http://www.faa.gov/about/office_org/...rpretation.pdf

Explain to me again how our current procedure is kosher?

Scenario 2:
Your second scenario is as follows. Immediately prior to the beginning of the final scheduled flight segment, the pilot-in-command (PIC) realizes that he will be unable to complete that segment without a 2-hour FDP extension. You ask two questions about this scenario.
Q1: Does the fitness-for-duty affirmation that the PIC signed prior to when he found out about the delay serve as concurrence to an extension?
Subsection 117.l9(a) allows an FDP to be extended up to 2 hours beyond the pertinent FDP limit in response to unforeseen operational circumstances that arise prior to takeoff. This extension is subject to a number of limitations, one of which is that the PIC and the
certificate holder must both concur with the extension.' A document that the PIC signed before he found out about the need for an extension would not be sufficient to concur with the extension because a person cannot concur with something that he or she does not know about. Instead, the PIC must affirmatively concur with the extension.
Q2: For this question, you ask us to assume that the length of the extension in the above scenario is 30 minutes instead of two hours. You ask us whether this changes our analysis in the previous question.
In a recently-issued interpretation the FAA stated that all FDP extensions taken pursuant to § 117.19 require PIC concurrence.4 However, the FAA noted that PIC concurrence
with extensions of30 minutes or less can be accomplished via a fitness-for-duty affirmation. 5
In this case, however, even though the extension would only be 30 minutes, the PIC's
fitness for duty affirmation would be insufficient to concur with the extension because
the affirmation took place before the PIC found out about the need for an extension. This
is because the PIC cannot concur with something that he does not know about. Thus,
even though the PIC's concurrence with extensions of30 minutes or less can be done via
a fitness-for-duty affirmation, an affirmation that takes place prior to when the PIC finds
out about the need for an extension would not be sufficient as a concurrence."