, uncomplicated, and easy to understand.
    One commenter stated that the flight attendant rest requirements
should be the same as the rest requirements in 14 CFR 91.1059. This
individual recommended the FAA withdraw the proposed rule and simply
add flight attendants to Sec.  91.1059.
    The commenter's recommendation would not work under the structure
of the Federal regulations. Section 91.1059 applies only to part 91,
subpart K operators. Therefore, expanding the scope of Sec.  91.1059 to
include flight attendants would not result in an increased rest period
for flight attendants operating under Part 121 regulations. The FAA is
amending Sec.  121.467(b) as proposed.
    One individual asked why the FAA was seeking input from the general
public on the proposed rule rather than solely the airline employees.
Another commenter stated that getting feedback from airline employees
was important. Two commenters suggested that the people drafting the
final rule should spend time working as a flight attendant in order to
fully understand flight attendant fatigue.
    The Administrative Procedure Act, which contains the procedural
requirements for notice-and-comment rulemaking, requires an agency to
issue a general notice of proposed rulemaking in the Federal
Register.\22\ The APA also requires an agency to give interested
persons an opportunity to participate in the rulemaking through the
submission of written data, views, or arguments. Therefore, pursuant to
the statutory requirements set forth in the APA, the FAA published the
proposed rule in the Federal Register and gave interested members of
the public, including flight attendants, an opportunity to submit
comments.
---------------------------------------------------------------------------

    \22\ 5 U.S.C. 553(b).
---------------------------------------------------------------------------

    Several commenters also suggested that time zones should be taken
into account when determining how long a rest period is. The commenters
noted that switching time zones has an impact on flight attendant
fatigue. One commenter noted that it is especially important that the
rule be mandatory for flight attendants on international flights.
Another commenter requested that there be different standards for
domestic and international travel.
    The FAA is not addressing the effect of time zones on flight
attendant fatigue at this time because it lacks the data on flight
attendant fatigue that would be necessary for this type of a regulatory
change. The FAA is retaining this regulatory regime and amending the
rules consistent with the statutory mandate in section 335(a)(2). The
final rule will apply to all certificate holders conducting domestic,
flag, or supplemental operations.
    Two comments discussed deadhead transportation. One commenter
described carrier scheduling practices such as deadhead transportation
as being used to circumvent rest requirements and contributing to
fatigue. In the Flight Attendant Duty Period Limitations and Rest
Requirements final rule, published in 1994, the FAA defined deadhead
transportation as ``time spent in transportation, not local in
character, that a certificate holder requires of a flight attendant and
provides to transport the flight attendant to an airport at which that
flight attendant is to serve on a flight as a crewmember, or from an
airport at which the flight attendant was relieved from duty to return
to the flight attendants home base.'' \23\ As the FAA stated previously
in the preamble to the final rule found at 59 FR 42974, for the purpose
of determining duty period limitations and rest requirements, deadhead

transportation is not considered an assignment involving flight time
and is not part of a duty period, and is not considered rest.\24\ The
use of deadhead transportation in relation to flight attendant duty
period limitations and rest requirements is consistent with the
application of flightcrew member flight time limitations and rest
requirements. In addition, a flight attendant scheduled for deadhead
transportation is not assigned duty in an aircraft and is not
considered a working flightcrew member. This final rule does not alter
the definition of deadhead transportation, nor does it change how Sec.
121.467(b)(2) is applied with regard to deadhead transportation.
---------------------------------------------------------------------------

    \23\ 59 FR 42974, 42983.
    \24\ See 59 FR 42983.
---------------------------------------------------------------------------

    Several individual commenters expressed concern that airlines have,
and will continue to look for, ways to circumvent the minimum rest
period requirement. One commenter noted that flight attendants have
been told to report for duty at a certain time, but to not step on the
aircraft until the minimum rest period time was met. Another commenter
echoed this experience, sharing an experience where the airline had
flight attendants wait to close the aircraft door in order to have the
rest period duration meet the requirement. One flight attendant shared
a story of a colleague who was asked to stay on duty because there were
no hotels available, recounting that the colleague did not want to
inform the airline of their fatigue because they were afraid of
punitive action. One flight attendant stated that their job has become
more difficult because the airline they work for will often try to
avoid scheduling rest periods. Several commenters noted that crew
scheduling and coordination can result in shortened rest periods. A
flight attendant noted in their comment that airlines will contact
flight attendants during their rest periods and inform them that, due
to rerouting, the flight attendant has a shorter rest period than
anticipated. One commenter suggested that the rest period should be
undisturbed and that flight attendants should not be required to answer
company communications during the rest period. Another commenter noted
that flight attendants are considered to be on call 24 hours a day.
    Under this final rule, all certificate holders conducting domestic,
flag, or supplemental operations will be required to give scheduled
rest periods of at least 10 consecutive hours to flight attendants
scheduled to a duty period of 14 hours or less. The FAA is not
addressing company communications during rest periods or changes to the
duration of rest periods, so long as the rest period is at least 10
consecutive hours.

E. Costs and Benefits

1. Benefits
    Several commenters noted the benefits of increased rest, including
preventing fatigue, performing safety related tasks without error,
offsetting stress and burnout, improving reaction times and cognitive
abilities, decreasing illnesses, improving alertness and focus, and
being better prepared for medical emergencies and flight evacuations.
    The FAA agrees that increasing the minimum flight attendant rest
period may improve health and lead to a reduction in performance
errors; however, the FAA did not receive new information or data to
provide a quantitative analysis. Therefore, the FAA continues to
analyze benefits qualitatively.
2. Costs
    AFA-CWA, APFA, IAM, IBT, TWU, and AFL-CIO commented in a joint
comment that the concerns raised during the ANPRM comment period over
the cost of implementation are grossly exaggerated. The comment
provided information on airlines that have already implemented a 10-
hour rest policy and stated that there is no evidence of significant
costs. However, they asserted that there is extensive evidence of the
problems associated with flight attendant fatigue and that these issues
are heightened in the wake of scheduling during the coronavirus public
health emergency, along with the stresses on the job including unruly,
disruptive, and violent passenger events.
    Conversely, A4A commented that the FAA has understated the costs to
major carriers because the FAA's information indicates that only one
major carrier has implemented a 10-hour flight attendant rest period
without an opportunity for reduced rest. A4A stated that the FAA should
therefore increase the ``existing practices'' baseline to state that
three major carriers will be impacted by the final rule and increase
the number of flight attendants impacted accordingly. They also
requested that the FAA amend the Regulatory Impact Analysis to include
a 10-year analysis because the requirement to provide flight attendants
10 hours of rest will not sunset in 5 years and the impacts of the
final rule will continue to 10 years and beyond.
    With respect to the comment submitted by A4A, the FAA disagrees and
determined that the information provided would not impact the analysis
of costs. The FAA determined that it has categorized the major carriers
appropriately in the analysis, as those that have implemented the 10-
hour rest period already need to have sufficient staffing and
resources. The FAA also found that the 5-year timeframe for the
analysis is reasonable, given that there is a high rate of change in
the industry. The estimated annualized costs are the same for a 5-year
or a 10-year period, however, uncertainty over the future baseline
increases beyond the 5-year period.
    Several individual commenters noted that any costs to airlines that
result from the 10-hour minimum rest period would be outweighed by the
benefits for flight attendants. One commenter stated that increased
productivity should not come at the expense of safety. Another
commenter argued that a decrease in profits would be worth the
improvement in quality of life for flight attendants. A commenter also
pointed out that, in the long term, airlines could see improvements to
productivity and profitability because employees are more productive
when they have a better work environment. Additionally, one commenter
noted that airlines could minimize any disruption because they have
scheduling flexibility, while another commenter argued that airlines
can use crew pairing to minimize effects. One commenter stated that
airlines have had ``plenty of time'' to implement necessary changes.
Another commenter also pointed out that flight attendants who are
concerned about a decrease in pay could choose to work longer duty
periods or more frequently in order to make up for the longer rest
periods.
    The FAA agrees that increasing the minimum flight attendant rest
period may have benefits for flight attendants. However, the FAA does
not currently have the information or data to conduct a quantitative
analysis of the benefits. While it is possible that there could be
benefits for airlines as a result of a more productive workforce, the
FAA does not have sufficient data to reach a conclusion on that point.
The FAA notes that airlines can create schedules that both comply with
this final rule and minimize disruption. As the FAA Reauthorization Act
was signed into law in 2018, the FAA agrees that this final rule should
not surprise any airlines.

F. Out of Scope

    The FAA received several comments to the NPRM that were outside the
scope of this rulemaking. One commenter stated that to be consistent

with international standards and other FAA regulations, the FAA should
add two new provisions to Sec.  121.467. One provision would prescribe
requirements for a fatigue risk management system (FRMS), including a
requirement for the FRMS to include an education and awareness training
program. The second provision would prescribe specific requirements for
the fatigue education and training program.
    Some commenters stated that the rule needs strong language that
will preclude a certificate holder from interpreting the rule to mean
the certificate holder may reduce rest.
    One commenter suggested the FAA adopt a mandatory retirement age
for flight attendants. Another individual recommended the FAA require
flight attendants to undergo annual medical examinations. One commenter
suggested that the FAA research the effects of turbulence on flight
attendants. One commenter noted that flight attendants need healthy
meals, while another raised the issue of regular breaks for food.
Another commenter expressed concern over how airlines pay for duty
periods that cover two calendar days.
    One commenter noted that fatigue reports are long and monotonous,
which discourages fatigued flight attendants from filling out the
report and asked the FAA to limits barriers when filling out such
reports. One commenter suggested that the FAA take action if an airline
receives a high number of fatigue reports. Also, several commenters
suggested that duty periods should be limited, with two suggesting a
16-hour limit and four suggesting a 12-hour limit. One commenter stated
that 14 hour duty periods are too long. Two commenters suggested that
the FAA adopt a duty period limit similar to the hours of service rules
for the rail and trucking industries. Several commenters noted that
airlines will schedule flight attendants to the longest duty periods
possible, something that has become more prevalent during the
coronavirus public health emergency and subsequent staffing issues.
Several commenters noted that flight attendants feel discouraged from
using sick leave or paid time off and fear punitive measures if they
report being fatigued, with one noting that their employer categorizes
fatigue as a ``negative attendance occurrence'' and another explaining
that they felt ``bullied'' by their employer into not reporting
fatigue. One commenter shared that, in order to take sick leave, the
airline they work for requires flight attendants to have their requests
verified by a company doctor.
    The NPRM also received comments relating to the Federal face mask
mandate and no-fly lists for unruly passengers. One commenter suggested
that low-cost flights are the reason for increased violence on
aircraft. Another commenter suggested that commercial airlines not be
allowed to sell alcoholic beverages and that passengers and employees
should not be allowed to fly if showing any signs of illness. Another
commenter was concerned about the radiation levels flight attendants
are exposed to. Two commenters expressed their frustration with the FAA
regulating things like flight attendant rest breaks.
    These comments are all outside the scope of this rulemaking.

V. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563 direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify the costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100,000,000 or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $165,000,000, using the
most current (2021) Implicit Price Deflator for the Gross Domestic
Product. The FAA has provided a detailed Regulatory Impact Analysis
(RIA) in the docket for this rulemaking. This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this
rule: is a ``significant regulatory action'' as defined in section 3(f)
of Executive Order 12866; may have a significant economic impact on a
substantial number of small entities; will not create unnecessary
obstacles to the foreign commerce of the United States; and will not
impose an unfunded mandate on State, local, or tribal governments, or
on the private sector.

A. Regulatory Impact Analysis

    This section provides a summary of the FAA's regulatory impact
analysis (RIA). Please see the RIA available in the docket for the
rulemaking for more details.
1. Baseline for the Analysis
    The baseline for analysis of the incremental benefits and costs of
the final rule includes the regulations regarding flight attendant rest
and existing practices, the affected entities and flight attendants,
and potential safety and health risks. Prior to the adoption of this
final rule, certificate holders conducting domestic, flag, or
supplemental operations under 14 CFR part 121 needed to provide a
flight attendant scheduled to a duty period of 14 hours or less a
scheduled rest period of at least 9 consecutive hours. The certificate
holder could schedule or reduce the rest period to eight consecutive
hours if the certificate holder provided a subsequent rest period of at
least 10 consecutive hours that was scheduled to begin no later than 24
hours after the beginning of the reduced rest period. In response to
the FAARA 2018 and other circumstances (including that some airlines
schedule flight attendants to be synchronized with those for pilots),
12 certificate holders already schedule flight attendants for 10 hours
of rest. The provision may be reflected in a certificate holder's
collective bargaining agreement with the flight attendant union.
    The FAA's Safety Performance Analysis System (SPAS) contains
information on certificate holders conducting operations under part 121
and the number of flight attendants. Table 1 provides a summary by
category of carriers.\25\
---------------------------------------------------------------------------

    \25\ SPAS categories are as follows: Majors: Fleet does not
contain any ``Cargo Only'' configured aircraft; and greater than 25
percent of fleet are aircraft configured with maximum passenger
capacity greater than or equal to 100 seats, and fleet size is
greater than or equal to 400. Nationals: Fleet does not contain any
``Cargo Only'' configured aircraft, and greater than 25 percent of
fleet are aircraft configured with maximum passenger capacity
greater than or equal to 100 seats, and fleet size is less than 400.
Regionals: Fleet does not contain any ``Cargo Only'' configured
aircraft, and greater than or equal to 75 percent of fleet are
aircraft configured with maximum passenger capacity less than 100
seats. Passenger and Cargo Only: Fleet includes ``Passenger
configured'' aircraft and ``Cargo Only'' configured aircraft.

                          Table 1--Universe of Affected Entities and Flight Attendants
----------------------------------------------------------------------------------------------------------------
                                                                                Average
                                                                                number  of
                                                                     Number of     Total number       flight
                            Category                                certificate      of flight    attendants per
                                                                      holders       attendants      certificate
                                                                                holder
----------------------------------------------------------------------------------------------------------------
Major...........................................................               4          91,420          22,855
National........................................................              13          21,805           1,677
Passenger and Cargo.............................................               5             703             141
Regional........................................................              21          14,196             676
                                                                 -----------------------------------------------
    Total.......................................................              43         128,124           2,980
----------------------------------------------------------------------------------------------------------------
NVIS = National Vital Information System.
SPAS = Safety Performance Analysis System.
Source: FAA Safety Performance Analysis System (SPAS), SPAS NVIS Air Operator--12/05/2019.

    Bureau of Transportation Statistics data indicate that flight
attendants serve hundreds of millions of passengers on close to 10
million flights annually in the United States.\26\ Flight attendants
perform safety and security functions while on duty in addition to
serving customers. Voluntary reports submitted by flight attendants to
the Aviation Safety Reporting System indicate the potential for fatigue
to be associated with poor performance of safety and security related
tasks. For example, in 2017, a flight attendant reported almost causing
the gate agent to deploy a slide, which they attributed to, among other
causes, fatigue.\27\ Other reports included poor response to a
passenger incident and feeling pressure to work despite being fatigued.
Additional examples of voluntary reports regarding flight attendant
fatigue are included in the RIA.
---------------------------------------------------------------------------

    \26\ Bureau of Transportation Statistics T-100 Segment (flights)
and Market (passengers) data. Available online at www.BTS.gov.
    \27\ See Aviation Safety Reporting System Database Online
(https://asrs.arc.nasa.gov/search/database.html) report 1452656 from
May 2017.
---------------------------------------------------------------------------

2. Benefits
    The benefits of the regulation will include reductions in safety
risks and any improvements in flight attendant health that may be
associated with the increase in flight attendant minimum rest periods.
Flight attendants must be prepared to respond quickly to emergencies
including evacuations, crash impacts, post-crash or inflight fires,
ditching,\28\ runway over runs, security events, and similar
situations. Benefits of increasing the minimum flight attendant rest
period may accrue through reduced safety risks. However, as discussed
in additional detail in the RIA, any reductions in safety risk are
likely to be small since they will also depend on the frequency with
which safety-oriented tasks occur, and currently U.S. air carriers
experience very few accidents resulting in death or serious injury.
Additionally, given the potential impact of fatigue on health, the
final rule could also result in health benefits for flight attendants.
---------------------------------------------------------------------------

    \28\ Refers to crash-landing into water an aircraft not designed
for the purpose.
---------------------------------------------------------------------------

    The FAA does not have sufficient data to estimate a baseline level
of safety risk associated with flight attendant fatigue. In addition,
it is also difficult to estimate (and the FAA does not have data on)
the impact of the final rule in reducing flight attendant fatigue-
related performance errors (i.e., how outcomes will differ compared to
under the current rest period). Similarly, because multiple factors
affect flight attendant health, it is difficult to identify health
risks specifically attributable to rest period-related fatigue and the
impact of the rest requirement in reducing that risk.
3. Costs
    The FAA used data that it collects from certificate holders
conducting operations under part 121 and information submitted in
response to the ANPRM, as supplemented or verified through additional
outreach, to estimate the costs that may be associated with the final
rule.\29\ To better understand the ANPRM responses, the FAA conducted
additional outreach to three major certificate holders, three national
certificate holders, and three regional certificate holders in January
and February 2020. This outreach assisted the FAA in applying the ANPRM
comment responses to estimate costs.
---------------------------------------------------------------------------

    \29\ The FAA sought further comment as part of the NPRM however
it did not receive comments that provided new or additional data on
which to base estimates.
---------------------------------------------------------------------------

    The FAA used this data and information to estimate incremental
costs, including new hires of flight attendants, onboarding, training,
travel, and modifying crew scheduling software. As some of these
certificate holders implemented the rest requirement around the time
the FAARA 2018 was enacted or shortly thereafter, uncertainty exists
regarding whether implementation occurred due to anticipation of the
required rule change or other business reasons independent of
regulatory action. Therefore, the FAA measures the costs of the final
rule from two baselines to capture the different levels of incremental
effects attributable to the rule, consistent with the Office of
Management and Budget's (OMB) guidelines: \30\
---------------------------------------------------------------------------

    \30\ The OMB's 2003 guidance on regulatory analysis, Circular A-
4, is available online at: https://obamawhitehouse.archives.gov/omb/circulars_a004_a-4/.
---------------------------------------------------------------------------

     Existing practices baseline--certificate holder practices
at the time of the final rule.
     Pre-statutory baseline--certificate holder practices at
the time of the FAARA 2018.\31\
---------------------------------------------------------------------------

    \31\ OMB Circular A-4 requires agencies to use a pre-statutory
baseline for regulatory analysis of statutory requirements (pp. 15
and 16): ``In some cases, substantial portions of a rule may simply
restate statutory requirements that would be self-implementing, even
in the absence of the regulatory action. In these cases, you [the
agency] should use a pre-statute baseline.''
---------------------------------------------------------------------------

    Table 2 shows the affected entities by category in each baseline
scenario and the current number of flight attendants.

                 Table 2--Potentially Affected Entities
------------------------------------------------------------------------
                                             Number of
                                            certificate      Number of
                Category                   holders with       flight
                                            incremental     attendants
                                               costs
------------------------------------------------------------------------
Existing Practices Baseline:
    Major...............................               2          41,217
    National............................              11          19,458
    Passenger and Cargo.................               4             437
    Regional............................              14           6,152
                                         -------------------------------
        Total...........................              31          67,264
Pre-statutory Baseline:
    Major...............................               4          91,420
    National............................              12          21,674
    Passenger and Cargo.................               5             739
    Regional............................              15           6,208
                                         -------------------------------
        Total...........................              36         120,041
------------------------------------------------------------------------
\1\ The number of affected certificate holders does not equal the
  universe (total number) of certificate holders under both baselines
  because some carriers have implemented the rest for other reasons
  (e.g., regional carriers scheduling flight attendants with pilots).

    Table 3 provides the estimates of annualized and present value
costs using both baselines. The key factor influencing the magnitude of
the costs is the selection of the relevant baseline for the analysis.
Note that uncertainties exist regarding the characterization of both
baselines, as the FAA does not have complete information on existing
practices or recent changes that carriers have made as a result of the
FAARA 2018 or in anticipation of the rule. In addition, with respect to
hires, it can be difficult to differentiate impacts due to a
requirement to provide 10 consecutive hours of rest that cannot be
reduced from other factors including growth or other trends. The
outreach effort confirmed that the type of operations, which are
specific to each certificate holder, affect the impacts.

                   Table 3--Summary of Estimated Costs
                               [Millions]
------------------------------------------------------------------------
                                            Annualized    5-year present
              Discount rate                    cost            value
------------------------------------------------------------------------
Existing Practices Baseline:
    7%..................................           $67.5          $277.0
    3%..................................            67.3           308.3
Pre-statutory Baseline:
    7%..................................           117.9           483.5
    3%..................................           117.7           538.9
------------------------------------------------------------------------

    Table 4 provides a breakout by category of certificate holder (for
the seven percent discount rate scenario). The FAA modeled costs per
certificate holder as a function of the certificate holder's size (as
measured by the number of flight attendants). Table 5 shows the
estimated increases in flight attendants across categories by baseline
scenario. These results are based on the hiring needs identified by
commenters to the ANPRM. However, the FAA acknowledges that the input
values may not be sufficiently representative of the different
certificate holders in each category.

                           Table 4--Annualized Costs by Category of Certificate Holder
                                          [Millions, 7% discount rate]
----------------------------------------------------------------------------------------------------------------
                                                                                Average
                                                                     Number of                      annualized
                            Category                                certificate     Annualized       cost per
                                                                      holders          cost         certificate
                                                                                holder
----------------------------------------------------------------------------------------------------------------
Existing Practices Baseline:
    Major.......................................................               2           $45.3           $22.7
    National....................................................              11            17.6             1.6
    Passenger and Cargo.........................................               4             0.3             0.1
    Regional....................................................              14             4.2             0.3
                                                                 -----------------------------------------------
        Total...................................................              31            67.5             2.2
Pre-statutory Baseline:
    Major.......................................................               4            93.6            23.4

    National....................................................              12            19.6             1.5
    Passenger and Cargo.........................................               5             0.5             0.1
    Regional....................................................              15             4.2             0.2
                                                                 -----------------------------------------------
        Total...................................................              36           117.9             2.7
----------------------------------------------------------------------------------------------------------------

       Table 5--Estimated Hiring by Category of Certificate Holder
------------------------------------------------------------------------
                                             Number of      Increase in
                Category                    certificate       flight
                                              holder        attendants
------------------------------------------------------------------------
Existing Practices Baseline:
    Major...............................               2             377
    National............................              11             149
    Passenger and Cargo.................               4               3
    Regional............................              14              36
                                         -------------------------------
        Total...........................              31             565
Pre-statutory Baseline:
    Major...............................               4             836
    National............................              12             166
    Passenger and Cargo.................               5               4
    Regional............................              15              36
                                         -------------------------------
        Total...........................              36           1,043
------------------------------------------------------------------------

4. Uncertainty
    There are a number of uncertainties in the analysis. The hiring
response by major certificate holders has potentially the largest
impact on costs. The FAA did not receive information in response to
this request during the NPRM comment period. For example, reducing the
hiring assumption for these certificate holders by half reduces
estimated costs by over 30 percent. A key uncertainty exists regarding
any lingering or lasting changes to the industry following the
coronavirus public health emergency and the impact on benefits and
costs.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 (Pub. L. 96-354,
codified at 5 U.S.C. 601 et seq.), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) and the
Small Business Jobs Act of 2010 (Pub. L. 111-240), requires Federal
agencies to consider the effects of the regulatory action on small
entities and to minimize any significant economic impact. The term
``small entities'' includes small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
    The FAA published an Initial Regulatory Flexibility Analysis (IRFA)
in the proposed rule to aid the public in commenting on the potential
impacts to small entities. The FAA considered the public comments in
developing the final rule and this Final Regulatory Flexibility
Analysis (FRFA). A FRFA must contain the following:
    (1) A statement of the need for, and objectives of, the rule;
    (2) A statement of the significant issues raised by the public
comments in response to the IRFA, a statement of the assessment of the
agency of such issues, and a statement of any changes made in the
proposed rule as a result of such comments;
    (3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments;
    (4) A description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available;
    (5) A description of the projected reporting, recordkeeping, and
other compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record;
    (6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
Need for and Objectives of the Rule
    Section 335(a) of the FAARA 2018 requires modification of the
flight attendant duty period limitations and rest requirements to set
the minimum rest period to at least 10 consecutive hours for a flight
attendant scheduled for a duty period of 14 hours or less and to
prohibit the reduction of the rest period under any circumstances. This
final rule modifies the flight attendant duty period limitations and
rest requirements in 14 CFR 121.467 consistent with the requirements of
the FAARA 2018. As such, the minimum

rest period for a flight attendant scheduled for a duty period of 14
hours will increase from at least 9 consecutive hours to at least 10
consecutive hours. The FAA will also remove the ability of the
certificate holder to reduce the rest period that current regulations
allow. This final rule fulfills the statutory requirement to provide
flight attendants additional rest, which certificate holders will not
be permitted to reduce.
Significant Issues Raised in the Public Comments
    The FAA did not receive any comments on the IRFA.
Response to SBA Comments
    The FAA did not receive comments from the SBA.
Small Entities to Which the Rule Will Apply
    The FAA used the RFA definition of small entities for this
analysis. The RFA defines small entities as small businesses, small
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3),
the RFA defines ``small business'' to have the same meaning as ``small
business concern'' under section 3 of the Small Business Act. The Small
Business Act authorizes the SBA to define ``small business'' by issuing
regulations.
    The SBA established size standards for various types of economic
activities, or industries, under the North American Industry
Classification System (NAICS).\32\ These size standards generally
define small businesses based on the number of employees or annual
receipts. Table 6 shows the SBA size standards for certificate holders
as an example. Note that the SBA definition of a small business applies
to the parent company and all affiliates as a single entity.
---------------------------------------------------------------------------

    \32\ Small Business Administration Table of Size Standards.
Effective August 12, 2019. https://www.sba.gov/document/support--table-size-standards.

       Table 6--Small Business Size Standards: Air Transportation
------------------------------------------------------------------------
                                                            SBA size
          NAICS code                  Description           standard
------------------------------------------------------------------------
481111........................  Scheduled Passenger     1,500 employees.
                                 Air Transportation.
481112........................  Scheduled Freight Air   1,500 employees.
                                 Transportation.
481211........................  Nonscheduled Chartered  1,500 employees.
                                 Passenger Air
                                 Transportation.
481212........................  Nonscheduled Chartered  1,500 employees.
                                 Freight Air
                                 Transportation.
481219........................  Other Nonscheduled Air  $16.5 million in
                                 Transportation.         annual
                                                         receipts.
------------------------------------------------------------------------

    Certificate holders affected by the requirements for flight
attendant rest are those authorized to conduct operations under 14 CFR
part 121. To identify small entities, the FAA first identified the
primary NAICS of the certificate holder or parent company, and then
used data from different sources (e.g., company annual reports, Bureau
of Transportation Statistics) to determine whether the certificate
holder meets the applicable size standard. Table 7 provides a summary
of the estimated number of small entities to which this final rule will
apply.

                                   Table 7--Estimated Number of Small Entities
----------------------------------------------------------------------------------------------------------------
                                                                     Number of     Number small    Percent small
                            Category                                 entities        entities        entities
----------------------------------------------------------------------------------------------------------------
Major...........................................................               4               0               0
National........................................................              13               4              31
Passenger and Cargo.............................................               5               2              40
Regional........................................................              21               4              19
    Total.......................................................              43              10              23
----------------------------------------------------------------------------------------------------------------

Projected Reporting, Recordkeeping, and Other Compliance Requirements
    No new recordkeeping or reporting requirements are associated with
the final rule. Small entity compliance with the final rule might
entail hiring additional flight attendants, providing initial and
recurring training, travel and per diem costs, and modifying software.
In addition, costs might result from updating procedural manuals.
    Table 8 shows the estimated annualized compliance costs by category
and the number of small entities in each category. Based on average
compliance costs, impacts do not appear disproportionate to small
entities. Also, regional certificate holders, which account for four of
the identified small entities, may be less likely affected by the final
rule due to scheduling flight attendants with pilots.\33\ To the extent
that small entities provide more unique services or serve markets with
less competition, these entities might be able to pass on costs in the
form of price increases.
---------------------------------------------------------------------------

    \33\ In their comment on the ANPRM, the Association of Flight
Attendants noted that most regional certificate holders are bidding
schedules with 10 hour rest because the certificate holder schedules
flight attendants with pilots to avoid operational issues.

         Table 8--Average Cost of Compliance and Small Entities
------------------------------------------------------------------------
                                                              Average
                                                            annualized
                                             Number of       cost per
                Category                  small entities    certificate
                                                              holder
                                                          (millions) \1\
------------------------------------------------------------------------
Major...................................               0           $22.7

National................................               4             1.6
Passenger and Cargo.....................               2             0.1
Regional................................               4             0.3
------------------------------------------------------------------------
\1\ Based on a baseline of existing practices and using a 7% discount
  rate.

Significant Alternatives Considered
    One alternative the FAA considered was conducting a comprehensive
review and revision of the flight attendant duty and rest regulations,
similar to revisions the FAA made in the Flightcrew Member Duty and
Rest Requirements rule.\34\ The FAA rejected this alternative because
of the narrow scope of the statutory mandate for rulemaking. Also,
increased comprehensive or stringent requirements could add burden
rather than reduce burden on small entities.
---------------------------------------------------------------------------

    \34\ 77 FR 330.
---------------------------------------------------------------------------

    Section 335(a) contains instruction on specific, prescriptive
amendments to the existing rest requirement. Any lower-cost
alternatives will contravene the statute. Therefore, the FAA did not
identify or consider any lower-cost alternatives to the statutory
mandate.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that those international standards be the basis for U.S.
standards. The requirements of this final rule will not create an
obstacle to foreign commerce because they will apply only to flight
attendants serving in operations conducted by U.S.-certificate holders
conducting operations under part 121.

D. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $165 million in lieu of $100
million. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the final rule will not result in
the expenditure of $165,000,000 or more by State, local, or tribal
governments in the aggregate, or the private sector, in any one
year.\35\ Therefore, the requirements of Title II of the Unfunded
Mandates Reform Act of 1995 do not apply.
---------------------------------------------------------------------------

    \35\ The Unfunded Mandates Reform Act of 1995 defines ``Federal
private sector mandate'' as ``any provision in legislation, statute,
or regulation that . . . would impose an enforceable duty upon the
private sector . . . or would reduce or eliminate the amount of
authorization of appropriations for Federal financial assistance
that will be provided to the private sector for the purposes of
ensuring compliance with such duty.'' Public Law 104-4, section 658
(1995).
---------------------------------------------------------------------------

E. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., 5 CFR 1320.8(d) requires that the FAA provide interested members
of the public and affected agencies an opportunity to comment on
information collection and recordkeeping requests. This action does not
impose new information collection requirements as defined in 5 CFR part
1320.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified no differences with these regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under NEPA in the absence of
extraordinary circumstances. The FAA has determined this rulemaking
action qualifies for the categorical exclusion identified in paragraph
5-6.6f for regulations and that no extraordinary circumstances exist.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
requires agencies to assure meaningful and timely input by State and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' The
Agency has determined that this action will not have a substantial
direct effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, and,
therefore, will not have Federalism implications.

B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    Consistent with Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' and FAA Order 1210.20,
``American Indian and Alaska Native Tribal Consultation Policy and
Procedures,'' the FAA ensures that Federally Recognized

Tribes (Tribes) are given the opportunity to provide meaningful and
timely input regarding Federal actions that have the potential to
uniquely or significantly affect their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on tribes resulting from this final rule.

C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this final rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FAA has determined that it would not be a
``significant energy action'' under the executive order and would not
be likely to have a significant adverse effect on the supply,
distribution, or use of energy.

D. Executive Order 13609, Promoting International Regulatory
Cooperation and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider
whether the impacts associated with significant variations between
domestic and international regulatory approaches are unnecessary or may
impair the ability of American businesses to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, regulatory approaches
developed through international cooperation can provide equivalent
protection to standards developed independently while also minimizing
unnecessary differences.

VII. Additional Information

A. Electronic Access and Filing

    A copy of the ANPRM, NPRM, all comments received, the final rule,
and all background material may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of
this rule will be placed in the docket. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
https://www.federalregister.gov and the Government Publishing Office's
website at https://www.govinfo.gov. A copy may also be found at the
FAA's Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
    All documents the FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 121

    Air carriers, Aviation safety, Safety, Transportation.

The Amendment

    For the reasons set forth in the preamble, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
1. The authority citation for part 121 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732
note); Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).

0
2. Amend Sec.  121.467 by revising paragraphs (b)(2) and (3) to read as
follows:

Sec.  121.467  Flight attendant duty period limitations and rest
requirements: Domestic, flag, and supplemental operations.

* * * * *
    (b) * * *
    (2) A flight attendant scheduled to a duty period of 14 hours or
less as provided under paragraph (b)(1) of this section must be given a
scheduled rest period of at least 10 consecutive hours. This rest
period must occur between the completion of the scheduled duty period
and the commencement of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section
may not be reduced to less than 10 consecutive hours.
* * * * *

    Issued in Washington, DC, under authority provided by 49 U.S.C.
106(f), 44701(a)(5) and sec. 335(a) of Public Law 115-254 on or
about October 4, 2022.
Billy Nolen,
Acting Administrator, Federal Aviation Administration.
[FR Doc. 2022-21963 Filed 10-11-22; 8:45 am]
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