2/14/17

 

8900.1 CHG 511

VOLUME 3  GENERAL TECHNICAL ADMINISTRATION

CHAPTER 58  MANAGEMENT OF AVIATION FATIGUE

Section 4  Fatigue Education and Awareness Training (FEAT) Program Approvals and Updates

3-4647    GENERAL. This section describes the approval and update process for a certificate holder’s Fatigue Education and Awareness Training (FEAT) program required by Title 14 of the Code of Federal Regulations (14 CFR) part 117, 117.9.

A.    Background. Part 117 requires that each 14 CFR part 121 certificate holder conducting passenger‑carrying operations, and any part 121 certificate holder that applies the limits of part 117 to its all‑cargo operations, must have a Federal Aviation Administration (FAA)-approved FEAT program. In addition, the certificate holder must update its FEAT program at least once every 24 calendar-months.

B.    Existing Statutory Requirement. Public Law (PL) 111-216, Sec. 212(b), effective August 1, 2010, mandates that all part 121 certificate holders, regardless of whether it conducts passenger-carrying or all-cargo operations, develop, implement, and update its Fatigue Risk Management Plan (FRMP). The statute also mandates that each certificate holder’s FRMP contain a FEAT component.

C.    Approval and Acceptance Process. The Air Transportation Division (AFS-200) is responsible for reviewing and approving a certificate holder’s new FEAT program and major updates to an FAA-approved FEAT program. Once approved, AFS-200 will send the POI an approval memo authorizing the POI to issue OpSpec A319. The approval memo will contain instructions for inserting specific text into the OpSpec. The text will include the approval date, revision number, and the new 24 calendar-month date identifying the date of the next required update. An acceptance of a FEAT update is the responsibility of the POI. Once accepted, the POI will send AFS-200 an email stating that a minor update to the certificate holder’s FEAT has been accepted. Upon receipt of the email, AFS-200 will issue the POI an approval memo to reissue the certificate holder OpSpec A319. The approval memo will contain a new 24 calendar-month date identifying the date of the next required update. Upon receipt of the approval memo, the POI will populate the text box located in paragraph d(1) of the certificate holder’s updated OpSpec A319 with this new date, as specified in the approval memo. In the event the FAA rejects an initial approval to a FEAT, a major update, or a minor update, the FAA must provide the certificate holder with suggested modifications for resubmission.

3-4648    STANDARD OF TRAINING.

A.    Regulatory Mandate. On January 4, 2014, part 117, Flight and Duty Limitations and Rest Requirements: Flightcrew Members, became effective. Under this rule, the FAA adopted the same training standards required by the PL 111-216, Sec. 212(b). In addition, the FAA adopted a requirement which mandates that part 121 certificate holders update their FEAT program every 2 years, as part of the update to their FRMP (refer to PL 111216, Sec. 212(b)(4)(A) and (B)).

B.    Differences. The statutory requirements of PL 111-216, Sec. 212(b) were placed in the new flight and duty regulations for the ease and convenience of the regulated parties and the FAA. However, there are differences between the requirements of PL 111-216, Sec. 212(b) and part 117. These differences are illustrated in Table 3-126:

Table 3-126.  Comparison Between FRMP and FEAT Requirements

 

FRMP Fatigue Training

Part 117 FEAT

Authority

PL 111-216, Sec. 212(b)

Part 117, 117.9(a)

Training Program Approved/Accepted

Accepted

Approved

Required Updates

Not to exceed 24 calendar‑months

Not to exceed 24 calendar‑months

Training Frequency

Not to exceed 12 calendar‑months

(No grace month allowed)

Not to exceed 12 calendar‑months

(No grace month allowed)

Training Audience

Flightcrew members

All employees of the certificate holder responsible for administering the provisions of part 117, including flightcrew members, dispatchers, individuals directly involved in the scheduling of flightcrew members, individuals directly involved in operational control, and any employee providing direct management oversight of those areas

Training Objective

The certificate holder’s FRMP fatigue training program must be designed to increase the flightcrew member’s awareness of:

Fatigue,

The effects of fatigue on pilots, and

Fatigue countermeasures.

The certificate holder’s FEAT program must be designed to increase the flightcrew member’s awareness of:

Fatigue,

The effects of fatigue on pilots, and

Fatigue countermeasures.

Frequency for Updated Submissions

Every 24 calendar-months

No later than 12 calendar‑months from the previous FEAT update submission

3-4649    TRAINING OBJECTIVES. PL 111-216, Sec. 212(b) and 117.9(b) require the certificate holder’s FEAT program to be designed to increase the flightcrew member’s awareness of:

    Fatigue,

    The effects of fatigue on pilots, and

    Fatigue countermeasures.

3-4650    TRAINING PROGRAM ELEMENTS. The following elements must be included in the certificate holder’s FEAT program:

    Review of FAA flight, duty, and rest regulatory requirements.

    Awareness of the FRMP program itself, including fatigue-related policies and procedures, and the responsibilities of management and employees to mitigate or manage the effects of fatigue and improve flightcrew member flight deck alertness.

    The basics of fatigue, including sleep fundamentals and circadian rhythms.

    Awareness of and the causes of fatigue.

    The effects of operating through multiple time zones.

    The effects of fatigue relative to pilot performance.

    Fatigue countermeasures, prevention, and mitigation.

    The influence of lifestyle, including nutrition, exercise, and family life, on fatigue.

    Familiarity with sleep disorders.

    The effects of fatigue as a result of commuting.

    Pilot responsibility for ensuring adequate rest and fitness for duty.

    Operational procedures to follow when one identifies, or suspects, fatigue risk in oneself or others.

    Incorporate lessons learned regarding the effects of fatigue and mitigation initiatives relative to the certificate holder’s operations.

A.    Training Program Implementation. The certificate holder’s FEAT program must be approved by the FAA prior to its implementation. Once approved, the certificate holder must implement the training in accordance with its FAA-approved FEAT program.

B.    Covered Employees. All of the certificate holder’s covered employees must be trained in accordance with its FAA-approved FEAT program. The FEAT program training frequency may not exceed 12 calendar-months. Section 117.9(a) identifies covered employees as:

    Employees responsible for administering the provisions of part 117,

    Flightcrew members,

    Dispatchers,

    Individuals directly involved in the scheduling of flightcrew members,

    Individuals directly involved in operational control, and

    Any employee providing direct management oversight of those areas.

C.    Applying the Limits of Part 117 to the Certificate Holder’s Flight Attendants (F/A). When a certificate holder applies the limits of part 117 to its F/As, they become covered employees. Therefore, they will require training every 12 calendar-months in accordance with the certificate holder’s FAA-approved FEAT program.

D.    Training Frequency. The training frequency for all covered employees may not exceed 12 calendar-months, as prescribed in 117.9(a). There is no provision in the statute or the rule for a grace month.

NOTE:  A “grace month” is a term used to describe the month after which the training is required to be completed. Part 121, 121.401(b) states, “Whenever a crewmember or aircraft dispatcher who is required to take recurrent training, a flight check, or a competence check, takes the check or completes the training in the calendar month before or after the calendar month in which that training or check is required, he is considered to have taken or completed it in the calendar month in which it was required.” This same language does not exist in 117.9. Therefore, the authority to extend training into a “grace month” is not authorized under part 117. This is why a certificate holder may not exceed 12 calendar-months during training intervals.

1)    Training Hours. There are no FEAT program training hours specified in 117.9.
2)    Initial and Recurrent Training. Section 117.9 does not prescribe an initial or recurrent training curriculum. The rule only requires the covered employees to be trained on a 12-calendar-month basis (a grace month is not allowed).

3-4651    TRAINING PROGRAM APPROVAL AND ISSUANCE OF OPERATIONS SPECIFICATION (OPSPEC) A319. The issuance of OpSpec A319 requires headquarters (HQ) approval. Once the FAA approves the certificate holder’s FEAT program, the certificate holder will be issued OpSpec A319 signifying approval of the FEAT program. The OpSpec will contain the latest revision number and the FEAT program approval date. In addition, the date of the next required update will be reflected in OpSpec A319 and will be used as a means to track required updates prescribed by 117.9(c)(1).

A.    Initial Approval. AFS-200 is responsible for approving an initial FEAT program. The issuance of OpSpec A319 requires HQ approval. Once approved, AFS-200 will issue the POI an approval memo containing instructions for populating the new revision number, date of FEAT program approval, and a new 24 calendar‑month date identifying the next required update into the certificate holder’s FEAT and OpSpec A319.

B.    Minor Update. The reissuance of OpSpec A319 requires HQ approval. The reissuance of this OpSpec signifies acceptance of the certificate holder’s minor update to its FEAT program. AFS-200 will issue the POI an approval memo containing the instructions for inserting the date of the next required update, which will be inserted in the data field provided in paragraph d(1) of OpSpec A319.

C.    Major Update. The reissuance of OpSpec A319 requires HQ approval. The reissuance of OpSpec A319 signifies approval of the certificate holder’s major FEAT program update. AFS-200 will issue the POI an approval memo containing the instructions for populating the new revision number, date of FEAT program approval, and a new 24 calendar-month date identifying the next required update.

3-4652    REQUIRED TRAINING PROGRAM UPDATES. After initial approval of the FEAT program,  117.9(c)(1) requires the certificate holder to update its FEAT program at least once every 24 calendar-months. Updates must be submitted to the FAA no later than 12 calendar-months after the date of the certificate holder’s previous submission. Updates are categorized as either minor or major.

A.    Minor Updates. The FAA considers minor updates to include spelling and grammatical errors, changes to contact information, typos, and reformatting of the content. Minor updates are to be submitted to the POI for review and acceptance.

1)    Rejected Submissions. If the POI rejects a minor update, the FAA must provide the certificate holder with suggested modifications for resubmission of the update as mandated by  117.9(c)(2).
2)    Acceptance of a Minor Update. If the POI accepts the minor update, the POI will forward an acceptance memo to AFS-200 at 9-AFS-200-FRMP-FRMS@faa.gov. Upon concurrence of the minor update acceptance, AFS-200 will issue the POI an approval memo to reissue the certificate holder OpSpec A319. The approval memo will contain instructions for populating a new 24 calendar-month date identifying the next required update.

B.    Major Updates. An update that does not meet the criteria of a minor update is considered major, which requires FAA approval. The FAA emphasizes that any major update to a certificate holder’s FEAT program would be considered a new program and requires FAA approval before it may be implemented. New training programs and major updates are to be submitted to AFS-200 at 9-AFS-200-FRMP-FRMS@faa.gov. The certificate holder should copy their POI when making submissions to AFS-200.

1)    Rejected Submissions. If AFS-200 rejects the update, the certificate holder, along with the POI, will be provided with suggested modifications for resubmission of the update as mandated by 117.9(c)(2).
2)    Acceptance of a Major Update. Once approved, AFS-200 will issue an approval memo addressed to the POI, through the region, for the reissuance of OpSpec A319. The approval memo will contain instructions for populating the new revision number, date of FEAT approval, and a new 24 calendar-month date identifying the next required update.

C.    Failure to Submit Required Updates. The FAA may use its OpSpec authority under 14 CFR part 119, 119.51 to require updates to the certificate holder’s FEAT program. The FAA may use the process outlined in 119.51 to amend the certificate holder’s OpSpec A319.

3-4653    ADDITIONAL REFERENCES. More information on FEAT programs may be found in the current editions of:

    Advisory Circular (AC) 120-100, Basics of Aviation Fatigue;

    AC 117-2, Fatigue Education and Awareness Training Program;

    PL 111-216, 212(b), Fatigue Risk Management Plan;

    Volume 3, Chapter 58, Section 2, paragraph 3-4596; and

    OpSpec A319, Fatigue Education and Awareness Training (FEAT) Program Initial Approval and Updates.

Indicates new/changed information.

RESERVED. Paragraphs 3-4654 through 3-4668.