Stamper-COMAIR 2010

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U.S. Deportment of Transportation Federal Aviation Administration SEP 1 3 2010 Mr. Keith Stamper Chief Pilot/Regulatory Compliance COMAIR, Inc.

77 Comair Blvd.

Erlanger, KY 41018

Dear Mr. Stamper,

Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591 This letter is in response to your request for a legal interpretation submitted on May 14, 2010 regarding the definition of "24 consecutive hours" as used in the rest provisions of 14 C.F.R. § 12 l .47l(d). Specifically, you asked whether "24 consecutive hours" may span across two different calendar days or is limited to a single calendar day. Section 121.471 ( d) states that"[e]ach certificate holder conducting domestic operations shall relieve each flight crewmember engaged in scheduled air transportation from all further duty for at least 24 consecutive hours during any 7 consecutive days." The FAA has consistently interpreted the term "24 consecutive hours" as not being limited to a calendar day. Depending on the particular factual situation, the 24-consecutive hour rest period could begin on one calendar day and end on the next calendar day. See Legal Interpretation to James W. Johnson from Rebecca B. MacPherson, Assistant Chief Counsel of Regulations (July 25, 2005); see also Legal Interpretation to John C. Lenahan from Edward P. Faberman, Acting Assistant Chief Counsel of Regulations and Enforcement (November 7, 1979). Without additional information regarding the pilot's actual flight time over the course of the ?-consecutive day period, we are unable to determine for certain whether your example would comply with the requirements of §121.471. However, it may be feasible for a pilot to be released from all obligations to the company from 1500 hours on Wednesday to 1500 hours on Thursday and satisfy the rest requirements of§ 121.4 71 (d). This response was prepared by Anne Bechdolt, Acting Manger of the Operations Law branch in the Regulations Division of the Office of the Chief Counsel, and was coordinated

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with the Air Transportation Division of Flight Standards Service. Please contact us at (202) 267-3073 if we can be of further assistance.

Sincerely,

Re~t:-¥JL.

Assistant Chief Counsel, Regulations Division