Legal Interpretations
Wykoff-ALPA International 2017
Summary
The Question
Under 14 CFR 117.19(a)(2), may a pilot accept a second over-30-minute flight duty period extension before takeoff, totaling under 2 hours, without first receiving 30 hours of rest?
Background
ALPA's Flight Time Duty Time Committee described a pilot in command agreeing to a 45-minute extension, then being asked before takeoff for a second 45-minute extension, and argued that accepting both without the 14 CFR 117.25(b) rest period would violate the rule.
The FAA’s Interpretation
Yes. The rule says an over-30-minute extension may "occur" only once before a 14 CFR 117.25(b) rest period, and a plain reading, consistent with the FAA's 2013 clarification, requires actual use of the extension, not merely a request. Extensions agreed to before takeoff have not yet occurred, so multiple extensions up to 2 hours may be requested; once an over-30-minute extension actually occurs, the rest requirement applies.
- Requester
- Wykoff
- Organization
- ALPA International
- Issued
- December 4, 2017
- Subjects
- Flight & Duty Time · Definitions
Regulations Cited
Unreadable text from the scan (such as a barcode or stamp) is left out of the text below; the original letter shows it exactly.
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
GEC - ~ 2017
Captain Don Wykoff
Office of the Chief Counsel
Chairman, Flight Time Duty Time Committee
Air Line Pilots Association, International
535 Herndon Parkway
Herndon, VA 20170
800 Independence Ave., S.W.
Washington, D.C. 20591
Re: Request for Legal Interpretation of 14 CFR § 117.19(a)(l) and (2)
Dear Captain Wykoff:
This letter responds to your August 7, 2017, request by electronic mail for an interpretation of 14 CFR § 117.19(a)(l) and (2) concerning the requirement that an extension of the Flight Duty Period (FDP) of more than 30 minutes may occur only once prior to receiving a rest period. Your letter provides two scenarios:
A certificate holder requested and the pilot i_n command (PIC) agreed to a 45- minute extension. However, before take-off, it was determined that the flight segment could not be completed with a 45-minute extension and an additional 45- minute extension was requested.
2. A certificate holder requested and the PIC agreed to a 45-minute extension for Flight 3900. However, before takeoff, the certificate holder changed the destination of Flight 3900 and requested an additional 45-minute extension. The certificate holder believes that if the flight number does not change, additional extensions up to two hours may be requested and can be accepted by the PIC if the pilot was fit for the additional duty period.
You seek clarification on whether the pilot, if he or she was otherwise fit for duty, could accept the second extension without receiving a 30~hour rest as required by § 117.25(b), when the total time of the two extensions would be less than two hours. Your view is that because the certificate holder is asking for two extensions prior to receiving a 30-hour rest period, both scenarios would violate§ 117.19(a)(2).
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As you correctly state in your letter, 14 CFR § 117.19 provides, in relevant part, that:
For augmented and unaugmented operations, if unforeseen operational circumstances arise prior to takeoff:
(1) The pilot in command and the certificate holder may extend the maximum flight duty period permitted in Tables B or C of this part up to 2 hours. The pilot in command and the certificate holder may also extend the maximum combined flight duty period and reserve availability period limits specified in§ 117.21(c)(3) and (4) of this part up to 2 hours.
(2) An extension in the flight duty period under paragraph (a)(l) of this section of more than 30 minutes may occur only once prior to rec~iving a rest period described in § 117.25(b).
The regulatory text states that an FDP extension of more than 30 minutes may "occur" only once.1 Under a plain reading of§ 117.19(a)(2), it requires actual use of a more than 30 minute FDP extension to trigger the requirements in (a)(2), rather than a mere request for an FDP extension of over 30 minutes. This understanding is consistent with the FAA's 2013 Clarification2 of the regulation which states: A4A, Alaska Air, and AB posed a scenario in which a :flightcrew that has already used their over-30-minute FDP extension discovers, after takeoff, that they will need to again extend more than 3 0 minutes. The commenters asked whether the :flightcrew in this scenario would need to divert in order to comply with the pertinent FDP limits. Under§ 117.19(a)(2) and (b)(2), an FDP extension of greater than 30 minutes can only be taken once before a flightcrew member is provided with 30 hours of rest pursuant to § 117.25(b) .... Accordingly, once a flightcrew member uses up their FDP extension the FAA strongly recommends that the certificate holder: (1) adds buffers to that crewmember's schedule to account for possible unexpected events; and (2) provides the crewmember with a 30-hour rest period as soon as possible in order to rest the FDP extension. The 2013 Clarification provides that the requirements in § 117.19(a)(2) are triggered when an over 30-minute FDP extension has been "used," "use[d] up," or "taken."3 In contrast, the scenarios provided in your letter refer to extensions that have only been agreed upon and have not yet "occurred," been "used," "use[d] up," or "taken," because the flight has not yet been conducted. Multiple FDP extensions up to 2 hours may be 1 l4CFR§ 117.19(a)(2).
2 Clarification ofFlight, Duty, and Rest Requirements, 78FR14166, 14174 (Mar. 5, 2013).
3 Id.
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requested prior to takeoff. If an extension of more than 30 minutes actually occurs, the rest period requirement in 14 CFR § 117.19(a)(2) comes into effect. 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 letter has been prepared by Sarah Yousaf, Operations Law Branch, Office of the Chief Counsel and coordinated with the Air Transportation Division of Flight Standards Service.
Sincerely,
vf~u_~
Lorelei Peter
Assistant Chief Counsel for Regulations, AGC-200
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AIR LINE PllDTS AsSOOATION
INTERNATIONAL
535 Herndon Parkway •Herndon, VA 20170 •Phone 703-689-2270 • 888-FLY-ALPA August 7, 201.7
Vin Email nt Lorelei.Peter@faa.gov
and First Class Mail
Ms. Lorelei Peter
Assistant Chief Counsel for Regulations, AGC-200
Federal Aviation Administration
800 Independence Ave., SW
Washington, DC 20591
Dear Ms. Peter:
This is to request a clarification of FAR 117.19(a)(l) and (2) which provides:
§ 117.19 Flight duty period extensions.
(a) For augmented and unaugmented operations, if unforeseen operational circumstances arise prior to takeoff:
(1) The pilot in command and the certificate holder may extend the maximum flight duty period permitted in Tables B or C of this part up to 2 hours. The pilot in command and the certificate holder may also extend the maximum combined flight duty period and reserve availability period limits specified in§ 117.21.(c) (3) and (4) of this part up to 2 hours.
(2) An extension in the flight duty period under paragraph (a}(l) of this section of more than 30 minutes may occur only once prior to receiving a rest period described in§ 117.25(b).
The following two scenarios are the basis for this request:
A certificate holder requested and the pilot in command agreed to a 45-minute extension. However, before take-off, it was determined the flight segment could not be completed with a 45-minute extension and an additional 45-minute extension wa'> requested. If the pilot was otherwise fit for duty, could he accept the second extension even though the total time was less than two hours without receiving a 30-hour rest as required by FAR 117.25(b)?
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Ms. Lorelei Peter
Assistant Chief Counsel for Regulations, AGC-200
August 7, 2017
Page2
2. A certificate holder requested and the pilot in command agreed to a 45-minute extension for Flight 3900. However, before takeoff, the certificate holder changed the destination of Flight 3900 and requested an additional 45-rninute extension. The certificate holder believes that if the flight number does not change, additional extensions up to two hours may be requested and can be accepted by the pilot in command if the pilot was fit for the additional duty period.
We believe that in the preamble to the final rule, the FAA was clear that "an extension of
the FOP of 30 minutes or more may occur only once prior to receiving a rest period described in Part 117.25(b) (FR Vol 77, No. 2, pg. 370, January 4, 2012).
In the scenarios above, the certificate holder is clearly asking for two extensions prior to receiving a 30-hour rest period. In our view, an acceptance of the second 45-minute extension in both scenarios would be a violation of Part 117.19(2).
We would appreciate a prompt response.
OW/map
Sincerely,
Captain Don Wykoff
Chairman, Flight Time Duty Time Committee
Air Line Pilots Association, International
Regulations Referenced
Snapshot retrieved August 6, 2026.