Wykoff-ALPA 2014

Page 1

U.S. Department of Transportation Federal Aviation Administration Nov· -5 2014 Do11 Wykoff Air Line Pilots Association, Int'l 535 Herndon Parkway P.O. Box 1169 Herndon, VA 20172-1169 Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591

Re: Calculation of Cumulative Flight Time Limitations Under 14 C.F.R. § 117.23(a)

Dear Mr. Wykoff,

We are in receipt of your request for an interpretation of 14 C.F.R. § 1l7.23(a) as it relates to applying the limitations in § 117 .23 to "all flying by flightcrew members on behalf of any certificate holder or 91K Program Manager during the applicable periods." Your letter specifically asks whether it is correct that flying for compensation or hire that is not performed for a certificate holder or 91 K Program Manager is not required to be included in the cumulative limitation calculation under§ 117.23. The answer to your question is yes, the time would not be counted as part of the flightcrew member's cumulative flight time limitations, so long as there was no connection between a certificate holder or 91 K Program Manager and the person or entity that the other flying was performed on behalf of. The FAA notes that while this :flying would not be included in the cumulative flight time limitations of the flightcrew member, § 117.5 requires an affirmative certification of fitness for duty prior to any :flight segment conducted under pait 117, regardless of whether the other flying was conducted on behalf of a certificate holder or 91K Program Manager.

We appreciate your patience and trust that the above responds to your concerns. If you need fmther assistance, please contact my staff at (202) 267-3073. This letter has been prepared by Robert H. Frenzel, Manager, Operations Law Branch, Office of the Chief Counsel and coordinated with the Air Transpo1tation Division of Plight Standards Service.

' s?:/iJ~,/l;;·;:r.:'-t?t?."3'f...-rJ-.~--·./ tmi ·y v{, Assistant Chief Counsel fl .· International Law, Legislation and Regulations, AGC-200