Proposed Rule2026-10293
Prohibition of Remote Dispatching
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 22, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
FAA proposes to amend its regulations for domestic, flag, and supplemental operators to prohibit dispatch and flight following activities outside of locations designated as dispatch or flight following centers except in emergencies that render a dispatch or flight following center inoperable. FAA also proposes to reorganize certain sections of the regulations for clarity. The rule is required by section 420 of the FAA Reauthorization Act of 2024.
Full Text
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<title>Federal Register, Volume 91 Issue 99 (Friday, May 22, 2026)</title>
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[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Proposed Rules]
[Pages 30264-30269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10293]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. FAA-2026-5413; Notice No. 26-04]
RIN 2120-AM10
Prohibition of Remote Dispatching
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FAA proposes to amend its regulations for domestic, flag, and
supplemental operators to prohibit dispatch and flight following
activities outside of locations designated as dispatch or flight
following centers except in emergencies that render a dispatch or
flight following center inoperable. FAA also proposes to reorganize
certain sections of the regulations for clarity. The rule is required
by section 420 of the FAA Reauthorization Act of 2024.
DATES: Send comments on or before July 21, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-5413
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for sending your comments
electronically.
<bullet> Mail: Send comments to Docket Operations, U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, West Building 5\th\
Floor (W58-213), Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building 5\th\ Floor at 1200 New
Jersey Avenue SE, Washington, DC, 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building 5\th\ Floor at 1200 New Jersey Avenue SE, Washington,
DC, 20590 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Scott Stacy, Air Transportation
Division, 107 Charles West Grant Parkway, Hapeville, GA 30354;
telephone (202) 267-8166; email <a href="/cdn-cgi/l/email-protection#0e37234f485d233c3e3e234d617c7c7c6b7d7e61606a6b606d6b4e686f6f20696178"><span class="__cf_email__" data-cfemail="e8d1c5a9aebbc5dad8d8c5ab879a9a9a8d9b9887868c8d868b8da88e8989c68f879e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
FAA proposes to revise several regulations related to dispatch
centers to comply with the FAA Reauthorization Act of 2024 (Pub. L.
118-63) (``the Act''), section 420, Prohibition of Remote Dispatching,
and to conform dispatch center regulations with statutory amendments.
Section 420 amended title 49 of the United States Code (49 U.S.C.) in
two sections. First, it added a new paragraph (10) to section 44711(a)
prohibiting an aircraft dispatcher from working outside of a physical
location designated as a dispatching center or flight following center
of an air carrier except as provided in section 44747.\1\ Second,
section 420 added a new section 44748 to 49 U.S.C. This section, titled
Aircraft dispatching, codifies: (1) requirements relating to aircraft
dispatching certificates; (2) staffing, equipment, and security
requirements of dispatch centers and flight following centers; and (3)
a prohibition against dispatching aircraft from any location other than
the dispatch center or flight following center of the air carrier with
the exception of an event that renders a dispatch center or flight
following center inoperable, in which case an air carrier may dispatch
aircraft from another location for a period of time not to exceed 14
consecutive days per location without approval of the Administrator.
Section 420(a)(2) of the Act instructs the Administrator to issue
regulations requiring persons to comply with 49 U.S.C. 44711(a)(10).
This proposed rulemaking would amend title 14 of the Code of Federal
Regulations (14 CFR) in accordance with the instructions of the Act,
and, in doing so, would also apply this prohibition to air carriers
under 14 CFR part 121, taking into account the exception to this
prohibition codified at 49 U.S.C. 44748(d).\2\
II. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in title
49 of the United States Code. Subtitle I, section 106 describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of FAA's authority. Section 106(f)
establishes the authority of the Administrator to promulgate and revise
regulations and rules related to aviation safety. This rulemaking is
also issued under the authority described in subtitle VII, part A,
subpart I, section 40103(b)(1) and (2), as well as subpart III, section
44701(a)(5). Under sections 40103(b)(1) and (2), FAA is charged with
prescribing regulations for the use of navigable airspace to ensure the
safety of aircraft and the efficient use of airspace. In addition,
section 44701(a)(5) charges FAA with promoting safe flight of civil
aircraft by prescribing regulations FAA finds necessary for safety in
air commerce and national security. This regulation is within the scope
of that authority.
In addition, this rulemaking implements the Congressional mandate
set forth in section 420 of the Act, which states that an air carrier
may not dispatch from any location other than the dispatch center or
flight following center. Section 420 amends 49 U.S.C. 44711(a) to
prohibit work as an aircraft dispatcher outside of a physical location
designated as a dispatching center or flight following center of an air
carrier, except as provided in 49 U.S.C. 44748,\3\ and directs the FAA
Administrator to issue regulations requiring compliance with section
44711(a)(10).
III. Background
A. Overview of Part 121 Flight Operations
The regulations of 14 CFR part 121 generally apply to commercial
airlines either operating on fixed schedules on predetermined routes
(referred to as domestic or flag operations) or charter flight
providers (referred to as supplemental operations). Domestic operations
must originate and conclude in locations within the 48 contiguous
States of the United States and the District of Columbia.\4\ Flag
operations refers to scheduled flights operating: (1) between any point
within the State of
[[Page 30265]]
Alaska or the State of Hawaii or any territory or possession of the
United States and any point outside the State of Alaska or the State of
Hawaii or any territory or possession of the United States,
respectively; or (2) between any point within the 48 contiguous States
of the United States or the District of Columbia and any point outside
the 48 contiguous States of the United States and the District of
Columbia; or (3) between any point outside the United States and
another point outside the United States.\5\ In contrast, supplemental
operations are those conducted by part 121 certificate holders for hire
on a non-scheduled service, meaning the departure time, departure
location, and arrival location are specifically negotiated with the
customer.\6\ While the regulatory requirements for the three types of
operations have some overlap, each have distinct requirements.
B. Dispatching and Flight Following
Subpart U of part 121 prescribes dispatching rules for domestic and
flag operations and flight release rules for supplemental operations.
In the context of domestic and flag operations, an aircraft dispatcher
is required. Aircraft dispatchers are required to ensure the safe and
efficient operation of commercial flights by sharing joint
responsibility with the pilot in command (PIC), planning and monitoring
flights, managing weather and airspace challenges, coordinating with
various stakeholders, and complying with regulatory requirements.
Aircraft dispatchers must be certificated by the Administrator to
perform their duties, ensuring only qualified individuals hold this
critical responsibility.\7\
Pursuant to subpart C of 14 CFR part 65, FAA will certificate
aircraft dispatchers for domestic and flag operators if they meet
certain eligibility, knowledge, training, and skill requirements. In
addition, 14 CFR 65.51(a) requires that an aircraft dispatcher have
such a certificate in his or her possession when acting as a dispatcher
and present it for inspection upon the request of the Administrator or
an authorized representative of the National Transportation Safety
Board, or of any Federal, State, or local law enforcement officer.
For supplemental operations, functions similar to flight
dispatching in the context of domestic or flag operations are sometimes
referred to as flight following functions. FAA does not require
operators engaged in supplemental operations to utilize a certificated
aircraft dispatcher. Instead, for supplemental operations, a flight may
not depart unless it has been released by an individual authorized by
the air carrier to exercise operational control over the flight.\8\ As
with domestic or flag operations dispatchers, the individuals
overseeing supplemental operations are responsible for ensuring the
safety of the flight. Flight following personnel for supplemental
operations do not need aircraft dispatcher certificates. However,
flight following personnel must be authorized by the director of
operations to exercise operational control of the flight.\9\
In most cases, it is the responsibility of these dispatchers and
flight following personnel on the ground to maintain operational
control through the planning of flight routes, monitoring the progress
of the flights (including changing weather conditions, alternate
airport options should an emergency landing be required, aircraft
performance conditions, and airport traffic conditions at destination),
communication of information to the PIC, and confirmation the flight
has arrived safely at its destination. For virtually all airlines,
these activities are conducted at a single facility, where all flight
activity is coordinated. For flag and domestic carriers, this facility
is called a dispatch center. For supplemental operations, it is
referred to as a flight following center, but the two types of centers
are largely identical in their features and setup. For both types of
centers, these facilities are inspected and approved by FAA as part of
the certification process of that air carrier.\10\
C. Remote Dispatching
Beginning in March 2020, in response to the COVID-19 public health
emergency, a small number of air carriers expressed interest in
allowing dispatching or flight following from locations other than the
air carrier's designated dispatch center or flight following center.
This practice allowed the air carriers to comply with the national
health and safety recommendations such as social distancing, group size
limits, and self-quarantining. This practice is referred to as remote
dispatching.
Following a collaborative risk analysis, FAA's Flight Standards
Service issued a memorandum to Flight Standards personnel who oversee
air carriers in March 2020 describing factors to consider when
determining whether to allow air carrier personnel to temporarily
perform flight dispatching and flight following duties from their homes
on a case-by-case basis, provided the air carrier could show these
duties were able to be performed safely.\11\ The memorandum balanced
the office's allowance of remote flight following and aircraft dispatch
practices with the existing responsibilities required for air carriers
conducting these operations, such as duty time requirements and regular
inspections. Given the context of the COVID-19 transmission and
fatality rates at the time of the initial requests and authorizations,
FAA determined that any risks associated with remote dispatching and
flight following were not greater than the risks of COVID-19
transmission within the confines of dispatching and flight following
centers.
FAA granted a small number of authorizations allowing air carriers
to dispatch or flight release from locations other than their approved
dispatch or flight following centers. The first four air carriers to
receive these authorizations conducted remote operations from
dispatchers' or flight followers' private residences. Some
authorizations included periodic expiration dates to ensure risk
control, which also allowed FAA to renew or terminate the
authorization. Subsequent authorizations did not contain specific
expiration dates. Some air carriers were authorized to conduct remote
operations, yet they opted not to do so.
These authorized air carriers remained responsible for evaluating
whether their remote locations met regulatory requirements and
individual operational needs. Further, air carriers remained
responsible for evaluating any associated risks with the practice as
part of their required Safety Management System.
D. Congressional Concerns
The practice of remote dispatching raised congressional interest in
May 2022, when FAA briefed congressional staff regarding authorized
remote dispatch work locations. FAA provided additional briefings to
House and Senate Committees on alternate dispatch location approvals
associated with a draft of the Fiscal Year 2023 House Appropriations
Bill. In November 2022, FAA received a letter from the House Committee
on Transportation and Infrastructure detailing the Committee's concern
about the safety of air carriers operating remote dispatch.\12\ In
2024, Congress imposed specific requirements on air carriers' dispatch
and flight following centers in section 420 of the Act. Section 420
prohibits flight dispatching from any location other than the dispatch
center or flight following center except in cases where a dispatch or
flight following center has been rendered inoperable. Air carriers
[[Page 30266]]
may then use an alternate location for no more than 14 consecutive days
before approval of the Administrator is required.
IV. Discussion of the Proposal
As required by the Act, this proposed rule would amend the
regulations in Sec. Sec. 121.107 and 121.127 to prohibit dispatching
and flight following from a location other than the dispatch center or
flight following center of the air carrier except in the event of an
emergency or other event that renders a dispatch or flight following
center inoperable. In such a situation, an air carrier could dispatch
aircraft from a location other than a dispatch center or flight
following center; however, the carrier would be required to notify the
responsible Flight Standards office within 24 hours of each use of any
alternate location. The operator would be prohibited from using any
alternate location for a period of time exceeding 14 days unless
approved by the Administrator. In addition, the proposed rule would
reorganize Sec. Sec. 121.125 and 121.127 to consolidate the
requirements for flight following systems and individual flight
following centers for supplemental operations. The reorganization would
not alter the original requirements themselves.
A. Prohibition of Remote Dispatching/Flight Following
This rulemaking proposes to introduce new paragraphs in Sec. Sec.
121.107 and 121.127 to incorporate the requirements of 49 U.S.C.
44748(d). Specifically, proposed Sec. 121.107(b) and (c) and proposed
Sec. 121.127(b) and (c) would prohibit the dispatch or flight
following of aircraft from any location other than the dispatch center
or flight following center of the air carrier except in the event of an
emergency or other event that renders a dispatch center or flight
following center inoperable. In such an event, an air carrier may
dispatch aircraft from a location other than the dispatch center or
flight following center of the air carrier. In addition, in proposed
Sec. 121.107(d) and proposed Sec. 121.127(d), FAA would require the
operator to inform the responsible Flight Standards office of the use
of any alternate location within 24 hours. The alternate site could not
be used for more than 14 consecutive days per location without the
approval of the Administrator.
Despite the concerns with remote dispatching referenced above,
Congress and FAA recognize that, in the unlikely event a dispatch or
flight following center becomes inoperable, it may be necessary for
dispatch or flight following operations to continue, allowing the
affected air carrier to land any aircraft already in flight safely or
to maintain continuity of operations. In those circumstances, it may be
preferable to conduct dispatch temporarily or flight following
activities at alternate locations. The air carrier must inform the
responsible Flight Standards office of each decision to utilize any
alternate location as soon as possible, but no later than 24 hours
after first use to ensure continued FAA oversight of that air carrier's
activities.
FAA emphasizes, however, that dispatching or flight following from
a location other than a dispatch or flight following center should only
occur as a last resort. In addition, the air carrier should ensure the
alternate location considers a dispatcher's or flight follower's
ability to maintain operational control from that location effectively,
and air carriers should remain aware that they remain subject to any
requirements set forth in parts 119, 120, and 121. When dispatching or
flight following from an alternate location, air carriers should
consider secure non-public internet access, proper communication
equipment, and freedom from outside distractions, which might reduce a
dispatcher's or flight follower's ability to conduct their dispatching
or flight following activities. Even if an alternate location meets
these conditions, every effort should be made to return to the
regularly used dispatch or flight following center as soon as possible.
B. Reorganization of Sec. Sec. 121.125 and 121.127
FAA is proposing to reallocate certain provisions of Sec. Sec.
121.125 and 121.127 between these two sections to consolidate
requirements for flight following systems and flight following centers,
providing increased regulatory clarity. The requirements themselves
would remain the same, but would be grouped together by subject.
Currently, Sec. 121.125 is titled ``Flight following system,'' and
Sec. 121.127 is titled ``Flight following system; requirements.''
Though Sec. Sec. 121.125 and 121.127 share a similar title, they
contain varying and somewhat overlapping provisions. Provisions
concerning a flight following system generally would appear under Sec.
121.125, and those concerning individual flight following centers
(including the proposed prohibition against remote flight following)
would appear under Sec. 121.127. This rule proposes to retitle Sec.
121.127 ``Flight following centers.'' These changes would reduce
confusion regarding the location of regulatory requirements and
prohibitions related to flight following.
Current Sec. 121.125(a)(1) requires each air carrier conducting
supplemental operations to show it has an approved flight following
system established in accordance with subpart U of part 121 and
adequate for the proper monitoring of each flight, considering the
operations to be conducted, and this language would remain unchanged.
Current Sec. 121.125(a)(2)(i) and (ii) provide additional specific
requirements for flight following centers. This rule proposes to move
these provisions to Sec. 121.127(a)(1) and (2) without changing the
requirements themselves. Paragraph 121.125(a)(2) would then refer
generally to the requirements of proposed Sec. 121.127. FAA also
proposes to move current Sec. 121.127(a)(1) and (2) to Sec.
121.125(a)(3) and (4). These paragraphs require air carriers to have
adequate facilities and personnel to provide information necessary for
the initiation and safe conduct of each flight to the flight crew and
the people designated to maintain operational control and to have a
means of communication to monitor the progress of each flight.
Paragraphs (b) and (c) of Sec. 121.125 would remain unchanged.\13\
Paragraph Sec. 121.125(d) would be amended slightly by adding the word
``must'' to clarify that the certificate holder's operations
specifications are required to specify the authorized flight following
system and the location of the centers. Finally, FAA proposes to move
current Sec. 121.127(b) to Sec. 121.125(e).
With these proposed changes, Sec. 121.127 would consist of the
general requirements for flight following centers moved from Sec.
121.125(a)(2)(i) and (ii) to Sec. 121.127(a)(1) and (2) and the
prohibition against remote flight following, with exception, at Sec.
121.127(b) and (c).
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
Executive Order (E.O.) 12866 (``Regulatory Planning and Review'')
and E.O. 13563 (``Improving Regulation and Regulatory Review'') require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination that the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.'' The Office of Management and Budget (OMB)
determined that this proposed rule is not a significant regulatory
action.
Existing regulations require part 121 certificate holders
conducting domestic and flag operations to operate from
[[Page 30267]]
dispatch centers and those conducting supplemental operations to
operate from flight following centers using authorized personnel
conducting flight following operations. As no air carriers currently
conduct remote dispatching, there would be no cost impacts of the
proposed rule. The proposed rule would prevent remote dispatching in
the event of similar circumstances to those during the COVID-19 public
health emergency or any trend in remote work among part 121 certificate
holders. However, because there have been no accidents associated with
the practice and the likelihood of increased remote dispatching in the
absence of the rule is unknown, FAA cannot estimate the impact of these
potential benefits.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L.
111-240,), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The proposed rule would prohibit part 121 certificate holders from
conducting remote dispatch operations. No entities are currently
conducting remote dispatch and FAA did not identify any incremental
costs of the proposed rule. If an agency determines a rulemaking will
not result in a significant economic impact on a substantial number of
small entities, the head of the agency may so certify under section
605(b) of the RFA. Therefore, as provided in section 605(b) and based
on the foregoing, the head of FAA certifies this rulemaking will not
result in a significant economic impact on a substantial number of
small entities. FAA welcomes comments on the basis for this
certification.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards
FAA has assessed the potential effect of this proposed rule and
determined it ensures the safety of the American public and does not
exclude imports that meet this objective. As a result, FAA does not
consider this rule as creating an unnecessary obstacle to foreign
commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. FAA determined the proposed rule would not result in the
expenditure of $187,000,000 or more ($100,000,000 adjusted for
inflation using the most current Implicit Price Deflator for the Gross
Domestic Product) by State, local, or Tribal governments, in the
aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FAA consider the impact of paperwork and other information
collection burdens imposed on the public. While this NPRM proposes to
require an air carrier to notify its responsible Flight Standards
office within 24 hours of the use of any alternate dispatch location,
based on the fact that only three operators ever used this exception
throughout the COVID-19 public health emergency, FAA believes that
fewer than ten persons would be required to provide notification to a
responsible Flight Standards office in any 12 month period. Title 5 CFR
1320.3(c) states that OMB clearance of any information collection is
required only if the information is to be collected from ten or more
persons annually. Therefore, FAA has determined there would be no new
requirement for information collection associated with this proposed
rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these proposed regulations.
G. Environmental Analysis
FAA has analyzed the environmental impacts of this proposed rule
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321 et seq.). FAA has determined this rule is categorically
excluded pursuant to Paragraph B-2.6(f) of Appendix B to FAA Order
1050.1G, FAA National Environmental Policy Act Implementing
Procedures.\14\ Categorical exclusions are categories of actions the
agency has determined normally do not significantly affect the quality
of the human environment and therefore do not require either an
environmental assessment (EA) or environmental impact statement
(EIS).\15\ In analyzing the applicability of a categorical exclusion,
the agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS.\16\ This
rulemaking, which proposes to amend FAA regulations for domestic, flag,
and supplemental operators to prohibit remote dispatch and flight
following activities except in the event of an emergency that renders a
dispatch or flight following center inoperable, is categorically
excluded pursuant to Paragraph B-2.6(f) of FAA Order 1050.1G:
``Regulations, standards, and exemptions (excluding those that if
implemented may cause a significant impact on the human environment.''
FAA does not anticipate any environmental impacts, and there are no
extraordinary circumstances present in connection with this rulemaking.
VI. Executive Order Determinations
A. E.O. 13132, Federalism
FAA has analyzed this proposed rule under the principles and
criteria of E.O. 13132, Federalism. FAA has determined this action
would not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have federalism implications.
[[Page 30268]]
B. E.O. 13211, Regulations That Significantly Affect Energy Supply,
Distribution, or Use
FAA analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. FAA has determined it would not be a
``significant energy action'' under the Executive order and would not
be likely to have a significant adverse effect on the supply,
distribution, or use of energy.
C. E.O. 13609, Promoting International Regulatory Cooperation
E.O. 13609, Promoting International Regulatory Cooperation,
promotes international regulatory cooperation to meet shared challenges
involving health, safety, labor, security, environmental, and other
issues and to reduce, eliminate, or prevent unnecessary differences in
regulatory requirements. FAA has analyzed this action under the
policies and agency responsibilities of Executive Order 13609 and has
determined this action would have no effect on international regulatory
cooperation.
D. Executive Order 14192, Unleashing Prosperity Through Deregulation
The proposed rule is exempt from the requirements of E.O. 14192
because it has been determined to be not significant under Executive
Order 12866.
VII. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. FAA also invites 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,
commenters should submit only one time if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rule. Before acting on this proposal, FAA will
consider all comments it receives on or before the closing date for
comments. FAA will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
FAA may change this proposal in light of the comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to inform its rulemaking process better. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' FAA will treat such
marked submissions as confidential under the FOIA, and they will not be
placed in the public docket of this NPRM. Submissions containing CBI
should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a> using
the docket number listed above. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
<a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be found at FAA's Regulations and
Policies website at <a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
Endnotes
\1\ 49 U.S.C. 44747 addresses aviation safety oversight measures
carried out by foreign countries. FAA staff has confirmed it was
Congress' intent to refer to Sec. 44748 in this section, which
addresses aircraft dispatching.
\2\ The act does not instruct any rulemakings for 49 U.S.C.
44748 as it relates to aircraft dispatcher certificates, or
requirements for dispatch and flight following centers. Paragraphs
(a) and (b) of section 44748 require anyone serving as an aircraft
dispatcher for a carrier to hold an appropriate aircraft dispatcher
certificate issued by the Administrator of the Federal Aviation
Administration, and that such a certificate shall be presented upon
request by appropriate authorities for inspection. These
requirements are already contained in 14 CFR 65.51. Paragraph (c) of
section 44748 provides statutory authority for FAA to take staffing,
equipment, and security requirements into account when issuing
certificates to air carriers. Therefore, no additional rulemaking is
necessary.
\3\ See endnote 1.
\4\ See 14 CFR 110.2.
\5\ Id.
\6\ Id.
\7\ 14 CFR 65.51.
\8\ 14 CFR 121.597.
\9\ ``Operational Control'' refers to the ``initiation,
continuation, diversion, and termination of a flight'' as provided
in 14 CFR 121.537(b).
\10\ This inspection will look to ensure that centers are
properly staffed, equipped, and secured to allow air carriers to
maintain operational control of all flight operations.
\11\ ``Operational Control Part 121 Air Carriers,'' Memorandum
from Thomas Malone, Manager of Air Transportation Division, AFS-200
(Mar. 20, 2020). A copy of this document is posted in the docket.
\12\ Congressmen Peter A. DeFazio and Rick Larsen, November 29,
2022, House
[[Page 30269]]
Committee on Transportation and Infrastructure, Washington, DC. A
copy of this letter can be found in the docket for this rulemaking.
\13\ The rulemaking would correct a typographical error in Sec.
121.125(d), clarifying that a certificate holders operations
specifications must specify the flight following system is it
authorized to use and location of flight following centers. Current
practice in the FAA certification process already addresses this
requirement, so no new requirements are resulting from the
correction.
\14\ 90 FR 29615, Jul. 3, 2025.
\15\ See DOT Order 5610.1D Sec. 9.
\16\ Id. Sec. 9(b).
List of Subjects in 14 CFR Part 121
Air carriers, Aviation safety, Charter flights, Safety,
Transportation.
The Proposed Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
1. The authority citation for part 121 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40103, 40113, 40119, 41706, 42301
preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732, 44748; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732
note); Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).
0
2. Revise Sec. 121.107 to read as follows:
Sec. 121.107 Dispatch centers.
(a) Each certificate holder conducting domestic or flag operations
must show that it has enough dispatch centers, adequate for the
operations to be conducted, that are located at points necessary to
ensure proper operational control of each flight.
(b) Except as provided in paragraph (c) of this section, a
certificate holder may not allow a person to work as an aircraft
dispatcher outside of a physical location designated as a dispatching
center of the air carrier.
(c) In the event of an emergency or other event that renders a
dispatch center inoperable, a certificate holder may dispatch aircraft
from a location other than a dispatch center of the certificate holder
for a period of time not to exceed 14 consecutive days per location
without approval of the Administrator.
(d) The certificate holder must notify the responsible Flight
Standards district office within 24 hours of each use of any location
other than a dispatch center.
0
3. Revise Sec. 121.125 to read as follows:
Sec. 121.125 Flight following system.
(a) Each certificate holder conducting supplemental operations must
show that it has--
(1) An approved flight following system established in accordance
with subpart U of this part and adequate for the proper monitoring of
each flight, considering the operations to be conducted;
(2) Flight following centers as described in Sec. 121.127;
(3) Adequate facilities and personnel to provide the information
necessary for the initiation and safe conduct of each flight to--
(i) The flight crew of each aircraft; and
(ii) The persons designated by the certificate holder to perform
the function of operational control of the aircraft; and
(4) A flight following system with a means of communication by
private or available public facilities (such as telephone, telegraph,
or radio) to monitor the progress of each flight with respect to its
departure at the point of origin and arrival at its destination,
including intermediate stops and diversions therefrom, and maintenance
or mechanical delays encountered at those points or stops.
(b) A certificate holder conducting supplemental operations may
arrange to have flight following facilities provided by persons other
than its employees, but in such a case the certificate holder continues
to be primarily responsible for operational control of each flight.
(c) A flight following system need not provide for in-flight
monitoring by a flight following center.
(d) The certificate holder's operations specifications must specify
the flight following system it is authorized to use and the location of
the centers.
(e) The certificate holder conducting supplemental operations must
show that the personnel specified in paragraph (a) of this section, and
those it designates to perform the function of operational control of
the aircraft, are able to perform their required duties.
0
4. Revise Sec. 121.127 to read as follows:
Sec. 121.127 Flight following centers.
(a) Each certificate holder conducting supplemental operations
using a flight following system must show that it has dispatch or
flight following centers located at those points necessary--
(1) To ensure the proper monitoring of the progress of each flight
with respect to its departure at the point of origin and arrival at its
destination, including intermediate stops and diversions therefrom, and
maintenance or mechanical delays encountered at those points or stops;
and
(2) To ensure that the pilot in command is provided with all
information necessary for the safety of the flight.
(b) Except as provided in paragraph (c) of this section, a
certificate holder may not allow a person to work as an aircraft
dispatcher or flight follower outside of a physical location designated
as a dispatch or flight following center of the air carrier.
(c) In the event of an emergency or other event that renders a
dispatch or flight following center inoperable, a certificate holder
may dispatch or flight release aircraft from a location other than the
dispatch or flight following center of the certificate holder for a
period of time not to exceed 14 consecutive days per location without
approval of the Administrator.
(d) The certificate holder must notify the responsible Flight
Standards office within 24 hours of each use of any location other than
a dispatch or flight following center.
Issued under authority provided by 49 U.S.C. 106(f), 40103(b),
44711, and 44748 in Washington, DC.
Hugh J. Thomas,
Acting Executive Director, Flight Standards Service.
[FR Doc. 2026-10293 Filed 5-21-26; 8:45 am]
BILLING CODE 4910-13-P
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