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Statement of Need: The FAA recognizes that the effects of pilot fatigue are universal, and the profiles of different types of operations are similar enough that the same fatigue mitigations should be applied across all types of operations. In June 2009, the FAA established the Flight and Duty Time Limitations and Rest Requirements Aviation Rulemaking Committee (ARC) whose membership includes labor, industry, and FAA representatives. The ARC will review current approaches to mitigating fatigue and make recommendations to the Associate Administrator for Aviation Safety in September 2009 on how to address this issue in FAA regulations. The ARC will consider: -- An approach to fatigue that consolidates and replaces existing regulatory requirements; -- Current fatigue science, data, and information; -- How current international standards address fatigue; and -- The use of Fatigue Risk Management Systems. Based on ARC recommendations, the FAA will propose new regulations using scientific research data, developing methods for data collection and analysis, reviewing fatigue-related accident data, and using relevant NTSB recommendations.

Summary of the Legal Basis: 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.

Alternatives: The FAA is currently reviewing alternatives to rulemaking.

Anticipated Costs and Benefits: The proposed rule is designated as "significant regulatory action" as designated in section 3(f) of Executive Order 12866. In addition, the proposed rule would have a significant economic impact on a substantial number of small entities. Quantifiable costs and benefits to be determined.

Risks: The FAA will review specific risks associated with this rulemaking.