AVIATION/ FAA PROPOSES RULE TO FIGHT PILOT FATIGUE

Reacting to the deadly crash of COLGAN AIR Flight 3407 in Clarence Center, New York, early last year, the FAA yesterday unveiled a long-awaited proposal to combat fatigue among commercial Pilots by requiring longer rest periods, shorter times on duty and limits on the number of hours they can fly. The proposed rules, however, do not address one of the key issues raised by the February 2009 Colgan Air crash, the long and potentially tiring commutes, sometime over hundreds of miles, that many regional Airline Pilots make before reporting for work. The crash of the Colgan Dash 8-400, pictured above, that killed 50 people, raised broad questions about training, long hours, and working conditions for regional Airline Pilots. After the disaster, the Obama administration identified fatigue in the Airline industry as a top priority for federal regulators. If adopted after a review period, the proposals by the FAA would require that Airline Pilots get a minimum of 9 hours rest starting when they arrive at their homes, hotels or apartments after work. The measures seek to ensure that the Pilot has the chance to get 8 hours of actual sleep during the rest period. This would be a significant change over current rules, which have been largely unchanged since the 1940s. They require a minimum of 8 hours rest between shifts, including commute times between the Airport and the hotel. Under the new proposals, Pilots who feel they are too tired to fly also can decline to take flights without fear of reprimand or discipline by employers, something Pilots have complained about in the past. The time a Pilot spends on duty, which includes flying, flight checks, and waiting between flights, would be limited to 13 hours a day depending on the number of hours flown, the number of flights and a Pilot's starting time, such as very early in the morning. The current limit is 16 hours. The rules address cumulative fatigue by placing weekly and 28-day limits on the amount of time a Pilot may be assigned to any type of duty. In addition, 28-day and annual limits would be placed on the hours a Pilot flies. Today, a Pilot can fly no more than 8 hours per 24 hours. According to the FAA, these changes would provide Pilots at least 30 consecutive hours off on a weekly basis, a 25% increase over current rules. Under the proposals, the amount of rest or time off would be determined based on the time of day, the number of scheduled flights, the time zones Pilots fly through, the type of flights, and the likelihood that a Pilot is able to sleep under different circumstances. The rules will not be final until the public, Airlines, Pilots, safety experts and government regulators, such as the NTSB, get to comment in writing during the next 60 days. The FAA has until August 1, 2011, to evaluate the comments, make changes and approve the regulations.