1 of 7 June 4, 2012

14 CFR PART 117—FLIGHT AND DUTY LIMI TATIONS AND REST REQUIREMENTS:

FLIGHTCREW MEMBERS

Final Rule – Clarifying Questions



### 1. 117.3—Definitions.

117.3 states that the “...FDP ends when the aircraft is parked after the last flight a nd there is no intention

for further aircraft movement...”

Question 1a:

In the definition for flight duty period (FDP), does “further aircraft movement” mean movement for the purpose of flight?

Example: The aircraft is parked at the gate follo wing the last flight and the passengers deplane. If subsequent to this the pilot repos itions the aircraft on the ground, such as to the hanger, does the FDP end when the aircraft is first parked at the gate and the passengers deplaned?

Question 1b:

Does a flight have to occur (takeoff and landing) in order for there to be a flight duty period?

Example: If a pilot is on airport re serve and does not fly, is it correct to assume that none of the duty

time is considered a FDP?

Question 1c:

The FDP limitations are partially based on the number of flight segments. Is a flight segment defined to mean a takeoff and landing?

For example, if a flight returns to the gate and do es not takeoff, then it is not considered a flight

segment.2 of 7 

### 2. 117.5—Fitness for duty.

A pilot reports fit for an FDP that includes 6 flight segments. After the fourth flight segment the pilot notifies the company that he will be too fatigued to fly the sixth flight segment, but will be fit to fly the fifth flight segment.

Question 2a:

As long as the pilot certifies that he is fit to fl y the fifth flight segment in accordance with 14 CFR 117.5(d), is the company in compliance with 14 CFR 117.5(c)?



### 3. 117.15— Flight duty period: Split duty.

117.15(a) states “The rest opportuni ty is provided between the hour s of 22:00 and 05:00 local time.”

In addition, please clarify whether th e scheduled time of start in Table B refers to a pilot’s base or

acclimated local time.

Question 3a:

Is this base/acclimated local time?

Example 1 (Split Duty): A split flight duty period begins in the pilot’s base time zone (Pacific Time) and overnights at a location in the Mountain Time zone. Is the local time in 14 CFR117.15(a) referring to

Pacific Local time?

Example 2 (Table B): A pilot repor ts for duty at his base at 0500 PST for an 11.5 hour duty day with 5 flight segments and overnights in a MST zone cit y. Can the pilot report the next morning at 0500 PST (0400 MST) for an 11.5 hour duty day and 5 flight segments?

117.15 also sets forth the conditions necessary in orde r to take advantage of the flight duty reduction
provided through the use of the "Split Duty" provi sions. Two of the provisions are as follows:

(c) The rest opportunity is schedule d before the beginning of the flight duty period in which that rest opportunity is taken.

(d) The rest opportunity that the flig htcrew member is actually provide d may not be less than the rest opportunity that was scheduled.3 of 7 Question 3b:

These provisions seem to incentivize the designation of a "rest" period within the split duty to insure
schedule reliability. Are certificat e holders free to designate whic h period of time spent on the ground
are specifically designated as the "rest opportunity?"



### 4. 117.21—Reserve status

117.21(a) states:

“Unless specifically designated as airport/standby or short-call re serve by the certificate holder,

all reserve is consider ed long-call reserve.”

117.21(c) goes on to further state that:

“For short call reserve,

1) The reserve availability period may not exceed 14 hours. 2) For a flightcrew member who has completed a reserve availability period, no certificate holder may schedule and no flightcrew memb er may accept an assignment of a reserve availability period unless the flightcrew member receives th e required rest in §§ 117.25(e).”

Question 4a:

Does this disallow a short call reserve from being assigned RAP upon completion of a multi-day trip, even if he/she has remaining FDP allowable in accordance with Table B or must the pilot be

released to rest?

Question 4b:

Using a similar scenario, a reserve pilot was assign ed a 3 day trip. Day 3 he reported at 0700 and was scheduled to fly 1 leg bringing his FDP to 2:30. Upon completion of his 1 segment he

arrives back in base and contacts the carrier at which time he is notified of 3 additional flight segments. The revised schedule does not exceed the limitations set forth in Table A, Table B, or any cumulative limitation. Is this allowable?

Completion of RAP (117.21 (c) (2))

117.25(c) (2) states, “For a flightcr ew member who has completed a reserve availability period, no certificate holder may schedule and no flightcrew member may accept an assignment of a reserve availability period unless the flightcrew member receives th e required rest in §§ 117.25(e).”4 of 7 Question 4c:

A RAP is assigned from 0300 – 1700. Can an air carrier voluntarily terminate th e RAP to provide the required rest in §§ 117.25(e) and assign the pi lot to FDP immediately afterwards?

For example, a pilot is given RAP of 0700 to 2100. At 0800 the air carrier contacts the pilot and notifies his RAP has ended and he is assigned 10 hours of rest . The air carrier then re -assigns a RAP beginning at 1800. Is this legal?



### 5. 117.25—Rest period.

117.25(b) states:

(b) Before beginning any reserve or flight duty period a flightcrew member must be given at least 30 consecutive hours free from all duty in any 168 consecutive hour period.

Question 5a:

The "Before beginning" statement would indicate that a check for 30 hours off in a 168 hour period involves a look back during flight dut y periods, but the word "any" coul d be taken to indicate that the check for 30 hours free from all duty involves a cons tant check, forwards and backwards, even during days off. Using the latter, broader defini tion, the following example would not be legal:

A flightcrew member has a repetit ive schedule that begins every M onday at 0500 and ends every Friday at 1700 without a 30 hour break between Monday and Friday. The flightcrew member has every Saturday and Sunday off. Assuming that the assignments themselves meet all of the other requirements of Part 117, is this schedule legal since a look fo rward from midnight on a Sunday, or backward from 2259 on a Saturday night would not include a 30 cons ecutive hour break, even though the flightcrew

member is in the middle of one?

The real question is, does a check for 30 hours free from duty in any 168 consecutive hour period have to be performed during time free from all duty?

Question 5b:

117.25(c) deals with flightcrew member s being acclimatized in a new thea ter after 36 hours of rest in the new theater. If a flightcrew member based in the Eastern time zone has a 36 hour layover in the Pacific Time zone, does that mean that all further applicati ons of Part 117 will be based on the Pacific time zone

until the crew member is re-acclimat ed to their home base, or does "base" time still serve as the basis since the flightcrew member never went to another "t heater" as defined in the definitions of Part 117?5 of 7 117.25(e) states:

(e) No certificate holder may schedule and no flight crew member may accept an assignment for any reserve or flight duty period unle ss the flightcrew member is give n a rest period of at least 10 consecutive hours immediately before beginning the reserve or flight duty period measured from the time the flightcrew member is rel eased from duty. The 10 hour rest pe riod must provide the flightcrew

member with a minimum of 8 uninterr upted hours of sl eep opportunity.

Question 5c:

The regulation puts forth that a re st period is always considered to be the "10 consecutive hours immediately before beginning the rese rve or flight duty period," but then states that the period is "measured from the time the flightcrew member is released from duty." The first part indicates that the 10 hours is always the last 10 hours, indicating that a crewmember could not be called in to work earlier than planned without interrupting re st, while the second part indicates that rest is given immediately, indicating that a crewmember could be called in to work earlier if th e layover time were sufficient.

Which is it? Can certifica te holders designate the re st period in these cases?

For example, a crewmember is scheduled to block in at 2200 local base time, and report the next day at 1400 giving a 16:00 layover. Actual block in is at 2215, and the certif icate holder requests that the report actually occurs at 1300 leaving an actual layover of 14:15. Is such a change legal and appropriate under 117.25(e)?

Question 5d:

Do previous regulatory interpreta tions regarding a “one phone call” provision extend to rest periods

defined in 14 CFR 117.24?

Example 1: A pilot is on a 10 hour rest peri od in accordance with 117.24(e) that st arts at 2200 hours and extends to 0800 hours. The pilot begins the rest period at 2200 and has the opportunity to be behind closed doors at 2300. Prior to the pilot’s 0800 scheduled report time it is learned that th e morning flight will be delayed by 2 hours.

Prior to reporting for the FDP can the company make one attempt to contact the pilot during the rest period to reschedule thei r report time to 1000?

If one phone call is permitted is there a restriction on what time the phone call can be made?6 of 7 Example 2:

A pilot is on a 14 hour scheduled re st period from 2000 to 1000 that qualif ies to be a 10 hour rest period. The pilot begins the rest period at 2000 and has the opportunity to be behind closed doors at 2100

Can the company make one attempt to reschedule the repo rt time to 0600?

If one phone call is permitted is there a restriction on what time the phone call can be made?

Question 5e:

117.25(g) seems to extend the concept of "flight duty" to deadheading in a particular circumstance. What that circumstance is, however, is not entirely cl ear. Since Table B only applies to FDPs, does this regulation apply to non-flight duties af ter an FDP, or is it referring to duty periods that consist of only

deadheads? Since deadhead after an FDP is not considered part of the FDP by definition, and duties consisting solely of deadhead would also not be part of an FDP, it is difficult to understand how to apply this regulation.

An example may be helpful:

A flightcrew member reports for duty at 0430 and opera tes a single flight that blocks in at 0800. At 1100 he starts to deadhead to another city to fly the ne xt day, and the series of d eadhead flights arrive at

1530. Table B states that a 10:00 FD P was legal and appropriate and th e actual FDP was only 3:30 long, but the total duty was 11:00. Of the 11:00 of total duty, only 4:30 were spent in deadhead transportation. How much rest does the flightcrew me mber need? If the entire assignment consisted of deadhead, how much rest would the flightcrew member need?

Question 5f:

How is table B used when applying it to a flightcrew member on short call reserve? Is the table plus the reserve extension based on the time that the Flight Du ty Period begins, or the time that the short call reserve period begins?



### 6. 117.27— Consecutive nighttime operations.

Question 6a:

Can a pilot be schedule for more than 3 consecutive FDPs or Airport Reserve periods that begin at 0530

and end at 1530?7 of 7 Please send any correspondence re garding these questions to:

Stacey Bechdolt, Esq. Director, Safety & Technical Affairs Regional Airline Association 2025 M Street, NW

Suite 800 Washington, DC 20036

202-367-1252