New Fatigue Rules Soon
09-10-2010 | 12:25 PM
#71
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''''''
From DOT Secretary LaHood
Welcome to the FastLane: The Official Blog of the U.S. Secretary of Transportation
September 10, 2010
Landmark rule to manage pilot fatigue
will help protect 700 million air passengers each year
Today, we're announcing a significant improvement in air travel safety: a proposal to fight fatigue among commercial pilots. This will help protect the more than 700 million passengers and pilots who travel our nation's airways each year.
As you may recall, managing fatigue was a top priority in our Airline Safety Call to Action following the tragic crash of Colgan Air flight 3407 in February 2009. We held a dozen safety forums all across the US. We've talked with safety experts, aviation specialists, and fatigue scientists. And I'm pleased that we have addressed this issue.
The proposed rule also incorporates input from an Aviation Rulemaking Committee with members from labor, industry, and the FAA. As Administrator Randy Babbitt said, "Fighting fatigue is the joint responsibility of the airline and the pilot, and after years of debate, the aviation community is moving forward to give pilots the tools they need to manage fatigue and fly safely."
Key new features of the proposed rule include:
The FAA has also prepared guidance for air carriers who are required by Congress to develop a Fatigue Risk Management Plan.
One important aspect of our proposed rulemaking is that it will be open for public comment. So please weigh in at www.regulations.gov.
----
From DOT Secretary LaHood
Welcome to the FastLane: The Official Blog of the U.S. Secretary of Transportation
September 10, 2010
Landmark rule to manage pilot fatigue
will help protect 700 million air passengers each year
Today, we're announcing a significant improvement in air travel safety: a proposal to fight fatigue among commercial pilots. This will help protect the more than 700 million passengers and pilots who travel our nation's airways each year.
As you may recall, managing fatigue was a top priority in our Airline Safety Call to Action following the tragic crash of Colgan Air flight 3407 in February 2009. We held a dozen safety forums all across the US. We've talked with safety experts, aviation specialists, and fatigue scientists. And I'm pleased that we have addressed this issue.
The proposed rule also incorporates input from an Aviation Rulemaking Committee with members from labor, industry, and the FAA. As Administrator Randy Babbitt said, "Fighting fatigue is the joint responsibility of the airline and the pilot, and after years of debate, the aviation community is moving forward to give pilots the tools they need to manage fatigue and fly safely."
Key new features of the proposed rule include:
- One consistent rule for domestic, international, and unscheduled flights
- A nine-hour opportunity for rest prior to duty (a one-hour increase over current rules)
- New approach to measuring a rest period that guarantees the opportunity for eight hours of sleep
- Different requirements based on time-of-day, number of scheduled segments, flight types, time zones, and likelihood that a pilot is able to sleep
- Weekly and monthly limits on duty time of any kind
- Thirty consecutive hours free from duty every week (a 25% increase over current rules)
The FAA has also prepared guidance for air carriers who are required by Congress to develop a Fatigue Risk Management Plan.
One important aspect of our proposed rulemaking is that it will be open for public comment. So please weigh in at www.regulations.gov.
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09-10-2010 | 12:38 PM
#72
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So here is where we still won't be getting "8hrs of sleep". Under definitions:
Rest period means a continuous period determined prospectively during which the crew member is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.
So basicly still sounds like it is NOT behind the door rest.
Rest period means a continuous period determined prospectively during which the crew member is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.
So basicly still sounds like it is NOT behind the door rest.
09-10-2010 | 12:41 PM
#73
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Got it. I see where you are now. I do wish ALPA hadn't even proposed anything with the flight time over 8, but you are right. It's going to come down to the comment.
The rule as written puts IAD-CDG, FRA, AMS, LHR, BRU in play with 2 pilots and marginal tweaking, and IAD-GVA and ZRH in play with a little extra tweaking. That's just at UAL! Add CAL at EWR, AMR and DAL at JFK, and US at PHL and you have hundreds of pilot jobs at stake here. Hopefully ALPA will repond appropriately. We will see.
The rule as written puts IAD-CDG, FRA, AMS, LHR, BRU in play with 2 pilots and marginal tweaking, and IAD-GVA and ZRH in play with a little extra tweaking. That's just at UAL! Add CAL at EWR, AMR and DAL at JFK, and US at PHL and you have hundreds of pilot jobs at stake here. Hopefully ALPA will repond appropriately. We will see.
I do think that ALPA will respond approriately to that provision in there. They will probably have guidance as well for the members to respond.
09-10-2010 | 01:12 PM
#74
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This is the ALPA blast mail summary:
a. The proposed rules will eliminate distinctions between domestic, flag, and supplemental operations.
b. Rules contained within this NPRM will apply to all flights conducted by 121 certificate holders, including ferry flights, repositioning flights, delivery flights, etc.
c. Public comments are due to the FAA 60 days from today.
d. A final rule must be enacted by August 1, 2011.
e. The proposed minimum rest period prior to duty is 9 hours at the hotel.
f. The proposed maximum duty day ranges from 9 to 13 hours, depending on the pilot’s start time and the number of flight segments.
g. The proposed maximum flight time ranges from 8 to 10 hours, depending on the pilot’s start time and the number of flight segments.
h. Fatigue mitigation is identified as a joint responsibility between the air carrier and the pilot.
i. Carrier must develop and implement an internal evaluation and audit program to monitor whether flightcrew members are reporting to work fatigued.
j. Pilots must receive 30 consecutive hours free from duty in each 7 day period.
k. Carriers must implement a Fatigue Risk Management System
l. Carriers must implement a fatigue education and training program for flight crewmembers.
a. The proposed rules will eliminate distinctions between domestic, flag, and supplemental operations.
b. Rules contained within this NPRM will apply to all flights conducted by 121 certificate holders, including ferry flights, repositioning flights, delivery flights, etc.
c. Public comments are due to the FAA 60 days from today.
d. A final rule must be enacted by August 1, 2011.
e. The proposed minimum rest period prior to duty is 9 hours at the hotel.
f. The proposed maximum duty day ranges from 9 to 13 hours, depending on the pilot’s start time and the number of flight segments.
g. The proposed maximum flight time ranges from 8 to 10 hours, depending on the pilot’s start time and the number of flight segments.
h. Fatigue mitigation is identified as a joint responsibility between the air carrier and the pilot.
i. Carrier must develop and implement an internal evaluation and audit program to monitor whether flightcrew members are reporting to work fatigued.
j. Pilots must receive 30 consecutive hours free from duty in each 7 day period.
k. Carriers must implement a Fatigue Risk Management System
l. Carriers must implement a fatigue education and training program for flight crewmembers.
09-10-2010 | 02:50 PM
#75
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From: 737 CA
So here is where we still won't be getting "8hrs of sleep". Under definitions:
Rest period means a continuous period determined prospectively during which the crew member is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.
So basicly still sounds like it is NOT behind the door rest.
Rest period means a continuous period determined prospectively during which the crew member is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.
So basicly still sounds like it is NOT behind the door rest.
NPRM page 85:
This proposal does not exactly mirror the ARC recommendation, because the
FAA is proposing that transportation time to or from a duty station not be included in the
minimum rest periods; nor would it be considered duty. Rather, the rest period would
begin once the flightcrew members reach the hotel. The FAA’s proposal does not change
the intent of the ARC to generally assure an 8-hour sleep opportunity. However, the
FAA believes that time in transit is not rest. In addition, the agency is concerned that
allowing this time to be included in the rest period could result in a reduction in actual
rest opportunity below 8 hours. The ARC members recognized this possibility and
considered an approach whereby any time exceeding 30 minutes would not be considered
in the rest period. Ultimately, the impact is the same; it is simply clearer from a
regulatory perspective to acknowledge that time in transit is not rest. The FAA has
decided against treating this time as duty because it recognizes that the permissible
amount of cumulative duty is only nominally higher than the permissible amount of FDP
and that the location of a rest facility is a lifestyle issue that is typically negotiated
between the carriers and their unions.
The FAA seeks comment on the following:
33) If transportation is not considered part of the mandatory rest period, is there a
need for a longer rest period for international flights?
This proposal does not exactly mirror the ARC recommendation, because the
FAA is proposing that transportation time to or from a duty station not be included in the
minimum rest periods; nor would it be considered duty. Rather, the rest period would
begin once the flightcrew members reach the hotel. The FAA’s proposal does not change
the intent of the ARC to generally assure an 8-hour sleep opportunity. However, the
FAA believes that time in transit is not rest. In addition, the agency is concerned that
allowing this time to be included in the rest period could result in a reduction in actual
rest opportunity below 8 hours. The ARC members recognized this possibility and
considered an approach whereby any time exceeding 30 minutes would not be considered
in the rest period. Ultimately, the impact is the same; it is simply clearer from a
regulatory perspective to acknowledge that time in transit is not rest. The FAA has
decided against treating this time as duty because it recognizes that the permissible
amount of cumulative duty is only nominally higher than the permissible amount of FDP
and that the location of a rest facility is a lifestyle issue that is typically negotiated
between the carriers and their unions.
The FAA seeks comment on the following:
33) If transportation is not considered part of the mandatory rest period, is there a
need for a longer rest period for international flights?
§ 117.25 Rest period.(d) No certificate holder may schedule and no flightcrew member may accept
an assignment for reserve or a flight duty period unless the flightcrew member is given a
rest period of at least 9 consecutive hours before beginning the reserve or flight duty
period measured from the time the flightcrew member reaches the hotel or other suitable
accommodation.
an assignment for reserve or a flight duty period unless the flightcrew member is given a
rest period of at least 9 consecutive hours before beginning the reserve or flight duty
period measured from the time the flightcrew member reaches the hotel or other suitable
accommodation.
09-10-2010 | 02:55 PM
#76
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From: 737 CA
Without contractual protections, I see the potential for arbitrary fatigue assessment at report time and the increased use of airport ready reserves to replace a pilot who is so deemed to be "unfit for duty".
09-10-2010 | 03:54 PM
#77
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From: Capt
Hi!
mmaviator: "I know this affects everyone and I haven't read through the document but are these new rules better or still worse than ICAO rules?"
ICAO does not have any rules. The CAA (local FAAs) that all operate under ICAO all have their own rules. For example, the European rules are 190 duty hours max in 30 days, while the Kenya CAA rules are 160 duty hours in 30 days. The Kenya CAA rules for duty/rest were quite different than the British CAA rules, but they were both a TON better than FAA rules overall (in Kenya, I had 11 hours min rest, NOT reducable for any reason.).
cliff
mmaviator: "I know this affects everyone and I haven't read through the document but are these new rules better or still worse than ICAO rules?"
ICAO does not have any rules. The CAA (local FAAs) that all operate under ICAO all have their own rules. For example, the European rules are 190 duty hours max in 30 days, while the Kenya CAA rules are 160 duty hours in 30 days. The Kenya CAA rules for duty/rest were quite different than the British CAA rules, but they were both a TON better than FAA rules overall (in Kenya, I had 11 hours min rest, NOT reducable for any reason.).
cliff
09-10-2010 | 04:03 PM
#78
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From: Capt
Hi!
shfo: "Nice of them to think of the reserves. Basically no change. You can have a 16 hour duty day. Good thing my contract protects me more than the FAA."
I have not seen the reserve rules, but 9 hours rest is required AT the hotel/rest facility. So, you couldn't do two 16 hour reserve days in a row...
And, the -121 airline I was at had 24/7 reserve indefinitely, until you were called on a trip (or went on days off). My record was approximately 240 hours of continuous reserve, and then called for a trip (25" callout time). This was allowed because -121 was divided into domestic, intntl and supplemental...no more!
cliff
shfo: "Nice of them to think of the reserves. Basically no change. You can have a 16 hour duty day. Good thing my contract protects me more than the FAA."
I have not seen the reserve rules, but 9 hours rest is required AT the hotel/rest facility. So, you couldn't do two 16 hour reserve days in a row...
And, the -121 airline I was at had 24/7 reserve indefinitely, until you were called on a trip (or went on days off). My record was approximately 240 hours of continuous reserve, and then called for a trip (25" callout time). This was allowed because -121 was divided into domestic, intntl and supplemental...no more!
cliff
09-10-2010 | 04:53 PM
#79
On Reserve
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From: Gear handle manipulator
Here is a link to the new regs. Looks pretty good!
FAA Proposes New flight- and Duty-time Rules : AINonline
FAA Proposes New flight- and Duty-time Rules : AINonline
09-10-2010 | 05:27 PM
#80
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I'll tell you guys what isn't good. They are going to allow 2 pilots on Europe flights that now require 3 pilots. They are going to allow 3 crew members on flights that now require 4 pilots. A lot of major airlines do trips to the Caribbean where one crew deadheads down to fly back and vice versa (4 pilots required). Some airlines just send an IRO down (3 pilots required). The new rules will let 2 pilots fly it. Same with transcontinental turns. It will be allowed. This will eliminate more high paying jobs thereby affecting the regionals. Just something to think about.
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