February 7, 2011

 

NPRM Call to Action for FedEx Pilots

My Fellow FedEx Crewmembers,

Now is the time for every crewmember to act to protect our future! I’m asking you to let your legislators in the Senate know that you oppose the Inhofe amendment SA 7 for S.223 (FAA Air Transportation Modernization and Safety Improvement Act). This amendment exempts Supplemental Air Carriers from the FAA NPRM rule changes. This is “the cargo cutout!”

If you have never participated with your union, this is a great time to start. This will take a maximum of 3 minutes and will help protect the FAA proposed rules and not exclude safety from supplemental carriers.

To log on, here is the easy link: TAKE ACTION!

(You can also find this by going to www.alpa.org, go to “Member benefits,” select Legislation & ALPA-PAC, in the first “call to action” select “Take action now,” log in again, it should be self-explanatory from here.) The information for your two senators will show up. You can use the sample letter or create your own. Afterwards, please let me know via e-mail (Fedex-LegaffChair@alpa.org) that you have contacted your legislators. Your help and participation is greatly appreciated and needed.

Thanks for your support,

Captain Fred Eissler
FDX Legislative Affairs Chairman

Background

During the 111th Congress H.R 5900 (Airline Safety and Federal Aviation Administration Extension Act of 2010) was passed and signed into law on August 1, 2010. Part of this law requires the FAA to issue regulations, based on the best available scientific information, to specify limitations on the hours of flight and duty time allowed for pilots to address problems of pilot fatigue. Congress directed the FAA with 12 very specific items that needed to be considered when making the new rules. Some items included, time of day, number of takeoffs and landings, number of time zones crossed, fatigue and circadian rhythm research, sleep and rest requirements from the NTSB and NASA, International standards and duty periods, alternative procedures to facilitate alertness in the cockpit, scheduling, attendance and sick leave policies, commuting, means of commuting and length of commuting, medical screening and finally anything else that the FAA chooses to include. A time limit of 180 days for the creation of the proposed rules and a one year from signing for implementation of the proposed rules was placed on the FAA.

On December 2, 2010, Senators Inhofe (R-OK), Coburn (R-OK), and Murkowski (R-AK) petitioned the Secretary of Transportation, Ray LaHood to reevaluate the NRPM. They feel that the proposed rules will place an undue financial burden on non-scheduled carriers. Non-scheduled carriers are essentially those airlines that operate under a Supplemental Operating Certificate.

Senator Inhofe (R-OK) proposed amendment SA 7 to S.223 (S.223 -- FAA Air Transportation Modernization and Safety Improvement Act ) which exempts supplemental operations from any of the FAA proposed FAR rule changes. The specific language is enclosed below:

On page 230, between lines 7 and 8, insert the following:

   SEC. 565. RESTRICTION ON ALTERATION OF FLIGHT TIME LIMITATIONS AND REST REQUIREMENTS FOR SUPPLEMENTAL OPERATIONS.
   (a) In General.--The flight time limitations and rest requirements for supplemental operations under subpart S of part 121 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), shall remain in effect unless and until the Administrator of the Federal Aviation Administration issues a final rule in a rulemaking proceeding described in subsection (b).
    (b) Rulemaking Proceeding Described.--A rulemaking proceeding described in this subsection is a rulemaking proceeding--
    (1) with respect to modernizing the flight time limitations and rest requirements only with respect to supplemental operations under subpart S of part 121 of title 14, Code of Federal Regulations; and
    (2) that is not a part of, or otherwise connected to, the rulemaking proceeding under Docket No. FAA-2009-1093, as described in the notice of proposed rulemaking published in the Federal Register on September 14, 2010 (75 Fed. Reg. 55852).
    (c) Rule of Construction.--Nothing in this section requires the Administrator of the Federal Aviation Administration to conduct a rulemaking proceeding with respect to the flight time limitations and rest requirements for supplemental operations under subpart S of part 121 of title 14, Code of Federal Regulations, if the Administrator determines that the flight time limitations and rest requirements under that subpart (as in effect on the day before the date of the enactment of this Act) are sufficient to ensure the safety of supplemental operations.