Airlines for America

FDT Final Rule Clarifying Questions

April 24, 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 agreement 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 opportunity.

(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 revised AC-121-31 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.
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FDT Final Rule Clarifying Questions

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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 directly 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 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 training 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 show up to the airport and day of weather 

conditions indicate that the flight will 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 effect? Seasonally, etc.?

5. Section 117.13 Flight duty period: Un-augmented operations.

(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.
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FDT Final Rule Clarifying Questions

April 24, 2012

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a. Question: Table B bases the length of a Flight Duty Period (FDP) on the number of

segments, if a diversion occurs in a non-augmented flight does this now count as a 

segment towards 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 the 

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? 

6. Section 117.15 Flight duty period: Split duty

For an unaugmented operation only, if a flightcrew 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 less 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

a. Question: Can the maximum split duty 14 hour limit in paragraph (f) be extended (the 

same as FDP limits can be extended) because an extension in 117.15 is not specifically 

prohibited.

7. Section 117.17 Flight duty period: Augmented flightcrew

(d) No certificate holder may assign 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 limit 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:
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FDT Final Rule Clarifying Questions

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(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. 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 they 

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.

b. The reporting requirements for FDP pre and post takeoff extensions are inconsistent. 

Paragraph (a)(4) pre-takeoff FDP extension 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 reporting 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 technical 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? 

 

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77 Fed. Reg. 370-371.
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FDT Final Rule Clarifying Questions

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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 

flightcrew 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 hard 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

(a) No certificate holder 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 requirements 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.
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FDT Final Rule Clarifying Questions

April 24, 2012

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iii. Confirm the 60 degrees of longitude requirement in paragraph (d) means 60 degrees 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 paragraph (d) requires 60 degrees of travel in one direction and 168 consecutive 

hours away from the flightcrew member’s home base to trigger the 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 requirement in paragraph (e) does not eliminate the 

one phone call rule.

vi. Question: Can an interruption not from the carrier (i.e. hotel fire alarm) interrupt the 8 hour 

uninterrupted rest 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).

(f) If a flightcrew member determines that a rest period 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 receives a 

rest period specified in paragraph (e) of this section.

viii. Question: Does the flightcrew member have to call the carrier if a required rest period is

interrupted 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?

ix. 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)? 
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FDT Final Rule Clarifying Questions

April 24, 2012

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(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 paragraph (e) of this section before 

beginning a flight duty period.

x. Question: Can carriers intermix crews that operate under 121 and 117? If yes, what rules apply 

to the crew and when?

xi. The definition of rest states “Rest period means a continuous period determined 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 pilot 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 trip or the carrier calls to assign Pilot B the trip. 

All other duty and rest requirements are met. 

12. 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