Phelan-PPA Global Energy 2014

Section 117.25(a) prohibits a certificate holder from assigning, and a flightcrew member from accepting, an "assignment to any reserve or duty with the certificate holder during any required rest period." The term "duty" is defined for purposes of part 117 as meaning "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." 14 CFR §117.3 (emphasis added). In addition, the term "rest period" is defined as "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." Id In a legal interpretation issued on May 13, 2014, we addressed a similar issue regarding whether a pilot may be "contractually obligated [by an air carrier] to check [his/her] schedule and acknowledge a reserve assignment" during a rest period. See Legal Interpretation from Mark W. Bury, Assistant Chief Counsel for International Law, Legislation, and Regulations, to Captain John McFadden (May 13, 2014). As we indicated therein, when the obligation arises for a pilot to check a schedule and acknowledge a reserve assignment, "that pilot ceases to be free from all restraint by the certificate holder at that time." Id. We noted further that "a requirement to check a schedule or acknowledge a trip assignment is duty and not rest even when the requirement is imposed by a collective bargaining agreement." Id; see also Clarification of Flight, Duty, and Rest Requirements, 78 Fed. Reg. 14166, 14168 (Mar. 5, 2013).