H.r.1586
#1
Should be of mild interest to some of us:
FAA Air Transportation Modernization and Safety Improvement Act (Engrossed Amendment as Agreed to by Senate)
SEC. 506. PILOT FATIGUE.
(a) Flight and Duty Time Regulations-
(1) IN GENERAL- In accordance with paragraph (2), the Administrator of the Federal Aviation Administration shall issue regulations, based on the best available scientific information--
(A) to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue; and
(B) to require part 121 air carriers to develop and implement fatigue risk management plans.
(2) DEADLINES- The Administrator shall issue--
(A) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under paragraph (1); and
(B) not later than one year after the date of enactment of this Act, a final rule under paragraph (1).
(b) Fatigue Risk Management Plan-
(1) SUBMISSION OF FATIGUE RISK MANAGEMENT PLAN BY PART 121 AIR CARRIERS- Not later than 90 days after the date of enactment of this Act, each part 121 air carrier shall submit to the Administrator for review and approval a fatigue risk management plan.
(2) CONTENTS OF PLAN- A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme that enables the management of fatigue, including annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) PLAN UPDATES- A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and approval.
(4) APPROVAL-
(A) INITIAL APPROVAL OR MODIFICATION- Not later than 9 months after the date of enactment of this Act, the Administrator shall review and approve or require modification to fatigue risk management plans submitted under this subsection to ensure that pilots are not operating aircraft while fatigued.
(B) UPDATE APPROVAL OR MODIFICATION- Not later than 9 months after submission of a plan update under paragraph (3), the Administrator shall review and approve or require modification to such update.
(5) CIVIL PENALTIES- A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.
(6) LIMITATION ON APPLICABILITY- The requirements of this subsection shall cease to apply to a part 121 air carrier on and after the effective date of the regulations to be issued under subsection (a).
(c) Effect of Commuting on Fatigue-
(1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator.
(2) STUDY- In conducting the study, the National Academy of Sciences shall consider--
(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;
(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;
(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;
(E) post-conference materials from the Federal Aviation Administration's June 2008 symposium entitled `Aviation Fatigue Management Symposium: Partnerships for Solutions';
(F) Federal Aviation Administration and international policies and guidance regarding commuting; and
(G) any other matters as the Administrator considers appropriate.
(3) PRELIMINARY FINDINGS- Not later than 90 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.
(4) REPORT- Not later than 6 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit a report to the Administrator containing its findings under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.
(5) RULEMAKING- Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall--
(A) consider the findings and recommendations in the report; and
(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.
FAA Air Transportation Modernization and Safety Improvement Act (Engrossed Amendment as Agreed to by Senate)
SEC. 506. PILOT FATIGUE.
(a) Flight and Duty Time Regulations-
(1) IN GENERAL- In accordance with paragraph (2), the Administrator of the Federal Aviation Administration shall issue regulations, based on the best available scientific information--
(A) to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue; and
(B) to require part 121 air carriers to develop and implement fatigue risk management plans.
(2) DEADLINES- The Administrator shall issue--
(A) not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under paragraph (1); and
(B) not later than one year after the date of enactment of this Act, a final rule under paragraph (1).
(b) Fatigue Risk Management Plan-
(1) SUBMISSION OF FATIGUE RISK MANAGEMENT PLAN BY PART 121 AIR CARRIERS- Not later than 90 days after the date of enactment of this Act, each part 121 air carrier shall submit to the Administrator for review and approval a fatigue risk management plan.
(2) CONTENTS OF PLAN- A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme that enables the management of fatigue, including annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) PLAN UPDATES- A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and approval.
(4) APPROVAL-
(A) INITIAL APPROVAL OR MODIFICATION- Not later than 9 months after the date of enactment of this Act, the Administrator shall review and approve or require modification to fatigue risk management plans submitted under this subsection to ensure that pilots are not operating aircraft while fatigued.
(B) UPDATE APPROVAL OR MODIFICATION- Not later than 9 months after submission of a plan update under paragraph (3), the Administrator shall review and approve or require modification to such update.
(5) CIVIL PENALTIES- A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.
(6) LIMITATION ON APPLICABILITY- The requirements of this subsection shall cease to apply to a part 121 air carrier on and after the effective date of the regulations to be issued under subsection (a).
(c) Effect of Commuting on Fatigue-
(1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator.
(2) STUDY- In conducting the study, the National Academy of Sciences shall consider--
(A) the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;
(B) information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;
(C) research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;
(E) post-conference materials from the Federal Aviation Administration's June 2008 symposium entitled `Aviation Fatigue Management Symposium: Partnerships for Solutions';
(F) Federal Aviation Administration and international policies and guidance regarding commuting; and
(G) any other matters as the Administrator considers appropriate.
(3) PRELIMINARY FINDINGS- Not later than 90 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.
(4) REPORT- Not later than 6 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit a report to the Administrator containing its findings under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.
(5) RULEMAKING- Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall--
(A) consider the findings and recommendations in the report; and
(B) update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.
#2
As I see it, they may be able to mandate the locals, distance, time zones etc but some of that stuff unless mandated that you provide said information will be at your discretion.
That is just how I read this bill. Someone has to get the information, but it does not stipulate that you have to give it.
That is just how I read this bill. Someone has to get the information, but it does not stipulate that you have to give it.
#3
Airlines have commuter policies?
Commuter policies read like this...
Yada Yada Yada..
In practice go like this....
You can't make it to work?....Oh well. Come see the CP at 8am on monday morning to discuss your loss of pay and needed disciplinary action. You won't need your rep. Thanks for being honest.
...Ok I know NWA had one.
Commuter policies read like this...
Yada Yada Yada..
In practice go like this....
You can't make it to work?....Oh well. Come see the CP at 8am on monday morning to discuss your loss of pay and needed disciplinary action. You won't need your rep. Thanks for being honest.
...Ok I know NWA had one.
#4
Gets Weekends Off
Joined: Sep 2007
Posts: 1,518
Likes: 0
From: B737 CA
NWA had a very good commuter policy. Delta has a decent one. Neither of the two regionals I've worked at had commuter policies as you describe. I didn't commute for long at either but of my friends who do, I've never heard of any getting pulled into the CPs office for missing a trip while in compliance with the policy.
#5
The wording of this is to study and report back. Depending on the report back or if it actually gets done, it may receive no action.
In reality it is a can of worms that many do not want opened. I know when I commuted I was better rested than living in base. Living in base it is real life until the time you get in the car to go to work. Same with commuting but you have a little more down time until go time.
In reality it is a can of worms that many do not want opened. I know when I commuted I was better rested than living in base. Living in base it is real life until the time you get in the car to go to work. Same with commuting but you have a little more down time until go time.
#6
NWA had a very good commuter policy. Delta has a decent one. Neither of the two regionals I've worked at had commuter policies as you describe. I didn't commute for long at either but of my friends who do, I've never heard of any getting pulled into the CPs office for missing a trip while in compliance with the policy.
The DAL policy is known as "Call in Stupid".
Nuff said on that...
Nu
#7
As I see it, they may be able to mandate the locals, distance, time zones etc but some of that stuff unless mandated that you provide said information will be at your discretion.
That is just how I read this bill. Someone has to get the information, but it does not stipulate that you have to give it.
That is just how I read this bill. Someone has to get the information, but it does not stipulate that you have to give it.
Maybe those congressional idiots will give the APC mafia... (read US) a nice $2 Million grant to study the issue and collect the information. Whose with me?
#9
Gets Weekends Off
Joined: Jan 2008
Posts: 646
Likes: 0
From: erb
#10


