I have created a series of examples to aid in explanation of the following FAA letters of clarification:

Anderson-Teamsters357 – (2014) Legal Interpretation and A4A – ALPA full letter final (4) (Question 7).

 

Assumptions applied to the examples:

• The Flightcrew Member (FCM) is in an acclimated state.
• The FCM was not assigned via any reserve process.
• The FDP operates with 2 FCM.
• The Times depicted are in Local Time.
• The Cumulative FDP limits and Cumulative Flight Time limitations in 117.23, will not be exceeded.
• The preceding rest period is 48:00.

 

Example #1

Report	7:00	Scheduled FDP
							Elapsed FDP
Flight	Dep		Arr		Block	Table B
1	LGA	8:00	DCA	9:00	1:00	14:00	2:00
2	DCA	10:45	LGA	11:45	1:00	14:00	4:45
3	LGA	12:30	DCA	13:30	1:00	13:00	6:30
4	DCA	14:15	LGA	15:15	1:00	13:00	8:15
Report	15:30

 

The FCM is scheduled within all the limitations of FAR 117 (117.11, 117.13).

 

Example #2

Report	7:00	Re-Scheduled FDP
							Elapsed FDP
Flight	Dep		Arr		Block	Table B
1	LGA	11:00	DCA	12:00	1:00	14:00	5:00	Delayed
2	DCA	12:45	LGA	13:45	1:00	14:00	6:45	Delayed
5	LGA	17:00	BOS	18:00	1:00	13:00	11:00
6	BOS	18:45	LGA	19:45	1:00	13:00	12:45
Report	20:00

 

Since the FCM is unable to operate the last two flights in Example #2, the FCM is now re-scheduled to operate Flights 5 and 6. This is legal, since the crewmember is within the schedule limitations under 117.13. It should be noted that the re-computation of the FDP limits in 117.13 due to the re-schedule is required.

 

 

Example #3

Report	7:00	Flightcrew member kept on FDP
							Elapsed FDP
Flight	Dep		Arr		Block	Table B
1	LGA	11:00	DCA	12:00	1:00	14:00	5:00	Delayed
2	DCA	12:45	LGA	13:45	1:00	14:00	6:45	Delayed
FDP	LGA	13:45	LGA	17:00		13:00	10:00
Release	17:00

 

In this case again, due to the delay of the first two flights the FCM will not be able to operate the last two flights as depicted in example #1. The FCM is instructed to remain on FDP until 17:00 to await further assignment. At this time the FCM is still accumulating FDP time, this time will be required to be applied towards any further Cumulative FDP limits as stipulated under 117.23 (c) for FDP assignments in the future 168:00 and future 672:00.

 

Example #4

Report	7:00	Flightcrew member kept on FDP Then Scheduled Further Flights
							Elapsed FDP
Flight	Dep		Arr		Block	Table B
1	LGA	11:00	DCA	12:00	1:00	14:00	5:00	Delayed
2	DCA	12:45	LGA	13:45	1:00	14:00	6:45	Delayed
FDP	LGA	13:45	LGA	17:00		13:00	10:00
5	LGA	17:00	BOS	18:00	1:00	13:00	11:00
6	BOS	18:45	LGA	19:45	1:00	13:00	12:45
Report	20:00

 

The further assignment of flight time (flights 5 and 6) behaves just like example #2. This is legal, since the crewmember is within the schedule limitations under 117.13. It should be noted that the re-computation of the FDP limits in 117.13 due to the re-schedule is required.

 

 

Example #5

Report	7:00	Flightcrew member kept on FDP Then Scheduled Further Flights
							Elapsed FDP
Flight	Dep		Arr		Block	Table B
1	LGA	11:00	DCA	12:00	1:00	14:00	5:00	Delayed
2	DCA	12:45	LGA	13:45	1:00	14:00	6:45	Delayed
FDP	LGA	13:45	LGA	17:50		13:00	10:50
5	LGA	17:50	BOS	18:50	1:00	13:00	11:50	Delayed
6	BOS	19:20	LGA	20:20	1:00	13:00	13:20	Delayed
Report	20:35

 

Flights 5 and 6 are also delayed, at this point, the crewmember is exceeding the limitations under 117.13, however due to the extensions permitted under 117.19, the continuation of the assignment is legal, as the FDP is permitted to be extended to 15:00.

 

Example #6

Report	7:00	Flightcrew member kept on FDP Then Scheduled Further Flights
							Elapsed FDP
Flight	Dep		Arr		Block	Table B
1	LGA	11:00	DCA	12:00	1:00	14:00	5:00	Delayed
2	DCA	12:45	LGA	13:45	1:00	14:00	6:45	Delayed
FDP	LGA	13:45	LGA	17:30		13:00	10:30
7	LGA	17:30	DCA	18:30	1:00	13:00	11:30
8	DCA	19:15	LGA	20:15	1:00	13:00	13:15	Illegal
Report	20:30

 

Unlike examples #2 and #4, this FCM has been assigned flights that fall outside the limitations of 117.13. While the FCM could operate flight #7, the FCM could not be scheduled to operate flight #8. This differs from example #5 because in example #5, the FCM was first schedule legal as depicted in example #4, and then was extended under 117.19.