UPS Pilots File Statement of Issues in IPA v. FAA

Release Date: 1/23/2012 11:00 AM

WASHINGTON, Jan. 23, 2012 – Today the Independent Pilots Association (UPS pilots) filed its preliminary statement of issues as ordered by the U.S. Court of Appeals for the D.C. Circuit in its challenge to the FAA's exclusion of cargo operations from its final rule on pilot flight and duty time.

"Our preliminary statement of issues outlines the basic arguments we will raise to advance our case," said IPA General Counsel William Trent; "it is the basis of our challenge to the FAA's exclusion of cargo airlines from the final rule." He added that IPA does not seek to vacate or delay the rule itself.

The Association is challenging the exclusion of cargo operators on the following grounds:

• The FAA's capricious decision to discard its August 2010 proposal that uniformly applied science-based flight and duty time rules to both passenger and cargo carriers is based on a cursory assertion that compliance costs for cargo operations significantly exceed the related societal benefits;
• The FAA's arbitrary assumptions and estimates in its cost-benefit analysis lack substantial evidence;
• The FAA failed to act in accordance with law by not providing interested parties an opportunity to review and comment on its cost-benefit calculations, the FAA's sole basis for its determination to exclude cargo operations from the final rule; and
• The FAA failed to act in accordance with law by ignoring the fatigue facts and factors that are more prevalent in cargo operations, specifically night-time operations and flying across multiple time zones.

"The Court has ordered the FAA to file the certified index of the record, essentially a catalog of the regulatory docket, by February 6," said Trent; "this will be the first chance we have to review the entire record relied upon by the FAA in reaching its decision on the final rule."

To see the entire Potential Issues for IPA Preliminary, Non-Binding Statement of Issues and other materials related to IPA v. FAA/ USCA Case #11-1483 please go to: http://www.ipapilot.org/IPAvFAA.asp

Contact: Brian Gaudet
(301) 957-4323

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IPA Petition for Review Information

Release Date: 12/22/2011

Today the Independent Pilots Association (UPS pilots) filed a Petition for Review in the U.S. Court of Appeals for the D.C. Circuit in order to challenge FAA's exclusion of cargo operations from the final flight and duty time rule issued yesterday.

“The IPA seeks to have cargo operations included within the scope of the rule because of the safety benefits provided by the rule.  IPA does not seek to delay implementation of these important safety benefits to passenger operations,” said IPA General Counsel William Trent.  He stated that the Association, representing the 2,700 pilots flying for UPS, would challenge the rule on multiple substantive and procedural grounds.

 “The internal inconsistency of the final rule is remarkable.  For example, the FAA states that current regulations do not adequately address the risk of fatigue (Rule p.19,) and that the maintenance of the status quo presents an ‘unacceptably high aviation accident risk” (Rule p. 259.)  Yet two of the very factors that the FAA cites as exacerbating the risk of pilot fatigue—operating at night and crossing multiple time zones (Rule p.5) are more present in cargo operations than in passenger operations,” said Trent. 

“The FAA’s only basis for excluding cargo rests on a cost benefit analysis,” said Trent.  “Yet, the Agency does not articulate how it arrived at either the projected costs or benefits of applying the final rule to cargo operators.  The rule is wholly and utterly opaque when it comes to providing any factual support for the cost benefit conclusions reached,” he added. 

“Procedural irregularities are present as well,” said Trent.  “Cargo operators were allowed to supplement the record after the public NPRM comment period was officially closed.  Accepted into the closed record was unsupported costing data provided by carriers.  This data has not been subject to public scrutiny or review,” Trent added.

In January, IPA will file additional court papers including a preliminary statement of issues it expects to raise in the case.

For additional information please go to:  www.ipapilot.org

Contacts: 
William C. Trent, IPA General Counsel
(502) 472-1299 btrent@ipapilot.org  

Thomas R. Devine, Kaplan Kirsch & Rockwell
(202) 955-5600 X 568 - tdevine@kaplankirsch.com

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UPS pilots reaction to new FAA flight & duty time rules

Release Date: 12/21/2011 10:19:51 AM

LOUISVILLE, December 21, 2011 – The following statement is from Captain
Robert Travis, President of the Independent Pilots Association (UPS pilots):

"Giving air cargo carriers the choice to opt-in to new pilot rest rules makes as much sense as allowing truckers to 'opt-out' of drunk driving laws.

To potentially allow fatigued cargo pilots to share the same skies with properly rested passenger pilots creates an unnecessary threat to public safety. We can do better.

Congress directed the FAA to create new science-based flight and duty rules to establish one level of aviation safety to protect the public. Today, under intense pressure from the cargo industry lobby, the FAA has failed to carry out this basic congressional mandate.

At the same time we work to reverse the ‘opt-in’ provision, we will ask UPS to voluntarily operate under these new science-based safety rules. UPS is a premier company and our expectation is that UPS will honor their longstanding pledge to operate the world’s safest airline.”

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Bob Travis Interview

Release Date: 12/21/2011

IPA President Bob Travis interviewed on Bloomberg Television's "The InsideTrack" regarding the dangers associated with the carriage of lithium batteries on aircraft.

Click Here to see the video

 

 

Union leaders of the two largest air cargo carriers, UPS and FedEx, combined forces today in a joint letter to President Obama strongly opposing any cargo "cut-out" or exemption from proposed new pilot flight and duty regulations. ALPA President Lee Moak, IPA President Robert Travis, and ALPA FedEx MEC Chairman Scott Stratton asked the U.S. President (see letter below) to reject powerful cargo aviation lobbying attempts to create two levels of aviation safety.

"We strongly request that you direct the Office of Management and Budget (OMB) to require 'One Level of Safety,' with respect to fatigue mitigating rules," wrote the union leaders. "A fatigue-impaired cargo pilot poses the same threats to the general public as a fatigue-impaired passenger pilot."

"This statement by the representatives of the nation's two largest air cargo operators sends a clear and unambiguous message to the White House," said IPA President Bob Travis. "This letter is in response to an eleventh hour move by the cargo aviation lobby attempting to kill years of effort to incorporate science-based fatigue rules into the FARs," he added.

Travis said that ALPA, IPA and Teamster Representatives, including all of the member CAPA unions, have worked hard over the past two years to make a rule re-write possible.

"Working together, we have come far, but the cargo lobby is now pulling out every stop in an attempt to gut or carve themselves out of these new rules," said Travis.

The IPA President again urged all IPA members, their families and friends to utilize the CapWiz system to contact their congressman, senators, and the White House. The system can be accessed by clicking here.

Click Here to read the letter.

 

 

The following advertisement appears in the Thursday, November 10, 2011 edition of USA Today.

The IPA, working together with Jim Hall, former Chairman of the National Transportation Safety Board, developed this as part of a final surge prior to the release of new FAA flight and duty time rules. The IPA is an industry leader on the issue of pilot fatigue and the development of the FAA's proposed rule to update existing flight and duty limits. The IPA partnered with Chairman Hall, a true champion on this issue, to help ensure unfettered passage of the new rules and to encourage the Obama administration to issue one rule for all airlines, representing one level of safety with no special exemptions for cargo carriers.