[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Proposed Rules]
[Page 1279-1453]
[DOCID:fr12ja09-15]

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Part II

Department of Transportation

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Federal Aviation Administration

14 CFR parts 65, 119, 121 et al.

Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers; Proposed Rule

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR parts 65, 119, 121, 135 and 142

[Docket No. FAA-2008-0677; Notice No. 08-07]
RIN 2120-AJ00

Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend the regulations for crewmember and
dispatcher training programs in domestic, flag, and supplemental
operations. The proposed regulations enhance traditional training
programs by requiring the use of flight simulation training devices for
flight crewmembers and including additional training requirements in
areas that are critical to safety. The proposal also reorganizes and
revises the qualification and training requirements. The proposed
changes are intended to contribute significantly to reducing aviation
accidents.

DATES: Comments must be received on or before May 12, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2006-
26139 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility,
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For flight crewmember information
contact Ed Cook, for flight attendant information contact Nancy Lauck
Claussen, and for aircraft dispatcher information contact David Maloy,
Air Carrier Training Branch (AFS-210), Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone<PHONE_NUMBER>. For legal questions,
contact Anne Bechdolt, Office of Chief Counsel (AGC-200), Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional
Information section, we discuss how you can comment on this proposal
and how we will handle your comments. Included in this discussion is
related information about the docket, privacy, and the handling of
proprietary or confidential business information. We also discuss how
you can get a copy of this proposal and related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. This rulemaking is promulgated
under the authority described in 49 U.S.C. 44701(a)(5), which requires
the Administrator to promulgate regulations and minimum standards for
other practices, methods, and procedures necessary for safety in air
commerce and national security.

Table of Contents

I. Summary of the Proposal
II. Qualification Performance Standards (QPS) Appendices
III. Background
    A. Current Qualification and Training Requirements
    B. Need for Safety Improvements and FAA Actions
    C. Qualification To Serve as a Required Crewmember or Aircraft
Dispatcher
    D. Subparts N and O Aviation Rulemaking Committee (ARC)
    E. Training Program Vocabulary and Instructional Design
IV. The Proposal
    A. Major Changes Affecting Crewmembers and Aircraft Dispatchers
    B. Major Changes Affecting Flight Crewmembers
    C. Major Changes Affecting Flight Attendants
    D. Major Changes Affecting Aircraft Dispatchers
V. Impact Statements

I. Summary of the Proposal

Purpose

    The primary purpose of this NPRM is to establish new requirements
for traditional air carrier training programs to ensure that safety-
critical training is included. These changes are expected to make a
significant contribution to the FAA's accident reduction goal. The
secondary purpose of this rulemaking project is to reorganize, simplify
and modernize all rule language associated with crewmember and aircraft
dispatcher qualification and training under part 121. This proposal
revises and recodifies the crewmember qualification and training
requirements in subparts N and O into a new subpart BB of part 121 and
revises and recodifies the aircraft dispatcher qualification and
training requirements in subparts N and P into subpart CC of part 121.
    This rulemaking is part of the FAA's efforts to reduce fatal
accidents in which human error was a major contributing cause. The
proposed changes would reduce human error and improve performance among
flight crewmembers, flight attendants, and aircraft dispatchers.
    The FAA is proposing the following safety improvements to its
qualification and training requirements:
     Train and evaluate flight crewmembers in a complete flight
crew environment.
     Require Line Oriented Flight Training (LOFT) to be
administered to flight crewmembers in a full flight simulator (FFS)
during recurrent training.
     Require the use of a qualified flight simulation training
device (FSTD) for training, testing, and checking flight crewmembers.
     Require special hazard training for flight crewmembers,
such as loss of control and Controlled Flight Into Terrain (CFIT).

     Require additional training and practice in the use of
Crew Resource Management (CRM) principles.
     Require flight attendants to complete ``hands on''
performance drills using emergency equipment and procedures every 12
months.
     Require flight attendants to complete operating experience
by aircraft type for the certificate holder.
     Require trained and qualified flight attendant ground
instructors and evaluators.
     Standardize the training and experience requirements for
check dispatchers and dispatcher instructors.
     Implement supervised operating experience (SOE)
requirements for aircraft dispatchers.
     Establish Requalification training for aircraft
dispatchers and crewmembers.
     Require a continuous analysis process (CAP) for
certificate holders.
    In addition, the FAA's recent ``Call to Action'' plan elevated
short-, mid-, and long-term goals to address safety improvement at
airport runways. This proposed rule states that the tasks listed in the
rule, and the Flight Crewmember Operating Manual (FCOM) required by the
rule, must be integrated with one another and must reflect the
certificate holder's operations and the specific aircraft. The proposed
rule also includes tasks that directly address the runway safety goals.
Specifically, they include the following:
    (1) Using an airport diagram (surface movement) chart to aid in
maintaining positional awareness.
    (2) Obtaining the appropriate clearance before crossing or entering
active runways.
    (3) Observing runway hold lines, localizer and glide slope critical
areas, beacons, and other surface movement guidance control markings
and lighting.
    (4) Ensuring takeoff clearance is received and that the correct
runway is being entered for takeoff prior to crossing the hold short
line.
    The FAA is issuing this proposal under the authority described in
Subtitle VII, Part A, subpart i, 49 U.S.C. 44701. The FAA is charged
with regulating air commerce in a way that best promotes safety.

Compliance Issues

    To help transition from the current regulations to the revised
requirements for qualification, service, and use of crewmembers and
aircraft dispatchers, the FAA is proposing to continue the current
regulations under subparts N, O, and P, for 5 years after the effective
date of the final rule. On the date the current regulations expire, all
certificate holders, crewmembers, and aircraft dispatchers must be in
compliance with the requirements in subparts BB and CC of part 121.
Therefore, it will be necessary for certificate holders to begin
training under subparts BB and CC in sufficient time to ensure that all
crewmembers and aircraft dispatchers are trained, qualified, and meet
the applicable look back provisions of subparts BB and CC, before the
expiration of regulations pertaining to qualification, service, and use
of crewmembers and aircraft dispatchers in subparts N, O, and P.
Proposed 14 CFR121.1202 and 121.1402 require certificate holders to
submit a transition plan that specifies the transition completion date,
which must be before the expiration of the current regulations.
    The effective date of the final rule will be 120 days after
publication in the Federal Register. Persons who have an approved
training program before the effective date of the final rule or have
submitted a training program for approval before the effective date of
the final rule may comply with existing regulations, subparts BB and
CC, or both. The proposed rule permits simultaneous compliance to allow
the certificate holder to continue using its approved programs while
transitioning to the new requirements. Although the rule allows the
certificate holder to simultaneously comply with the existing
regulations and the new rules, each individual crewmember or aircraft
dispatcher must be trained and qualified under the requirements of
either subparts BB and CC, or subparts N, O, and P.
    For example, during the transition period, the air carrier may
decide to train all newly hired flight attendants in accordance with
the proposed rules, while continuing to train existing flight
attendants under the current requirements. However, individual flight
attendants, in the above example, would be required to be fully in
compliance with the requirements of the existing regulations or with
the proposed regulations. If a certificate holder submits a training
program for a new aircraft type after the effective date of the rule,
the training program developed for this new aircraft type must be in
compliance with and approved under proposed subparts BB and CC.
Therefore, any flight attendants qualified on this new aircraft type
would be trained in accordance with the new rules, while flight
attendants qualified on aircraft types currently operated by the
certificate holder could be trained in accordance with the existing
regulations in subparts N, O, and P.
    Setting the effective date for 120 days after publication of the
final rule and allowing use of the existing regulations for 5 years
after this period provides existing certificate holders and the FAA
time to smoothly transition to the new requirements. By using this
approach, certificate holders seeking FAA approval for a new training
program will not have to develop one training program to comply with
the old regulations, then develop another training program to comply
with the new regulations.
    The proposed rule also contemplates that when a new training
program is submitted for approval after the rule's effective date, the
training program must meet the requirements of subparts BB or CC, as
applicable. The FAA does not intend that non-significant modifications
that may be proposed to a current training program under the existing
regulations would require the certificate holder to initiate
development of a training program to comply with Subpart BB or CC any
earlier than they had planned in accordance with their current business
plan.
    The FAA has included a grandfather provision in proposed subpart BB
to allow persons qualified for a crewmember duty position under the
current rules to meet the requirements of the proposed rule without
having to repeat certain categories of training they have already
completed under the current rules. Proposed subpart CC contains a
similar grandfather provision for aircraft dispatchers.
    In addition, the FAA is proposing to amend requirements in current
Sec.  121.543 in proposed Sec.  121.1241(b)(3)(v). Proposed Sec.
121.1241(b)(3)(v) requires that all flight crewmembers at the controls
are current and qualified, including landing recency. Under the current
rules, landing recency is not required for relief pilots. This proposal
codifies current industry practice and ensures proficiency in all tasks
necessary for safe operation of the aircraft.

II. Qualification Performance Standards (QPS) Appendices

    The FAA is proposing to add four QPS appendices in 14 CFR part 121:
pilots, appendix Q; flight engineers, appendix R; flight attendants,
appendix S; and aircraft dispatchers, appendix T. The QPS appendices
contain minimum training and evaluation standards as well as procedures
for crewmembers and aircraft dispatchers to become qualified and
maintain qualification. The material in the proposed QPS appendices is
based on the subjects and

tasks in subparts N, O, and P. In addition, the pilot QPS is based on
current part 121 practical training and checking standards in
appendices E and F, and flight simulation performance guidelines in
appendix H. The FAA has separated the material in the QPS appendices
into two sections: ``QPS Requirements'' and ``Information.'' The ``QPS
Requirements'' sections are regulatory and are in addition to the
requirements in part 121. The ``Information'' sections are advisory,
and are not regulatory. Future changes and additions to the QPS
Requirements would be subject to notice and comment rulemaking
procedures under the Administrative Procedure Act, unless ``good
cause'' (see 5 U.S.C. 553(b)(B)) exists to justify proceeding without
notice and comment.
    The FAA does not expect that many changes to the QPS appendices
will justify the expenditure of time and resources at the highest
levels of the agency that the standard procedures for final review of
rulemakings require. The Administrator will delegate authority for
final review and issuance of changes to the QPS appendices to the
Director of the Flight Standards Service. This delegation of authority
will be exercised with the concurrence of the Office of the Chief
Counsel. This streamlined process will result in timely responses to
incident and accident data, continuous analysis process (CAP) changes,
and advances in aircraft or simulation technology. If at any time
during the amendment process the Administrator or the Director of the
Flight Standards Service determines that a proposed amendment is not
appropriate for this streamlined process, the rulemaking project will
proceed in accordance with the agency's standard rulemaking procedures.

III. Background

A. Current Qualification and Training Requirements

    The regulations governing certificate holder crewmember and
aircraft dispatcher qualification and training requirements appear in
14 CFR part 121 subparts N, O, and P. Subpart N contains the
requirements for establishing and maintaining a training program for
crewmembers, aircraft dispatchers, and other operations personnel.
Subpart N also contains the requirements for the use of airplane
simulators and other training devices. Subpart O contains crewmember
qualification requirements. Subpart P contains aircraft dispatcher
qualification requirements. Appendix E to part 121 establishes the
flight training tasks required in pilot initial, transition, and
upgrade training. Appendix F to part 121 establishes the flight
checking tasks required in pilot proficiency checks. Appendix H to part
121 provides guidelines and a means for using advanced airplane
simulators in training and checking of flight crewmembers.

B. Need for Safety Improvements and FAA Actions

FAA Initiatives
    Among the leading causes of fatal accidents for U.S. air carriers
from 1987 through 1996 were loss of control and CFIT. Human error was
identified as a major contributing cause in a large percentage of these
accidents. The FAA took immediate steps toward preventing these types
of accidents by developing technological standards and encouraging
simulator training in CFIT avoidance and to improve flight crewmember
response in loss of control situations. The FAA also reviewed its
regulations in 14 CFR part 121 subparts N, O, and P to identify
improvements in training for flight crewmembers, flight attendants, and
aircraft dispatchers.
    As part of the regulatory review, the FAA evaluated its experience
with the Advanced Qualification Program (AQP) currently in place at
many part 121 air carriers. AQP is an alternative method using advanced
simulation equipment and objective performance standards for training
and testing crewmembers.\1\ The FAA's review of AQP revealed the need
to improve the traditional qualification and training programs
conducted under subparts N, O, and P.
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    \1\ The FAA codified AQP in 14 CFR part 121 subpart Y (September
16, 2005; 70 FR 54810).
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    The National Transportation Safety Board (NTSB) investigations
identified several areas of inadequate training that were the probable
cause of an accident, such as Incomplete Manuals, Inadequate Standards/
Procedures, Lack of a Stabilized Approach Below 500 Feet, Crew Resource
Management, Turbulence, Thunder Storms, Wind Shear, IFR Conditions,
Cross Wind, and Tail Wind.
    During the 1985 through 2004 time period, the NTSB determined that
inadequate training was the probable cause of 169 accidents involving
the affected populations. We believe that many of these accidents could
have been prevented if the proposed training initiatives were in place
during that 20-year period. Of the 169 accidents, 43 (about 25%)
involved one or more fatalities and 126 (about 75%) had no fatalities.
These accidents resulted in 988 fatalities and 250 serious injuries. In
addition to the injuries and fatalities, there was also significant
damage or complete hull loss for these accidents. This proposal
contains changes to address the causes and factors identified by the
NTSB.
NTSB Recommendations
    The changes proposed in this NPRM also address several NTSB
recommendations. The NTSB recommendations addressed Crewmember Resource
Management (CRM) training (Recommendations A-88-71 and A-94-196); use
of simulators to conduct LOFT (Recommendations A-94-191 through 194);
TCAS RA training (Recommendation A-93-46); training of flight crews to
respond to sudden, unusual or unexpected aircraft upsets
(Recommendation A-96-120); flight attendant training (Recommendations
A-92-67, A-92-70, A-92-71, A-92-74, and A-92-77); and training to
respond to inflight fires (Recommendations A-01-83 through A-01-85).\2\
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    \2\ The NTSB Safety Recommendation Letters are available online
at http://www.ntsb.gov/Recs/letters/letters.htm.
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    The FAA recognizes that the NTSB has already closed some of these
recommendations. However, we reviewed NTSB recommendations concerning
training to make the proposed training requirements as effective as
possible. For specific information on how the FAA is responding to
these NTSB recommendations, see section IV, ``The Proposal,'' later in
this preamble.

C. Qualification To Serve as a Required Crewmember or Aircraft
Dispatcher

    There are several requirements for a crewmember to become qualified
to serve in part 121 operations. Just because an individual is
``qualified'' under this proposal does not mean that he or she can
serve in part 121 operations without meeting additional requirements.
For example, pilots are ``qualified'' under this proposal when they
hold the appropriate certificates and ratings and have completed the
required curricula. However, to serve unsupervised in part 121
operations they must also meet the operating experience, initial line
check, crew pairing, operating limitations, and route and airport
qualification requirements. In addition, when they first serve in part
121 operations they must be supervised. Further, once they obtain their
initial authorization to serve, they must continually meet a different
set of requirements to retain that authorization. This is similar to
current requirements.

D. Subparts N and O Aviation Rulemaking Committee (ARC)

    On May 3, 2004, the FAA established the ARC as a forum for the FAA
and the aviation community to discuss crewmember and aircraft
dispatcher qualification and training. The ARC focused on changes to
improve flight safety issues; the application of simulation to flight
crewmember training, testing, or checking activities; and the
implementation of technical changes in training and qualification
standards. The ARC included participants from the FAA, Air Line Pilots
Association, Air Transport Association, Airbus Training Center, Airline
Dispatchers Federation, Alteon Training, America West Airlines,
American Airlines, Association of Flight Attendants, Association of
Professional Flight Attendants, Boeing, CAE, Independence Air, JetBlue
Airways, Northwest Airlines, Omni Air International, Pan Am, Regional
Airline Association, and Southwest Airlines. The ARC submitted
recommendations to the Associate Administrator for Aviation Safety in
April 2005. These recommendations focused on changes to the regulatory
requirements, the development of QPS appendices specific to the needs
of pilots, flight engineers, flight attendants, and aircraft
dispatchers, and organization of the regulations.

E. Training Program Vocabulary and Instructional Design

    The purpose of a certificate holder's training program is to
produce and maintain competency necessary for job performance. In this
proposal, the FAA is introducing new terms associated with training
programs.
    At the highest level, training programs have ``curricula'' to
qualify a person for a duty position for an aircraft type. A pilot in
command (PIC), second in command (SIC), flight engineer, or a flight
attendant serving in operations under this part holds a ``crewmember
duty position.'' A flight instructor (aircraft or simulator), flight
engineer instructor (aircraft or simulator), flight attendant
instructor, check person (check pilot, aircraft; check pilot,
simulator; check flight engineer, aircraft; check flight engineer,
simulator; or check flight attendant), or person authorized to
administer flight attendant proficiency tests holds a ``training'' or
``evaluation'' duty position. The curriculum for each crewmember duty
position and training or evaluation duty position includes categories
of training and the appropriate segments for each category.
    Within a curriculum, ``categories of training'' (also called
``training categories'') relate to qualification experience levels,
first time qualification for a certificate holder, first time
qualification in type, configuration differences within type or series,
maintaining and regaining qualification, and changes in operation. The
categories of training within a curriculum include: New hire; initial;
transition; conversion (full and core); upgrade (full and core);
emergency; differences; recurrent; requalification; and special.
    Each category of training includes two ``segments of training''--
academic and job performance. Academic is training and evaluation that
provides students with the required knowledge and cognitive skills
necessary to perform the tasks required for the crewmember duty
position or training or evaluation duty position. Academic training
could be completed in either a classroom setting or through distance
learning. Job performance is training and evaluation in the duty or job
environment that provides students with the practical, hands on
experience of integrating knowledge and skills and learning the related
motor skills necessary to perform the job.
    For flight crewmembers, the proposed term ``academic training'' is
currently known as ``ground training.'' For flight crewmembers, the
proposed term ``job performance training'' is currently known as
``flight training.'' The FAA has proposed these new terms in order to
ensure they accurately apply to all training populations affected by
the proposed rule, including those that do not conduct flight training,
such as flight attendants and aircraft dispatchers.
    Segments of training have subsets called ``modules.'' Certificate
holders create modules based on the task requirements in the applicable
QPS. The FAA approves all modules as part of the approved training
program.
    The following table compares the proposed terminology with the
current usage.

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                   Current rule                         Proposed rule
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TRAINING PROGRAM                                    TRAINING PROGRAM
    (Curriculum and Resources)                       (Curriculum and
                                                     Resources)
CURRICULUM                                          CURRICULUM
CATEGORIES OF TRAINING                              CATEGORIES OF
                                                     TRAINING

                                                                                Aircraft
                                                      Flight crewmember:   Flight attendant:     dispatchers:

    Basic Indoctrination                              New Hire             New Hire            Initial
    Initial                                           Initial              Initial             Transition
    Transition                                        Transition           Transition          Recurrent
    Upgrade                                           Conversion           Recurrent           Requalification
    Recurrent                                         Upgrade              Requalification     Differences
    Requalification                                   Recurrent            Differences         Special
    Differences                                       Requalification      Special
    Crewmember Emergency                              Differences          Emergency
                                                      Special

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CURRICULUM SEGMENTS                                 CURRICULUM SEGMENTS
    (Two Types--Ground and Flight)                   (Two Types--
                                                     Academic and Job
                                                     Performance)
MODULE                                              MODULE
LESSON                                              LESSON
ELEMENT                                             ELEMENT

IV. The Proposal

    This section addresses the major changes proposed in this document
and includes a general description of each change and supporting
rationale. You can find a detailed description of these and other
proposed changes in the ``Section-by-Section Discussion'' in the docket
for this rulemaking at http://

www.regulations.gov. In addition to the ``Section-by-Section
Discussion'' document, the docket also contains ``Derivation and
Distribution Tables'' for the proposed Subparts BB and CC. The
``Derivation and Distribution Tables'' will help commenters track how
the proposed sections relate to the current sections in part 121. The
following table lists the major changes and their applicability to
crewmembers and aircraft dispatchers.

    Major Changes and Their Applicability to Crewmembers and Aircraft
                               Dispatchers
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                              Major changes
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A. Crewmembers and Aircraft Dispatchers
    1. Provide more accurate and complete operating procedures and
     crewmember and aircraft dispatcher duties.
    2. Integrate subparts N, O, and P into new subparts BB and CC.
    3. Require baseline and minimum programmed hours.
    4. Require integration of Crew Resource Management (CRM) and
     Dispatcher Resource Management (DRM).
    5. Add ``Special'' training category.
    6. Establish phased Requalification.
    7. Establish provisions for initial cadre.
    8. Continuous analysis process.
B. Flight Crewmembers
    1. Require the use of FSTD for job performance training and
     evaluation.
    2. Train and evaluate flight crewmembers in a full crew environment.
    3. Require Special Hazards training.
    4. Require Recurrent LOFT.
    5. Reduce the frequency of performance drills using emergency
     equipment and procedures.
C. Flight Attendants
    1. Establish qualification and training requirements for check
     flight attendants, flight attendant instructors, and evaluators.
    2. Require operating experience by aircraft type specific to the
     certificate holder.
    3. Increase the frequency of performance drills using emergency
     equipment and procedures.
D. Aircraft Dispatchers
    1. Establish dispatcher instructors and check dispatchers.
    2. Require supervised operating experience specific to the
     certificate holder.
    3. Establish optional aircraft dispatcher Combined Certification and
     Initial Curriculum.
    4. Establish qualification requirements for Dispatch Program
     Designees.
------------------------------------------------------------------------

A. Major Changes Affecting Crewmembers and Aircraft Dispatchers

1. Provide for More Accurate and Complete Operating Procedures and
Crewmember and Aircraft Dispatcher Duties
    Training effectiveness is enhanced when operational procedures and
crewmember duties are thoroughly and accurately defined for the type of
operation. The FAA reviewed numerous accidents where a lack of properly
defined procedures and duties were a direct or contributing factor. The
following proposals will improve the completeness and accuracy of the
duties and procedures for crewmembers and aircraft dispatchers.
     Add Standard Operating Procedures, Abnormal or Non-normal
Procedures, Emergency Procedures, Weight and Balance (or Loading), and
Performance sections to the Operating Limitations section of the FAA-
approved Flight Crew Operating Manual (FCOM) as mandatory instructions
for all persons operating a civil aircraft in operations under this
part.
     Require that training and evaluation of monitoring duties
for the pilot not flying the aircraft be provided in addition to the
traditional pilot flying (at the controls).
     Include procedures in the FCOM for executing the tasks
authorized for the certificate holder. These procedures may come from
the following: (1) The FAA-approved Airplane Flight Manual (AFM); (2)
the generic procedures provided in the QPS; or other procedures as
modified by the certificate holder and approved by the Principal
Operations Inspector (POI), such as those contained in Operations
Specifications (OpSpecs).
     Provide training in approved procedures in critical
environments (e.g., windshear for takeoff and landing).
     Provide awareness performance statements relative to each
task (e.g., be aware of the autoflight configuration at all times).
     Require that the material in the current certificate
holder's manual (Sec. Sec.  121.133, 121.135, and 121.141) pertaining
to crewmembers and aircraft dispatchers be contained in the Flight Crew
Operating Manual (FCOM), Flight Attendant Operating Manual (FAOM), and
Aircraft Dispatcher Procedures Manual (ADPM).
    The requirement for operating procedures and crewmember duties is
not new. However, a thorough and accurate compilation of the
information will improve safety of flight operations. It will also
result in better training program definition and development.
2. Integrate Subparts N, O, and P Into New Subparts BB and CC
    Under the proposal, the current regulations governing drug and
alcohol testing and hazardous material training would remain in
subparts N and O. The crewmember qualification and training
requirements in subparts N and O would be moved into subpart BB of part
121 and the aircraft dispatcher qualification and training requirements
in subparts N and P would be moved into subpart CC of part 121. Other
changes include the addition of new appendices, Q, R, S, and T as QPS
appendices for pilots, flight engineers, flight attendants, and
aircraft dispatchers. The proposal also removes obsolete references to
flight navigators.
3. Require Baseline and Minimum Programmed Hours
    This proposal prescribes programmed hour requirements for
crewmembers and aircraft dispatchers. Programmed hours are the required
academic and job performance training hours for categories of training.
The proposed programmed hours are contained in the applicable QPS. The
programmed hours consist of baseline and minimum hours for academic and
job performance training segments. The term baseline hours refers to
the starting point for determining the number of programmed

hours required for FAA approval. The FAA may allow a reduction from the
baseline hours in certain circumstances. However, the FAA will not
allow a reduction below the minimum number of hours prescribed in the
QPS appendices.
    For example, in accordance with Table 1 of the Pilot QPS, the
baseline for transition academic training is 92 hours. The FAA may
allow a certificate holder to reduce the number of programmed hours if
the certificate holder demonstrates that circumstances justify a lesser
amount. However, the FAA will not approve a reduction below the minimum
hours stated in the Pilot QPS, which is 62 hours for transition
academic training. These proposed requirements would improve the
consistency of reductions to training hours.
    The programmed hours do not include other required training, such
as training for hazardous materials and security. In addition, periods
of time when training is not occurring, such as lunch and travel
between facilities, do not count toward required programmed hours. The
proposed programmed hours give certificate holders flexibility in
developing training programs. The proposed programmed hours also ensure
that training programs have a sufficient number of hours for
crewmembers and aircraft dispatchers to gain and maintain proficiency.
Flight Crewmember Programmed Hours
    Programmed hours consist of baseline and minimum hour requirements.
The FAA bases the proposed baseline and minimum program training hours
on national norms, FAA handbooks, traditional and AQP training
programs, and problems routinely encountered by a POI. The baseline
hours for flight training are not reducible. The baseline hours for
academic training could be reduced to the minimum hours if the
certificate holder applied for a reduction under proposed Sec.
121.1335(b). The Administrator would consider the factors outline in
proposed Sec.  121.1337(e) before granting a reduction in programmed
hours. These factors are:
     The pass/fail rate in the curriculum.
     The quality and effectiveness of the teaching-learning
process.
     The experience levels of the students, instructors, and
check persons.
     The certificate holder's type and scope of operations.
     The complexity of make, model, and series of aircraft
used.
    Current regulations prescribe minimum programmed hours for flight
training. However, under Sec.  121.409(c), the minimum programmed hours
do not apply if the training program includes a course of flight
crewmember training in an FSTD. Since one of the purposes of this rule
is to require all certificate holders to use FSTD in their job
performance training programs, the FAA proposes to delete the exception
in current Sec.  121.409(c). Under Sec.  121.1335 of this proposal, all
training programs are required to have the programmed hours specified
in the applicable QPS.
Flight Attendant Programmed Hours
    Similar to flight crewmember programmed hours, flight attendant
programmed hours are also based on current regulatory and advisory
material. In Recommendation A-92-67, the NTSB stated the FAA should
establish procedures for reducing required hours of flight attendant
Recurrent training. Specifically, the NTSB recommended the procedures
be based on the following:
     The number of types of aircraft for which flight
attendants are qualified.
     The accuracy and effectiveness of training devices and
simulators.
     The methods used to test and evaluate proficiency.
    The FAA proposes to change the way it allocates flight attendant
programmed hours for Initial training for each aircraft type. The FAA
proposes to increase the number of baseline hours for Initial training
on the first aircraft type. Under the proposal, the FAA requires 12
hours of training on general subjects (such as CRM, passenger handling,
and theory of flight) and 12 hours of aircraft type specific training.
For each subsequent aircraft type, the FAA does not require the flight
attendant to repeat training on the general subjects.
    The FAA also proposes a baseline of 24 hours for flight attendant
emergency training. These hours may not be reduced for flight
attendants qualified in overwater operations. For flight attendants not
qualified in overwater operations, the required hours may be reduced to
a minimum of 22 hours. This proposal codifies the national norms that
the FAA has included in FAA Order 8400.10 Air Transportation Operations
Inspector's Handbook (http://www.faa.gov/library/manuals/examiners_
inspectors/8400/), and is consistent with industry practice and NTSB
recommendations.
    In addition, the FAA is proposing new programmed hours for
transition training. Transition training would allow a flight attendant
to qualify on an aircraft type if the flight attendant has been
qualified for at least 180 days and served in the previous 180 days on
an aircraft as a flight attendant for that certificate holder.
    Under the proposal, the baseline programmed hours for transition
training are 12 hours to ensure adequate training for flight
attendants. The baseline may be reduced to a minimum of 8 hours.
Aircraft Dispatcher Programmed Hours
    The proposed aircraft dispatcher regulations contain programmed
hour requirements similar to crewmember programmed hours, including
authorizations for reductions. For example, the Aircraft Dispatcher QPS
outlines a baseline programmed hour requirement of 8 hours for
supervised operating experience. These programmed hours may not be
reduced below the baseline.
4. Require Integration of Crew Resource Management (CRM) and Dispatcher
Resource Management (DRM)
    CRM and DRM training is the incorporation of team management
concepts in flight operations. Resource management training focuses on
the interaction among flight crewmembers, flight attendants, aircraft
dispatchers, maintenance personnel, air traffic controllers, and
others. CRM and DRM activities include team building and maintenance,
information transfer, problem solving, decision making, maintaining
situational awareness, and using automated systems. This proposal
revises current CRM and DRM requirements by integrating CRM and DRM
proficiencies throughout the training and evaluation programs for
crewmembers and aircraft dispatchers. These proposed changes address
NTSB recommendations concerning CRM training (Recommendations A-88-71
and A-94-196).
    The proposed requirements provide details about how certificate
holders must include CRM and DRM training in specific subject areas.
The QPS appendices describe specific CRM and DRM subject areas, such
as: Communication processes and decisions, workload management, and
situational awareness. The proposed Pilot and Flight Engineer QPS
appendices require CRM training and evaluation during recurrent LOFT
sessions and line checks. Training in these areas helps prevent errors
such as taxiing on a wrong runway, misinterpreting tower controller
information, and incompletely preparing for takeoff because of
interruptions. The Flight Attendant QPS incorporates CRM proficiencies
into performance drills. The Aircraft Dispatcher QPS requires that
certificate

holders evaluate DRM indicators throughout the entire Proficiency Test
or Check.
5. Add ``Special'' Training Category
    When certain changes are made to the certificate holder's
operations or equipment, the certificate holder must make conforming
changes to its training program. For example, a certificate holder may
begin conducting Reduced Vertical Separation Minimums (RVSM) or
Extended Operations (ETOPs) and would need to amend its training
program to address these new operations. Another example is the
addition of equipment to aircraft (e.g., Automated External
Defibrillators). In these situations, it may be difficult to determine
when specific crewmembers and aircraft dispatchers have been trained.
To address this situation, some certificate holders have developed a
``Special'' training category. The modules for this ``Special''
training category are temporary and used by the certificate holder to
ensure that all crewmembers and aircraft dispatchers receive the new
training. The certificate holder integrates the module for this
``Special'' training into the existing training categories. The
proposed language has adopted this strategy by codifying a ``Special''
category of training.
6. Establish Phased Requalification
Flight Crewmembers
    Proposed Sec.  121.1239 establishes Requalification requirements
for flight crewmembers who become unqualified by not meeting Recurrent
training requirements. The proposed changes clarify that an unqualified
person may not necessarily be required to repeat all of the Initial
training to regain qualification. Instead, the FAA has based the
Requalification requirements on the amount of time that has elapsed
since the person last served in the duty position in operations under
this part.
    Proposed Sec.  121.1239(b) outlines three phases of
Requalification:
     Phase I Requalification--the person has been unqualified
for less than 9 months.
     Phase II Requalification--the person has been unqualified
for at least 9 months, but less than 27 months.
     Phase III Requalification--the person has been unqualified
for 27 months or more.
    The specific tasks that the flight crewmember must complete for
requalification are outlined in the appropriate QPS.
Flight Attendants
    Proposed Sec.  121.1309 establishes Requalification requirements
for flight attendants who become unqualified by not meeting Recurrent
training requirements. This rule is necessary because the current
regulations imply that an unqualified person must repeat all required
training. In some cases this is not necessary because a previously
qualified flight attendant retains some of the knowledge and skills
that he or she has learned. Thus, proposed Sec.  121.1309 establishes
that, to be requalified, the person must meet either the basic
qualification requirements (new hire, initial, transition, and
emergency training, and differences training, if necessary), or
requalification requirements based on the amount of time the person has
been unqualified.
    Proposed Sec.  121.1309 outlines three phases of requalification:
     Phase I Requalification--the person has been unqualified
for less than 12 months.
     Phase II Requalification--the person has been unqualified
for at least 12 months, but not more than 24 months.
     Phase III Requalification program--the person has been
unqualified for more than 24 months.
    The specific tasks that the flight attendant is required to
complete for Requalification are outlined in the proposed Flight
Attendant QPS.
Dispatchers
    Proposed Sec.  121.1419 contains aircraft dispatcher
requalification requirements that are similar to crewmember
requalification requirements.
    Proposed Sec.  121.1419 outlines five phases of requalification:
     Phase I Requalification--the person has been unqualified
for less than 6 months.
     Phase II Requalification--the person has been unqualified
for 6 months or more, but less than 12 months.
     Phase III Requalification--the person has been unqualified
for 12 months or more, but less than 24 months.
     Phase IV Requalification--the person has been unqualified
for 24 months or more, but less than 36 months.
     Phase V Requalification--the person has been unqualified
for 36 months or more.
    The specific tasks that the dispatcher must accomplish for
requalification are outlined in the appropriate QPS.
7. Establish Provisions for Initial Cadre
    A start-up part 119 certificate holder or an existing certificate
holder starting-up operations using a new aircraft type is not able to
meet all of the requirements for check pilots, check flight engineers,
and check flight attendants. Those certificate holders lack qualified
personnel to fill these duty positions. The FAA has over 40 years of
experience authorizing check persons as the initial cadre. The existing
practice has served the safety goals of the FAA for the following
reasons: (1) The FAA requires highly qualified and recently experienced
personnel to participate in the initial cadre; (2) the FAA directly
oversees the evaluation and observation of the initial cadre; and (3)
the FAA limits the duration of the initial cadre to a period not to
exceed 24 months. Proposed Sec.  121.1257 codifies a long-standing FAA
policy to allow initial cadre personnel to serve as check pilots or
check flight engineers during the period of initial cadre status.
    Proposed Sec. Sec.  121.1425 and 121.1323 for check dispatchers and
check flight attendants are similar to proposed Sec.  121.1257 for
initial cadre check pilots and check flight engineers. These sections
codify requirements for qualifying an initial cadre of check persons.
Most of the proposed requirements are based on current industry
practice and FAA policy.
8. Continuous Analysis Process
    The proposal adds a continuous analysis process for crewmember and
aircraft dispatcher training programs. These new requirements are
similar to the existing Sec.  121.373, which addresses continuing
analysis and surveillance for maintenance programs. The proposal
requires certificate holders to establish procedures for validating and
maintaining the effectiveness of the continuous analysis process and
the training program. Additionally, it requires certificate holders to
analyze crewmember and aircraft dispatcher evaluations to identify
areas that need to be addressed and training program improvements that
need to be made. The continuous analysis process ensures that
certificate holders identify and correct deficiencies in their training
programs. The proposal also establishes a notification and appeal
process that ensures the FAA approves any changes to the training
program, consistent with the approval and amendment process.

B. Major Changes Affecting Flight Crewmembers

1. Require the Use of FSTD for Job Performance Training and Evaluation
    Current appendix H of part 121 permits certificate holders to use
simulators for varying amounts of the training, testing, and checking
required by the FAA. Appendix H is a voluntary alternative to training
and checking in the airplane. The only required use of an FSTD in the
current regulations is the windshear requirements in Sec.  121.409(d).
    The proposal requires that all creditable pilot and flight engineer
training and evaluation be completed in a qualified FSTD approved by
the POI for those tasks specified in the applicable QPS. Using FSTD,
rather than airplanes, allows for more in-depth training in a safer
environment, including the practice of critical emergency procedures.
FSTD also provide benefits such as reducing noise, air pollution, and
air traffic congestion, and conserving petroleum resources. This
proposal addresses concerns raised by NTSB Recommendations A-94-191
through 194, which stated that part 121 flight training and checking
should be required in FSTD wherever possible.
    The FAA recognizes that in a few cases, certificate holders
initially may not be able to comply with the requirements to use FSTD
for all of their job performance training and evaluation. Accordingly,
the proposed rule includes provisions for requesting a deviation in
Sec.  121.1345(b) through (e). Proposed paragraph (b) describes the
limited circumstances when a certificate holder may receive a deviation
from the requirement in paragraph (a). Proposed paragraph (c) requires
a person requesting a deviation to demonstrate to the FAA why the
circumstances warrant a deviation from the requirement to use a
qualified FSTD. The FAA does not intend that the deviation provide a
loophole for certificate holders who want to continue training and
evaluating in aircraft. Rather, the deviation is designed to
accommodate those certificate holders who use aircraft for which there
are no FSTD available (e.g., DC-6) or, for extraordinary reasons, do
not have access to an FSTD for the aircraft type they operate.
2. Train and Evaluate Flight Crewmembers in a Full Crew Environment.
    The existing recurrent qualification and training requirements for
a PIC and SIC differ in several respects. Current regulations require
different tasks and events for PIC and SIC, and the training is
separate. For example, PIC receive more training tasks and more
frequent proficiency checks than SIC. In addition, PIC train on a 6-
month basis, and SIC train on a 12-month basis. The disparity between
the training requirements for PIC and SIC is not consistent with actual
line operations. During actual operations, pilots must work as a flight
crew unit. Typically, today's flight operations involve PIC and SIC
performing both pilot flying and monitoring duties.
    The proposed rule eliminates the differences in training for PIC
and SIC. The training cycles for PIC and SIC are no longer separate.
Under the proposal, PIC and SIC are required to complete Recurrent
training on a 9-month basis. The requirement is such that each must
complete all of the academic subjects and all of the job performance
tasks listed in the applicable QPS where each subject, task, or
environment may be required once each 9-month period; once each 18-
month period, or once each 36-month period. Proposed Sec.  121.1333 and
the QPS require the same tasks and events for PIC and SIC. Both PIC and
SIC must demonstrate proficiency in the flying and monitoring duties
associated with the prescribed tasks and events. The QPS also requires
the same number of programmed hours for PIC and SIC training. For
example, there are 24 programmed hours for transition flight training.
During that 24 hours of training, both the PIC and the SIC must
demonstrate proficiency in flying and monitoring duties. The proposed
changes facilitate training flight crewmembers in a complete crewmember
environment.
    In addition to leveling the requirements regarding tasks and task
performance between PIC and SIC, this proposal provides additional
advantages. The change in frequency of training exposure provides an
increase in the actual training exposure for both PIC and SIC over an
equal time period. Additionally, while this proposal reduces the
frequency with which PIC return for training, it increases the
frequency with which SIC return for training. The FAA anticipates a
reduction in previous piloting experience for pilots entering the air
carrier industry in the near future; almost all of these new pilots
will start their air carrier service as SIC. This proposal would
provide these new, lesser experienced, pilots with more training at
each training event and provide those training events more frequently
than under today's regulations.
    In addition to integrating the training for PIC and SIC, the
proposal will also integrate the training for flight engineers with the
training for PIC and SIC, when applicable. Proficiency tests,
proficiency checks, proficiency reviews, LOFT, and FSTD Course of
Instruction require all flight crewmember duty positions to be occupied
by a person who is qualified to serve in that crewmember duty position
(including a qualified crewmember, instructor, check pilot, and aircrew
program designee (APD)), or is in student status learning to serve in
that crewmember duty position.
3. Require Special Hazards Training
    In 1996, the NTSB recommended the FAA require training to better
prepare flight crewmembers to respond to sudden or unexpected aircraft
upsets (Recommendation A-96-120). Also, the NTSB recommended the FAA
develop CFIT training requirements for all pilots operating under part
121.
    The QPS includes special hazard academic training subjects such as
CFIT and Ground Proximity Escape maneuvers, upset and loss of control,
and runway incursions. In addition to academic training in special
hazards, the FAA is proposing to include job performance training
during Initial, Conversion, Transition, Upgrade, Requalification, and
Recurrent training. For pilots, this training includes inflight
maneuvers in upset and disturbance recovery, low altitude windshear
avoidance and escape, and ground proximity warning system (GPWS) and
terrain awareness warning system (TAWS) alert recognition and escape
maneuvers.
4. Require Recurrent LOFT
    LOFT is training in an FSTD with a complete flight crew. LOFT uses
representative flight segments containing standard operating
procedures, abnormal procedures, non-normal procedures, and emergency
procedures expected in line operations. LOFT used in Recurrent training
is called ``recurrent LOFT.'' LOFT used to qualify for line operations
is called ``qualification LOFT.''
    Proposed Sec.  121.1353 includes the general requirements for
conducting LOFT. The proposed requirements are more specific than the
current regulations and codify existing advisory material (AC 120-35C,
Line Operational Simulations: Line Oriented Flight Training, Special
Purpose Operational Training, Line Operational Evaluation). A LOFT is
conducted as a line operation and allows for no interruption by the
instructor during the session except for a non-disruptive acceleration
of uneventful en route segments. Interruptions are not allowed in LOFT

sessions because they disrupt the flow and undermine the realistic
nature of line operations.
    The proposal requires 4 hours of training in an FSTD, plus a
briefing and debriefing. In addition, each duty position must be filled
by a person who is qualified or in student status to serve in that
position. This proposed requirement is needed because the training
value of LOFT is diminished when inappropriate crew substitutions are
made, such as using an SIC to substitute for a PIC. The certificate
holder selects the tasks to be performed from the list provided in the
applicable QPS, and the FAA approves the selected tasks. In this way,
the FAA is certain the selected tasks are appropriate for the
certificate holder's operations.
    Under proposed Sec.  121.1353, any person serving in a flight
crewmember position during a LOFT who does not perform satisfactorily
may not serve as a required crewmember or operate under part 121
without receiving additional training to correct the deficiencies. This
is common industry practice and consistent with FAA advisory material.
The certificate holder must schedule a separate training session to
correct the deficiencies. This additional training ensures that the
substandard performance is corrected before the person performs line
operations.
5. Reduce the Frequency of Performance Drills Using Emergency Equipment
and Procedures
    The current rule requires all crewmembers to have recurrent
emergency ``hands on'' performance drill training on the use of
portable emergency equipment (e.g., fire extinguishers, protective
breathing equipment, portable oxygen equipment, flotation equipment)
and aircraft exits every 24 months. This proposal adjusts the frequency
of flight crewmember ``hands on'' training from 24 months to 36 months.
This matches the newly adjusted frequency for flight crewmember
Recurrent training. It also addresses FAA guidance recommending that
flight crewmembers land the aircraft as quickly as possible to minimize
the effect of an on-board fire, and that flight crewmembers remain on
the flight deck, consistent with the post-9/11 security procedures. In
addition, current policy places increased responsibility on the flight
attendant to respond to emergency situations in the aircraft cabin.
While this proposal decreases the frequency of hands on drills for
flight crewmembers, it increases the frequency of hands on drills for
flight attendants. Although the FAA is proposing to reduce the
frequency for flight crewmember emergency ``hands on'' drills, we are
also proposing to add an unannunciated fire (fire in the aircraft
cabin) drill to flight training.

C. Major Changes Affecting Flight Attendants

    The proposed rule and associated Flight Attendant QPS appendix
would revise flight attendant requirements in several areas to address
NTSB recommendations and to enhance flight attendant training and
evaluation.
1. Establish Qualification and Training Requirements for Check Flight
Attendants, Flight Attendant Instructors, and Evaluators
Check Flight Attendants
    The proposed rule includes eligibility, approval, qualification,
and continuing qualification requirements for check flight attendants.
These proposed requirements provide regulatory standards for initially
qualifying a flight attendant to serve as a check flight attendant as
well as continuing qualification for that flight attendant. The
requirements ensure that check flight attendants are familiar with the
certificate holder's operations as well as the aircraft type on which
they will be conducting operating experience, that they are line-
qualified for the certificate holder before evaluating other flight
attendants, and that they are qualified to evaluate flight attendants
who are completing operating experience. The FAA is proposing to add
these requirements to ensure that effective and qualified evaluators
conduct the evaluation of the person completing operating experience.
Flight Attendant Instructors
    The proposed rule requires each flight attendant instructor to
complete basic qualification or Recurrent training requirements, as
appropriate, for the certificate holder. The FAA recognizes that a
flight attendant instructor may not be physically able to perform
certain performance drills due to injury, pregnancy, or disability.
Therefore, the FAA also proposes to allow those individuals to complete
the required training to qualify as a flight attendant instructor, with
the exception of those performance drills the person cannot physically
perform. However, the FAA only allows flight attendant instructors to
teach performance drills that they are able to demonstrate at the time
of instruction. In addition, the flight attendant instructors must have
performed the drills within the past 12 months as part of their basic
qualification or Recurrent flight attendant training. This requirement
provides certificate holders with flight attendant instructor staffing
flexibility, while ensuring that flight attendant training is delivered
by knowledgeable instructors who have completed the FAA approved flight
attendant training program for that certificate holder. The FAA based
the proposed rule on current effective industry practices.

Persons Authorized To Administer Flight Attendant Proficiency Tests

    The FAA is proposing new requirements to ensure that an individual
who evaluates flight attendant proficiency tests is approved by the
Administrator and has appropriate training to administer the test. This
ensures that effective and qualified evaluators administer the
proficiency tests. The FAA based these requirements on current
effective industry practice regarding qualification of instructors and
evaluators in flight attendant training programs.
2. Require Operating Experience by Aircraft Type Specific to the
Certificate Holder
    The proposed rule increases the requirements for flight attendants
to complete operating experience on each aircraft type operated by the
certificate holder prior to becoming qualified on that aircraft type.
The proposed rule requires flight attendants to gain aircraft operating
experience after completion of Initial training for each aircraft type.
This is different from the current rule which only requires a flight
attendant to complete operating experience on one aircraft type (Group
I or Group II, as applicable) in part 121 operations during the flight
attendant's career. The proposal ensures that a flight attendant
qualified on a large number of different aircraft types has more
extensive training on each aircraft type than under the current rules.
The proposed rule also requires that a person receive operating
experience on each aircraft type for each certificate holder for whom
the person is employed. This requirement is necessary because flight
attendant procedures can differ significantly between certificate
holders, even for the same aircraft type.
    The proposed rule also gives certificate holders more flexibility
than the current rule regarding the instructional design of basic
qualification curricula. For example, under the current rule, a person
must complete all Basic Qualification training before beginning
operating experience. However, under the proposed rule, a person must
only complete new hire

and Initial training on the aircraft type prior to beginning aircraft
operating experience on that aircraft type. This approach allows
certificate holders to incorporate the increased operating experience
requirements into their training programs more efficiently.
    The proposed rule also requires flight attendants to complete
aircraft operating experience within 90 days of completing Initial
training on that aircraft type. This is consistent with the concept of
consolidating knowledge and skills learned in Initial training on that
aircraft type.
    The proposed rule also establishes new supervision requirements for
aircraft operating experience and limits the number of persons who may
receive or administer operating experience on any one operating cycle.
For example, a check flight attendant cannot supervise more than four
persons on any one operating cycle, and there can be no more than two
check flight attendants supervising on any one operating cycle. These
requirements help ensure a realistic operating environment where
effective evaluation of the person receiving operating experience can
occur, and are consistent with current effective industry practices and
International Civil Aviation Organization (ICAO) recommendations for
Cabin Attendant's Safety Training.
    The proposed rule also requires that when completing operating
experience, a person perform the assigned duties of a flight attendant
on at least two cycles on each aircraft type. This ensures that a
person completing operating experience is actually gaining experience
during takeoffs and landings, which are the most critical phases of
flight. However, the person could not serve as a required crewmember,
because the person is not a fully qualified flight attendant. The
proposed rule continues the current requirement that a person receive
aircraft operating experience for 5 hours. All operating experience
must be gained during line operations. The proposal does not allow
operating experience credit for training conducted in a full-scale
cabin training device. The FAA considers experience gained in a ``line
operations'' environment to be a significant training event that
combines the demonstration of knowledge and skill. A ground based cabin
training device is not considered an adequate substitute for operating
experience gained during actual line operations with passengers
onboard.
3. Increase the Frequency of Performance Drills Using Emergency
Equipment and Procedures
    The proposed rule requires flight attendants to perform emergency
procedure drills with the appropriate emergency equipment every 12
months, as opposed to the 24-month interval in the current rule. These
drills provide critical practice in the actions that flight attendants
must take in an emergency. As stated in NTSB Report, Flight Attendant
Training and Performance During Emergency Situations (NTSB/SIR-92/02),

    [e]mergency procedures, such as those required to prepare an
airplane for an evacuation or a ditching, extinguish an in-flight
fire, supervise the cabin following a decompression, handle a hijack
situation, or manage passengers during an emergency evacuation, are
rarely, if ever, used. Flight attendants must immediately change
from passenger service oriented roles to their critical safety-
related roles in an emergency. Emergency situations typically
require quick, assertive, and decisive action with little time for
analysis of the situation. For most flight attendants, the only
opportunity to practice skills needed in an emergency is during
Initial and Recurrent training. These skills are perishable, and
continuing and effective training is essential for maintaining them.

    In addition to responding to the NTSB, this proposal codifies
current industry practice, as well as ICAO recommendations for Cabin
Attendant's Safety Training.

D. Major Changes Affecting Aircraft Dispatchers

1. Establish Dispatcher Instructors and Check Dispatchers
    The proposal establishes qualification requirements for dispatcher
instructors and check dispatchers. The new requirements are based on
current FAA policy and industry practice. Codifying these requirements
standardizes requirements for dispatcher instructors and check
dispatchers.
    The proposal adds new requirements that a dispatcher instructor
either hold an aircraft dispatcher certificate, maintain aircraft
dispatcher currency, and meet certain instructor training requirements
or be a subject matter expert. The proposal provides flexibility by
allowing people who do not have an aircraft dispatcher certificate to
be subject matter experts and instruct in specific subjects as approved
by the Administrator (e.g., weather). The proposed requirements ensure
that all dispatcher instructors (subject matter experts and
certificated aircraft dispatchers) are knowledgeable in the subjects
they are teaching. In addition, the proposal ensures that dispatcher
instructors who are certificated aircraft dispatchers are knowledgeable
in the certificate holder's facilities, equipment, and procedures, and
use equipment and facilities specifically approved for the certificate
holder's training program.
    The proposal also codifies check dispatcher qualification
requirements. The proposed term ``check dispatcher'' replaces current
terms ``supervisor or ground instructor'' used in Sec.  121.422(b). The
proposal requires check dispatchers to hold an aircraft dispatcher
certificate, maintain aircraft dispatcher currency, and meet certain
training and experience requirements. For example, a check dispatcher
must have performed the duties of an aircraft dispatcher for at least 8
hours in a 24-hour period in the preceding 60 days, and be current and
qualified as an aircraft dispatcher for a part 121 domestic or flag
operation for at least 3 of the previous 5 years. The FAA believes that
the proposed recency of experience requirement is necessary because
currently dispatchers who administer competency checks are not required
to have recent practical work experience. The FAA believes recent
experience is necessary for check dispatchers to competently evaluate
aircraft dispatchers. This is consistent with proposed subpart BB for
crewmembers.
    The proposed new section also specifies curriculum requirements for
Initial and Recurrent training for check dispatchers. These
requirements are consistent with the proposed requirements in subpart
BB for check pilots and check flight engineers and with current
industry practice.
2. Require Supervised Operating Experience Specific to the Certificate
Holder
    The proposal establishes a new requirement that aircraft
dispatchers receive supervised operating experience for the certificate
holder. This proposal improves safety by ensuring that aircraft
dispatchers are familiar with the certificate holder's operations, and
have an opportunity to practice knowledge and skills during actual
operations. The proposal prescribes minimum hours of supervised
operating experience that the aircraft dispatcher must meet before
serving unsupervised.
    The proposal also imposes specific criteria for persons supervising
operating experience. The supervising dispatcher does not need to be a
check dispatcher. However, the supervising dispatcher must meet the
same experience requirements as a check dispatcher. Requiring the
supervising dispatcher to have the same experience as a check
dispatcher provides adequate

safety for supervised operating experience and staffing flexibility for
certificate holders.
    The proposed rule also clarifies that supervised operating
experience may not begin until the person has completed Initial,
Combined Certification and Initial, or Requalification training and
operating familiarization. This new requirement ensures that supervised
operating experience provides an opportunity to consolidate knowledge
and skills acquired in training.
    The proposal also prohibits an aircraft dispatcher administering
operating experience from supervising more than one person at a time.
This ensures that the supervising aircraft dispatcher has a manageable
workload.
3. Establish Optional Aircraft Dispatcher Combined Certification and
Initial Curriculum
    Currently a person may obtain an aircraft dispatcher certificate
only under the requirements in part 65 subpart C. After obtaining a
certificate from the FAA, the aircraft dispatcher is then trained in
the certificate holder's approved training program to become qualified
to serve as an aircraft dispatcher in the certificate holder's
operations.
    The proposed rule continues to allow certification of aircraft
dispatchers under part 65, but it also integrates part 65 requirements
into part 121 training programs to allow certification through a
certificate holder's approved Combined Certification and Initial
training curriculum (in-house).\3\ Under the proposal, a person could
receive the necessary training, be tested by the certificate holder's
dispatch program designee, and be issued an aircraft dispatcher
certificate. The aircraft dispatcher's certificate would be issued
under part 65, not part 121. Integrating a certification program into a
certificate holder's training program allows a certificate holder to
draw potential dispatchers from its pool of employees and train them
``in-house'' to become aircraft dispatchers.
---------------------------------------------------------------------------

    \3\ ``In-house'' is used in this preamble to mean as part of the
part 121 operator's FAA-approved training program. This option is
described in detail in the Aircraft Dispatcher QPS as the ``combined
certification & initial training curriculum.'' Use of the phrase
``in-house'' does not mean that the training necessarily would only
be conducted by the certificate holder or in the certificate
holder's facility. Some training could still be out sourced to an
FAA-approved training provider.
---------------------------------------------------------------------------

    The requirements for obtaining an in-house dispatcher certificate
are contained in the proposed Aircraft Dispatcher QPS. These proposed
requirements are based on the requirements in Appendix A of part 65 and
provide an equivalent level of training and safety. The proposed
Aircraft Dispatcher QPS also contains training requirements for
aircraft dispatchers who receive certificates through a traditional FAA
approved part 65 program.
    Under the proposal, a certificate holder with a Combined
Certification and Initial curriculum administers practical and
proficiency tests to their dispatcher candidates. This process is
illustrated in Flowchart 1 of the proposed Aircraft Dispatcher QPS. The
dispatcher candidate completes the practical test, undergoes supervised
operating experience, and then completes a proficiency test. A dispatch
program designee for the certificate holder or the FAA must administer
the practical test.
4. Establish Qualification Requirements for Dispatch Program Designees
    This proposed section establishes qualification requirements for a
dispatch program designee. These requirements are consistent with those
proposed for aircrew program designees in subpart BB. Part 65 currently
allows designated aircraft dispatcher examiners to administer practical
tests for certification to graduates from certain approved courses. The
proposal would allow dispatch program designees to administer practical
tests for certification to graduates of the specific certificate
holder's in-house training program. The FAA has used designees for
pilot, maintenance, and aircraft certification for decades and has been
satisfied with designee performance. Therefore, the FAA proposes to
extend the use of designees to aircraft dispatcher certification in
part 121 operations to provide greater flexibility while maintaining
the highest level of safety. Dispatch program designees evaluate
aircraft dispatcher candidates based on the specific operational
requirements of the certificate holder; therefore, the FAA believes it
is in the best interest of safety for dispatch program designees to be
limited to a specific certificate holder.

V. Impact Statements

Privacy Impact Statement for Proposed 14 CFR Part 121 Subparts BB and
CC--Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers

Legal Requirements
    Section 522 of the Consolidated Appropriations Act of 2005
instructs DOT to conduct a privacy impact assessment (PIA) of proposed
rules that will affect the privacy of individuals. The PIA should
identify potential threats relating to the collection, handling, use,
sharing and security of the data, the measures identified to mitigate
these threats, and the rationale for the final decisions made for the
rulemaking as a result of conducting the PIA.
Definitions
    Certificate holder means a person certificated under part 119 of
this chapter that conducts operations under part 121 of this chapter,
or a person certificated under part 119 of this chapter that conducts
operations under part 135 of this chapter and is permitted or required
by Sec.  135.3 of this chapter to conduct training curricula in
compliance with this subpart.
    Individual means a living human being, especially a citizen of the
United States or an alien lawfully admitted for permanent residence.
    Personally Identifiable Information (PII) is any information that
permits the identity of an individual to whom the information applies
to be reasonably inferred by either direct or indirect means, singly or
in combination with other data. Examples of PII include but are not
limited to physical and online contact information, Social Security
number and driver's license number.
    Privacy Impact Assessment is an analysis of how a rulemaking would
impact the way information is handled in order to ensure data handling
conforms to applicable legal, regulatory, and policy requirements
regarding privacy, determine the risks and effects the rulemaking will
have on collecting, maintaining and sharing PII, and examine and
evaluate protections and alternative processes for handling information
to mitigate potential privacy risks.
Requirements for the Submission and Retention of PII as Part of
Compliance With Proposed 14 CFR Part 121 Subparts BB and CC--
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers
    The FAA proposes to amend the training regulations for pilots,
flight engineers, flight attendants and aircraft dispatchers serving in
part 121 operations. There are 34,000 affected pilots in part 121
operations, 1,600 flight engineers, 2,700 aircraft dispatchers, and
106,600 flight attendants. Therefore, the total number of individuals
that would be impacted by the proposed rule is approximately 150,000.
    Under the proposal, certificate holders are required to develop a
record keeping system demonstrating that each

person has completed the required training and evaluation to serve in a
particular duty position for the certificate holder. The proposed rule
does not require a certificate holder to maintain PII. However, the FAA
recognizes that certain PII may be contained in the certificate
holder's records. This information may include the person's name, date
of birth, address, telephone number, duty position, social security
number, medical records, and type ratings. The FAA routinely reviews
training records in the course of exercising its safety oversight
authority and may request a certificate holder to disclose PII for
investigation, compliance, or enforcement purposes.
    In addition to the certificate holders' records, the FAA also
maintains PII for all certificated airmen, including pilots and
aircraft dispatchers. The FAA records for certificated airmen include
the name, date of birth, social security number, driver's license
number, passport number, or government ID number, physical description
(height, weight, hair and eye color, sex, and citizenship), address
(airmen only), medical records, and airmen certificate number. The FAA
also maintains PII for flight attendants who have obtained a
Certificate of Demonstrated Proficiency.
    The FAA protects PII in its possession in accordance with ``Privacy
Act Notice DOT/FAA 847--Aviation Records on Individuals (formerly
General Air Transportation Records on Individuals).'' The Privacy Act
Notice is available at http://cio.ost.dot.gov/DOT/OST/Documents/files/
records.html.
    The FAA did not conduct a PIA for this rulemaking because this
proposed rule does not specifically require the collection of any PII.
However, in August 2004, the FAA released a PIA for airmen
certification records. The PIA addresses the methodology the agency
uses to collect, store, distribute, and protect PII for certificated
airmen and flight attendants. The PIA is available at http://
www.dot.gov/pia/faa_rms.htm.
    For more information or for comments and concerns on our privacy
practices, please contact our Privacy Officer, Carla Mauney at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

Paperwork Reduction Act

    This proposal contains the following new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted the information requirements
associated with this proposal to the Office of Management and Budget
for its review.
    Title: Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers.
    Summary: The FAA proposes to amend the regulations for crewmember
and dispatcher training programs in domestic, flag, and supplemental
operations. The proposed regulations enhance traditional training
programs by requiring the use of flight simulation training devices for
flight crewmembers and including additional training requirements in
areas that are critical to safety. The proposal also reorganizes and
revises the qualification and training requirements. The proposed
changes are intended to contribute significantly to reducing aviation
accidents.
    Use of: This project is in direct support of the Department of
Transportation's Strategic Plan--Strategic Goal--SAFETY; i.e., to
promote the public health and safety by working toward the elimination
of transportation-related deaths and injuries. This request for
clearance reflects requirements necessary under Title 14 CFR parts 65,
119, 121, 135, and 142, to ensure safety-of-flight by making certain
that complete and adequate training, testing, checking, and experience
is obtained and maintained by those who operate under these parts of
the regulation and that the use of flight simulation is utilized to its
maximum practical extent in achieving these goals. The FAA will use the
information it collects and reviews to ensure compliance and adherence
to regulations and, where necessary, to take enforcement action on
violators of the regulations.
    Respondents (including number of): The FAA estimates there are 118
certificate holders who would be required to provide information in
accordance with the proposed rule. The respondents to this proposed
information requirement are certificate holders using the training
requirements in 14 CFR part 121.
    Frequency: The FAA estimates certificate holders will have a one
time information collection, then will collect or report information
occasionally thereafter.
    Burden Estimate: This proposal would result in a 10-year
recordkeeping and reporting burden as follows:
    Summary of time and costs (10-year) addressed in question 12:

------------------------------------------------------------------------
                 Section                       Cost            Hours
------------------------------------------------------------------------
121.133/121.135:
Flight Crew Operating Manual............      $1,272,212        42,480.0
Flight Attendant and Aircraft Dispatcher         424,071        14,160.0
 Operating Manuals......................
121.1413................................          13,295           320.0
121.1421................................              83             2.0
121.1433
    (a)(i)..............................          13,273           355.0
    (b)(i)..............................         159,281         4,260.0
    (b)(ii).............................         159,281         4,260.0
    (b)(iii)............................         106,188         2,840.0
    (b)(iv).............................          42,475         1,136.0
121.1457................................          16,618           400.0
121.1459................................          16,618           400.0
121.1307................................         105,618         2,840.0
121.1331
    (a)(i)..............................         208,253          2124.0
    (a)(ii).............................       1,041,266         10620.0
    (b)(i)..............................           5,263           142.0
    (b)(ii).............................          39,469          1065.0
    (c)(i)(A)...........................         122,081          3195.0
    (c)(i)(B)...........................          16,277           426.0
    (c)(i)(C)...........................           8,139           213.0
    (c)(ii)(A)..........................         651,098        17,040.0
    (c)(ii)(B)..........................         542,582        14,200.0
    (c)(ii)(C)..........................         108,516         2,840.0

    (d).................................             601            35.5
121.1355
    Pilots and Flight Engineers.........         273,133          3068.0
    Flight Attendants...................          79,980         1,846.0
    Dispatchers.........................          76,693         1,846.0
                                         -------------------------------
        Total...........................       5,502,366       132,113.5
------------------------------------------------------------------------

    The agency is soliciting comments to:
    (1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to
be collected; and
    (4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology.
    Individuals and organizations may submit comments on the
information collection requirement by May 12, 2009, and should direct
them to the address listed in the ADDRESSES section of this document.
Comments also should be submitted to the Office of Information and
Regulatory Affairs, OMB, New Executive Building, Room 10202, 725 17th
Street, NW., Washington, DC 20053, Attention: Desk Officer for FAA.
    According to the 1995 amendments to the Paperwork Reduction Act (5
CFR 1320.8(b)(2)(vi)), an agency may not collect or sponsor the
collection of information, nor may it impose an information collection
requirement unless it displays a currently valid OMB control number.
The OMB control number for this information collection will be
published in the Federal Register, after the Office of Management and
Budget approves it.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (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 proposed regulations.

Economic Assessment, Initial Regulatory Flexibility Determination,
Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its 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. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. 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 likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule. We suggest readers seeking
greater detail read the full regulatory evaluation, a copy of which we
have placed in the docket for this rulemaking.
    In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs, (2) is a ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866, requiring review by the Office of Management and Budget, (3) is
``significant'' as defined in DOT's Regulatory Policies and Procedures;
(4) would have a significant economic impact on a substantial number of
small entities; (5) would not create unnecessary obstacles to the
foreign commerce of the United States; and (6) would not impose an
unfunded mandate on State, local, or tribal governments, or on the
private sector by exceeding the threshold identified above. These
analyses are summarized below.
    The purpose of this rulemaking is to establish new requirements for
air carrier training programs to enhance safety-critical training.
These changes are expected to significantly reduce aviation accidents.
The secondary purpose of this rulemaking project is to reorganize,
simplify, and modernize all rule language associated with crewmember
and aircraft dispatcher qualification and training under part 121. This
proposal revises and recodifies the crewmember qualification and
training requirements in subparts N and O into a new subpart BB of part
121, and revises and recodifies the aircraft dispatcher qualification
and training requirements in subparts N and P into subpart CC of part
121. The rulemaking is necessary because the existing regulations have
not been revised since 1970. They do not reflect current best practices
or technological advances that have emerged over the last 30 years.
    Over a 10-year period, the total cost of the proposed rule would be
approximately $372.7 million ($229.7 million, discounted). The total
cost is composed of the costs of subparts BB and CC. The total the cost
of subpart BB (crewmember training) would be approximately $368.1
million ($226.3 million, discounted), and the cost of subpart CC
(aircraft dispatcher training) would be approximately $4.6 million
($3.4 million, discounted).
    Based on FAA analysis, the FAA believes the proposed training
improvements, both in content and application, are expected to produce
safety benefits (i.e., accidents avoided) of $1.11 billion and $2.46
billion over the first 10 years. Presently, part 121 carriers may train
crewmembers under existing subparts N and O to part 121 or under the
Advanced Qualification Program (AQP), which is in subpart Y to part
121. We believe that current AQP training programs already meet the
safety improvements contained in this NPRM. Because the proposed rule
would principally affect part 121 and

part 121/135 operators not conducting training under an Advanced
Qualification Program (AQP) and because only 42.8 percent of the part
121 and part 121/135 pilots are not trained under AQP, we only claim
42.8 percent of these potential safety benefits. After this adjustment,
the safety benefits would be between $476 million and $1.05 billion
over the 10-year period. Several requirements of this proposed rule are
phased-in over several years. Taking into account the phasing in of the
proposed rule requirements, we believe the potential benefits of this
rulemaking to be between $333 million and $737 million over the 10-year
period, with an expected benefit value of $535 million. The proposed
rule would also generate qualitative benefits for dispatchers, flight
attendants, and flight engineers.

Initial Regulatory Flexibility Analysis

A. Initial Regulatory Flexibility Analysis for Subpart BB

A.1. Initial Regulatory Flexibility Determination for Subpart BB
    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The Small Business Administration size standard for ``small'' air
carrier is 1,500 or fewer employees, as defined in 13 CFR 121.201,
NAICS Code 48111. For subpart BB, the FAA identified a total of 73 out
of 102 air carriers affected by this rule that meet this definition.
    For each of these entities, the FAA attempted to retrieve annual
revenue data from Back Aviation Solutions. The FAA found revenue data
for 17 of the 73 small entities that would be impacted by the rule. The
FAA then compared this revenue data with the annualized compliance
costs (see Appendix H, Table H.1, in the full regulatory evaluation
available in the docket). Of the 17 entities, the FAA expects that the
projected annualized cost per entity of the rule would be $104,000. The
FAA also expects that the projected annualized costs of the rule would
be 1% or higher than the annual revenue for five of them (29%), which
we believe is a significant economic impact. For the remaining 56 small
entities, we believe that the annualized cost of the rule would also be
significant for 29%, or sixteen or more of them. Accordingly, the FAA
concludes that Subpart BB of the proposed rule would have a significant
economic impact on a substantial number of small entities.
A.2. Initial Regulatory Flexibility Analysis for Subpart BB
    Under section 603(b) of the RFA (as amended), each initial
regulatory flexibility analysis is required to address the following
points: (1) Reasons why the agency considered the rule, (2) the
objectives and legal basis for the rule, (3) the type and number of
small entities to which the rule will apply, (4) the reporting,
recordkeeping, and other compliance requirements of the rule, and (5)
all Federal rules that may duplicate, overlap, or conflict with the
rule. In addition, 5 U.S.C. 603(c) requires that the analysis also
describe any significant alternatives to the proposed rule which
accomplish the stated objectives of applicable statutes and which
minimize any significant impact of the proposed rule on small entities.
Reasons Why the FAA Considered the Rule
    The FAA reviewed its crewmember and dispatcher training regulations
in 14 CFR part 121 to identify improvements in training program content
and application that would reduce human error among crewmembers and
dispatchers, particularly in situations with special hazards. Based on
this review, the FAA proposed improvements to the current rule, as
discussed in the Background section of this Regulatory Evaluation
(Section II.).
The Objectives and Legal Basis for the Rule
    The objective of the rule is to enhance crewmember and aircraft
dispatcher training programs by including additional training
requirements in areas that are critical to safety. The proposed changes
are intended to contribute significantly to reducing aviation accidents
and improving crewmember and dispatcher performance.
    The legal basis for the rule is 49 U.S.C. 44701 et seq., which
provides that for regulations related to airmen certification, the FAA
must consider the duty of an air carrier to provide service with the
highest possible degree of safety in the public interest. The FAA must
also consider, as a matter of policy, reducing or eliminating the
possibility of recurrence of accidents in air transportation (49 U.S.C.
44701(c)).
The Type and Number of Small Entities to Which the Rule Will Apply
    Of the 102 air carriers affected by the rule, there are 73 air
carriers that meet the SBA size standard of small business. Of these 73
air carriers, we retrieved net income and balance sheet data on 20 of
these identified air carriers. A brief financial profile of these small
entities is provided in Tables H.2 (net income) and H.3 (current
assets, current liabilities, and financial solvency ratios) in the full
regulatory evaluation available in the docket.
Federal Rules That May Duplicate, Overlap, or Conflict With the Rule
    The FAA is unaware of any Federal rules that duplicate, overlap, or
conflict with the rule.
Other Considerations:
Affordability Analysis
    For the purpose of this analysis, the degree to which small
entities can ``afford'' the cost of compliance is predicated on the
availability of financial resources. Initial implementation costs can
be paid from existing company assets, from borrowing, or from obtaining
additional equity capital. Continuing annual costs of compliance may be
accommodated by accepting reduced profits, raising ticket prices, or
finding other ways to offset costs.
    Other means of assessing the affordability is the ability of each
of the small entities to meet its short-term obligations, as shown in
Tables H.2 (net income) and H.3 (working capital and financial solvency
ratios) of the full

regulatory evaluation available in the docket. A company's short-term
financial strength is substantially influenced by its working capital
and its ability to pay short-term liabilities. Net working capital is
the excess of current assets over current liabilities. It represents
the margin of short-term debt-paying ability over existing short-term
debt. In addition to the amount of net working capital, two other
analytical indexes of current position are often computed: (1) Current
ratio; and (2) quick ratio. The current ratio (i.e., current assets
divided by current liabilities) helps put the amount of net working
capital into perspective by showing the relationship between current
assets and short-term debt. The quick ratio (sometimes called the acid
test ratio) focuses on immediate liquidity (e.g., cash, marketable
securities, accounts receivable) divided by current liabilities. A
decline in net working capital, the current ratio, and the quick ratio
over a period of time (such as 3 or 4 years) may indicate that a
company is losing financial solvency. Negative net working capital is
an indication of financial difficulty. If a company is experiencing
financial difficulty, it is less likely to be able to afford additional
costs.
    To assess the affordability of affected entities, we can also
consider the amount of the annualized costs of the rule relative to net
income. The lower the relative importance of the costs, the greater the
likelihood that implementing offsetting cost-saving efficiencies or
raising fares to cover increased costs will not substantially decrease
the number of passengers.
    The financial information shown in Tables H.2 and H.3 of the full
regulatory evaluation, available in the docket, suggest the following:
     Five of these entities appear to be generally profitable
and solvent, as shown in Table H.2 and H.3, respectively, for most or
all of the 5-year period examined. Therefore, they probably will have
financial resources available to meet the requirements of this rule.
     For 10 entities, the FAA is unable to determine the
ability to financially comply with the rule because of contradictory
results (e.g., the companies were profitable, yet their net working
capital has been negative, and their current and quick ratios have been
below 1.00).
     The FAA has identified five small entities that may have
trouble financing the expected compliance cost of this rule. Those
entities had net losses as well as negative net working capital,
current ratios, and quick ratios below 1.00 for most of the years
examined. This amounts to 25% of the entities for which we found data.
     Additionally, there is little or no data in 53 cases to
make any financial assessment. However, based on the information on the
companies that we do have information on, we believe that 25%, or
thirteen or more of these entities, also may have trouble financing the
expected costs of the rule.
Competitiveness Analysis
    Due to the financial problems that certain aircraft operators are
experiencing, there may be an impact on the relative competitive
position of these carriers in the markets they serve.
Business Closure Analysis
    The FAA is unable to determine with certainty the extent to which
those small entities that would be significantly impacted by this
proposed rule would have to close their operations. However, the
profitability information shown in Table H.2 in the full regulatory
evaluation, available in the docket, and the affordability analysis can
be indicators of the likelihood of a business closure.
    A number of these small entities are already in serious financial
difficulty. To what extent the proposed rule makes the difference in
whether these entities remain in business is difficult to determine.
However, the FAA believes that the likelihood of business closure is
high for three of the 20 (15%) entities for which financial data was
available. (See Table H.2 in the full regulatory evaluation, available
in the docket). Therefore, we believe that for the remaining 53 small
entities, 15% or more may have similar difficulties.
Alternatives
    The FAA considered alternatives to the rule for the small air
carriers. A discussion of these alternatives follows.
    Alternative 1--12-month recurrent training cycle for small
entities.
    Currently, PICs train every 6 months and SICs train every 12
months. The FAA could extend the recurrent training cycle for PICs
working for small entities to 12 months to coincide with current SIC
recurrent training cycles, instead of proposing to require PICs and
SICs to attend recurrent training on a 9-month training cycle. This
would result in cost savings for small entities. Again, in the proposal
the FAA has required improvements that would reduce human error among
crewmembers and aircraft dispatchers, particularly in situations with
special hazards. Reducing the training cycle for PICs to a 12-month
cycle is contrary to the purpose of this rulemaking.
    Conclusion. In the proposal, the FAA has required improvements that
would reduce human error among crewmembers and aircraft dispatchers,
particularly in situations with special hazards. Because these problems
are equally incurred by all part 121 air carriers, regardless of size,
it would be contrary to our policy for one high level of safety in all
part 121 operations to exclude certain operators simply because they
are small entities. Thus, the FAA does not consider this to be a
significant alternative in accordance with 5 U.S.C. 603(d).
    Alternative 2--Extending the final compliance date to 7 years for
small entities.
    Extending the final compliance date from 5 years to 7 years for
small entities reduces the costs to the industry by approximately 40
percent. Under this alternative, the FAA expects that the projected
annualized cost of the rule would still be significant for 2 of the 20
operators studied, or 10 percent of the small entities. Since there are
73 known small operators impacted by this rule, this alternative not
only does not eliminate the problem for a substantial number of small
entities, but also it would be contrary to our policy for one level of
safety.
    Conclusion: In the proposal, the FAA has required improvements that
would reduce human error among crewmembers and aircraft dispatchers,
particularly in situations with special hazards. Because these problems
are equally incurred by all part 121 air carriers, regardless of size,
it would be contrary to our policy for one high level of safety in all
part 121 operations to exclude certain operators simply because they
are small entities. Thus, the FAA does not consider this to be a
significant alternative in accordance with 5 U.S.C. 603(d).
    Based on this analysis, the FAA expects that subpart BB may have a
significant impact on small entities. Please provide comment on any or
all provisions in the rule with regard to the impact of the provisions
on small entities, including any benefits and costs, as well as any
alternatives that would meet the FAA's safety objectives but also
result in reducing the costs and burdens for these small entities. All
comments must be accompanied with clear and detailed supporting data.

B. Initial Regulatory Flexibility Determination for Subpart CC

    In accordance with the Regulatory Flexibility Act of 1980 (RFA) the
FAA reviewed subpart CC to determine

whether there would be a significant economic impact on a substantial
number of small entities. Over a 10-year period, enactment of subpart
CC would impose costs of $25,500 ($18,400, discounted) per small entity
or applicant (see Appendix I in the full regulatory evaluation,
available in the docket, for further details). The Small Business
Administration size standard for ``small'' air carrier is 1,500 or
fewer employees, as defined in 13 CFR 121.201, NAICS Code 48111 (2008).
A review of the air carriers listed by the FAA concluded that 73 of the
firms met this criterion, which employ on average 13 dispatchers. These
dispatchers would incur a one-time cost for the initial and transition
dispatchers' training and an annual cost for the recurrent training.
Because the initial and transition training costs are different from
the recurrent training cost, costs would vary on a per year basis, but
the annualized cost per small entity would only be $2,600 ($18,400 x
0.14238), which is less than 1% of the annual revenue of small
entities. As a result, subpart CC would not have a significant economic
impact on a substantial number of small entities. The FAA, however,
invites industry comments and requests that all comments be accompanied
with clear and detailed supporting data.

VII. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this proposed rule and has determined that it would
have only a domestic impact and therefore no effect on any trade-
sensitive activity.

VIII. Unfunded Mandates Assessment

    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
(adjusted annually for inflation with the base year 1995) 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 $136.1 million in lieu of $100 million.
    This proposed rule does not contain such a mandate.

Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined this
action would not have a substantial direct effect 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, and therefore would not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Additional Information

Comments Invited
    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
    We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Proprietary or Confidential Business Information
    Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
    Under 14 CFR 11.35(b), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and we place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://
www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations_policies/; or
    3. Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
    You can also get a copy 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>. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
    You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the Internet through the Federal

eRulemaking Portal referenced in paragraph (1).

List of Subjects

14 CFR Part 65

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Reporting and recordkeeping requirements.

14 CFR Part 121

    Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Safety, Transportation.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.

14 CFR Part 142

    Administrative practice and procedure, Airmen, Educational
facilities, Reporting and recordkeeping requirements, Schools,
Teachers.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend Chapter 1 of Title 14, Code of Federal
Regulations (CFR) parts 65, 119, 121, 135, and 142, as follows:

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

    1. The authority citation for part 65 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.

    2. Amend Sec.  65.57 by revising the introductory text and adding
paragraph (c) to read as follows:

Sec.  65.57  Experience or training requirements.

    An applicant for an aircraft dispatcher certificate must present
documentary evidence satisfactory to the Administrator that he or she
has the experience prescribed in paragraph (a) of this section or has
accomplished the training described in paragraph (b) of this section or
has completed a dispatcher training program in accordance with
paragraph (c) of this section as follows:
* * * * *
    (c) Successfully completed an aircraft dispatcher training program
approved in accordance with subpart CC of part 121 of this chapter.
    3. Amend Sec.  65.70 by revising the introductory text of paragraph
(a) to read as follows:

Sec.  65.70  Aircraft dispatcher certification courses: Records.

    (a) The operator of a part 65 appendix A aircraft dispatcher course
must maintain a record for each student, including a chronological log
of all instructors, subjects covered, and course examination and
results. The record must be retained for at least 3 years after
graduation. The course operator must also prepare for its records, and
transmit to the Administrator not later than January 31 of each year, a
report containing the following information for the previous year:
* * * * *

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    4. The authority citation for part 119 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
    5. Amend Sec.  119.65 by adding new paragraph (a)(6) to read as
follows:

Sec.  119.65  Management personnel required for operations conducted
under part 121 of this chapter.

    (a) * * *
    (6) At least one line qualified check pilot, and, if appropriate,
at least one check flight engineer, for each aircraft make and model
and aircraft type for which the certificate holder has more than five
pilots. A check pilot or check flight engineer may hold the additional
position of Director of Safety, Director of Operations, or Chief Pilot,
if the check pilot or check flight engineer meets the requirements of
the additional position.
* * * * *
    6. Amend Sec.  119.67 by adding paragraph (f) to read as follows:

Sec.  119.67  Management personnel: Qualifications for operations
conducted under part 121 of this chapter.

* * * * *
    (f) To serve as a Check Pilot or Check Flight Engineer for an
aircraft type under Sec.  119.65(a) a person must be qualified in
accordance with Sec. Sec.  121.1251, 121.1253, and 121.1255 of this
chapter.
    7. Amend Sec.  119.69 by adding paragraph (a)(4) to read as
follows:

Sec.  119.69  Management personnel required for operations conducted
under part 135 of this chapter.

    (a) * * *
    (4) A line qualified check pilot or check flight engineer for each
aircraft make and model and aircraft type for which the certificate
holder has more than five pilots and is required to have, or elects to
have, an approved training program under part 121 of this chapter. A
check pilot or check flight engineer can hold the additional position
of Director of Safety, Director of Operations, or Chief Pilot, if the
check pilot or check flight engineer meets the requirements of the
additional position.
* * * * *
    8. Amend Sec.  119.71 by redesignating paragraphs (e) and (f) as
paragraphs (f) and (g) and adding a new paragraph (e) to read as
follows:

Sec.  119.71  Management personnel: Qualifications for operations
conducted under part 135 of this chapter.

* * * * *
    (e) To serve as a Check Pilot for an aircraft make and model and
aircraft type under Sec.  119.69 a person must be qualified in
accordance with Sec.  121.1251 of this chapter.
* * * * *

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

    9. The authority citation for part 121 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.

    10. Revise Sec.  121.1(c) to read as follows:

Sec.  121.1  Applicability.

* * * * *
    (c) Each person who applies for initial or provisional approval of
an Advanced Qualification Program curriculum, curriculum segment, or
portion of a curriculum under subpart Y of this part and each person
employed or used by a person authorized to conduct operations under
this part to perform training, qualification, or evaluation functions
in accordance with an Advanced Qualification Program under subpart Y of
this part.
* * * * *
    11. Add new Sec.  121.9 to read as follows:

Sec.  121.9  Fraud, falsification, or incorrect statements.

    (a) No person may make, or cause to be made, any of the following:
    (1) A fraudulent or intentionally false statement in any
application or any amendment thereto, or in any other record or test
result required by this part or by any QPS associated with this part.

    (2) A fraudulent or intentionally false statement in, or a known
omission from, any record or report that is kept, made, or used to show
compliance with this part or with any QPS associated with this part, or
to exercise any privileges under this chapter.
    (b) The commission by any person of any act prohibited under
paragraph (a) of this section is a basis for any one or any combination
of the following:
    (1) A civil penalty.
    (2) Suspension or revocation of any certificate held by that person
that was issued under this chapter.
    (3) The denial of an application for approval of a training program
established under this part.
    (4) The removal of approval for a training program established
under this part.
    (c) The following may result in denial of an application or removal
of approval for a training program established under this part:
    (1) An incorrect statement, upon which the FAA relied or could have
relied, made in support of an application for approval of a training
program.
    (2) An incorrect entry, on which the FAA relied or could have
relied, made in any training records or test results required to be
kept, made, or used to show compliance with any requirement of this
part or with any QPS associated with this subpart.
    12. Revise Sec.  121.133 to read as follows:

Sec.  121.133  Preparation.

    (a) Each certificate holder must prepare and keep current a manual
for the use and guidance of flight and ground operations, and
management personnel in conducting its operations.
    (b) The certificate holder may prepare the manual, in whole or in
part, in printed form or other form acceptable to the Administrator.
The manual must include the instructions and information necessary to
allow crewmembers or aircraft dispatchers to perform their required
safety related duties and responsibilities with the highest possible
degree of safety. The manual, and any changes, must be approved by the
Administrator and contain the following:
    (1) A Flight Attendant Operating Manual (FAOM) for all of the
aircraft types operated by the certificate holder in operations under
this part.
    (2) A Flight Crewmember Operating Manual (FCOM) for each aircraft
type operated by the certificate holder in operations under this part.
    (3) An Aircraft Dispatcher Procedures Manual (ADPM) for all types
of operations and aircraft types, if required.
    13. Amend Sec.  121.135 by revising paragraph (b)(16),
redesignating paragraph (b)(26) as (b)(28), and adding new paragraphs
(b)(26) and (b)(27) to read as follows:

Sec.  121.135  Manual contents.

* * * * *
    (b) * * *
    (16) Each training program curriculum required by Sec.  121.1333.
* * * * *
    (26) Each task specified in each of the crewmember and aircraft
dispatcher Qualification Performance Standards (QPS) must be tailored
to the specific aircraft type as provided in the FAOM, FCOM, or ADPM
and must be trained or evaluated as indicated in the appropriate QPS.
    (27) Each FCOM must also include the contents described in Sec.
23.1581(a)(1) or Sec.  25.1581(a)(1), as appropriate for the specific
aircraft type.
* * * * *
    14. Revise Sec.  121.141 to read as follows:

Sec.  121.141  Airplane Flight Manual.

    Each certificate holder must keep a current approved Airplane
Flight Manual for each type of airplane that it operates except for
nontransport category aircraft certificated before January 1, 1965.
    15. Add new Sec.  121.392 to read as follows:

Sec.  121.392  Personnel identified as flight attendants.

    (a) Any person identified by the certificate holder as a flight
attendant on an aircraft in operations under this part must be trained
and qualified in accordance with subpart BB of this part. This
includes:
    (1) Flight attendants provided by the certificate holder in excess
of the number required by Sec.  121.391(a) and (b);
    (2) Flight attendants provided by the certificate holder on an
aircraft having a passenger seating capacity of 9 or less; and
    (3) Flight attendants provided by the certificate holder on an
aircraft with a payload capacity of 7,500 pounds or less and a
passenger seating capacity of 19 or less.
    (b) Any person serving as a crewmember on an aircraft in operations
under this part, who has not completed the requirements of Sec.
121.1301(a)(1) and (a)(2) for the certificate holder, may not be
identified to passengers as a flight attendant.

Sec.  121.393  [Amended]

    16. Amend Sec.  121.393(a) by removing the reference to ``Sec.
121.417'' and adding in its place ``Sec.  121.1373 or 121.417, as
applicable''.
    17. Amend Sec.  121.400 by adding paragraph (d) and a note to
paragraph (d), to read as follows:

Sec.  121.400  Applicability and terms used.

* * * * *
    (d) Except for Sec.  121.429, the provisions of this subpart, and
Appendices E, F, and H of this part, expire on [date 5 years and 120
days after publication of the final rule]. After [date 5 years and 120
days after publication of the final rule], all training programs must
be established and maintained in accordance with the provisions in
subparts BB and CC of this part, or in accordance with the certificate
holder's approved Advanced Qualification Program under subpart Y of
this part.

    Note to paragraph (d): See Sec. Sec.  121.1202 and 121.1402 for
provisions outlining the process for transitioning from training
programs established in accordance with subparts N, O, and P of this
part, to the training program requirements provided in subparts BB
and CC of this part.

    18. Amend Sec.  121.431 by adding paragraph (c), and a note to
paragraph (c), to read as follows:

Sec.  121.431  Applicability.

* * * * *
    (c) Except for Sec. Sec.  121.455, 121.457, 121.458, and 121.459,
the provisions of this subpart, and Appendices E, F, and H of this
part, expire on [date 5 years and 120 days after publication of the
final rule]. After [date 5 years and 120 days after publication of the
final rule], all training programs must be established and maintained
in accordance with the provisions in subparts BB and CC of this part,
or in accordance with the certificate holder's approved Advanced
Qualification Program under subpart Y of this part.

    Note to paragraph (c): See Sec. Sec.  121.1202 and 121.1402 for
provisions outlining the process for transitioning from training
programs established in accordance with subparts N, O, and P of this
part, to the training program requirements provided in subparts BB
and CC of this part.

Sec.  121.461  [Amended]

    19. Amend Sec.  121.461 by removing the words ``Qualifications
and'' from paragraph (a).

Sec.  121.463  [Removed]

    20. Remove Sec.  121.463.

Sec.  121.465  [Amended]

    21. Amend Sec.  121.465 by removing paragraph (c).
    22. Add Sec.  121.540 to read as follows:

Sec.  121.540  Manual procedures requirements.

    Each crewmember must perform and each certificate holder must
ensure that each crewmember performs the respective job function in
accordance with the information, instructions, duties, and
responsibilities contained in the manual required by Sec.  121.133. The
information, instructions, duties, and responsibilities must include