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Old 03-03-2009 | 05:37 PM
  #11  
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From: EMB 145 CPT
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Originally Posted by HSLD
The FAA has a dual role, to promote and regulate. The NTSB has cited this conflict of interest for years as not making the skies as safe as they could be.

The promotion role is heavily influenced by IATA lobbies that would strenuously fight any additional expense to it's members (the airlines).

Bottom line is that the airlines have a better union than any labor organization in terms of influencing regulatory change of the FARs.

The best bet IMO is still patterned bargaining by labor.
23 SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIA
24 TIVE.
25 (a) FINDINGS.—Congress finds the following:

121
1 (1) Subsections (a) and (d) of section 40101 of
2 title 49, United States Code, directs the Federal
3 Aviation Administration (in this section referred to
4 as the ‘‘Agency)’’) to make safety its highest pri
5 ority.
6 (2) In 1996, to ensure that there would be no
7 appearance of a conflict of interest for the Agency
8 in carrying out its safety responsibilities, Congress
9 amended section 40101(d) of such title to remove
10 the responsibilities of the Agency to promote air
11 lines.
12 (3) Despite these directives from Congress re
13 garding the priority of safety, the Agency issued a
14 vision statement in which it stated that it has a ‘‘vi
15 sion’’ of ‘‘being responsive to our customers and ac
16 countable to the public’’ and, in 2003, issued a cus
17 tomer service initiative that required aviation inspec
18 tors to treat air carriers and other aviation certifi
19 cate holders as ‘‘customers’’ rather than regulated
20 entities.
21 (4) The initiatives described in paragraph (3)
22 appear to have given regulated entities and Agency
23 inspectors the impression that the management of
24 the Agency gives an unduly high priority to the sat
25 isfaction of regulated entities regarding its inspec-

122
1 tion and certification decisions and other lawful ac
2 tions of its safety inspectors.
3 (5) As a result of the emphasis on customer
4 satisfaction, some managers of the Agency have dis
5 couraged vigorous enforcement and replaced inspec
6 tors whose lawful actions adversely affected an air
7 carrier.
8 (b) MODIFICATION OF INITIATIVE.—Not later than
9 90 days after the date of enactment of this Act, the Ad
10 ministrator of the Federal Aviation Administration shall
11 modify the customer service initiative, mission and vision
12 statements, and other statements of policy of the Agen
13 cy—
14 (1) to remove any reference to air carriers or
15 other entities regulated by the Agency as ‘‘cus
16 tomers’’;
17 (2) to clarify that in regulating safety the only
18 customers of the Agency are individuals traveling on
19 aircraft; and
20 (3) to clarify that air carriers and other entities
21 regulated by the Agency do not have the right to se
22 lect the employees of the Agency who will inspect
23 their operations.
24 (c) SAFETY PRIORITY.—In carrying out the Adminis
25 trator’s responsibilities, the Administrator shall ensure

123
1 that safety is given a higher priority than preventing the
2 dissatisfaction of an air carrier or other entity regulated
3 by the Agency with an employee of the Agency.
http://transportation.house.gov/Medi...9/HR%20915.pdf

Originally Posted by Rama04
I have written recently but, for the vast majority of airline pilots, 16 hours isn't their duty period. At many airlines, your duty period is less than 15 and rare if it goes that far . . .
A lot of contracts restrict their pilots to way less than 16 - these pilots dont care to write . . . ALPA needs to grow a set . . .
You can thank ALPA for these sections of this bill.


15 SEC. 306. FLIGHT CREW FATIGUE.
16 (a) IN GENERAL.—Not later than 3 months after the
17 date of enactment of this Act, the Administrator of the
18 Federal Aviation Administration shall conclude arrange19
ments with the National Academy of Sciences for a study
20 of pilot fatigue.
21 (b) STUDY.—The study shall include consideration
22 of—
23 (1) research on pilot fatigue, sleep, and circa
24 dian rhythms;

99
1 (2) sleep and rest requirements of pilots rec
2 ommended by the National Aeronautics and Space
3 Administration and the National Transportation
4 Safety Board; and
5 (3) Federal Aviation Administration and inter
6 national standards regarding flight limitations and
7 rest for pilots.
8 (c) REPORT.—Not later than 18 months after initi9
ating the study, the National Academy of Sciences shall
10 submit to the Administrator a report containing its find
11 ings and recommendations regarding the study under sub
12 sections (a) and (b), including recommendations with re
13 spect to Federal Aviation Administration regulations gov
14 erning flight time limitations and rest requirements for
15 pilots.
16 (d) RULEMAKING.—After the Administrator receives
17 the report of the National Academy of Sciences, the Ad
18 ministrator shall consider the findings in the report and
19 update as appropriate based on scientific data Federal
20 Aviation Administration regulations governing flight time
21 limitations and rest requirements for pilots.

8 SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS
9 APPLICABLE TO FLIGHT CREWMEMBERS.
10 Not later than 180 days after the date of enactment
11 of this Act, the Administrator of the Federal Aviation Ad
12 ministration shall initiate a rulemaking proceeding for the
13 following purposes:
14 (1) To require a flight crewmember who is em
15 ployed by an air carrier conducting operations under
16 part 121 of title 14, Code of Federal Regulations,
17 and who accepts an additional assignment for flying
18 under part 91 of such title from the air carrier or
19 from any other air carrier conducting operations
20 under part 121 or 135 of such title, to apply the pe
21 riod of the additional assignment (regardless of
22 whether the assignment is performed by the flight
23 crewmember before or after an assignment to fly
24 under part 121 of such title) toward any limitation

229
1 applicable to the flight crewmember relating to duty
2 periods or flight times under part 121 of such title.
3 (2) To require a flight crewmember who is em
4 ployed by an air carrier conducting operations under
5 part 135 of title 14, Code of Federal Regulations,
6 and who accepts an additional assignment for flying
7 under part 91 of such title from the air carrier or
8 any other air carrier conducting operations under
9 part 121 or 135 of such title, to apply the period of
10 the additional assignment (regardless of whether the
11 assignment is performed by the flight crewmember
12 before or after an assignment to fly under part 135
13 of such title) toward any limitation applicable to the
14 flight crewmember relating to duty periods or flight
15 times under part 135 of such title.

http://transportation.house.gov/Medi...9/HR%20915.pdf
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