Airmen, Aviation safety, Reporting and recordkeeping requirements, Safety.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements, Safety.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation Administration proposes to amend Chapter I of Title 14, Code of Federal Regulations, as follows:
1. Part 117 is added to read as follows:
PART 117 - FLIGHT AND DUTY LIMITATIONS AND REST
REQUIREMENTS: FLIGHTCREW MEMBERS
Sec.
117.1 Applicability.
117.3 Definitions.
117.5 Fitness for duty.
117.7 Fatigue risk management system.
117.9 Schedule reliability.
117.11 Fatigue education and training program.
117.13 Flight time limitation.
117.15 Flight duty period: Un-augmented operations.
117.17 Flight duty period: Split duty.
117.19 Flight duty period: Augmented flightcrew.
117.21 Reserve status.
117.23 Cumulative duty limitations.
117.25 Rest period.
117.27 Consecutive nighttime operations.
117.29 Deadhead transportation.
117.31 Operations into unsafe areas.
Table A to Part 117 – Maximum Flight Time Limits for Un-augmented Operations
Table B to Part 117 – Flight Duty Period: Un-augmented Operations
Table C to Part 117 – Flight Duty Period: Augmented Operations
§ 117.1 Applicability.
This part prescribes flight and duty limitations and rest requirements for all flightcrew members and certificate holders conducting operations under part 121 of this chapter. This part also applies to all flightcrew members and part 121 certificate holders when conducting flights under part 91 of this chapter.
§ 117.3 Definitions.
In addition to the definitions in §§ 1.1 and 119.3 of this chapter, the following definitions apply to this part. In the event there is a conflict in definitions, the definitions in this part control.
Acclimated means a condition in which a crewmember has been in a theater for 72 hours or has been given at least 36 consecutive hours free from duty.
Airport/standby reserve means a defined duty period during which a crewmember is required by a certificate holder to be at, or in close proximity to, an airport for a possible assignment.
Augmented flightcrew means a flightcrew that has more than the minimum number of flightcrew members required by the airplane type certificate to operate the aircraft to allow a flightcrew member to be replaced by another qualified flightcrew member for in-flight rest.
Calendar day means a 24-hour period from 0000 through 2359.
Certificate holder means a person who holds or is required to hold an air carrier certificate or operating certificate issued under part 119 of this chapter.
Crew pairing means a flight duty period or series of flight duty periods assigned to a flightcrew member which originate or terminate at the flightcrew member’s home base.
Deadhead transportation means transportation of a crewmember as a passenger, by air or surface transportation, as required by a certificate holder, excluding transportation to or from a suitable accommodation.
Duty means any task, other than long-call reserve, that a crewmember performs on behalf of the certificate holder, including but not limited to airport/standby reserve, short-call reserve, flight duty, pre- and post-flight duties, administrative work, training, deadhead transportation, aircraft positioning on the ground, aircraft loading, and aircraft servicing.
Duty period means a period that begins when a certificate holder requires a crewmember to report for duty and ends when that crew member is free from all duties.
Fatigue means a physiological state of reduced mental or physical performance capability resulting from lack of sleep or increased physical activity that can reduce a crewmember’s alertness and ability to safely operate an aircraft or perform safety-related duties.
Fatigue risk management system (FRMS) means a management system for an operator to use to mitigate the effects of fatigue in its particular operations. It is a datadriven process and a systematic method used to continuously monitor and manage safety risks associated with fatigue-related error.
Fit for duty means physiologically and mentally prepared and capable of performing assigned duties in flight with the highest degree of safety.
Flight duty period (FDP) means a period that begins when a flightcrew member is required to report for duty with the intention of conducting a flight, a series of flights, or positioning or ferrying flights, and ends when the aircraft is parked after the last flight and there is no intention for further aircraft movement by the same flightcrew member.
A flight duty period includes deadhead transportation before a flight segment without an intervening required rest period, training conducted in an aircraft, flight simulator or flight training device, and airport/standby reserve.
Home base means the location designated by a certificate holder where a crew member normally begins and ends his or her duty periods.
Lineholder means a flightcrew member who has a flight schedule and is not acting as a reserve flightcrew member.
Long-call reserve means a reserve period in which a crewmember receives a required rest period following notification by the certificate holder to report for duty.
Physiological night’s rest means the rest that encompasses the hours of 0100 and 0700 at the crewmember’s home base, unless the individual has acclimated to a different theater. If the crewmember has acclimated, the rest must encompass the hours of 0100 and 0700 at the acclimated location.
Report time means the time that the certificate holder requires a crewmember to report for a duty period.
Reserve availability period means a duty period during which a certificate holder requires a reserve crewmember on short call reserve to be available to receive an assignment for a flight duty period.
Reserve duty period means the time from the beginning of the reserve availability period to the end of an assigned flight duty period, and is applicable only to short call reserve.
Reserve flightcrew member means a flightcrew member who a certificate holder requires to be available to receive an assignment for duty.
Rest facility means a bunk, seat, room, or other accommodation that provides a crewmember with a sleep opportunity.
(1) Class 1 rest facility means a bunk or other surface that allows for a flat sleeping position and is located separate from both the flight deck and passenger cabin in an area that is temperature-controlled, allows the crewmember to control light, and provides isolation from noise and disturbance.
(2) Class 2 rest facility means a seat in an aircraft cabin that allows for a flat or near flat sleeping position; is separated from passengers by a minimum of a curtain to provide darkness and some sound mitigation; and is reasonably free from disturbance by passengers or crewmembers.
(3) Class 3 rest facility means a seat in an aircraft cabin or flight deck that reclines at least 40 degrees and provides leg and foot support.
Rest period means a continuous period determined prospectively during which the crewmember is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.
Scheduled means times assigned by a certificate holder when a crewmember is required to report for duty.
Schedule reliability means the accuracy of the length of a scheduled flight duty period as compared to the actual flight duty period.
Short-call reserve means a period of time in which a crewmember does not receive a required rest period following notification by the certificate holder to report for a flight duty period.
Split duty means a flight duty period that has a scheduled break in duty that is less than a required rest period.
Suitable accommodation means a temperature-controlled facility with sound mitigation that provides a crewmember with the ability to sleep in a bed and to control light.
Theater means a geographical area where local time at the crewmember’s flight duty period departure point and arrival point differ by no more than 4 hours.
Unforeseen operational circumstance means an unplanned event beyond the control of a certificate holder of insufficient duration to allow for adjustments to schedules, including unforecast weather, equipment malfunction, or air traffic delay.
Window of circadian low means a period of maximum sleepiness that occurs between 0200 and 0559 during a physiological night.
§ 117.5 Fitness for duty.
(a) Each flightcrew member must report for any flight duty period rested and prepared to perform his or her assigned duties.
(b) No certificate holder may assign and no flightcrew member may accept assignment to a flight duty period if the flightcrew member has reported for a flight duty period too fatigued to safely perform his or her assigned duties or if the certificate holder believes that the flightcrew member is too fatigued to safely perform his or her assigned duties.
(c) No certificate holder may permit a flightcrew member to continue a flight duty period if the flightcrew member has reported himself too fatigued to continue the assigned flight duty period.
(d) Any person who suspects a flightcrew member of being too fatigued to perform his or her duties during flight must immediately report that information to the certificate holder.
(e) Once notified of possible flightcrew member fatigue, the certificate holder must evaluate the flightcrew member for fitness for duty. The evaluation must be conducted by a person trained in accordance with § 117.11 and must be completed before the flightcrew member begins or continues an FDP.
(f) As part of the dispatch or flight release, as applicable, each flightcrew member must affirmatively state he or she is fit for duty prior to commencing flight.
g) Each certificate holder must develop and implement an internal evaluation and audit program approved by the Administrator that will monitor whether flightcrew members are reporting for FDPs fit for duty and correct any deficiencies.
§ 117.7 Fatigue risk management system.
(a) No certificate holder may exceed any provision of this part unless approved by the FAA under a Fatigue Risk Management System that provides at least an equivalent level of protection against fatigue-related accidents or incidents as the other provisions of this part.
(b) The Fatigue Risk Management System must include:
(1) A fatigue risk management policy.
(2) An education and awareness training program.
(3) A fatigue reporting system.
(4) A system for monitoring flightcrew fatigue.
(5) An incident reporting process.
(6) A performance evaluation.
(c) Whenever the Administrator finds that revisions are necessary for the continued adequacy of an FRMS that has been granted final approval, the certificate holder must, after notification, make any changes in the program deemed necessary by the Administrator.
§ 117.9 Schedule reliability.
(a) Each certificate holder must adjust within 60 days —
(1) Its system-wide flight duty periods if the total actual flight duty periods exceed the scheduled flight duty periods more than 5 percent of the time, and
(2) Any scheduled flight duty period that is shown to actually exceed the schedule 20 percent of the time.
(b) Each certificate holder must submit a report detailing the scheduling reliability adjustments required in paragraph (a) of this section to the FAA every two months detailing both overall schedule reliability and pairing-specific reliability.
Submissions must consist of:
(1) The carrier’s entire crew pairing schedule for the previous 2-month period, including the total anticipated length of each set of crew pairings and the regulatory limit on such pairings;
(2) The actual length of each set of crew pairings, and
(3) The percentage of discrepancy between the two data sets on both a cumulative, and a pairing-specific basis.
§ 117.11 Fatigue education and training program.
(a) Each certificate holder must develop and implement an education and training program, approved by the Administrator, applicable to all employees of the certificate holder responsible for administering the provisions of this rule including flightcrew members, dispatchers, individuals involved in the scheduling of flightcrew members, individuals involved in operational control, and any employee providing management oversight of those areas.
(b)(1) Initial training for all individuals listed in paragraph (a) of this section must consist of at least 5 programmed hours of instruction in the subjects listed in paragraph (b)(3) of this section.
(2) Recurrent training for all individuals listed in paragraph (a) of this section must be given on an annual basis and must consist of 2 programmed hours of instruction in the subjects listed in paragraph (b)(3) of this section.
(3) The fatigue education and training program must include information on—
(i) FAA regulatory requirements for flight, duty and rest and NTSB recommendations on fatigue management.
(ii) Basics of fatigue, including sleep fundamentals and circadian rhythms.
(iii) Causes of fatigue, including possible medical conditions.
(iv) Effect of fatigue on performance.
(v) Fatigue countermeasures.
(vi) Fatigue prevention and mitigation.
(vii) Influence of lifestyle, including nutrition, exercise, and family life, on fatigue.
(viii) Familiarity with sleep disorders and their possible treatments.
(ix) Responsible commuting.
(x) Flightcrew member responsibility for ensuring adequate rest and fitness for duty.
(xi) Operating through and within multiple time zones.
(c) Whenever the Administrator finds that revisions are necessary for the continued adequacy of a fatigue education and training program that has been granted final approval, the certificate holder must, after notification, make any changes in the program that are deemed necessary by the Administrator.
§ 117.13 Flight time limitation.
No certificate holder may schedule and no flightcrew member may accept an assignment or continue an assigned flight duty period if the total flight time:
(a) Will exceed the limits specified in Table A of this part if the operation is conducted with the minimum required flightcrew.
(b) Will exceed 16 hours if the operation is conducted with an augmented flightcrew.
§ 117.15 Flight duty period: Un-augmented operations.
(a) Except as provided for in § 117.17, no certificate holder may assign and no flightcrew member may accept an assignment for an unaugmented flight operation if the scheduled flight duty period will exceed the limits in Table B of this part.
(b) If the flightcrew member is not acclimated:
(1) The maximum flight duty period in Table B of this part is reduced by 30 minutes.
(2) The applicable flight duty period is based on the local time at the flightcrew member’s home base.
(c) In the event unforeseen circumstances arise:
(1) The pilot in command and certificate holder may extend a flight duty period up to 2 hours.
(2) An extension in the flight duty period exceeding 30 minutes may occur only once in any 168 consecutive hour period, and never on consecutive days.
§ 117.17 Flight duty period: Split duty.
For a split duty period, a certificate holder may extend and a flightcrew member may accept a flight duty period up to 50 percent of time that the flightcrew member spent in a suitable accommodation up to a maximum flight duty period of 12 hours provided the flightcrew member is given a minimum opportunity to rest in a suitable accommodation of 4 hours, measured from the time the flightcrew member reaches the rest facility.
§ 117.19 Flight duty period: Augmented flightcrew.
The flight duty period limits in § 117.15 may be extended by augmenting the flightcrew.
(a) For flight operations conducted with an acclimated augmented flightcrew,
no certificate holder may assign and no flightcrew member may accept an assignment if the scheduled flight duty period will exceed the limits specified in Table C of this part.
(b) If the flightcrew member is not acclimated:
(1) The maximum flight duty period in Table C of this part is reduced by 30 minutes.
(2) The applicable flight duty period is based on the local time at the flightcrew member’s home base.
(c) No certificate holder may assign and no flightcrew member may accept an assignment under this section unless during the flight duty period:
(1) Two consecutive hours are available for in-flight rest for the flightcrew member manipulating the controls during landing;
(2) A ninety minute consecutive period is available for in-flight rest for each flightcrew member; and
(3) The last flight segment provides an opportunity for in-flight rest in accordance with paragraph (c)(1) of this section.
(d) No certificate holder may assign and no flightcrew member may accept an assignment involving more than three flight segments under this section unless the certificate holder has an approved fatigue risk management system under § 117.7.
(e) At all times during flight, at least one flightcrew member with a PIC typerating must be alert and on the flight deck.
(f) In the event unforeseen circumstances arise:
(1) The pilot in command and certificate holder may extend a flight duty period up to 3 hours.
(2) An extension in the flight duty period exceeding 30 minutes may occur only once in any 168 consecutive hour period.
§ 117.21 Reserve status.
(a) Unless specifically designated otherwise by the certificate holder, all reserve is considered long-call reserve.
(b) For airport/standby reserve, all time spent in a reserve status is part of the flightcrew member’s flight duty period.
(c) For short call reserve,
(1) All time within the reserve availability period is duty.
(2) The reserve availability period may not exceed 14 hours.
(3) No certificate holder may schedule and no reserve flightcrew member on short call reserve may accept an assignment of a flight duty period that begins before the flightcrew member’s next reserve availability period unless the flightcrew member is given at least 14 hours rest.
(4) The maximum reserve duty period for un-augmented operations is the lesser of –
(i) 16 hours, as measured from the beginning of the reserve availability period;
(ii) The assigned flight duty period, as measured from the start of the flight duty period; or
(iii) The flight duty period in Table B of this part plus 4 hours, as measured from the beginning of the reserve availability period.
(iv) If all or a portion of a reserve flightcrew member’s reserve availability period
falls between 0000 and 0600, the certificate holder may increase the maximum reserve duty period in paragraph (c)(4)(iii) of this section by one-half of the length of the time during the reserve availability period in which the certificate holder did not contact the flightcrew member, not to exceed 3 hours.
(5) The maximum reserve duty period for augmented operations is the lesser of –
(i) The assigned flight duty period, as measured from the start of the flight duty period; or
(ii) The flight duty period in Table C of this part plus 4 hours, as measured from the beginning of the reserve availability period.
(iii) If all or a portion of a reserve flightcrew member’s reserve availability
period falls between 0000 and 0600, the certificate holder may increase the maximum reserve duty period in paragraph (c)(5)(ii) of this section by one-half of the length of the time during the reserve availability period in which the certificate holder did not contact the flightcrew member, not to exceed 3 hours.
(d) For long call reserve,
(1) The period of time that the flightcrew member is in a reserve status does not count as duty.
(2) If a certificate holder contacts a flightcrew member to assign him or her to a flight duty period or a short call reserve, the flightcrew member must receive the required rest period specified in § 117.25 prior to reporting for the flight duty period or commencing the short call reserve duty.
(3) If a certificate holder contacts a flightcrew member to assign him or her to a flight duty period that will begin before and operate into the flightcrew member’s window of circadian low, the flightcrew member must receive a 12 hour notice of report time from the air carrier.
(e) An air carrier may shift a reserve flightcrew member’s reserve availability period under the following conditions:
(1) A shift to a later reserve availability period may not exceed 12 hours.
(2) A shift to an earlier reserve availability period may not exceed 5 hours, unless the shift is into the flightcrew member’s window of circadian low, in which case the shift may not exceed 3 hours.
(3) A shift to an earlier reserve period may not occur on any consecutive calendar days.
(4) The total shifts in a reserve availability period in paragraphs (e)(1)
through (e)(3) of this section may not exceed a total of 12 hours in any 168 consecutive hours.
§ 117.23 Cumulative duty limitations.
(a) The limitations of this section on flightcrew members apply to all commercial flying by the flightcrew member during the applicable periods.
(b) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member’s total flight time will exceed the following:
(1) 100 hours in any 28 consecutive calendar day period and
(2) 1,000 hours in any 365 consecutive calendar day period.
(c) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member’s total Flight Duty Period will exceed:
(1) 60 flight duty period hours in any 168 consecutive hours and
(2) 190 flight duty period hours in any 672 consecutive hours.
(d) Except as provided for in paragraph (d)(3) of this section, no certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member’s total duty period will exceed:
(1) 65 duty hours in any 168 consecutive hours and
(2) 200 duty hours in any 672 consecutive hours.
(3) If a flightcrew member is assigned to short-call reserve or a certificate holder transports a flightcrew member in deadhead transportation in, at a minimum, a seat in aircraft cabin that allows for a flat or near flat sleeping position, the total duty period may not exceed:
(i) 75 duty hours in any 168 consecutive hours and
(ii) 215 duty hours in any 672 consecutive hours.
(4) Extension of the duty period under paragraph (d)(3) of this section is limited to the amount of time spent on short-call reserve or in deadhead transportation.
§ 117.25 Rest period.
(a) No certificate holder may assign and no flightcrew member may accept assignment to any reserve or duty with the certificate holder during any required rest period.
(b) Before beginning any reserve or flight duty period, a flightcrew member must be given at least 30 consecutive hours free from all duty in any 168 consecutive hour period, except that:
(1) If a flightcrew member crosses more than four time zones during a series of flight duty periods that exceed 168 consecutive hours, the flightcrew member must be given a minimum of three physiological nights rest upon return to home base.
(2) A flightcrew member operating in a new theater must receive 36 hours of consecutive rest in any 168 consecutive hour period.
(c) No certificate holder may reduce a rest period more than once in any 168 consecutive hour period.
(d) No certificate holder may schedule and no flightcrew member may accept
an assignment for reserve or a flight duty period unless the flightcrew member is given a rest period of at least 9 consecutive hours before beginning the reserve or flight duty period measured from the time the flightcrew member reaches the hotel or other suitable accommodation.
(e) In the event of unforeseen circumstances, the pilot in command and certificate holder may reduce the 9 consecutive hour rest period in paragraph (d) of this section to 8 consecutive hours.
§ 117.27 Consecutive nighttime operations.
No certificate holder may schedule and no flightcrew member may accept more than three consecutive nighttime flight duty periods unless the certificate holder provides an opportunity to rest during the flight duty period in accordance with § 117.17.
§ 117.29 Deadhead transportation.
(a) All time spent in deadhead transportation is considered part of a duty period.
(b) Time spent in deadhead transportation is considered part of a flight duty period if it occurs before a flight segment without an intervening required rest period.
(c) Time spent entirely in deadhead transportation during a duty period may not exceed the flight duty period in Table B of this part for the applicable time of start plus 2 hours unless the flightcrew member is given a rest period equal to the length of the deadhead transportation but not less than the required rest in § 117.25 upon completion of such transportation.
§117.31 Operations into unsafe areas.
(a) This section applies to operations that cannot otherwise be conducted under this part because of unique circumstances that could prevent flightcrew members from being relieved by another crew or safely provided with the rest required under § 117.25 at the end of the applicable flight duty period.
(b) A certificate holder may exceed the maximum applicable flight duty periods to the extent necessary to allow the flightcrew to fly to a destination where they can safely be relieved from duty by another flightcrew or can receive the requisite amount of rest prior to commencing their next flight duty period.
(c) The flightcrew shall be given a rest period immediately after reaching the destination described in paragraph (b) of this section equal to the length of the actual flight duty period or 24 hours, whichever is less.
(d) No extension of the cumulative fatigue limitations in § 117.3 is permitted.
(e) If the operation was conducted under contract with an agency or department of the United States Government, each affected air carrier must submit a report every 60 days detailing the –
(1) Number of times in the reporting period it relied on this section to conduct its operations.
(2) For each occurrence,
(i) The reasons for exceeding the applicable flight duty period;
(ii) The extent to which the applicable flight duty period was exceeded; and
(iii) The reason the operation could not be completed consistent with the requirements of this part.
(f) If the operation was not conducted under contract with an agency or
Department of the United States Government, each affected air carrier must submit a report within 14 days of each occurrence detailing –
(1) The reasons for exceeding the applicable flight duty period;
(2) The extent to which the applicable flight duty period was exceeded; and
(3) The reason the operation could not be completed consistent with the requirements of this part.
(g) Should the Administrator determine that a certificate holder is relying on the
provisions on this section, the Administrator may require the certificate holder to develop and implement a fatigue risk management system.
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