FAR 117 at a Glance:

• Domestic/international distinction removed.
• Legal to start/legal to finish goes away. Most limits become hard limits prospectively. This means if you project that you will exceed your limitation, you may not take off, even if the delay occurs afteryou have left the gate. Example: You encounter a lengthy delay at the deice pad. You now project to be over your limit. You will have to return to the gate.
• Old calendar based limits will go away. “Rolling limits,” primarily by the hour, will replace them.
• 30 consecutive hours free in 168 hours replaces the current 24 hours off every 7 days.
• 1,000/calendar year becomes 1,000 hours in 365 consecutive days.
• 100 hours a month becomes 100 hours in 672 consecutive hours.
• International flight-time limits are replaced.
• 60 hours max FDP (flight duty period) hours in rolling 168 hours replaces “30-7” and “32-7.” 190 FDP hours in a rolling 672 hours (28 days).
• 10 hours’ rest mandatory prior to the beginning of a FDP (except while on short call) or short-call RAP.
• A “FDP” ends at block-in. A PWA duty period still ends at block-in +30 minutes.
• Consecutive night-time operations restrictions: 3 FDPs during window of circadian low (0200 to 0559 acclimated time) if rest periods are not provided. 5 FDPs if 2 hours’ rest is provided in a suitable accommodation during each FDP.
• LATTs are computer-generated and may be inaccurate. Trust but verify!
• DH segments only count as FDPs if they occur prior to a flight segment; all DH segments still count as part of the PWA duty period.
• Any FDP extension requires mutual agreement between the dispatcher and the PIC. An FDP extension > 30 minutes up to 2 hours may only occur once before each pilot receives 30 hours of rest (and may only occur by mutual agreement between the dispatcher and PIC). While the other pilots have to individually certify fitness for duty, only the PIC must agree. If other pilot crewmembers decide that they’d rather not extend and the PIC has agreed to, then they would technically be required to use the fatigue policy, and all that entails, to get off the flight. We urge the PIC of every flight to take into consideration the fitness of the entire crew before agreeing to an extension.
• Company plans to build layovers with a 30–60-minute buffer to the new 10-hour minimum. The 10 hour minimum is non-reduceable.
• Company plans on managing the hard limits by “proactive rerouting.” Remember that the PWA restricts the use of reroute to two specific instances—an IROPS (which include FAR conflict) and rerouting into open time after green slips have been exhausted. An FAR conflict is an actual violation showing on your rotation or line. Getting close to a violation is not in itself an IROP, and you may not be rerouted into other flying simply because you are coming close to exceeding an FAR limitation. Also, circumstances permitting, the Company is required to “endeavor” to cause the least disruption to the smallest number of pilots and to return the rerouted pilots to their original rotation. The bottom line is that the Company is not free to reroute a pilot for any reason. We recommend that, if you are rerouted, you remain vigilant for the cause and the legality of your reroute. Report your experiences to your reps!
• Minimum rest layovers will be buffered.
• International layovers may increase to permit “acclimatization.”
• Significant changes to reserve, including max SC of 14 hours max 7 SCs, and notification procedures.
• The same rest mentioned in the previous bullet also applies to crews traveling more than 60 degrees longitude and who are away from base for more than 168 hours.
• All rest begins at the block-in of the last leg, including DH legs, regardless if the pilot makes the choice to deviate.
• The “ALPA PART 117 Calculator” app is available for the iPhone/iPad and Android. It’s a simple but helpful tool and, after a rough start, it’s much improved! It can be found in the App Store/Google Play Store.

As a reminder, the Scheduling Reference Handbook has been updated to include all relevant information for FAR Part 117 and includes the new rules and a quick reference guide. It is available for download now from the MEC web site.

See also the “FAR part 117 resource page” on Delta.net

 

Rest vs. Sleep Opportunity and the “One Phone Call” Rule

FAR 117.25(e) says, “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. That rest must provide the pilot with a minimum of eight uninterrupted hours of sleep opportunity.”

 

The FAA clarified that the well known “one phone call” rule is still in effect. A phone call from the company may be voluntarily answered by the pilot and will not be considered to have interrupted the pilot’s required rest period (10 hours or 30 hours). However, the FAA also clarified that the phone call may interrupt the sleep opportunity required by 117.25(e). The pilot himself makes the determination of whether or not his sleep opportunity was interrupted by the call. If it was, he has an obligation to notify the company that his sleep opportunity was interrupted and he will require a new, prospective, rest period of at least 10 hours that must again provide a minimum of 8 uninterrupted hours of sleep opportunity before beginning any FDP or short call period.

 

Report Time Changes

If you are notified prior to report that your departure time and your report time are delayed, you will be in one of three situations.

1.    You do not acknowledge the notification until at or after the original report time. In this case, you have reported and begun your FDP. The Company cannot change the report time. They could end the FDP, give you another 10 hour rest period, and schedule you for a new FDP. If the new FDP infringes on your WOCL, the FAR requires 12 hours’ notice. Your WOCL is defined as 0200-0559 acclimated time.

Note: PWA break in duty requirements may be more restrictive and would apply prior to any new duty period. (Refer to PWA Section 12 G.)

2.    You acknowledge the new report time 10 hours or more prior to the new report time. In this case, you will use the new report time as the start of your FDP and you will be in rest for a minimum of 10 hours prior to the new report time. Apply Table B or Table C using the new report time to determine your FDP limit. If the new FDP infringes on your WOCL, the FAR requires 12 hours’ notice.

3.    You acknowledge the new report time prior to the original report time and less than 10 hours prior to the new report time. If, in your opinion, your sleep opportunity was interrupted, notify the Company. You will need an additional 10 hours of rest prior to beginning any FDP. If your sleep opportunity was not interrupted, you will treat the original report time as if it were the start of a short call period, for FAR purposes only. The time between the original report time and the new report time will be considered a RAP under the new FAR. You will use the new report time as the start of your FDP, and you will use that time to enter Table B or Table C. Your FDP must end no later than the earlier of:

• ·         New report time plus FDP limit from Table B or Table C
• ·         Original report time plus:

§  Table C value plus 4 hours (augmented crew)

§  Table B value plus 4 hours, not to exceed 16 hours max (unaugmented crew)

 

23K Recovery Rules Under FAR Part 117

If you have been removed from your scheduled rotation and are subject to recovery obligations, the Company may assign recovery flying according to Section 23K of the PWA. The PWA rules for recovery flying have not changed. There are some new considerations under FAR Part 117 if the recovery flying begins with a Flight Duty Period (not deadhead only.) There are several possibilities:

• ·         You did not acknowledge removal from the original rotation prior to the original report time and you have reported at the originally scheduled time. Follow number 1 above.
• ·         You acknowledged removal from the original rotation and the assignment of recovery flying more than 10 hours prior to the report time of the recovery flying. Follow number 2 above.
• ·         You acknowledged removal from the original rotation prior to the original report time and the assignment of recovery flying less than 10 hours prior to the report time of the recovery flying. Follow number 3 above.
• ·        You acknowledged removal from the original rotation more than 10 hours prior to original report time, but have not been assigned recovery flying yet. If the Company subsequently attempts to contact you prior to the original report time for the purpose of assignment of recovery flying, you may voluntarily answer that call and accept the assigned recovery flying. If you acknowledged the recovery flying more than 10 hours prior to the new report time, follow number 2 above. If you acknowledged the recovery flying less than 10 hours prior to the new report time, follow number 3 above. If you have not acknowledged recovery flying prior to the original report time, you must be promptly available for assignment for six hours beginning at the original report time. For FAR purposes, those six hours will be treated as Reserve Availability Period (RAP). The time between the original report time and the new report time will be considered a RAP under the new FAR. You will use the new report time as the start of your FDP, and you will use that time to enter Table B or Table C. Your FDP must end no later than the earlier of:
  • ·         New report time plus FDP limit from Table B or Table C
  • ·         Original report time plus:

§  Table C value plus 4 hours (augmented crew)

§  Table B value plus 4 hours, not to exceed 16 hours max (unaugmented crew)

• ·         You acknowledge removal from the original rotation less than 10 hours prior to original report time, but have not been assigned recovery flying yet.

o   If you determine your sleep opportunity was interrupted, notify the Company. You will need an additional 10 hours of rest prior to beginning any FDP or recovery window.

o   If your sleep opportunity was not interrupted, you will be required to be promptly available for six hours beginning at the original report time, and those six hours will be treated as if they were a short call period for FAR purposes only. If you are called during that six hour window and assigned recovery flying with a scheduled report time that is more than 10 hours from acknowledgment of the recovery flying, follow number 2 above. If you are called during that six hour window and assigned recovery flying with a scheduled report time less than 10 hours from acknowledgement of the recovery flying, the time between the original report time and the new report time will be considered a RAP under the new FAR. You will use the new report time as the start of your FDP, and you will use that time to enter Table B or Table C. Your FDP must end no later than the earlier of:

§  New report time plus FDP limit from Table B or Table C

§  Original report time plus:

§  Table C value plus 4 hours (augmented crew)

§  Table B value plus 4 hours, not to exceed 16 hours max (unaugmented crew)

In-flight Rest Requirements for Augmented Crews

There are new requirements for in-flight rest for augmented crews.

• ·         Two consecutive hours must be available in the second half of the flight duty period (not the second half of the flight) for in-flight rest for the pilot flying the aircraft during landing, and
• ·         Ninety consecutive minutes must be available for in-flight rest for the pilot performing monitoring duties during landing.

To determine the midpoint of an FDP with one flying segment, add the time from report to takeoff to the planned flight time plus the planned taxi-in time to determine the length of the FDP. Add half of that time to the report time to determine the midpoint of the FDP. The pilot landing should plan for a minimum of two consecutive hours of in-flight rest after that point. The pilot monitoring during landing should plan for a minimum of ninety consecutive minutes of in-flight rest any time during the flight. There are no FAR requirements for in-flight rest for the relief pilot(crew).

30-hour rest requirement

Each pilot is required to have 30 consecutive hours free of duty in the 168 (7 days) hours preceding the start of any short call period or FDP. These 30 consecutive hours cannot contain performance of any duty required by the company.

The 30-hour rest must be prospective in nature. A pilot who has begun a rest period that is scheduled for less than 30 hours cannot meet this requirement by extending the rest unless the new rest ends at least 30 hours after acknowledgement of the extension.

Less than 10 hours rest – what should you do?

FAR 117.25(e) requires a minimum of 10 hours rest prior to the start of a short call period or an FDP. The requirement for 10 hours of rest is inviolable, and cannot be shortened.

Note: A short call pilot does not require 10 hours of rest prior to the start of an FDP that was scheduled as a short call reserve assignment and has a scheduled report time during his short call period.

 

If you encounter delays that reduce your rest to less than 10 hours, and your next duty period is not a deadhead only duty period, notify Crew Tracking that you are no longer legal for your planned schedule. You must receive 10 hours of rest prior to your next FDP and the rest must be prospective in nature. That means you must know about the new rest period and acknowledge it before it begins. By FAR, it is not permissible for you to accept an FDP if your preceding rest period was shorter than 10 hours. If you cannot get through to Crew Tracking, remember that a legal 10 hour rest period cannot begin until it is scheduled and acknowledged. Other options include a call to Crew Scheduling, the OCC Duty Pilot or the Chief Pilot.

 

The PWA allows the report time to be delayed and the time between report and pushback to be reduced by up to 30 minutes, with pilot concurrence, in order to achieve the required FAR rest.

 

What if I deviate from deadhead?

A pilot who deviates from a scheduled deadhead segment, either at the beginning or at the end of a rotation, will be treated for FAR purposes as if he had actually travelled on the scheduled deadhead segment(s). The time during the scheduled deadhead will not be considered rest. The scheduled deadhead segment(s) will be used to determine the pilot’s theater and acclimation status, as if he had actually travelled on the scheduled deadhead.

Reserve Assignments

Negotiations continue concerning FAR 117 but until there is an agreement the current PWA provisions regarding notice and acknowledgement of reserve assignments remain in effect. As a result of the implementation of the new FAR 117, a conflict has arisen regarding the application of the PWA in some situations; specifically in those cases where a pilot attempts to acknowledge a reserve assignment more than three but less than 10 hours prior to report.

 

The Company’s recent All Pilots Bulletin on this subject sets out a method for acknowledging a reserve assignment that allows a pilot to both acknowledge the assignment and to comply with the new rest requirements of the FAR. Pilots may choose to acknowledge in this manner (i.e., more than 10 hours before the reserve assignment) consistent with the current PWA language. Additionally, as stated in their bulletin, the Company has committed to do everything possible to assign flying at least 16 hours prior to report.

 

Pilots acknowledging in more than three but less than 10 hours are also in compliance with current PWA Section 23 S. 6. b.1). The Company, however, has a different view and has stated that in this circumstance, they may remove the pilot from the trip, not pay the pilot for the reserve day (place a PD on the pilot’s schedule) and require him/her to discuss the situation with their chief pilot.

 

The FAR is very clear in Part 117.25 (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 eight uninterrupted hours of sleep opportunity.” Pilots who acknowledge a reserve assignment more than three but less than 10 hours prior to report should contact Crew Scheduling and notify them that they are not legal to accept the assignment.

 

Pilots in this position should promptly contact ALPA Contract Administration (1-800-USA-ALPA during normal business hours or their LEC representative outside of normal business hours). It is our intention to enforce the PWA and to vigorously represent pilots in these circumstances.