FAA

Federal Aviation Authority

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    Northwest Gets Out of Hot Water Without Cool Cash

    A federal investigation has published findings that Northwest Airlines violated FAA safety directives.

    The investigation by the U.S. Office of Special Counsel corroborates the allegations of a whistleblower who alleged the carrier had inadequate policies and procedures in 2008. The Office of Special Counsel indicated that FAA inspectors were going to work with Northwest to resolve deficiencies, and close cases with letters of correction rather than penal fines. However two Northwest managers may be disciplined.

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    FAA PR: Climbing Into Thin Air

    July 21–How does an airport suddenly go from being 2,000 feet to more than a mile high? Barring a “Hollywood-style” seismic event at your airport, the answer is density altitude; in other words, how high an aircraft “thinks” it is. When density altitude is high as a result of temperatures above standard at a given altitude, the air is less dense than normal. This means an aircraft will perform as if at a higher altitude with degraded climb performance and acceleration; two pretty important factors on a hot, humid day with a short runway and 50-foot pine trees looming at the end.

    The article “Climbing into Thin Air,” featured in the July/August issue of FAA Safety Briefing, offers more information on this “hot” topic.

    “Density altitude is not just a concern for flying in the mountains,” says FAA’s Bryan Neville. “Hot temperatures can have an affect at any altitude.” Neville, a former adjunct aviation professor and flight instructor with experience at both high- and low-elevation airports, suggests becoming familiar with the weight-and-balance and the performance and limitations sections of your pilot’s operating handbook (POH) or airplane flight manual.

    One the ways to keep your cool aloft on those hot summer days is to avoid takeoffs and landings at midday when temperatures are usually at their highest. Instead, take advantage of cooler mornings or evenings when the performance-robbing effects of high density altitude are not as pronounced.

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    Press Release: FAA Proposes Civil Penalties Against Five Companies

    FAA Proposes Civil Penalties Against Five Companies

    WASHINGTON – The Federal Aviation Administration (FAA) is proposing to assess civil penalties ranging from $50,000 to $70,000 against five companies for alleged violation of the Federal Aviation Regulations or Department of Transportation Hazardous Materials Regulations.

    $50,000 against Spirit Airlines, Inc., Miramar, Fla., for returning an aircraft to service, and then operating that aircraft on revenue passenger flights when it was not in compliance with Federal Aviation Regulations. The FAA alleged that Spirit failed to replace a faulty elevator aileron computer (ELAC) after the aircraft experienced an uncommanded pitch down of the nose while operating between Orlando, Fla. and San Juan, Puerto Rico on Aug. 21, 2009. Although Spirit’s maintenance program required replacement of the ELAC computer, the airline did not do so before flying the A321 on a revenue passenger flight the next day from San Juan to Fort Lauderdale, when the aircraft experienced another uncommanded pitch down.

    $63,525 against Friendship Airways Inc., Fort Lauderdale, Fla., an air taxi operator, for operating two Cessna 402 aircraft on 77 commuter flights in violation of its air carrier certificate and operations specifications. The FAA alleged that the two aircraft were not authorized for use for the flights between June 21 and July 21, 2008 because they were not listed on the company’s operating specifications for commuter service.

    $50,000 against Fleet Aviation of White Plains, N.Y., an on-demand charter and air taxi company, for operating two of its aircraft on 251 flights between June 15, 2009 and March 19, 2010 when crews had not completed the emergency drills required by its training program.

    $54,000 against Englund Marine Supply Co. of Astoria, Ore., for offering a package containing flammable gasses and liquids to UPS for transportation by air from Astoria to Rio Vista, Calif., March 26, 2010. The package was discovered leaking at Portland before it was loaded on an aircraft.

    $70,000 against Coty, Inc., of New York, for offering a package containing perfume, a flammable liquid, to FedEx for transportation by air from Upland, Calif., to Covington, Wash., March 9, 2010. FedEx employees at Seattle-Tacoma International Airport discovered the shipment leaking.

    In all instances of alleged hazmat violations, the materials offered were not properly classed, described, packaged, marked, labeled and in proper condition for shipment under the hazardous materials regulations.

    Companies have 30 days from receipt of the FAA’s notice of proposed civil penalty to respond to the agency.

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    FAA Finalizes Recurrent Aircraft Registration Rule

    For Immediate Release
    July 19, 2010

    WASHINGTON, D.C. – In an effort to create a more accurate aircraft registration database, the Federal Aviation Administration (FAA) is requiring re-registration of all civil aircraft over the next three years and renewal every three years after that.

    The rule establishes specific expiration dates over a three-year period for all aircraft registered before Oct. 1, 2010, and requires re-registration of those aircraft according to a specific schedule. All aircraft registration certificates issued on or after Oct. 1, 2010 will be good for three years with the expiration date clearly shown.

    “These improvements will give us more up-to-date registration data and better information about the state of the aviation industry,” said FAA Administrator Randy Babbitt.

    Current regulations require owners to report the sale of an aircraft, the scrapping or destruction of an aircraft, or a change in mailing address, but many owners have not complied with those requirements.

    Re-registration of all U.S. civil aircraft by Dec. 31, 2013 will enhance the database with current data derived from recent contact with aircraft owners. The new regulations also will ensure that aircraft owners give the FAA fresh information at least once every three years when they renew their registration. The FAA will cancel the N-numbers of aircraft that are not re-registered or renewed.

    Re-registration and registration expiration
    Certificate issued (Any year) Certificate expires Re-registration required
    March March 31, 2011 Nov. 1, 2010–Jan. 31, 2011
    April June 30, 2011 Feb. 1–April 30, 2011
    May Sept. 30, 2011 May 1– July 31, 2011
    June Dec. 31, 2011 Aug. 1– Oct. 31, 2011
    July March 31, 2012 Nov. 1, 2011–Jan. 31, 2012
    August June 30, 2012 Feb. 1– April 30, 2012
    September Sept. 30, 2012 May 1– July 31, 2012
    October Dec. 31, 2012 Aug. 1– Oct. 31, 2012
    November March 31, 2013 Nov. 1, 2012–Jan. 31, 2013
    December June 30, 2013 Feb. 1– April 30, 2013
    January Sept. 30, 2013 May 1– July 31, 2013
    February Dec. 31, 2013 Aug. 1– Oct. 31, 2013
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    FAA Proposes $168,000 Civil Penalty Against D&M Plastics

    For Immediate Release

    WASHINGTON — The Federal Aviation Administration is proposing a $168,000 civil penalty against D & M Custom Injection Molding Corp. of Burlington, Ill., doing business as D & M Plastics, for alleged violations of Department of Transportation hazardous materials regulations.

    D & M offered a five-piece shipment of approximately 2,000 Runyan Rapp E-Mysticks smokeless cigarettes to Federal Express for transportation by air from Indianapolis to Minneapolis-St. Paul, Aug. 14, 2009. Each smokeless cigarette contained alcohol, a flammable liquid, and a lithium battery, a hazardous material. Each box contained 400 E-Mysticks, including 7.6 kilograms of lithium batteries, exceeding the five-kilogram limit for shipment aboard passenger aircraft. Because the shipment was not packaged in accordance with regulations it was forbidden on all aircraft, including all-cargo flights.

    As the flight approached Minneapolis-St. Paul International Airport, the FedEx flight crew received a fire warning on the instrument panel. The crew discharged the fire suppression system during the landing and taxied to the gate. The airport fire department responded and extinguished a fire in an LD3 cargo container. The fire was started by the lithium batteries in the shipment.

    D & M offered the shipment for transportation by air when it was not packaged, marked, classed, described, labeled or in condition for shipment as required by regulations.

    D&M has 30 days from receipt of the FAA letter to respond to the agency

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    FAA Issues Directive to Prevent Windshield Fires

    July 9–The FAA is issuing an Airworthiness Directive (AD) that requires operators of Boeing 757, 767, and 777 airplanes to either inspect or replace certain flight deck windows. The AD only affects the forward viewing windows, not the side windows.

    Operators have two options: Begin inspections within 500 flight hours and then continue at intervals that are specific for each of two window designs OR install a new, redesigned window. The inspection takes about an hour.

    The AD is aimed at preventing smoke, fire or cracking of the inner layer of the forward viewing window caused by loose electrical connections that are used to heat the window to prevent ice.

    Over the past two decades, there have been 11 reports of fire or flames on 757 (five events), 767 (three events), and 777 (three events) airplanes. Improper installation resulted in loose, improperly torqued or cross threaded screws that can contribute to overheating and arcing. The most recent incident was a May 16, 2010 emergency landing by a United 757 at Dulles International Airport.

    The FAA proposed the AD in March 2008. The agency received extensive comments and determined additional 757 service information was needed from Boeing. That in-depth review identified unique issues on the upper electrical connections on 757s which will be addressed in a separate AD so as not to hold up the fix for the lower electrical connector issue which constitutes the majority of the service problems identified to date. Although there have been no fire events on 747s, the FAA plans to propose an AD this fall since those later model airplane windows are similar.

    This AD affects 1,212 U.S. airplanes out of 2,619 worldwide. The estimated cost for the inspections is $103,020 total for U.S. operators. The window replacement is optional and would be an additional cost.

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    FAA Issues Directive to Prevent Windshield Fires

    July 9–The FAA is issuing an Airworthiness Directive (AD) that requires operators of Boeing 757, 767, and 777 airplanes to either inspect or replace certain flight deck windows. The AD only affects the forward viewing windows, not the side windows.

    Operators have two options: Begin inspections within 500 flight hours and then continue at intervals that are specific for each of two window designs OR install a new, redesigned window. The inspection takes about an hour.

    The AD is aimed at preventing smoke, fire or cracking of the inner layer of the forward viewing window caused by loose electrical connections that are used to heat the window to prevent ice.

    Over the past two decades, there have been 11 reports of fire or flames on 757 (five events), 767 (three events), and 777 (three events) airplanes. Improper installation resulted in loose, improperly torqued or cross threaded screws that can contribute to overheating and arcing. The most recent incident was a May 16, 2010 emergency landing by a United 757 at Dulles International Airport.

    The FAA proposed the AD in March 2008. The agency received extensive comments and determined additional 757 service information was needed from Boeing. That in-depth review identified unique issues on the upper electrical connections on 757s which will be addressed in a separate AD so as not to hold up the fix for the lower electrical connector issue which constitutes the majority of the service problems identified to date. Although there have been no fire events on 747s, the FAA plans to propose an AD this fall since those later model airplane windows are similar.
    This AD affects 1,212 U.S. airplanes out of 2,619 worldwide. The estimated cost for the inspections is $103,020 total for U.S. operators. The window replacement is optional and would be an additional cost.

    The PDF is available here:

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    FAA, Georgia Tech Sign NextGen Research Agreement

    July 6 – The FAA has reached an agreement with Georgia Tech to research how the increased sophistication on the flight deck under the Next Generation Air Transportation System (NextGen) will affect flight crewmembers and controllers. The agreement is the first of several the FAA expects to announce in the coming months with universities that specialize in aviation-related human factors research. For the FAA, the work will be conducted by the Human Factors Research and Engineering Group, which is part of the Research and Technology Development Office.

    Amy Pritchett, an associate professor in Georgia Tech’s School of Aerospace Engineering, will lead a study of pilot response to alerts from the Traffic Alert and Collision Avoidance System (TCAS) under NextGen. TCAS warns pilots about potential mid-air collisions and gives specific instructions on evasive action to both pilots. Pritchett’s team will examine how pilots should respond to these alerts in the future, when the increased safety and efficiency that comes with NextGen’s satellite-based technologies means that aircraft may be operating closer together.

    Frank Durso, an Engineering Psychology professor, will lead a team exploring how flight crews and controllers interact with automation. Specifically, Durso’s team will focus on how roles will evolve with NextGen technology. Durso will first lay the groundwork by examining how pilots and controllers work with today’s automation. His team will then see how pilots and controllers in the future can use automation to manage their workloads and to improve their situational awareness and performance. Research results will also help FAA develop guidance for aviation safety oversight of NextGen operations.

    Georgia Tech, which has conducted important aviation-related human factors research for the FAA and the National Aeronautics and Space Administration, was chosen after the FAA conducted a thorough market survey of schools with expertise in this area. In addition to an outstanding staff and students, the school has a wide range of aviation research capabilities including air traffic control simulators and an Airbus flight deck simulator.

    The research done by Georgia Tech will be shared with the public through presentations of research findings at national and international symposia in order to foster a broad understanding of how NextGen will enhance the ability of pilots and controllers to effectively use new technologies and procedures.

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    FAA Proposes Major Changes to Icing Certification Rules

    For Immediate Release
    June 29, 2010
    Contact: Les Dorr or Alison Duquette
    Phone: 202-267-3883

    The Federal Aviation Administration (FAA) is proposing a significant expansion of its icing certification standards, including a new requirement that manufacturers show airplanes can operate safely in freezing drizzle or freezing rain, conditions that constitute an icing environment known as “supercooled large drops” (SLDs).

    The proposed regulations would improve safety by mandating that new transport category aircraft most affected by SLD icing conditions meet expanded safety standards, including additional airplane performance and handling qualities. The rule also would require all new transport category designs be able to fly in conditions where supercooled liquid and ice crystals exist.

    The FAA is also proposing changes that would expand the icing certification requirements for engines, engine installations and some airplane components (for example, angle of attack and airspeed indicating systems). These systems would need to be able to perform in freezing rain, freezing drizzle, ice crystals and combinations of these icing phenomena.

    “These new icing standards are part of our continuing effort to make the world’s safest aviation system even safer,” said U.S. Transportation Secretary Ray LaHood.

    “These regulations will help ensure future aircraft can operate safely in some of the toughest icing conditions,” said FAA Administrator Randy Babbitt.

    The proposed rule is based largely on recommendations from the FAA’s Aviation Rulemaking Advisory Committee (ARAC) and the National Transportation Safety Board (NTSB). The FAA tasked the ARAC to study how icing certification regulations should be expanded after the tragic 1994 icing-related accident in Roselawn, IL. The NTSB recommendations stemmed from the same accident.

    Previously, the FAA issued 112 airworthiness directives for transport category aircraft related to icing. Of the 112 ADs, 21 were specifically related to SLD. The ADs require flight crews to exit icing conditions when they see visual cues indicating the conditions exceed the capabilities of the aircraft’s ice protection equipment.

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    This Months Bad News: Trans States Holdings Inc

    This month’s poster child for how not to run your commuter airline:

    Trans States Holdings Inc.

    After two incidents in the last four months, there’s now a $2.5 million civil penalty in the offing for Trans States Holdings Inc. from the FAA. But more crucial than the last two incidents, the problem really comes down to hundreds of safety violations on 320 flights over the past two years, all related to maintenance, after repeated warnings and reoccurring violations.

    What is it I always say?

    Maintenance, maintenance, maintenance.

    See Below:

    FAA Proposes $2.5 Million in Civil Penalties Against Trans States, GoJet

    WASHINGTON — The Federal Aviation Administration is proposing $2,476,075 in civil penalties against Trans States Airlines and GoJet Airlines of Bridgeton, Mo., for violation of various maintenance procedures and operating nine jets on 320 revenue passenger flights when the aircraft were not in compliance with Federal Aviation Regulations.

    Trans States Airlines and GoJet Airlines are both owned and operated by Trans States Holdings. Trans States Airlines performs maintenance and training on GoJet aircraft.

    The proposed civil penalties involve seven GoJet+ Canadair Regional Jets and two Trans States Embraer 145 regional jets. The FAA alleges Trans States and GoJet operated aircraft when maintenance had been carried out incorrectly, and that the company failed to complete required maintenance record-keeping.

    The FAA alleges Trans States and GoJet violated a number of maintenance regulations and procedures, including use of outdated manufacturers’ maintenance instructions to perform repairs; failure to connect a wing flap actuator to its torque tube, rendering the flaps inoperative; failure to document an inspection after an aircraft was damaged by severe turbulence; failure to document and carry out proper repairs after aircraft warning systems identified problems; improper repair of an engine oil leak and failure to comply with minimum equipment list regulations.

    “Air carriers cannot ignore maintenance requirements or allow employees to take a pass on following regulations,” said FAA Administrator Randy Babbitt. “Safety depends not only on maintenance work being done correctly, but also being recorded properly.”

    Trans States and GoJet have 30 days from receipt of the civil penalty letters to respond to the agency.

  • FAA: Final Rule Represents Major NextGen Milestone

    WASHINGTON – The Federal Aviation Administration (FAA) announced the performance requirements for aircraft tracking equipment that will be required under the Next Generation Air Transportation System, or NextGen. The avionics will allow aircraft to be controlled and monitored with greater precision and accuracy by a satellite-based system called Automatic Dependent Surveillance – Broadcast (ADS-B).

    “Today we have reached a major NextGen milestone,” said U.S. Transportation Secretary Ray LaHood. “This technology represents another step forward in our ability to make America’s skies the safest in the world.”

    The final rule, developed with extensive input from the aviation community, requires aircraft flying in certain airspace to broadcast their position via ADS-B by 2020. The rule mandates that the broadcast signal meet specific requirements in terms of accuracy, integrity, power and latency.

    “This rule gives the green light for manufacturers to begin building the onboard equipment that will allow our air traffic controllers to know where aircraft are with greater precision and reliability,” said FAA Administrator Randy Babbitt. “That is one of the key elements of NextGen that will improve the safety and efficiency of flight.”

    Additional ADS-B services should allow pilots to view cockpit displays to see the location of other aircraft in the sky around them. ADS-B displays are envisioned that will show pilots where they are in relation to bad weather and terrain – even at night or in conditions with poor visibility – and provide flight information, including temporary flight restrictions, which allow pilots to plan safe, more efficient routes.

    Some of this information is now being broadcast free to aircraft equipped with ADS-B in the Gulf of Mexico, South Florida and in the airspace above Louisville, Philadelphia and Juneau, Alaska. Those areas were chosen as key sites to roll out ADS-B due to challenges presented by vast stretches of water, rugged terrain and traffic congestion. These areas also are populated by aircraft already equipped with ADS-B. The nationwide rollout of ADS-B ground stations will be complete in 2013.

    By 2020, the FAA will require ADS-B equipment for aircraft flying in airspace including Classes A, B and C, around busy airports and above 10,000 feet.

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    FAA Event Alert

    “Exciting Educational Journey into the Back Country”

    Topic: Back country flying and mountain flying safety including flying rough, short, high-altitude, no-go-around, canyon airstrips.
    On Monday, April 19, 2010 at 7:00 PM
    Location:
    Torrance Airport General Aviation Center
    3301 Airport Drive

    Torrance, CA 90505
    Select Number:
    WP0531637
    Description:
    Ramona Cox, known as Skychick, with over 20 years’ experience will share the joys and trials of back-country AIR-camping in her Cessna TU206. The presentation will include safety aspects of desert and mountain flying including getting into and out of rough, short, high-altitude, no-go-around, canyon airstrips and how to prepare for those flights.
    To view further details and registration information for this event, click here.
    The sponsor for this event is: Long Beach FSDO
    The following credit(s) are available for the WINGS/AMT Programs:
    KEB 1.00

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    FAA Proposes New Policy on Antidepressants for Pilots

    For Immediate Release
    April 2, 2010

    WASHINGTON, D.C. — The Federal Aviation Administration (FAA) today announced that it will consider the special issuance of a medical certificate to pilots who are taking medication for mild to moderate depression, conditions that now bar them from all flying duties.

    On a case-by-case basis beginning April 5, pilots who take one of four antidepressant medications – Fluoxetine (Prozac), Sertraline (Zoloft), Citalopram (Celexa), or Escitalopram (Lexapro) – will be allowed to fly if they have been satisfactorily treated on the medication for at least 12 months. The FAA will not take civil enforcement action against pilots who take advantage of a six-month opportunity to share any previously non-disclosed diagnosis of depression or the use of these antidepressants.

    “I’m encouraging pilots who are suffering from depression or using antidepressants to report their medical condition to the FAA,” said FAA Administrator Randy Babbitt. “We need to change the culture and remove the stigma associated with depression. Pilots should be able to get the medical treatment they need so they can safely perform their duties.”

    The FAA’s policy is consistent with recommendations from the Aerospace Medical Association, Aircraft Owners and Pilots Association, Air Line Pilots Association and the International Civil Aviation Organization. The Civil Aviation Authority of Australia, Transport Canada and the U.S Army already allow some pilots to fly using antidepressant medications.

    Psychiatrists and Aviation Medical Examiners who have specialized training under the Human Intervention and Motivation Study (HIMS) program will help the FAA evaluate and monitor pilots under this new policy. The HIMS program was established 40 years ago and has been highly effective for the assessment, treatment, and medical certification of pilots who need help with alcohol and drug issues.

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    Press Release: Alternative Aviation Fuels — Not Just an FAA Priority

    December 9 – The Federal Aviation Administration (FAA) welcomes the announcement by Secretary of Energy Steven Chu and Secretary of Agriculture Tom Vilsack of more than $600 million in awards to advanced biofuel projects. At least four grant recipients are working on technologies to produce fuels including renewable jet fuels. A number of the awardees also have a long standing relationship with the FAA co-sponsored Commercial Aviation Alternative Fuels Initiative (CAAFI) which coordinates public and private sector efforts to develop sustainable alternative jet fuels to help the aviation sector address energy and climate change challenges. .

    “Renewable jet fuels are critical to building the cleaner, more sustainable Next Generation commercial aviation system in the United States,” said Nancy LoBue, FAA Acting Assistant Administrator for Aviation Policy, Planning and Environment. “This Administration is committed to establishing domestic renewable jet fuel production, address energy security, improve the environment and also create jobs in rural America.”

    CAAFI seeks to enhance energy resources and environmental sustainability for aviation through alternative jet fuels. The initiative is a coalition of the U.S. commercial aviation community that acts as a focal point for engaging the emerging alternative fuels industry. It enables its diverse stakeholders to build relationships, share and collect needed data, identify resources, and direct research, development and deployment of alternative fuels.

    CAAFI’s sponsors include the FAA office of Environment and Energy and three trade associations: Airports Council International of North America (ACI-NA) representing commercial airports, the Aerospace Industries Association (AIA) representing U.S. manufacturers, and the Air Transport Association representing U.S. airlines. CAAFI stakeholders are drawn from all elements of the international commercial aviation industry, fuel suppliers, universities, and multiple U.S. government agencies.

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    FAA Solicits Bids for NextGen Contracts Worth $7 Billion

    The FAA is soliciting bids from companies interested in competing for NextGen support contracts with an approximate combined value of $7 billion, the largest award in the agency’s history. Under the umbrella awards, called System Engineering 2020 (SE2020), the FAA will award as many as five separate contracts for research and development and systems engineering work that will help the agency deliver NextGen.

    The SE2020 contracts will be awarded to teams of companies, up to three of which will perform research and development work and two of which will perform systems engineering work. This work will complement and enhance major NextGen initiatives already under way, such as Automatic Dependent Surveillance – Broadcast, System Wide Information Management and Data Communications. Contract teams will focus on a series of operational capabilities, including Trajectory Based Operations, Collaborative Air Traffic Management and Reduced Weather Impact. The goal is to achieve early NextGen successes to improve safety and bring greater efficiencies to the nation’s airspace system.

    The team concept is designed to create competitive synergy within each group, driving innovation so that each team comes up with the best possible product. The FAA also structured the contracts, using market survey data, to encourage bids from teams that will include small companies as prime contractors as well as subcontractors. The agency is looking for the best and the brightest, regardless of size.

    Five-year contracts will be awarded next summer, with subsequent three- and two-year options

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    FAA Bans Takeoffs with “Polished Frost”


    For Immediate Release
    November 30, 2009
    Contact: Les Dorr, Jr. or Alison Duquette
    Phone: (202) 267-3883

    WASHINGTON — The Federal Aviation Administration is increasing the safety of winter flying by prohibiting takeoffs with “polished frost” — frost buffed to make it smooth — on the wings, stabilizers and control surfaces of several classes of aircraft.

    The new rules are effective on January 30, 2010. There are 57 operators flying 188 aircraft affected by the rule changes. The FAA already prohibits major and regional air carriers from operating with polished frost.

    Frost can affect the aerodynamics of wings and control surfaces, and the safest action is to completely remove it. Previous FAA guidance recommended removing all wing frost prior to takeoff, but allowed it to be polished smooth if the aircraft manufacturer’s recommended procedures were followed. But manufacturers never published standards of acceptable smoothness for polished frost, and the FAA has no data to determine exactly how to polish frost to satisfactory smoothness.

    “The FAA has advised pilots not to take off with frost or ice contaminating their wings for years because it made good sense,” said FAA Administrator Randy Babbitt. “Now, it’s the law.”

    The new rules include four alternatives to removing frost that operators may consider:

    -using wing covers to prevent frost accumulation on wings
    -waiting for frost to melt
    -storing the aircraft in a heated hangar
    -deicing the wing surface.
    The new rules also clarify that affected aircraft must have functioning deicing or anti-icing equipment for flights under Instrument Flight Rules into known or forecast light or moderate icing conditions, or under Visual Flight Rules into known light or moderate icing conditions.

    The final rule can be viewed at: http://www.federalregister.gov/OFRUpload/OFRData/2009-28431_PI.pdf

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    FAA Addresses:Pilot Flight Time, Rest, and Fatigue

    For Immediate Release
    November 23, 2009
    Contact: Alison Duquette or Les Dorr
    Phone: (202) 267-3883


    Ensuring that all pilots receive adequate rest is key to maintaining a safe aviation system. FAA Administrator Randy Babbitt has made the creation of new flight, duty, and rest rules based on fatigue science a high priority. The FAA is working on an aggressive timeline to issue a new proposal.

    Airplanes operate globally in 24 time zones. Domestic short leg, multi-leg, and long-haul flights all present challenges. Engine technology has evolved enabling airplanes to fly much further than in the past. Since many air carriers fly non-stop ultra-long-range flights, the FAA continues to evaluate the latest research on the effects of time zone changes on circadian rhythm and time zone changes to mitigate pilot fatigue. The FAA continues to be at the forefront of raising awareness of fatigue and mitigation techniques.

    The FAA last proposed updating the rules in 1995 but, based on industry comments, the rule was not adopted. Since then, the agency has reiterated the rules and kept pace with a changing industry by allowing airlines to use the latest fatigue mitigation techniques to enhance safety.

    Overview of the Current Federal Aviation Regulations
    Regulations limiting flight time and pilot rest have been in place since the 1940s. The rules for domestic flights do no explicitly address the amount of time a pilot can be on duty. Rather, the rules address flight time limitations and required rest periods. Current FAA regulations for domestic flights generally limit pilots to eight hours of flight time during a 24-hour period. This limit may be extended provided the pilot receives additional rest at the end of the flight. However, a pilot is not allowed to accept, nor is an airline allowed to assign, a flight if the pilot has not had at least eight continuous hours of rest during the 24-hour period. In other words, the pilot needs to be able to look back in any preceding 24-hour period and find that he/she has had an opportunity for at least eight hours of rest. If a pilot’s actual rest is less than nine hours in the 24-hour period, the next rest period must be lengthened to provide for the appropriate compensatory rest. Airline rules may be stricter than the FAA’s regulations if the issue is part of a collective bargaining agreement.

    Flight time and rest rules for U.S. air carrier international flights are different from the rules for domestic flights. International flights can involve more than the standard two-pilot crew and are more complex due to the scope of the operations. For international flights that require more than 12 hours of flight time, air carriers must establish rest periods and provide adequate sleeping facilities outside of the cockpit for in-flight rest.

    An air carrier may not schedule any pilot and no pilot may accept an assignment for flight time in scheduled air transportation or other commercial flying if that pilot’s total flight time will exceed the regulatory limits.

    It is the responsibility of both the air carrier and the pilot to prevent fatigue, not only by following the regulations, but also by acting responsibly while serving the traveling public. This means taking into consideration weather conditions, air traffic, the health of each pilot, and any other personal circumstances that may affect a pilot’s performance. The FAA has recommended that air carriers include fatigue training as part of their crew resource management training programs.

    FAA Actions
    Withdrawal of the 1995 Proposal

    In order to move forward with a new rule, the FAA formally withdrew the old proposal by publishing a notice in the Federal Register on November 23. The notice reiterated that the 1995 proposal was outdated and raised many significant issues.

    Fatigue ARC

    On June 24, Administrator Babbitt announced that the FAA would undertake an expedited review of flight and rest rules. This followed Administrator Babbitt and U.S. Secretary of Transportation Ray LaHood’s June 15 meeting with airline safety executives and pilot unions to strategize on how to best reduce risk at regional airlines. The FAA chartered an Aviation Rulemaking Committee (ARC), which began work in July. The ARC, which consisted of representatives from FAA, industry, and labor organizations, was charged with producing recommendations for a science-based approach to fatigue management by September 1. The ARC met their deadline and provided the FAA with a broad framework for drafting the basis for a Notice of Proposed Rulemaking (NPRM).

    2008 FAA Fatigue Symposium

    In June 2008, the FAA sponsored the Fatigue Symposium: Partnerships for Solutions to encourage the aviation community to proactively address aviation fatigue management issues. Participants included the National Transportation Safety Board, the Institutes for Behavior Resources, Inc., and many of the world’s leading authorities on sleep and human performance. The symposium provided attendees with the most current information on fatigue physiology, management, and mitigation alternatives; perspectives from aviation industry experts and scientists on fatigue management; and information on the latest fatigue mitigation initiatives and best practices.

    Ultra Long-Range Flights

    In 2006, the FAA worked with Delta Air Lines to develop and approve fatigue mitigation for flights between John F. Kennedy International Airport and Mumbai, India. The flights were operated for more than 16 hours with four pilots provided that the airline followed an FAA-approved plan to manage rest and mitigate the risk posed by fatigue. The mitigation, approved as an Operations Specification issued to Delta Air Lines, was specific for that city pair. Although that specific route is no longer flown by Delta, the FAA viewed Delta’s fatigue mitigation strategy as a model program.

    As a result of Delta’s efforts, the FAA proposed in November 2008 to amend Delta’s, American’s, and Continental’s Operations Specifications to incorporate fatigue mitigation plans for their ultra long-range flights. Based on comments received from the three air carriers, the FAA withdrew the proposed amendments on March 12, 2009. The FAA is currently working with airlines to gather data that will help the agency enhance the safety requirements for ultra long-range flights. The agency believes that it is in the best interest of passenger and crew safety for airlines to use an FAA-approved fatigue mitigation program to reduce the risk of pilot fatigue.

    2001 ATA/RAA Request

    The FAA denied requests made on June 12, 2001 on behalf of the Air Transport Association (ATA) and Regional Airline Association (RAA) to stay all agency action regarding the November 20, 2000 Whitlow letter of interpretation and the May 17, 2001 Federal Register notice of the FAA’s enforcement policy regarding pilot flight time and rest. The FAA’s letter and Federal Register notice were consistent with the agency’s long-standing interpretation of the current rules. The documents were consistent with the statutory mandate to issue rules governing the maximum hours or periods of service, the use of plain language in regulations and the regulatory history of the rules. ATA subsequently petitioned for review of the Whitlow letter and the enforcement policy.

    On Sept. 5, 2001 the U.S. Court of Appeals for the District of Columbia granted a motion by the ATA to stay the May 17, 2001 Federal Register notice. On May 31, 2002, the court denied ATA’s petition for review, ruling in favor of the FAA.

    2001 Federal Register Notice

    An FAA in the May 17, 2001 Federal Register reiterated the agency’s long-standing interpretation of pilot flight time and rest rules. The notice informed airlines and flight crews of the FAA’s intent to enforce its rules in accordance with the Whitlow letter. Each flight crewmember must have a minimum of eight hours of rest in any 24-hour period that includes flight time. That calculation must be based on the actual conditions on the day of departure regardless of whether the length of the flight is longer or shorter than the originally scheduled flight time. The FAA did not anticipate that the notice would result in major disruptions to airline schedules. Beginning November 2001, the FAA would review airline flight scheduling practices and deal stringently violations. The U.S. Court of Appeals for the District of Columbia granted a stay of the notice.

    2000 FAA Letter

    On November 20, 2000, the FAA responded to a letter from the Allied Pilots Association that set forth specific scenarios that could affect a very small number of all commercial pilots. The FAA’s response, known as the “Whitlow Letter,” was consistent with the agency’s long-standing interpretation of the current rules. In summary, the FAA reiterated that each flight crewmember must have a minimum of eight hours of rest in any 24-hour period that includes flight time. The scheduled flight time must be calculated using the actual conditions on the day of departure regardless of whether the length of the flight is longer or shorter than the originally scheduled flight time.

    1999 Federal Register Notice

    In response to concerns raised by the pilot community, the FAA Administrator notified the aviation community on June 15, 1999 that it had six months to ensure that it was in full compliance with the agency’s current flight time and rest requirements. Reviews of airline scheduling practices conducted in December 1999 and discussions with pilot unions and airlines confirmed that the vast majority of pilots are receiving the amount of rest required by the FAA’s rule.

    1998 ARAC

    In July 1998, the FAA tasked the Aviation Rulemaking Advisory Committee (ARAC) to work with the industry to reach a consensus and develop a new proposal. If no consensus could be reached, the FAA would subsequently enforce the current regulations. In February 1999, ARAC reported that there was no consensus. The group offered five different proposals to update the flight and rest regulations.

    1995 Proposal for Pilots

    In 1995, the FAA proposed a rule to change flight time and rest limits. The agency received more than 2,000 comments from the aviation community and the public. Most of those comments did not favor the rule as proposed, and there was no clear consensus on what the final rule should say. Highlights of the 1995 proposal:

    Reduce the number of duty hours (the time a flight crewmember is on the job, available to fly) from the current 16 hours to 14 hours for two-pilot crews. It would have allowed up to 10 flight hours in the 14 duty hours. Current rules allow up to 16 hours continuous duty time.
    Additional duty hours would be permitted only for unexpected operational problems, such as flight delays. In no event could such delays add more than two hours to the pilot’s duty day.
    Airlines could no longer schedule pilots in advance that exceeds the duty time.

    To ensure that pilots have an adequate opportunity to rest, off-duty time would be increased from eight hours to 10 hours under the proposal.

    Pilots would have to be given at least one 36-hour off-duty period every seven days. Current rules call for a 24-hour period.
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