## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

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### 1. Section 117.1 Applicability (a) This part prescribes flight and duty limitations and rest requirements for all flightcrew members and certificate holders conducting passenger operations under part 121 of this chapter. (part 117 rule text in italics)

a. Question: Do any part 121 flight and duty time legal interpretations apply to part 117 ?



### 2. Section 117.3 Definitions

a. Definition of Duty Duty means any task that a flightcrew member performs as required by the certificate holder , including
but not limited to flight duty period, flight duty, pre

- and post

- flight duties, administrative work, training, deadhead transportation, aircraft positioning on the ground, aircraft loading, and aircraft servicing.

a. Question: Can we assume that a collective bargaining agreem ent requirement to check a schedule or calendar, or to acknowledge a trip assignment, is not duty?

b. Definition of Rest Facility Rest facility means a bunk or seat accommodation installed in an aircraft that provides a flightcrew member with a sleep opportu nity. (1) Class 1 rest facility means a bunk or other surface that allows for a flat sleeping position and is located separate from both the flight deck and passenger cabin in an area that is temperature controlled, allows the flightcrew member to control light, and provides isolation from noise and
disturbance. (2) Class 2 rest facility means a seat in an aircraft cabin that allows for a flat or near flat sleeping position; is separated from passengers by a minimum of a curtain to provide darkness and some sound mitigation; and is reasonably free from disturbance by passengers or flightcrew members. (3) Class 3 rest facility means a seat in an aircraft cabin or flight deck that reclines at least 40 degrees and provides leg and foot support.

a. Question: When will the AC covering rest facilities under Part 117 be published?
b. Question: What is “near flat” for purposes of a Class 2 definition?

c. Question: What will the FAA approval process be for these rest facilities ?

1. Fitness for Duty

(d) As part of the dispatch or flight release, as applicable, each flightcrew member must affirmatively state he or she is fit for duty prior to commencing flight.

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

2 i. Confirm that flightcrew members can use various electronic means provided by the carrier
to record the fitness for duty statement such as ACARS, cell phone app, or other proprietary
method

.



### 3. Section 117.9 Fatigue education and awareness training program (a) Each certificate holder must develop and implement an education and awareness training program, approved by the Administrator. This program must provide annual education and awareness training to all employees of the certificate holder responsible for administering the provisions of this rule including flightcrew members, dispatchers, individuals dir ectly involved in the scheduling of flightcrew members, individuals directly involved in operational control, and any employee providing direct management oversight of those areas.

a. Please confirm that no employees besides the ones required to train under the FRMP need to be trained until after the effective date of the rule, since the preamble to the final rule contemplates carriers updating the list of employees that need to be trained in 2013, See Fn 24. “Because the statute requires FRMPs to be updated every two years, the FAA anticipates that carriers will simply expand the group of employees subject to training in their next update, scheduled for the summer of 2013.” This statement only applies to training required by 117.9 and does not include any t raining already included
under a FRMP.



### 4. Section 117.11 Flight time limitations (a) No certificate holder may schedule and no flightcrew member may accept an assignment or continue an assigned flight duty period if the total flight time: (1) Will exceed the limits specified in Table A of this part if the operation is conducted with the minimum required flightcrew. (2) Will exceed 13 hours if the operation is conducted with a 3

- pilot flightcrew. (3) Will exceed 17 hours if the operation is conducted with a 4

- pilot flightcrew.

a. Question: Can the crew still depart if they report for duty and day of weather conditions indicate that the flight w ill exceed flight time limits?

(d) Each certificate holder must implement the corrective action(s ) reported in paragraph (c)(2) of this section within 30 days from the date of the extended flight time limitation.

b. Question: For corrective actions, it is clear a fix must be implemented within 30 days of
the extension but when does the fix have to take e ffect? Seasonally, etc.?



### 5. Section 117.13 Flight duty period: Un

- augmented operations.

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

3 (a) Except as provided for in § 117.15, no certificate holder may assign and no flightcrew member may accept an assignment for an unaugmented flight operation if the scheduled flight duty period will exceed the limits in Table B of this part.

a. Question: Table B bases the length of a Flight Duty Period (FDP) on the number of segments, if a diversion occurs on a non

- augmented flight does this now count as a
segment tow ar ds limitations, thereby possibly changing a flightcrew member’s

maximum FDP ?
b. Question: For section 117.13 and 117.17 duty limits, if a delay is known prior to the report time of the pilot (day before or even earlier in the day), can the carrier reset th e pilot to the new report time which alters the pilot’s duty day to begin at this new time within the chart. For example, the flight was originally scheduled to depart LAX at 12:30 pm. The flight is delayed for 5 hours and the crew is notified the day prior. Can the carrier reset the duty day to begin at 17:30 pm the next day?

c. Confirm that Table B purposefully does not include the term “home base” and therefore
local time could be used for determining FDP in Table B. For example, pilot is based in SFO, conducts a segment to PHL with a 12 hour layover. After the layover the pilot operates to PHL to L HR and is off duty for 12 hours. What time zone does the pilot use to enter Table B when he operates out of L HR ? U.S. Pacific time? U.S. East coast time?
d. Confirm t he same logic in the previous question should apply when a pilot acclimatizes to a new theater and operates within multiple time zones within that theater. Table B
does not include the term “home base” and allows the carrier to use lo cal time for Table B. For example, using the above example, assume the pilot has exceeded 60 degrees
when he arrives in L HR and is free of duty for 36 hours, thereby acclimated to a new theater. After 12 hours of rest the pilot deadheads to CDG and over the next three days operates flights between CDG and BOS. The pilot’s basis for start of an operation in
Table B is the local time in CDG

.



### 6. Section 117.15 Flight duty period: Split duty For an unaugmented operation only, if a flightcre w member is provided with a rest opportunity (an opportunity to sleep) in a suitable accommodation during his or her flight duty period, the time that the flightcrew member spends in the suitable accommodation is not part of that flightcrew member’s flight duty period if all of the following conditions are met: (a) The rest opportunity is provided between the hours of 22:00 and 05:00 local time. (b) The time spent in the suitable accommodation is at least 3 hours, measured from the time that the flightcrew member reaches the suitable accommodation. (c) The rest opportunity is scheduled before the beginning of the flight duty period in which that rest opportunity is taken. (d) The rest opportunity that the flightcrew member is actually provided may not be les s than the rest opportunity that was scheduled. (e) The rest opportunity is not provided until the first segment of the flight duty period has been completed. (f) The combined time of the flight duty period and the rest opportunity

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

4 a. Question : Can the maxi mum split duty 14 hour limit in paragraph (f) be extended (the
same as FDP limits can be extended )?



### 7. Section 117.17 Flight duty period: Augmented flightcrew (d) No certificate holder may assig n and no flightcrew member may accept an assignment involving
more than three flight segments under this section.

a. Question: Is the 3 leg limit in paragraph (d) a hard limit, with no extensions?

a. For example, if a carrier reaches the augmented FDP 3 Leg limi t in paragraph (d) and you divert, can the crew continue to the final destination, which would essentially mean a 4th leg?



### 8. Section 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.

* * * * 4) Each certificate holder must report to the Administrator within 10 days any flight duty period that exceeded the maximum flight duty period permitted in Tables B or C of this part by more than 30 minutes.

* * * * (b) For augmented and unaugmented operations, if unforeseen operational circumstances arise after takeoff: (1) The pilot in command and the certificate holder may extend maximum flight duty periods specified in Tables B or C of this part to the extent necessary to safely land the aircraft at the next destination airport or alternate airport, as appropriate. (2) An extension of the flight duty period under paragraph (b)(1) of this section of more than 30 minutes

may occur only once prior to receiving a rest period described in § 117.25(b).

a. Confirm that carriers can develop procedures or use existing procedures for acknowledging joint responsibility between pilots and carriers for FDP extensions over

30 minutes.

b. Question: Paragraph (b)(2) after takeoff extensions, permits one FDP extension over 30 minutes prior to a crew receiving the weekly rest requirements in 117.25(b). What happens if a crew already has one 30+ minute extension but discovers after takeoff the y will need to extend more than 30 minutes?

a. Does this second extension require a diversion?

(4) Each certificate holder must report to the Administrator within 10 days any flight duty period that exceeded the maximum flight duty period limits permitted by Tables B or C of this part. The report must contain a description of the circumstances surrounding the affected flight duty period.

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

5 c. The reporting requirements for FDP pre and post takeoff extensions are inconsistent. Paragraph (a )(4) pre

- takeoff FDP e xtension requires a report if Table B or C is exceeded by more than 30 minutes, paragraph (b)(4 ) post

- takeoff FDP extension requires a report
if Table B or C is exceeded

– and does not include the same 30 minute buffer as permitted for pre

- takeoff reportin g requirements. The preamble indicates this reporting requirement difference was a drafting error. The preamble states: “In addressing unforeseen operational circumstances, it is critical to distinguish those situations that arise prior to takeoff and those that arise after takeoff. Under both

situations , the certificate holder must report to the FAA within 10 days any FDP that exceeded the maximum FDP permitted by Table B or C by more than 30 minutes .” (emphasis added) 1

a. Question: Will FAA issue a tech nical correction to fix this drafting error?



### 9. Section 117.21 Reserve status

a. Question: If a short call pilot is assigned a trip do they have the same FDP extension capabilities as a lineholder?



### 10. Section 117.23 Cumulative duty limitations (a) The limitations of this section include all flying by flightcrew members on behalf of any certificate holder or 91K Program Manager during the applicable periods. (b) No certificate holder may schedule and no flightcrew member may accept an assignment if the f lightcrew member’s total flight time will exceed the following: (1) 100 hours in any 672 consecutive hours and (2) 1,000 hours in any 365 consecutive calendar day period. (c) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member’s total Flight Duty Period will exceed: (1) 60 flight duty period hours in any 168 consecutive hours and (2) 190 flight duty period hours in any 672 consecutive hours.

a. Question: Are these FT or FDP cumulative limits har d limits or can either be extended under any circumstances?

a. Section 117.19(a)(3) does not allow carriers to exceed FDP 117.23(c) before takeoff and is the only discussion of not exceeding these limits.
b. Question: Should the “and” in (b)(1) and (c)(1) be “or ”?

a. For example, if a crew member has less than 1,000 hours in 365 consecutive calendar day period (meaning the 2nd condition or (b)(2) is not met), does the 100 hour restriction in (b)(1) still apply ?



### 11. Section 117.25 Rest period

1 77 Fed. Reg. 370

- 371.

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

6 (a) No certificate hold er may assign and no flightcrew member may accept assignment to any reserve or duty with the certificate holder during any required rest period.

i. Confirm that paragraph (a) does not apply to “long call reserve” because long call reserve does not include an assignment, which is a condition of paragraph (a).

(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.

ii. Confirm that carriers can require a pilot to check a calendar during the 30 hour period break for an assignment.

(c) If a flightcrew member operating in a new theater has received 36 consecutive hours of rest, that flightcrew member is acclimated and the rest period meets the requ irements of paragraph (b) of this
section. (d) If a flightcrew member travels more than 60° longitude during a flight duty period or a series of flight duty periods that require him or her to be away from home base for more than 168 consecutive hours, the flightcrew member must be given a minimum of 56 consecutive hours rest upon return to home base. This rest must encompass three physiological nights’ rest based on local time.

iii. Confirm the 60 degrees of longitude requirement in paragraph (d) means 60 degre es in one
direction.

a. For example, 30 degrees east and 30 degrees west of a flightcrews’ home base in one FDP would not trigger this provision.

iv. Confirm that p aragraph (d) requires 60 degrees of travel in one direction and 168 consecutive hours away from the flightcrew member’s home base to trigger t he 56 consecutive hours of rest requirement.

(e) No certificate holder may schedule and no flightcrew member may accept an assignment for any reserve or flight duty period unless the flightcrew member is given 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 released from duty . The 10 hour rest period must provide the flightcrew member with a minimum of 8 uninterrupted hours of sleep opportunity

.

v. Confirm the 8 hour opportunity for rest require ment in paragraph (e) does not eliminate the one phone call rule.

vi. Question: Can an in terruption not from the carrier (i.e. hotel fire alarm) interrupt the 8 hour uninterrupted re st requirement in paragraph (e)?

vii. Confirm that a carrier can require a pilot to check text, email, or calendar during the 10 consecutive hours or 8 hours of sleep opportunity in paragraph (e).

viii. Confirm that the earliest point that rest will begin is at the time of release from duty.

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

7 (f) If a flightcrew member determines that a rest p eriod under paragraph (e) of this section will not provide eight uninterrupted hours of sleep opportunity, the flightcrew member must notify the certificate holder. The flightcrew member cannot report for the assigned flight duty period until he or she rec eives a rest period specified in paragraph (e) of this section.

ix. Question: D oes the flightcrew member have to call the carrier if a required rest period is interrupt ed or does the flightcrew member have discretion?

i. Example: Carrier provides a flightcrew member 10 hour opportunity to sleep , which includes 8 hours without interruption

, the flightcrew member checks into a hotel with 8:15 remaining in the rest period, a fire alarm and evacuation occurs for 1 hour before a

FDP
, must the pilot notify the carrier that he/she did not get 8 hours of uninterrupted
rest?

x. The text in 117.25(b) & (e) and 117.25(f) are inconsistent. Paragraphs (b) and (e) refer to “...any reserve or flight duty period...” but paragraph (f) states “The flightcrew member cannot report for the assigned duty period...”

i. Question: Is this inconsistent language intentional? Could a flightcrew member begin a reserve period even if the flightcrew member determined he/she did not receive the rest required by paragraph (e)?

(g) 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 paragra ph (e) of this section before beginning a flight duty period.

xi. Question: Can carriers intermix crews that operate under 121 and 117? If yes, what rules apply
to the crew and when?

xii. The definition of rest states “Rest period means a continuous period determ ined prospectively during which the flightcrew member is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.”

a. Confirm that a carrier could call to assign a pilot a trip or a p ilot could request a trip in the following scenario: five hours before departure, pilot A calls in sick for a trip. Pilot B was released from duty at least 10 hours ago, sees that the trip is now available and voluntarily decides to pick up Pilot A’s tri p or the carrier calls to assign Pilot B the trip

. All other duty and rest requirements are met

.



### 12. Section 117.27 Consecutive nighttime operations

A certificate holder may schedule and a flightcrew member may accept up to five consecutive flight duty peri ods 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

## Airlines for America Revised FDT Final Rule Clarifyi ng Questions

June 4, 2012

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### 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. For purposes of this section, any split duty rest that is provided in accordance with § 117.15 counts as part of a flight duty period.

a. Confirm that sectio n 117.27 only applies to Table B.
b. Confirm that section 117.27 only applies to operations that begin before and operate into the WOCL and for FDPs that begin before the WOCL and end after the WOCL.

13. Implementation

i. Can carriers implement any portion of part 117 before the effective date (i.e. even parts that are more restrictive than current rules)?

Please send any correspondence regarding these questions to:

Paul Railsback Director, Operations Airlines for America prailsback@airlines.org 1301 Pennsylvania Ave, NW, Suite 1100 Washington, DC 20004 202.626.4012