Updated ALPA FTDT FAR 117 Guide – Feb 2015

ALPA has updated the reference material for FAR 117.

ALPA FTDT FAR 117 Guide Feb2015

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Short-Call Reserve / RAP and Extended FDP

Short-Call Reserve / RAP and Extended FDP.

Keeping the FDP clock running

The FAA released another letter of interpretation 16-Jun-2014.

This letter addresses volunteer flying by a FCM, and conversion from DHD.

Tutt – (2014) Legal Interpretation

 

Examples for FCM kept on FDP after arrival.

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.

 

FAR Part 117 Update – Cumulative Limitations

The FAA issued an official interpretation last week which clarified the rules for
implementation of cumulative flight time and FDP limits. Flight time and FDP hours will be counted forPart 117 beginning with the first FDP that has a report time after midnight local time on January 4th, 2014. Hours flown on any duty period that has a report time earlier than midnight local time on January 4th, 2014 will not be counted toward Part 117 cumulative limits for flight time or FDP hours.
 
This is how Delta Airlines is advising their crewmembers of the clarification from 28-Nov-2013.
 

FAA may change cumulative duty limitations again.

In November 2012 at a meeting at the A4A offices the FAA was asked:

Question:  Confirm that the flight time 1,000 hour in 365 consecutive calendar day cumulative limit begins on January 4, 2014, so that the initial 365 day period under part 117 will run from January 4, 2014 to January 4, 2015.  This is important because up until January 4, 2014, carriers will be complying with the current limits – 1,000 hours in a calendar year.  
 
FAA Answer: No, on January 4, 2014  the FAA will expect carriers to look back 365 days to January 4, 2013 for this cumulative limit.

Here is the extract from the 05-Mar-13 Letters of clarification.
If we look at the applicability section we find:

II.Discussion
A. Applicability
iii. Part 91 Flights

We note, however, that the cumulative limitations set out in 117.23 include “all flying by flightcrew members on behalf of any certificate or 91K Program Manages.”  Thus, even if a part 91 flight is not operated pursuant to part 117, that flight still counts for the purposes of the cumulative limitations of part 117 if it is flown on behalf of a certificate holder or 91K program Manager.

Since that time I have become aware that the FAA has been verbally advising air carriers the following:

On 4 January 2014 Part 117 limits begin. Part 117 is not retroactive. Therefore, we cannot hold you to any limit of part 117 prior to 4 January 2014. The look back begins on 4 January 2014 with a 10-hour rest look back. Now, this does not apply if you are doing early implementation. In this case your early implementation date would be your effective date; thus, the limitations begin on that date.

In essence, all flight operations that have been attributed to pre-part 117 operations will not count towards the cumulative limits under part 117. To put it another way the look back periods (168 hrs / 672 hrs and 365 calendar days ) for any of the cumulative limitations will not begin earlier than 00:00 04-Jan-2014.

The FAA through the Chief Counsels Office and Aviation Inspectors Office are working up a final explanation.

Re-Scheduling FDP start time

I added guidance for re-scheduling FDP start times in accordance with the FAA letters of clarification from 05-Mar-2013.

Understanding FAR Part 117 v 1.7

I also updated the powerpoint presentation to include the same information.

FAA Flight Crewmember Duty and Rest Requirements FNPRM v1.13