June 1, 2012

Hon. Michael P. Huerta

Administrator

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, S.W.

Washington, D.C. 20591

Administrator Huerta,

As members of the summer 2009 Flight and Duty Time Limitations and Rest Requirements 

Aviation Rulemaking Committee we want to thank you for your recent publication of the final 

14 CFR Part 117 Flight and Duty Limitations and Rest Requirements: Flightcrew Members. 

As Part 117 is a significant change to Part 121 we have spent considerable time digesting its 

contents. Naturally, this has caused us to contemplate several questions as to the intent and 

meaning of certain sections, as well as how FAA plans to interpret their implementation. We 

have complied a list of these areas below, and respectfully ask that FAA publish a 

clarification or advisory circular as soon possible so that we may begin the process of 

planning our transition to Part 117. We thank you in advance and invite you to contact us 

should our questions themselves need clarification. 

Thank you again for working to help improve safety within our aviation system.

//Signed//

George Villalobos

Southwest Airlines Pilots Association
§117.3 Definitions

1. Deadhead transportation states: “For the purposes of determining the maximum flight 

duty period in Table B of this part, deadhead transportation is not considered a flight 

segment.” Does this mean that a pilot may deadhead beyond the limits in Table B, or 

simply that when applying the Table B limits the maximum duty period is calculated 

using the appropriate number of legs that the pilot is actually operating? Please also 

see question 11 referencing section 117.25(g).

2. Duty/Flight duty period. This definition of “duty” includes items such as 

administrative work or other required work, yet the duty limits defined in Table B as 

well as the cumulative limits in section 117.23 (b) and (c) are based on Flight Duty 

Period. In fact, all limits within part 117 are defined by “flight duty” only. Further, 

the definition of flight duty period does not include administrative work. Therefore, is 

administrative or other required duty to be included in the calculation of a flight duty

period if the duty occurs prior to, or subsequent to, a flight duty period without an 

intervening rest period? Are there any limits on duty or are there just flight duty

limits? Please provide clarification with respect to the following scenarios: 

a. Duty (such as administrative work or computer based training) prior to a FDP

b. Duty (such as administrative work or computer based training) after a FDP

c. Flight training device duty after a FDP

3. Flight duty period. Is there any limitation to the period of time that a flightcrew 

member may be engaged in deadhead transportation at the conclusion of a flight duty

period?

4. Theater. As written: “means a geographical area where local time at the flightcrew 

member’s flight duty period departure point and arrival point differ by more than 60 

degrees of longitude.” Can it be inferred that the definition should be interpreted as “a 

geographical area where longitude at the flightcrew member’s flight duty period 

departure point and arrival point differ by more than 60 degrees of longitude”? If a 

flightcrew member were to fly no more that 60 degrees of longitude per day has the 

flightcrew member ever entered a new theater? For example, in a series of 3 flight 

duty periods a flightcrew member flies 57, 55, and 58 degrees of longitude (in the 

same direction) respectively. Has this flightcrew member changed theaters? If so, at 

what point or points? 

§117.11(b) Flight time limitation

“If unforeseen operational circumstances arise after takeoff that are beyond the certificate 

holder’s control, a flightcrew member may exceed the maximum flight time specified in 

paragraph (a) of this section and the cumulative flight time limits in 117.23(b) to the extent 

necessary to safely land the aircraft at the next destination airport or alternate, as appropriate.”

5. Does this section imply that a final block hour legality check must be accomplished 

before advancing the power for takeoff? In other words, if after taxi out but prior to 
takeoff, a flightcrew member is forecast to exceed the limits in Table A, must the 

aircraft return to the gate and the crew be released or rescheduled from that segment?

6. Once airborne, if the flightcrew member is now forecast to exceed the limits of Table 

A and the flight subsequently lands at an alternate location beyond the limits of Table 

A, can that flightcrew member still proceed on a follow-on leg from the alternate to 

the original destination, or is that flightcrew member required to enter a legal rest 

period prior to further flight duty?

§117.13(b)(2) Flight duty period 

“The applicable flight duty period is based on the local time at the theater in which the 

flightcrew member was last acclimated.”

7. What is the definition of “local time”? If the pilot remains within the same theater, is 

it the local time in the time zone in which the flightcrew member is currently located 

at the start the current flight duty period or the local time at the flightcrew member’s 

home base time where the flightcrew member began the sequence of flight duty

periods (or as applicable, the local time in the time zone where the flightcrew member 

first became acclimated in that theater)? 

8. Based on the definition of a theater is if a flightcrew member begins a series of flight 

duty periods in their home base and flies 57° of longitude in the first duty period 

followed by an 18 hour rest period, and an additional 55° of longitude in the same 

direction in the second flight duty period followed by an 18 hour rest period, is the 

flightcrew member acclimated or unacclimated at the beginning of the third flight duty

period? For Table B purposes what theater is this flightcrew member acclimated to?

§117.19 Flight duty period extensions

“(a) For augmented and unaugmented operations, if unforeseen operational circumstances 

arise prior to takeoff: 

(1) The pilot in command and the certificate holder may extend the maximum flight duty

period permitted in Tables B or C of this part up to 2 hours.”

9. Does this section imply that a final flight duty period hour legality check must be 

accomplished before advancing the power for takeoff? In other words, if after taxi out 

but prior to takeoff, a flightcrew member is forecast to exceed the limits in Table B or 

C plus 2 hours, must the aircraft return to the gate and the crew be released or 

rescheduled from that segment? 

10. Once airborne, if the flightcrew member is now forecast to exceed the limits of Table 

B or C plus 2 hours and the flight is subsequently lands at an alternate location beyond 

the limits of Table B or C plus 2 hours, can that flightcrew member still proceed on a 

follow-on leg from the alternate to the original destination, or is that flightcrew 

member required to enter a legal rest period prior to further flight duty?
§117.25(g) Rest period. “If a flightcrew member engaged in deadhead transportation 

exceeds the applicable flight duty period in Table B of this part, the flightcrew member must 

be given a rest period equal to the length of the deadhead transportation but not less than the 

required rest in paragraph (e) of this section before beginning a flight duty period.”

11. Does this, in conjunction with the definition of a flight duty period, imply that a 

flightcrew member engaged in deadhead transportation (either solely or as the final 

duty at the end of a flight duty period) can be scheduled to exceed the Table B 

limitations, or does this section only apply to a flightcrew member whose duty period 

has exceeded Table B due to unforeseen circumstances beyond the operator’s control 

occurring after takeoff? 

§ 117.27 Consecutive nighttime operations. A certificate holder may schedule and a 

flightcrew member may accept up to five consecutive flight duty periods that infringe on the 

window of circadian low if the certificate holder provides the flightcrew member with an 

opportunity to rest in a suitable accommodation during each of the consecutive nighttime 

flight duty periods. The rest opportunity must be at least 2 hours, measured from the time that 

the flightcrew member reaches the suitable accommodation, and must comply with the 

conditions specified in § 117.15(a), (c), (d), and (e). Otherwise, no certificate holder may

schedule and no flightcrew member may accept more than three consecutive flight duty 

periods that infringe on the window of circadian low.

12. Regarding the underlined portion of the above paragraph, is it permissible to schedule 

a flightcrew member for more than 3 consecutive nights of RAP that infringe upon the 

WOCL?

13. Regarding the underlined portion of the above paragraph, if a flightcrew member is 

scheduled for an early morning RAP that begins within the WOCL, but that flightcrew 

member is assigned an actual flight duty period (trip) that begins outside of the 

WOCL, is this still counted as one of the three allowable WOCL duty periods?

14. Regarding the underlined portion of the above paragraph, if a flightcrew member is 

scheduled for an early morning RAP that begins within the WOCL, and is contacted

for assignment during the WOCL, but the report time is after the WOCL, is this still 

counted as one of the three allowable WOCL duty periods?