The Federal Aviation Administration (FAA) has released its much-anticipated proposed regulations (pdf) governing rest rules for commercial airline pilots. Spurred by the February 2009 fatigue-related crash of Colgan Air 3407 in Buffalo, New York, these rules impose a number of new requirements on airlines to address flight operation and rest time. The rules are also in response to the recently-enacted Airline Safety and Federal Aviation Administration Extension Act of 2010, which directed the FAA to establish regulations to address pilot fatigue by August 1, 2011. In a statement, FAA Administrator Randy Babbitt said: “I know firsthand that fighting fatigue is a serious issue, and it is the joint responsibility of both the airline and the pilot,” adding, “After years of debate, the aviation community is moving forward to give pilots the tools they need to manage fatigue and fly safely.”

Generally, the proposed regulations would require that pilots rest for at least nine hours prior to engaging in flying-related duty, which is a one-hour increase over current rest regulations. Flying-related duty includes the period of time when pilots report for duty with the intention of flying an aircraft, operating a simulator or operating a flight training device. The regulations would also limit a pilot’s daily flight period to 13 hours per day – reduced from the current 16-hour limitation – but would institute a sliding hourly scale depending on the time of day, number of flight segments scheduled, and other considerations that would impact a pilot’s natural sleep habits.

In addition, the regulations would impose weekly, monthly, and yearly limits on work schedules to combat cumulative sleep deprivation. For example, the regulations call for pilots to be free from duty for a period of at least 30 consecutive hours per week, up from the current floor of 24 hours. With respect to monthly limits, the regulations would mandate that pilots perform flight duty for no more than 100 hours in any 28-day period. Current regulations set a 30-day window. Under the regulations, a pilot would not be permitted to fly for more than 1,000 hours in any calendar year for any type of flight.

According to a fact sheet on the proposed regulations, the key differences between them and the existing regulations include the following:

• The proposed regulations establish uniform rest requirements for various types of flights (passenger and cargo airlines; domestic, international; etc.). Current regulations differentiate among domestic, international, and unscheduled flights.
• The proposed regulations take into consideration a pilot’s circadian rhythms by adjusting flight and duty time based on, among other considerations, the time of day, the number of scheduled flight segments, the different time zones, and type of flight.
• The proposed regulations assert that both the airline and the pilot are jointly responsible for fatigue mitigation. Pilots would not be penalized for refusing to fly if they deem themselves too tired to do so.
• The Airline Safety and Federal Aviation Administration Extension Act of 2010 requires air carriers to maintain a Fatigue Risk Management Plan (FRMP). The proposed regulations would give airlines the flexibility to adopt their own set of policies and procedures to combat fatigue. According to the FAA, such plans are specific to an air carrier’s type of operations, are subject to the FAA’s review and acceptance, and include fatigue education and awareness training.

The FAA estimates that the total cost of the proposed rule will be $1.25 billion ($804 million present value) for the ten year period from 2013 to 2022. In addition, the agency predicts that there will be costs associated with fatigue risk management systems (FRMS). Specifically, the FAA projects that an FRMS program would cost between $0.8 and $10.0 million for each operator over a ten-year period. However, the FAA estimates that at least 35 operators have already adopted at least a partial FRMS, and predicts that these costs “would be more than offset by a reduction in crew scheduling costs.”

The agency is seeking comments to accomplish the following:

• Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
• Evaluate the accuracy of the agency's estimate of the burden;
• Enhance the quality, utility, and clarity of the information to be collected; and
• Minimize the burden of collecting information on those who are to respond, including by using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

These proposed rules will be published in the September 14, 2010 edition of the Federal Register. Comments on these regulations are due by November 13, 2010, and may be submitted via the federal eRulemaking portal: www.reguations.gov, or sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for FAA, New Executive Building, Room 10202, 725 17th Street, NW, Washington, DC 20053.

Photo credit: Monika Wisniewska