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 Limitati ons and Rest Requirements Aviation Rulemaking Committee we want to thank y ou for y our recent publication of the final 14 CFR Part 117 Flight and Duty L imitations and Rest Requirements: Flightcrew Members. As Part 117 is a significant change to Part 121 w e have spent considerable time digesting its contents. Naturall y, 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 questi ons themselves need clarification. Thank y ou again for working to help improve safety within our aviation s ys tem.

//Signed// George Villalobos Southwest Airlines Pilots Association**§117.3 Definitions**

1. Deadhead transportation states: “For the purposes o f 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 bey ond the limits in Table B, or simply that when appl yi ng the Table B limits the m aximum 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 dut y period

. This definition of “duty ” includes items such as administrati ve work or other required work , y et the duty limits defined in Table B as well as the cumulative limits in section 117.23 (b) and (c) are based on Flight Dut y Period. In fact, all limits within part 117 are defined by “ flight duty” only

. Further, the def inition 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 dut y occurs prior to , or subsequent to , a flight dut y period without an intervening rest period? Are there an y limits on duty or are there just flight duty limits? Please provide clarification with respect to the following s cenarios: 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 dut y 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 p o int and arrival point differ by mor e than 60 degrees of longitude.” Can it be inferred that the definitio n should be interpreted as “a geographical area where longitude at the flightcrew member’s flight dut y period departure point and arrival point differ b y more than 60 degrees of longitude ” ? If a flightcrew member were to fly no more that 60 degrees of lon gitude 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? I f so, at what point or points? **§117.11(b) F**  **light time limitation** “If unforeseen operational circumstances arise after takeoff that are bey ond the certificate holder’s control, a flightcrew member may exceed the maximum flight time specified i n paragraph (a) of this section and the cumulative flight time limits in 117.23(b) to the extent necessary to safel y 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 f or takeoff? In other words, if after taxi out but prior totakeoff, a flight crew member is forecast to exceed the limits in Table A, must the

aircraft return to th e gate and the crew be released or re scheduled from that segment?
6. Once airborne, if the flight crew member is now forecast to exceed the limits of Table A and the flight subsequently lands at an alternate location bey ond the limits of Table A, can that flightcrew member still proceed on a fo llow

- 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 dut y? **§117.13(b)(2) F**  **light 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, i s it the local time in the time zone in which the flightcrew member is curre ntly located at the start the current flight dut y 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. B ased 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 dut y period followed b y an 18 hour rest period, and an additiona l 55 ° of longitude in the same direction in the second flight dut y 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 f lightcrew member acclimated to? **§117.19 F**  **light 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 pr ior to takeoff, a flight crew 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 flight crew member is now forecast to exceed the limits of Table B or C plus 2 hours and the flight is subsequentl y lands at an alternate locat ion bey ond 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 dest ination, or is that flightcrew member required to enter a legal rest period prior to further flight dut y?**§117.25 (g) Rest period. “**  If a flightcrew member engaged in deadhead transportation

exceeds the applicable flight dut y 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 definiti on of a flight duty period , imply

that a flightcrew member engaged in deadhead transportation ( either solel y 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 f lightcrew member whose duty period has exceeded Table B due to unforeseen circumstances bey ond the operator ’ s control occurring after takeoff?
**§ 117.27 Consecutive nighttime operations**

. A certificate holder may schedule and a flightcrew member may

acce pt 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 dut y periods that infringe on the window of circadian low

. 12. Regarding the underlined portion of the above paragraph, i s it permissible to schedule a flightcrew member for m ore than 3 consecutive nights of RAP that infringe upon the WOCL ?
13. Regarding the underlined portion of the above paragraph, i f a flightcrew member is scheduled for an earl y m orning RAP that begins within the WOCL , but that flightcrew member is assigned an a ctual flight duty period (trip) that begins outside of the WOCL , is this still counted as one of the three allowable WOCLdut y periods?
14. Regarding the underlined portion of the above paragraph, i f a flightcrew member is scheduled for an earl y m orning RAP th at 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?