June 4 , 2012

Rebecca B. MacPherson, Esq. Assistant Chief Counsel for Regulations, AGC

- 200 U.S. Department of Transportation Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591

Dear Ms. MacPherson , I am submitting the questions that follow on behalf of the Allied Pilots Association regarding the new 24 CFR Part 117 regulations. Itis our hope that these questions will be helpful in resolving an y ambiguity and uncertainty regarding the application of portions of the rule and aid in a smooth transition to the new procedures. Please feel free to contact me for an y further information or clarification you might require

. Email: dpinion@alliedpilots.org Work: 817

- 302
- 2325 Cell: 817
- 846
- 3070
//Signed// Douglas Pinion Chairman, Flight Time / Duty Time Committee Allied Pilots Association Captain, American Airlines2

**§ 117.3 Definitions**  **. Theater**  **& Acclimation**

– The following deal with the Theater definition and Acclimation. 1. Wh en you change theaters, what time zone from the original theater do you use to enter the FDP L imit and Maximum FT Tables until you acclimate to the new theater? 2. When a pilot change s theaters but do es not remain in the same time zone for 36 or 72 hours in the new theater, does the pilot acclimate? If so, when and to what time zone? If you do not acclimate, do you continue to use Home Base Time to enter the FDP Limit and Flight Time tables ? 3. A pilot is on a pairing that departs the US and is scheduled for a 24
- hour layover in a European city , which would result in a change in theater. D ue to a mechanical problem or cancelled inbound flight, the layover is extended to 48 hours . Under these circumstances, it is possible that the cancellation takes place after pilot’s sleep period that was planned and timed based on not being acclimated. I s it the intent of the regulations that this pilot would no w become acclimated and enter the FDP and FT Tables using local time with no reduction for not being acclimated or mu st the rest period have been originally scheduled for more than 36 hours to become acclimated in less than 72 hours ? To simplify

this portion of the regulations, a possible solution to consider is that , when remaining in the same theater, use HBT to ente r the charts unless in a new time zone (theater) for more than 72 hours. Then use that time zone as the new acclimated time zone . When changing theaters , use HBT to enter the Tables unless y ou remain in the new theater for more than 72 hours. If you remain in the same new theater (identified by the time zone where you first had a layover), use local time in the new theater after 72 hours and be considered as acclimated

. This would more realistically follow the body ’s circadian rh ythm and would solve the pro blem (and restrictions) that exist of being non

acclimated upon return to the US following a layover of longer than 36 hours in Europe or Asia . There are quite a few 48

- hour layovers in international operations due to less than daily service to man y locati ons. In these situations, the scientific recommendation is to attempt to stay

on home base time since you will be returning to that theater and have no intention of acclimating and remaining in the new theater. If you do not stay in the same new time zone, use local time in the new theater but apply the following duty

period penalty for not being acclimated

– three hours for non

- augmented, one hour for augmented. Use HBT for the first 72 hours; thereafter use local time. 4. In the final rule and subsequent co rrection, the FAA defined a change in theater as a change of more than 60 degrees of longitude, removing the time zone consideration entirely rather then using a combination of time zone and longitude. As a result of this decision , a pilot flying from DFW to HNL(Honolulu) would change theaters due to a change of just over 60 degrees, while a pilot flying from DFW to OGG (Maui), which is just less than 60 degrees of change, would not. Both locations are five hours time3

difference from DFW. I s it the FAA’s i ntent that two sets of pilots operating between DFW and these cities in the same time zone and in close proximity to each other be treated differently

with regard to change in theater? **Suitable Accommodation** 5. Does the definition of “suitable accommodation ” apply to a layover facility ? I f so, is it the FAA’s intent that reclining chairs in a room with multiple chairs and multiple individuals resting is considered suitable for the rest and uninterrupted sleep opportunity

required under paragraph 117.25? If n ot, what must a layover facility consist of? **Physiological Night’s Rest** 6. In the NPRM, the FAA proposed a definition that included the hours of 0100 to 0700, just as in the final rule. However, in the NPRM, the rest period was defined as at the rest locati on. Since that changed in the final rule, the rest period could included travel time, etc. that encroaches on the 0100

- 0700 time frame. Is it the FAA’s intent that the eight hours of uninterrupted sleep opportunity should include the hours of 0100 and 0700 ? **§ 117.11**  **F light time limitation**  **.** 7. In Part 117, the FAA decided not to change the definition of flight time from that which previously exists in Part 1. With that in mind, consider the following. In each example, the aircraft is a normally scheduled fligh t and is loaded with passengers and crew with the intent to depart for a different destination.  A ircraft A powers back from a gate, taxis to a holding spot on the ramp a short distance from the gate and shuts down engines for a one - hour weather departure delay, then restarts engines and taxis for takeoff
.  Aircraft B pushes back from an adjacent gate , starts engines and taxis a short distance to an adjacent holding spot on the ramp and shuts down for the same one - hour delay and then restarts engines and ta xis for takeoff
.  Aircraft C pushes back from the gate all the way to an adjacent holding spot on the ramp for the same one
- hour delay prior to starting engines and continuing taxi for takeoff. a. For the purposed of the flight time limitations in 117.11, wou ld the flight time for the pilots operating each of these aircraft be calculate differently? 8. These question s are regarding the flight time limit in an unaugmented FDP and the affect of under f

ly and overfl y , and the planned flight time for the da y versus th e original schedule. Based on the Time of Start, the flight time limit is 9 hours for a particular FDP with 4 scheduled legs. The FDP was originally scheduled for 8:30 of flight time and four legs

. b. At the end of leg two, the total of flight time actually flown and scheduled time remaining is 9:05. May

the crew depart on leg three with the remaining flight4 time on leg four scheduled to exceed nine hours in the FDP? If not, what must be done to allow the crew to depart on leg three? c. If the total of flight ti me flown and remaining schedule did not exceed nine hours until after leg three, but the flight plan for that day for leg four is less than scheduled and would keep the total below nine hours, may the crew depart on leg four? d. May augmentation be used on a FDP already in progress to allow additional flying beyond the originally scheduled unaugmented flight time and FDP limits even though the relief pilot was not aboard to provide breaks on previous legs in the FDP?
**§ 117.13 & 117.17**  **F light duty period**  **: U naugmented and Augmented operations**  **.** 9. What time zone do you use for dail y dut y period and flight time limits when entering Tables A and B, when remaining in the same theater starting consecutive Flight Duty Periods in different time zones. For example, w ould a pilot based in LAX but on a layover in LGA use Pacific Time or Eastern Time for establishing dut y and flight time limits for the FDP following the lay over? In the NPRM, the charts were labeled HBT or Acclimated. However, the HBT was removed in the f inal rule. Using local time (Eastern in this example) to enter the tables would significantl y compromise the intended protections should a pilot commence an earl y morning FDP. Using Table B, a 0700 local start time would allow a pilot to have a 14 hour FDP with nine hours of flight time when the reality is that the pilot actually

signed in at 0400 HBT (body time) and awakened at 0300 or earlier. Is this the FAA’s intent? 10. The FDP limit charts refer to “Scheduled Time of Start.” If you receive a call at home (within a few hours of the originally scheduled report time) that delay s y our report time, is this new report time considered a new “Scheduled Time of Start” for the purpose of establishing a FDP and flight time limit or are the limits based on the origin al report time? If not, w ould a minimum rest period be required between notification of the delay

and time of start to establish a new “Time of S tart? ” 11. A pilot is originally

scheduled for an unaugmented FDP with four landings and a start time of 0600, whi ch would allow a planned FDP of up to 12 hours. If the pilot diverts to an alternate due to weather on the last leg with the intent of continuing on to destination following refueling, would the FDP limit now be based on five landings and thus only

11.5 ho urs in this case? Would any operational extension also be based on 11.5 hours as well? **§ 117.21 Reserve status .**  12. Must reserve duty be physically on airport property to be classified airport or standby reserve or does sitting reserve at another location n ear the airport, such5 as a nearby hotel or similar facility designated by the operator, apply as well? 13. Reserve

– 117.21 (c) (2) refers to rest requirement for reserves that “complete” a RAP. a. What rest requirement applies to a reserve pilot that is relea sed from a RAP without serving the entire 14 hours in order to be given an earlier assignment the following day? In other words, what is meant by “completes a RAP?” b. Once assigned a RAP, must a pilot either serve the entire RAP or be given a flight assignm ent, or may the pilot be released from the RAP to be given an earlier RAP or flight assignment the following day? c. If the pilot can be released, this could result in a complete circadian reversal for the pilot with little opportunity to obtain sleep during the intervening rest period provided due to the timing of that rest period. Is there any requirement to obtain a physiological nights rest prior to further assignment under these circumstances? 14. A pilot is assigned as a reserve to a RAP. After three hou rs of being on call in the RAP, the pilot is contacted to report for a FDP of 10 hours, all of which is legal and in compliance with the applicable provisions of Part 117. a. How much of this time would count toward the weekly FDP limitation of 60 hours

– 10 hours or 13 hours? b. What is the answer in a. if the time spent on call is airpor t standby instead of short call? **§ 117.25**  **Rest period.** 15. What exactly is meant by “eight hours of uninterrupted sleep opportunity?” For example, on a layover, if an individual takes 30 minutes to check in and prepare for bed after arriving at a hotel and 45 minutes to shower, dress, pack, etc. in the morning and an additional 45 min utes to obtain something to eat and then check out of the hotel, would the minimum time at the hot el under the circumstances described be ten hours in order to provide an eight hour uninterrupted sleep opportunity? 16. If, during the eight hour uninterrupted sleep opportunity, a fire alarm sounds at a hotel or hotel staff knocks on the door or the certifi cate holder scheduling department contacts the pilot by phone, would the eight hours of uninterrupted sleep opportunity be required to start over from that time? 17. If a pilot is scheduled for back
- to - back pairings on consecutive days, is the pilot required to have an eight
- hour uninterrupted sleep opportunity at home or other resting location between the consecutive pairings?6

18. Must the 30
- hour rest period required in 117.25(b) be prospectively identified? In other words, can a rest period that is scheduled f or less than 30 hours and that is already in progress be extended beyond 30 hours to satisfy the requirement in 117.25(b)?