NEWS Alert

On January 4, 2012, the Federal Aviation Administration (“FAA”) published a final rule (the “Final Rule”) under Docket FAA-2009-1093 that revised the FAA’s existing flight, duty, and rest regulations applicable to certificate holders and their flightcrew members. The Final Rule seeks to address the factors that lead to fatigue in an effort to ensure that flightcrew members are capable of safe air carrier operations. The Final Rule can be found at http://edocket.access.gpo.gov/2012/pdf/2011-33078.pdf.

Key components of this final rule for commercial passenger flights include:

• Varying flight and duty requirements based on what time the pilot begins his first flight, the number of scheduled flight segments and the number of time zones they cross.

• Flight duty period: the allowable length of a flight duty period depends on when the pilot’s day begins and the number of flight segments he or she is expected to fly, and ranges from 9-14 hours for single crew operations. The flight duty period begins when a flightcrew member is required to report for duty, with the intention of conducting a flight and ends when the aircraft is parked after the last flight.

• Flight time limits of eight or nine hours. The FAA limits flight time – when the plane is moving under its own power before, during or after flight – to eight or nine hours depending on the start time of the pilot’s entire flight duty period.

• The rule sets a 10-hour minimum rest period prior to the flight duty period, a two-hour increase over the old rules. The new rule also mandates that a pilot must have an opportunity for eight hours of uninterrupted sleep within the 10-hour rest period.

• New cumulative flight duty and flight time limits: the new rule places weekly and 28-day limits on the amount of time a pilot may be assigned any type of flight duty. The rule also places 28-day and annual limits on actual flight time. It also requires that pilots have at least 30 consecutive hours free from duty on a weekly basis.

• Fitness for duty: At the beginning of each flight segment, a pilot is required to affirmatively state his or her fitness for duty. If a pilot reports he or she is fatigued and unfit for duty, the airline must remove that pilot from duty immediately.

For further information or questions regarding the changes and modifications found in this Final Rule, contact Glenn Wicks or Ronce Almond at (202) 457-7790.