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• Rest Periods. Pilots must be given a 10-hour rest period between flights, eight of which must be allocated for uninterrupted sleep. This rest period rest is measured from the time that the flight crew member is released from duty. The prior rule provided for nine hours (reducible to eight under certain circumstances), and did not take uninterrupted sleep time into consideration. In addition, pilots must be free from duty for a period of at least 30 consecutive hours (up from 24) per week.
• Flight Duty Periods. The new flight duty periods range from 9-14 hours for single crew operations (down from a maximum of 16 hours under the prior rule), beginning when the pilot is required to report for duty and ending when the plane is parked after the final flight. This time period “includes the period of time before a flight or between flights that a pilot is working without an intervening rest period. Flight duty includes deadhead transportation, training in an aircraft or flight simulator, and airport standby or reserve duty if these tasks occur before a flight or between flights without an intervening required rest period.”
• Flight Time Limits. Flight time is limited to eight or nine hours (depending on start time), beginning and ending from when the plane is moving on its own power.
• Cumulative Flight Duty and Flight Time Limits. The final rule imposes new weekly and monthly limits on work schedules to combat cumulative sleep deprivation and imposes monthly and annual limits on actual flight time.
• Varying Requirements. The rule takes into consideration pilots’ circadian rhythms by adjusting flight and duty time based on the time of day they begin their first flight, the number of scheduled flight segments, and the different time zones. Although prior rules set different rest requirements for domestic, international and unscheduled flights, these differences “were not necessarily consistent across different types of passenger flights, and did not take into account factors such as start time and time zone crossings.”
• Split Duty. A pilot’s flight duty time does not include the time he or she is provided with a suitable rest period while on a flight, provided that this rest period occurs at night, lasts at least three hours during the flight, and is scheduled in advance, among other conditions.
• Reserve Status. The new rule mandates that pilots be provided a rest period of at least ten consecutive hours immediately before beginning a reserve period. The prior rule required only that the pilot be free from duty for 24 hours in any seven-day period.
• Fitness for Duty. The rule asserts that both the airline and the pilot are jointly responsible for fatigue mitigation. Pilots must attest that they are fit for duty. If the pilot reports that he or she is too fatigued to fly, the airline must remove the pilot from duty.
• Fatigue Risk Management System. The Airline Safety and Federal Aviation Administration Extension Act of 2010 requires air carriers to maintain a Fatigue Risk Management Plan (FRMP). The final rule gives airlines the flexibility to adopt their own set of policies and procedures to combat fatigue.
• Training. The final rule requires airlines to provide annual fatigue education and awareness training for pilots, dispatchers, and other employees directly involved in the flight’s operation.

The FAA estimates that the changes required by this rule will cost the aviation industry $297 million. The agency’s final rule exempts all-cargo operations, as “their compliance costs significantly exceed the quantified societal benefits.” More information on the FAA’s new rule can be found here.

Photo credit: Monika Wisniewska

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