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FAQ – Rest Requirements	FAQ – Daily Flight Duty Time Limitations Split Duty.

This new section sets forth the limits on the number of FDPs that may be extended; implements reporting requirements for affected FDPs; and distinguishes extended FDPs due to unforeseen operational circumstances that occur prior to takeoff from those unforeseen operational circumstances that arise after takeoff.

Q36) Is it permissible to exceed the scheduled flight duty time limitation by more than 2 hours, if extension is known before takeoff?

A36) No, this will be a violation of 117.19(a)(1).

Q37) Is it permissible to exceed the scheduled flight duty time limitation if a flightcrew member will exceed the cumulative FDP limits in 117.23(c) (1) or (2), if extension is known before takeoff?

A37) No, this will be a violation of 117.19(a)(3).

Q38) Is it permissible to exceed the scheduled flight duty time limitations by more than 30 minutes if extension is known before takeoff?

A38) Yes, provided the PIC and the certificate holder concur (117.19(a)(1) refers)

Authors Note:

Both the PIC and Certificate holder need to agree, although the PIC will have the ultimate authority, the Certificate holder would still need to determine if it is safe to perform the flight within the prescribed limitations, inform the PIC, and both must agree as to the course taken. Both the Certificate holder and the PIC are responsible for the safety of the passengers, to not consider this aspect could be interpreted as a violation of FAR 91.13(a).

FAR 91.13   Careless or reckless operation.

(a)    Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.

The FAA has also advised that a pilot simply taking the flight in an extended FDP is concurrence.  No need for the carrier to ask the pilot and no need for the pilot to affirmatively state.

Q39) Is it permissible to exceed the scheduled flight duty time limitations by more than 30 minutes, if extension is known before takeoff, more than once in a 168 hr period prior to receiving a rest period required under 117.25(b)?

A39) No, 117.19(a)(2) provides: An extension in the flight duty period under paragraph (a)(1) of this section of more than 30 minutes may occur only once prior to receiving a rest period described in 117.25(b)

Q40) What are the responsibilities of the certificate holder should the scheduled flight duty time limitations stipulated in 117.19(a) be exceeded by more than 30 minutes, when the extension was known before takeoff and permitted to operate?

A40) The certificate holder 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 (117.19(a)(4) refers), and, must implement the corrective action(s) reported in paragraph (a)(4) of this section within 30 days from the date of the extended flight duty period.(117.19(a)(5) refers)

Q41) Is it permissible to exceed the scheduled flight time limitations when then extension was not anticipated before takeoff?

A41) Yes, 117.19(b)(1) permit such extensions to the extent necessary to safely land the aircraft at the next destination airport or alternate airport, as appropriate, however, any extension greater than 30 minutes may occur only once prior to receiving a rest period described in § 117.25(b).

Q42) What are the responsibilities of the certificate holder should the scheduled flight duty time limitations stipulated in 117.19(b) be exceeded by more than 30 minutes?

A42) The certificate holder 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 (117.19(b)(4) refers).

Q43) What is defined as an unforeseen circumstance besides maintenance or unforeseen weather, Would any of the following count as an unforeseen circumstance, late passengers due to TSA delays, late fueling, and what other factors would fall into this category?

A43) 117.3 Definitions provides

Unforeseen operational circumstance

means an unplanned event of insufficient duration to allow for adjustments to schedules, including unforecast weather, equipment malfunction, or air traffic delay that is not reasonably expected.

Diversions are also not foreseen, the FAA has clarified questions regarding an increase in the permitted number of flights within a FDP (117.13/117.17) as follows:

• Accordingly, because there was no intent to treat diversions as flight segments, a diversion does not constitute a new flight segment for purposes of part 117.
• Accordingly, a diversion would not count toward the 3-segment limit that applies to augmented operations.

Author’s interpretation:

TSA, Late Fueling, would fall into this category, as would Pax with special needs for boarding (wheelchair assistance or stowing of carry-on baggage into the belly. The intent is to be able to identify those situations affecting the certificate holder that can or cannot be reasonably foreseen. If a delay before takeoff will cause a flightcrew member to exceed any of the permitted limitations in part 117 the flight may not continue.

Q44)  How do I determine whether a FDP may be extended to 2:00 or only to 0:30?

A44)   At time of report for the FDP assigned, look back 168:00, if any FDP ending within that 168:00 lookback has been extended by more than 0:30, and NO intervening rest period greater than or equal to 30:00 can be found, the FDP may only be extended up to 0:30, before takeoff. (117.19(a)(1) and (2) refers.

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.

(2)    An extension in the flight duty period under paragraph (a)(1) of this section of more than 30 minutes may occur only once prior to receiving a rest period described in § 117.25(b).

(3)    A flight duty period cannot be extended under paragraph (a)(1) of this section if it causes a flightcrew member to exceed the cumulative flight duty period limits specified in 117.23(c).

(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. The report must contain the following:

(i)     A description of the extended flight duty period and the circumstances surrounding the need for the extension; and

(ii)    If the circumstances giving rise to the extension were within the certificate holder’s control, the corrective action(s) that the certificate holder intends to take to minimize the need for future extensions.

(5)    Each certificate holder must implement the corrective action(s) reported in paragraph (a)(4) of this section within 30 days from the date of the extended flight duty period.

(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).

(3)    An extension taken under paragraph (b) of this section may exceed the cumulative flight duty period limits specified in 117.23(c).

(4)    Each certificate holder must report to the Administrator within 10 days any flight duty period that either exceeded the cumulative flight duty periods specified in 117.23(c), or exceeded maximum flight duty period permitted in Tables B or C of this part by more than 30 minutes. The report must contain the following:

(i)            A description of the extended flight duty period and the circumstances surrounding the need for the extension; and

(ii)           If the circumstances giving rise to the extension were within the certificate holder’s control, the corrective action(s) that the certificate holder intends to take to minimize the need for future extensions.

(5)           Each certificate holder must implement the corrective action(s) reported in paragraph (a)(4) of this section within 30 days from the date of the extended flight duty period.

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FAQ – Rest Requirements	FAQ – Daily Flight Duty Time Limitations – Split Duty.