Sec. 312. Flight attendant duty period limitations and rest requirements

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Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall modify the final rule of the Federal Aviation Administration published in the Federal Register on August 19, 1994 (59 Fed. Reg. 42974; relating to flight attendant duty period limitations and rest requirements) in accordance with the requirements of this subsection. The final rule, as modified under paragraph (1), shall ensure that— a flight attendant scheduled to a duty period of 14 hours or less is given a scheduled rest period of at least 10 consecutive hours; and the rest period is not reduced under any circumstances.

Not later than 90 days after the date of enactment of this Act, each air carrier operating under part 121 of title 14, Code of Federal Regulations (in this section referred to as a part 121 air carrier ), shall submit to the Administrator of the Federal Aviation Administration for review and acceptance a fatigue risk management plan for the carrier’s flight attendants. A fatigue risk management plan submitted by a part 121 air carrier under paragraph

(1)shall include the following: Current flight time and duty period limitations. A rest scheme consistent with such limitations that enables the management of flight attendant fatigue, including annual training to increase awareness of— fatigue; the effects of fatigue on flight attendants; and fatigue countermeasures. Development and use of a methodology that continually assesses the effectiveness of implementation of the plan, including the ability of the plan— to improve alertness; and to mitigate performance errors. Not later than 1 year after the date of enactment of this Act, the Administrator shall review and accept or reject each fatigue risk management plan submitted under this subsection. If the Administrator rejects a plan, the Administrator shall provide suggested modifications for resubmission of the plan. A part 121 air carrier shall update its fatigue risk management plan under paragraph

(1)every 2 years and submit the update to the Administrator for review and acceptance. Not later than 1 year after the date of submission of a plan update under subparagraph (A), the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update. A part 121 air carrier shall comply with the fatigue risk management plan of the air carrier that is accepted by the Administrator under this subsection. A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.

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59 FR 42974

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Sec. 312

Flight attendant duty period limitations and rest requirements

Fed. Reg.59 FR 42974

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