Legal Interpretations
Healy-JeppesenCommercial&MilitaryAviation 2014
Summary
The Question
Does the 12-hour notice requirement for long-call reserve in 14 CFR 117.21(d) apply to any flight duty period that infringes on the window of circadian low?
Background
Jeppesen Commercial & Military Aviation noted that a March 2013 FAA clarification of 14 CFR part 117 required 12-hour notice when a flight duty period infringes on the window of circadian low, wording different from 14 CFR 117.21(d).
The FAA’s Interpretation
No. Because the regulatory text controls, the clarification should be read to require 12-hour notice only when a long-call reserve flightcrew member's flight duty period will begin before and operate into the window of circadian low, as 14 CFR 117.21(d) states. The FAA did not address suggested changes to the 14 CFR part 117 text, which it cannot make in an interpretation.
- Requester
- Healy
- Organization
- JeppesenCommercial&MilitaryAviation
- Issued
- February 14, 2014
- Subjects
- Flight & Duty Time · Definitions
Regulations Cited
- 14 CFR Part 1
- 14 CFR 117.2
- 14 CFR 117.21
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U.S. Department
of Transportation
Federal Aviation
Administration
FEB 14 2014
Garret Healy
Office of the Chief Counsel
Jeppesen Commercial & Military Aviation
3 81 Park A venue South
New York, NY 10016
Dear Mr. Healy:
800 Independence Ave., S.W.
Washington, O.C. 20591
This is in response to your October 9, 2013 e-mail askinF a question about section (G)(i) of a recently-issued FAA clarification of 14 C.F.R. part 117. Our answer to your question is set out below.
Part 117 is a new part in title 14 of the Code of Federal Regulations that will go into effect on January 4, 2014. On March 5, 2013, the FAA issued a document clarifying certain issues with regard to part 117.2 In section (G)(i) of the clarification document, the FAA stated that if a flight duty period "infringes on the window of circadian low (WOCL), § 117.21(d) requires that the flightcrew member receive a 12-hour notice of the change to the FDP start time."3 Your e-mail points out that the regulatory text of§ 117.21(d) uses different phrasing and asks for clarification of this sentence. · Long-call reserve is governed by the regulations in§ 117.21(d). That subsection states that if a flightcrew member on long-call reserve is assigned to a flight duty period (FDP) "that will begin before and operate into the flightcrew member's window ofcircadian low, the fli,f1tcrew member must receive a 12 hour notice of report time from the certificate holder.' We note that the regulatory text provision in § 117.21 (d) is different from the language used in the clarification, as the clarification refers to an PDP that infringes on the WOCL while§ 117.21(d) refers to an FDP that begins before and operates into the WOCL. Because the actual regulatory text in§ 117.21(d) controls the applicability of that subsection, the pertinent language in section (G)(i) of the clarification should be construed to require a 12-hour notification only in instances in which an FDP would begin before and operate into the WOCL.
We appreciate your patience and trust that the above responds to your concerns. If you need further assistance, please contact my staff at (202) 267-3073. This response was prepared by Alex Zektser, Attorney, International Law, Legislation and Regulations Division of the Office of 1 Your e-mail also makes several suggestions to change the regulatory text of part 117. We cannot change existing regulatory text in this letter, and accordingly, we will not address those suggestions here. 2 Clarification of Flight, Duty, and Rest Requirements, 78 FR 14166 (Mar. 5, 2013). 3 Id. at 14171.
4 Emphasis added.
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the Chief Counsel, and coordinated with the Air Transportation Division of Flight Standards Service.
Regulations Referenced
Snapshot retrieved August 6, 2026.