Cargo Industry

Why is it you think that cargo has been exempt from this new Federal ruling? If you said money, you’d be right.  If you said because of the cargo companies profit loss, you’d be right as well, but that’s not the only money involved.  Have you ever wondered how and why private companies could affect legislative change?  It goes a little further than a few of the corporate leaders expressing strong disapproval of a proposed regulation; it goes to that second set of money I mentioned.  Political contributions. UPS and Federal Express have contributed more than $140 Million dollars lobbying and contributions to President Barack Obama since he assumed office. (Former NTSB officials: Apply fatigue rules to cargo pilots, 2014) Naturally, such donors can pull his puppet strings.  It is a fact that the White House killed the provision to include cargo carriers from this flight/duty regulation, but how does the Executive Branch dictate to the Legislative branch (Congress) you may ask?  It has a tool.  In 1980, Congress created the Office of Information and Regulatory Affairs (OIRA).  Ever heard of it? Most have not.  It was originally created to prevent federal agencies from demanding excessive amounts of data from public and private parties. (The Secretive White House Office Lobbyists Use to Block Government Regulation, 2014).  Unfortunately, President Regan signed an executive order giving the office the authority to review all federal rules, crucially important because previously laws were to be written by the relevant agency cabinet, not the President and his aids.  So now the unintended consequence of Regan’s Executive Order is that the President has an entity to block, change, and approve federal rule on political will, and do so without exposure to the Freedom of Information Act. 

Despite bi-partisan agreement in congress to include the cargo industry in these new regulations, UPS, FedEx, and others in the industry met with the Office of Information and Regulatory Affairs, and were granted a carve out from the new rule.  Some prospective pilots looking into this industry may be interested to know what the cargo companies said to OIRA, “the dollar value of the pilots and aircraft that would be lost in fatigue-linked crashes would be far outweighed by the higher labor costs to the industry.” (The Secretive White House Office Lobbyists Use to Block Government Regulation, 2014) That’s where you stand, 40,000 feet below their bottom line.

The new regulation for passenger carrier pilots limits flying time to either 8 during the day, 9 hours at night, and mandates at least 10 hours between flights, allowing for 8 hours of uninterrupted sleep. (FAA Final Rule: Pilot Duty and Rest Requirements, n.d.) Special attention is given to those on night flights, and now the rule is applied equally to domestic, international, and unscheduled flights.  Cargo pilots can still be subject to 16-hour duty days, while passenger pilots are limited to 9-14 hours depending on segments flown that day.  Fatigue has moved into the self-report zone honor system, the pilot is required to sign a document attesting to his or her fitness to fly. Super.

Do I believe these rules should apply to both industries? Yes. Do I believe that there is room to improve FAR 117? Yes.  But as I stated in my earlier montage, I know it is near impossible to pass common sense, practical laws and regulations due to political, financial, and special interest groups.  This is an incredible double standard to apply essentially to “pilots” who fly the same aircraft, on the same airways, to the same airports, with dissimilar safety regulations.  That would be the same as saying Semi-truck drivers (cargo) and Greyhound bus drivers (passengers) should not have the same rest periods, or blood alcohol content requirements.  Think about that next time your riding down I-94 stuck in between two semi’s.  

If (when) the cargo industry is forced to follow the same rules as the airline industry, sure it will cost them money.  Yes it will require them to hire more pilots, and to rework schedules.  Yes it will be a burden to the CEO and shareholders.  That’s what regulation does.  However, this is a necessary evil, and will benefit the pilots getting worked over by the cargo companies, and hopefully also make our skies (and ground) a safer place to be.

Reference:

Former NTSB officials: Apply fatigue rules to cargo pilots. (2014, September 12). Retrieved from http://thehill.com/policy/transportation/217530-former-ntsb-officials-apply-fatigue-rules-to-cargo-pilots

The Secretive White House Office Lobbyists Use to Block Government Regulation. (2014, August 6). Retrieved fromhttp://www.psmag.com/politics-and-law/secretive-white-house-office-lobbyists-use-block-government-regulation-87408

Cargo Carve-Out. (n.d.). Retrieved October 18, 2015, from http://www.capapilots.org/cargocarveout

Sens. Propose To Extend FAA Fatigue Rules To Cargo Pilots - Law360. (2013, November 18). Retrieved fromhttp://www.law360.com/articles/489600/sens-propose-to-extend-faa-fatigue-rules-to-cargo-pilots

FAA Final Rule: Pilot Duty and Rest Requirements. (n.d.). Retrieved from http://aviation.about.com/od/Regulations/a/Faa-Final-Rule-Pilot-Duty-And-Rest-Requirements.htm