Legal Interpretations

FlightPush Summary

The US Airline Pilots Association asked whether a fuel stop planned before departure counts as a diversion under the 14 CFR part 117 flight duty period rules. The FAA said no: only unplanned diversions occurring after takeoff are excluded from segment counts, so a planned fuel stop is an additional flight segment that can change the applicable Table B FDP limit.

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Island Air asked whether the fitness-for-duty affirmation under 14 CFR 117.5(d) is needed before every flight segment or only at the start of the flight duty period. The FAA said every segment: a flightcrew member must affirm fitness in writing each time he or she commences a flight segment, and may do so electronically, such as through ACARS.

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The US Airline Pilots Association asked whether a pilot could fly a fourth consecutive nighttime flight duty period when the third had infringed on the window of circadian low only because of delays. The FAA said yes under 14 CFR 117.27, which limits scheduling: a realistically scheduled non-infringing duty period breaks the chain of consecutive infringing periods, even if delays later push it into that window.

FlightPush Summary

A 2011 interpretation holding that academic training assigned by a Part 135 certificate holder is duty, even when done by distance learning, applies equally to Part 121 rest rules under 14 CFR 121.471(e). Calling the training homework or pre-study does not change that, operating manuals cannot supersede the regulations, and inspectors generally cannot approve noncompliance; relief requires an exemption.

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A requester asked whether short-call reserve rules allow a flight duty period longer than the daily limits in 14 CFR part 117. The FAA said no: the reserve limits in 14 CFR 117.21(c) apply on top of the daily limits, and the more stringent one controls. In each example, assuming no extensions were used, the earlier end time applied.

FlightPush Summary

No set duration makes an unplanned event an unforeseen operational circumstance under 14 CFR 117.19; it must not be relatively short and must reasonably justify the flight duty period extension. Both the pilot in command and the certificate holder must concur, and a pilot in command who declines and does not fly the segment complies with 14 CFR part 117.

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Jeppesen Commercial & Military Aviation asked about wording in an FAA clarification of 14 CFR part 117. The FAA said 12-hour notice of report time for a long-call reserve flightcrew member is required only when the flight duty period begins before and operates into the window of circadian low, as 14 CFR 117.21(d) states, not whenever it merely infringes on it.

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A requester asked how a reserve availability period differs from a flight duty period under 14 CFR part 117. The FAA said a RAP has less stringent length limits but restricts what can be required, with no flying and no airport presence. An FDP allows any duty, including flying, but faces the stricter daily and cumulative limits of 14 CFR 117.13, 14 CFR 117.17, and 14 CFR 117.23.

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A United Airlines captain asked how 14 CFR part 117 treats a required reserve acknowledgment and flight duty period extensions. The FAA said a required schedule check is duty, so rest ends when the check window opens, and a fitness-for-duty affirmation signed before the PIC knew of an extension cannot count as concurrence, even for a 30-minute extension.

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Southern Air asked whether a pilot covered by 14 CFR 121.525(c) falls under 14 CFR 121.521 on a three-pilot crew and 14 CFR 121.523 on a four-pilot crew. The FAA said such a pilot must be scheduled under 14 CFR 121.521 on either crew size; only pilots not on mixed operations would be subject to 14 CFR 121.523 on four-pilot crews.

FlightPush Summary

A requester asked whether a cargo crew could fly a second leg knowing a ground stop would push flight time past 8 hours under 14 CFR 121.471(a)(4). The FAA said yes, under the 14 CFR 121.471(g) exception, if the schedule normally finishes within limits and the delay was beyond the carrier's control, as an ATC ground stop would be, provided required rest is not infringed.

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PPA Global Energy asked whether directing pilots to check a company calendar for flying assignments on their days off counts as duty under 14 CFR part 117. The FAA said yes: it is a task required by the certificate holder, so under 14 CFR 117.25(a) a certificate holder must not require a pilot to check his or her schedule during a required rest period.

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Ameristar Air Cargo asked when a flightcrew member on long-call reserve can be called for random drug or alcohol testing. The FAA said part 117 does not alter part 120: drug-test notice should not be given unless the employer can ensure the crewmember goes to testing immediately, and alcohol testing would normally be called upon reporting for the flight or just after completing it.

FlightPush Summary

A sample schedule for a pilot on a two-pilot unscheduled crew does not comply with 14 CFR 135.267. Because the duty period could begin at different times each day, it is not a regularly assigned duty period under 14 CFR 135.267(c), and the pilot's 14 hours of flying within 24 consecutive hours exceeds the 10-hour limit in 14 CFR 135.267(b)(2).

FlightPush Summary

ALPA and Airlines for America asked a series of questions about applying 14 CFR part 117. The FAA clarified acclimation, theater changes, short extensions, time zones for entering Tables A through C, holding pilots on duty after cancellations, deadheads, split duty, and a voluntary reserve schedule check, which is allowed under 14 CFR 117.25 but may not cause fatigue under 14 CFR 117.5.

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The Air Line Pilots Association asked whether compensated flying done outside any certificate holder or 91K program manager counts toward cumulative limits under 14 CFR 117.23. The FAA said it does not, provided there is no connection between such an operator and the entity the flying was for, but the pilot must still certify fitness for duty under 14 CFR 117.5.

FlightPush Summary

The exceptions in 14 CFR 121.470 and 121.480 cannot exempt part 121 passenger operations from 14 CFR part 117, whose applicability is set by 14 CFR 117.1. The Alaska and Hawaii exception in 14 CFR 121.470(b) applies flight by flight, so a carrier may use it for flights entirely within Alaska using the specified aircraft, but not its other flights.

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A flight crewmember asked whether 14 CFR 121.523(b) limits flight segments and how it treats crewmembers unable to sleep in onboard quarters. The FAA said the rule sets no segment limit and is satisfied if adequate sleeping quarters are provided, but under 14 CFR 91.13(a) a crewmember too fatigued to fly safely may not fly and should immediately inform the employer.

FlightPush Summary

A flightcrew member who knows before takeoff that a segment will exceed a 14 CFR part 117 cumulative limit may not take off. The only exception covering circumstances known before takeoff is 14 CFR 117.29(b), for operations under a 14 CFR 119.57 deviation when the pilot in command finds an extension necessary.

FlightPush Summary

Pilots who must stay on call around the clock are not at rest, so a Part 135 operator may not use 24/7 on-call status in place of required rest under 14 CFR 135.267. Required training is also duty: it cannot count as rest, may not infringe on rest required before an EMS flight, and may not be completed during a HEMES assignment.

FlightPush Summary

A requester asked how 14 CFR 135.267(c) applies to a mid-shift base change and to an early charter. The FAA lacked the facts to answer the base-change question, noting a 15-day shift is shorter than the four weeks it has called reasonable to establish a regularly assigned duty period, but said an infrequent early charter with at least 10 hours of rest is permitted.

FlightPush Summary

The FAA said a pilot cannot be assigned 10 consecutive days of duty across the move to the 14 CFR part 117 rules. 14 CFR 117.25(b) requires 30 consecutive hours free from all duty within the 168 hours before any reserve or flight duty period, and rest given under the old 14 CFR part 121 rules counts. Consecutive duty days not interrupted by such rest do not comply.

FlightPush Summary

A supplemental air carrier cannot operate a 12.5-hour nonstop flight with four pilots under the U.S. mainland rules, which limit scheduled segments to 8 hours (10 for qualifying transcontinental flights). Under the international rules, it could only fly under 14 CFR 121.523, which requires adequate sleeping quarters on board; the FAA reads that as a bunk or berth, not a reclining passenger seat.

FlightPush Summary

The Air Line Pilots Association and Airlines for America asked whether part 117's cumulative limits look back at flying done before the rule's January 4, 2014 effective date. The FAA said no, because part 117 is not retroactive; the limits build up from that date. For crewmembers who moved to part 117 early under an exemption, the look-back starts when they began operating under it.

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Airlines for America asked how theater and acclimation work under 14 CFR part 117. The FAA said a theater change occurs when a flight segment ends more than 60 degrees longitude from where the FDP series began, and a crewmember acclimates to a theater, not a time zone, after 72 hours there or 36 consecutive hours of rest. Acclimation status is locked in for each FDP.

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ALPA asked whether a carrier could keep a two-pilot crew after substituting a slower Boeing 757 that made a London-Newark flight 8 hours 30 minutes. The FAA said no: 14 CFR 121.481(a) limits two-pilot flag crews to 8 hours, the aircraft swap was within the carrier's control, and the flight needed an augmented crew under 14 CFR 121.483(b).

FlightPush Summary

The Air Line Pilots Association asked how the beyond-control exception in 14 CFR 121.471(g) applies to rest and flight time. The FAA said it covers only flight time: a pilot may not depart on a segment known to infringe the 24-hour rest of 14 CFR 121.471(d), superseding a 1991 interpretation, but may exceed the flag 32-hour limit of 14 CFR 121.481(d).

FlightPush Summary

Teamsters Local 1224 asked whether a pilot who has flown more than 8 hours in 24 consecutive hours may finish the assigned schedule before taking required rest. The FAA said no, relying on its ABX Air interpretation: once such a pilot completes any flight segment, the 16 hours of rest under 14 CFR 121.503(b) cannot be delayed until the previously assigned schedule is done.

FlightPush Summary

ABX Air asked whether a supplemental crew whose delays pushed actual flight time past 8 hours must rest before its last scheduled segment. The FAA said yes: 14 CFR 121.503(b) is triggered by actual flight time, so 16 hours of rest are required before another segment. The circumstances-beyond-control exception only lets the pilots complete and land the segment during which they exceed 8 hours.

FlightPush Summary

An inquirer asked six questions about part 121 supplemental flight, duty, and rest rules. The FAA said pilots who serve as crewmembers at some point on a flight have "flown" the whole flight, so a three-pilot crew on 11 hours of flights within 24 hours needs 16 hours of rest under 14 CFR 121.503(b). It also addressed non-flying duty, deaugmented crews, and de-icing tows.

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An airline employee asked about rest bases, augmented crews, and the international-rules election under the supplemental rules. The FAA said a pilot's home airport can serve as the operations base for 14 CFR 121.523(e) rest, 14 CFR 121.523 applies only to augmented crews, and an operator may elect the international rules under 14 CFR 121.513 flight by flight if it clearly communicates the election.

FlightPush Summary

A captain asked whether a round trip that grew to more than 8 hours after weather forced a fuel stop violated the 8-hour limit of 14 CFR 121.471(a)(4). The FAA said the flight was legal under 14 CFR 121.471(g), because nothing indicated an unrealistic schedule and the delay arose from weather beyond the carrier's control, provided he knew before each takeoff that his rest would not be infringed.

FlightPush Summary

A part 135 scheduled pilot asked whether a carrier could extend a duty day when the 24-hour look-back under 14 CFR 135.265(b)(1) found only 8 hours of rest after compensatory rest had already been given. The FAA said yes: the reduced-rest provision of 14 CFR 135.265(c)(1) may be applied again, if at least 8 consecutive hours of rest are found and new compensatory rest begins within 24 hours.

FlightPush Summary

Red Wing Aeroplane, a Part 135 operator, asked whether its free one-hour ride for crewmembers from Bay City, Wisconsin, to MSP counts as rest under 14 CFR 135.263(c). The FAA said it may be considered local in character and part of rest if no duty is required during the ride, but the commercial flight from MSP to the assignment is not rest.

FlightPush Summary

A requester asked how much rest three pilots need after a nine-hour supplemental flight on which each spent six hours on the flight deck. The FAA said each pilot has "flown" the full 9 hours because the entire time on the airplane counts, so each must receive at least 16 hours of rest under 14 CFR 121.503(b) before further duty.

FlightPush Summary

A supplemental flightcrew that flew a total of 9 hours in 24 consecutive hours must receive at least 16 hours of rest under 14 CFR 121.503(b) before further duty, even though it received 9 hours of intervening rest between flights. The intervening rest required by 14 CFR 121.505(a) is independent of the 16-hour requirement and does not relieve the crew of it.

FlightPush Summary

On-call time, or keeping a company pager that must be answered, is not rest for Part 135 EMS crews, because rest must be continuous, determined in advance, and free from all restraint. A crew near the end of a 14-hour duty period cannot take a 3-hour flight; HEMES crews need 8 consecutive hours of advance-scheduled rest. Both the operator and the crewmember are responsible for compliance under 14 CFR 135.263(a).

FlightPush Summary

The FAA could not say whether a military contractor's aircraft are public aircraft or whether its pilots' flying is "other commercial flying" under 14 CFR 121.517 without more facts. Contract operations are treated as civil until the government entity declares them public, and pilots must be adequately rested under 14 CFR 91.13(a) either way.

FlightPush Summary

Flight attendants added to augment a crew under 14 CFR 121.467 need not be on board during boarding and deplaning. Augmentation is required only for the flight or flights in the duty period, so United Airlines' policy complies, though the minimum crew required by 14 CFR 121.391 must be aboard then.

FlightPush Summary

An Atlas pilots' scheduling committee asked whether a deadhead leg can come before the 18-hour rest required by 14 CFR 121.483(b) for flag operations. The FAA said yes, because the rule limits flight time and deadheading is not flight time, but deadhead time cannot count as rest. Compliance is a joint carrier and pilot responsibility. Questions on Exemption 4317L were deferred.

FlightPush Summary

An Atlas pilots' scheduling committee asked whether a carrier may use Exemption 4317L when a flight scheduled within 12 hours is dispatched for longer. The FAA said the exemption still applies only if the schedule rests on realistic assumptions and delays are truly beyond the carrier's control, as under 14 CFR 121.471(g), and it lacked the facts to judge Atlas Air's scheduling.

FlightPush Summary

An individual asked whether an FAA aviation safety inspector may keep a personal firearm in a business-travel rental car for off-duty use. The FAA said not without authorization: a rental car paid with government funds is a government vehicle, and FAA policy bars privately owned firearms in government vehicles regardless of state law. Violations can bring a 45-day suspension for a first offense and removal for a second.

FlightPush Summary

A requester asked whether Southern Air Cargo could schedule B777 crews under either set of supplemental flight and duty rules. The FAA said the nature of the operation, not the aircraft type, controls: if the flights meet the international or overseas criteria of 14 CFR 121.513, the carrier may elect either set of rules.

FlightPush Summary

An FAA certificate management office asked whether a required two-hour window for pilots to contact crew scheduling the day before reserve counts as rest under 14 CFR 121.471(d). The FAA said no: any period in which a pilot must answer a call or page is not part of a continuous rest period, even if the carrier never calls.

FlightPush Summary

A US Airways crew diverted for weather would exceed the 8-hour daily flight time limit on its final leg. The FAA said the crew may depart under 14 CFR 121.471(g) if the weather was truly unforeseeable, but all actual flight time counts toward cumulative limits, and the exception does not excuse rest requirements.

FlightPush Summary

A requester asked whether a Part 135 operator may keep pilots on 24-hour call and count any 10 uncalled hours as rest. The FAA said no: under 14 CFR 135.267(d), rest must be continuous, known in advance, and free from all restraint, so a pilot obliged to answer calls and not told of the rest period beforehand is not at rest.

FlightPush Summary

An individual asked how Part 135 rest and duty rules apply to pilots on call at home during 12-hour shifts. The FAA said time spent obligated to answer a page and report is duty, not rest, even if no call comes. Because the shifts are regularly assigned duty periods, 14 CFR 135.267(c) applies, limiting the duty day to 14 hours from the start of the shift.

FlightPush Summary

Southwest Airlines asked whether an off-duty flight attendant who volunteers to stand in for a working crewmember during boarding and deplaning is on duty. Yes: a person the carrier uses to continue a flight is on duty, and it does not matter whether the work was scheduled or tied to flight time.