UPS pilots challenge FAA rest rule’s cargo exclusion

The Independent Pilots Association will make oral arguments to the U.S. Court of Appeals today in a lawsuit challenging the Federal Aviation Administration’s exclusion of all-cargo operators from its new Flightcrew Member Duty and Rest Requirements.    The Independent Pilots Association, which represents pilots working for parcel giant UPS, is scheduled to make oral arguments to the U.S. Court of Appeals for the District of Columbia Circuit today in a lawsuit challenging the Federal Aviation Administration’s exclusion of all-cargo operators from its new Flightcrew Member Duty and Rest Requirements.
   The new FAA rules, similar to rest and restart requirements for truck drivers, are designed to increase the safety of passenger flight operations by limiting the potential for fatigue among pilots.
   Some airfreight industry advocates, however, have lamented the FAA’s decision to exempt all-cargo operations from the new regulations.
   “It’s taken four years to get our day in court, but UPS pilots are ready to outline our case for one level of aviation safety,” IPA General Counsel William Trent said in a statement.
   “Congress directed the FAA to ‘issue regulations, based on the best available scientific information, to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue,’ and the scientific information on fatigue does not support the FAA’s exclusion of all-cargo operators from the final rule.
   “The FAA’s decision to leave all-cargo operations subject to the old Part 121 rules also violates the Safety Act because the decision leaves cargo pilots subject to rules that do not reflect the ‘best available scientific information’ about pilot fatigue,” he added. “And the FAA impermissibly relied on a cost-benefit analysis to ignore Congress’ directive to utilize scientific information on pilot fatigue.”
   Trent noted the IPA “does not seek to overturn the new Part 117 rules as they relate to passenger operations, but only to have the Court order the FAA to reconsider the inclusion of cargo operations consistent with its mandate from Congress.”
   More information on the IPA lawsuit, Independent Pilots Association (petitioner) v. Federal Aviation Administration (respondent); Cargo Airline Association (Intervenor), can be found on the association’s website.