NOTICE

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

N 8900.404

 

National Policy

Effective Date: 2/14/17

 

 

Cancellation Date: 2/14/18

SUBJ:

Flight Standards Information Management System (FSIMS) Link to Clarifying Policy Regarding Flight Time, Duty, and Rest

 

1.    Purpose of This Notice. This notice announces the publication of the Flight Standards Service’s (AFS) formal responses to questions regarding the flight time, duty, and rest requirements of Title 14 of the Code of Federal Regulations (14 CFR) parts 117, 121, and 135. These responses are now available via a link under the “Publications” tab in FSIMS.

2.    Audience. The primary audience for this notice is Federal Aviation Administration (FAA) certificate‑holding district offices (CHDO), principal operations inspectors (POI) assigned to oversight of part 121 and part 135 certificate holders, and AFS divisions and branches in the regions and in headquarters (HQ).

3.    Where You Can Find This Notice. You can find this notice on the MyFAA employee website at https://employees.faa.gov/tools_resources/orders_notices. Inspectors can access this notice through FSIMS at http://fsims.avs.faa.gov. Operators can find this notice on the FAA’s website at http://fsims.faa.gov. This notice is available to the public at http://www.faa.gov/regulations_policies/orders_notices.

4.    Background. In recent years, the FAA has received a number of requests for interpretation or clarification regarding the flight time, duty, and rest requirements of parts 117, 121, and 135. The requests are either handled by the Office of the Chief Counsel (AGC) in the form of a legal interpretation or, in some cases, AGC forwards the request to AFS to address as a matter of policy. Legal interpretations are typically available to the public via the internet. However, up until now AFS responses to requests for clarification or interpretation are provided only to the inquirer and are not made a matter of public record. AFS has determined that it would be appropriate to publish these responses for the benefit of the agency and the public, as well as a means to establish them as national policy.

5.    New Link Available in FSIMS. AFS has established a link in FSIMS that connects the audience directly to the formal responses prepared by AFS, to questions from the FAA and external stakeholders regarding the flight time, duty, and rest requirements of parts 117, 121, and 135. The link is titled “Clarifying Policy Regarding Flight Time, Duty, and Rest,” and can be accessed via the “Publications” tab in FSIMS. AFS considers the responses provided under this link to be a matter of national policy. All responses are grouped by regulatory part (117, 121, or 135). The responses are available at
http://fsims.faa.gov/PICResults.aspx?mode=Publication&doctype=Clarify%20Policy.

6.    New Section in FAA Order 8900.1, Volume 3, Chapter 58, Management of Aviation Fatigue. Information in this notice is permanently captured in a new section of Order 8900.1, Volume 3, Chapter 58, Section 5, titled “Clarifying Policy Regarding the Fight Time, Duty, and Rest Requirements of 14 CFR Parts 117, 121, and 135.” The main purpose of the new section is to direct the reader to the “Clarifying Policy Regarding Flight Time, Duty, and Rest” link under the “Publications” tab in FSIMS.

7.    Action. There is no required action associated with this notice. However, AFS recommends POIs and aviation safety inspectors (ASI), with oversight responsibility of certificate holders conducting part 121 and/or part 135 operations, inform the certificate holders for whom they are responsible of the contents of this notice and the new link available in FSIMS.

8.    Disposition. The information in this notice has been incorporated into Order 8900.1, Volume 3, Chapter 58, Section 5 and is available in FSIMS. Direct questions concerning the information in this notice to the Part 121 Air Carrier Operations Branch (AFS-220) at 202-267-8166.

ORIGINAL SIGNED by

/s/ John Barbagallo

Deputy Director, Flight Standards Service