Southwest Airlines Pilots Association Comments

Transcription

1 BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. ) Notice of Proposed Rulemaking for ) Flightcrew Member Duty and Rest ) Docket No. FAA Requirements ) Notice No ) Southwest Airlines Pilots Association Comments Applicability We are pleased that the FAA has acknowledged the current science and recognizes that pilot fatigue does not differ whether the pilot is operating domestically, internationally or in supplemental operations, in passenger or cargo operations. We support the FAA s determination that one level of safety with regard to fatigue should apply equally to all Part 121 certificate holders Definitions We propose the following additions and clarifications to the Definition section.

2 Nighttime flight duty means any part of the FDP falls within the period of 0200 to 0459 (home base or acclimated). Consecutive night duty - means two or more consecutive night flight duty periods that are not separated by a Part rest between the duty periods that encompass a physiological night s rest (1:00 am to 7:00 at at home base or acclimated time). Rationale: This Nighttime Flight Duty definition is the CAP 371 definition that we believe is correct. Part limits consecutive nighttime flight duty periods to three. Nighttime flight duty and consecutive night duty period are not defined, and to avoid confusion in applying we believe they should be defined. From the NPRM: Duty means any task, other than long-call reserve, that a crewmember performs on behalf of the certificate holder, including but not limited to airport/standby reserve, short-call reserve, flight duty, pre- and post-flight duties, administrative work, training, deadhead transportation, aircraft positioning on the ground, aircraft loading, and aircraft servicing. SWAPA is aware that the ARC made certain recommendations concerning the duty implications of unscheduled self-paced online/computer-based training not accomplished at a training facility. Chief among these was that the ARC did not want to limit a pilot's ability to accomplish said training during extended rest periods by counting it as duty performed at that time, possibly creating legality concerns during ensuing flight duty periods. However, the ARC

3 was also correctly cognizant that this required duty does in fact need to be accounted for in the aggregate. Further, that any provision allowing for this type of training does not form a loophole, allowing the certificate holder to mandate substantial portions of required training to be accomplished on what is today a pilot's off-duty time. We urge the FAA to provide crew members and certificate holders with guidance in this area. We recommend the following changes to the definitions section (identified by bold, underlined, and strike-through text): Acclimated Local Time - means the local time at the location where the pilot last had greater than 36 hours free from duty in the first 72 hours in theater. Rationale: We believe that the regulation should require 3 local nights rest. However, 72 hours in theater with a 36 hour rest within the 72 hours may allow a flight crewmember to become acclimated. Merely being in theater for a 72-hour period without at least a 36 consecutive hours rest during that time would not allow a person to become acclimated. It is necessary to have both time in theater and adequate rest to become acclimated. The preamble to the proposed regulation states that the tables selected from the ARC were in part based on being the most conservative approach. Given the wide range of available research on the topic of acclimation combined with the operational consequences of not taking a correct approach clearly point to selecting a more conservative approach of 72 hours in theatre comprising 36 hours free of duty as the compromise position in determining if a crew is acclimated for the purposed of determining the length of the subsequent FDP.

4 Unacclimated A pilot becomes unacclimated if he has a legal rest period less than 36 consecutive hours within a 72 hour period at a location more than 60 degrees of longitude from the location at which he last acclimated and has not spent 72 consecutive hours in that theater. Rationale: The NPRM references unacclimated in several sections of the proposed regulation but does not define the term. We believe it should be defined. Defining acclimation in terms of time zones is subject to whim of governmental policy, (e.g., all of China is in a single time zone even though it spans 5 normal time zones in width) 60 degrees of longitude is equivalent to 4 normal time zones and should be included as an alternative to the time zone metric. Flight Time means when the aircraft first moves with the intention of flight. Rationale: This definition should be added since FAR 1.1 currently defines flight time as the moment the aircraft first moves under its own power. However, the PIC is responsible and performing his duties when the aircraft is moved by a tug or sits on a hardstand following movement by a tug, and that time should count as flight time if the movement is with the intention for flight. Rest Facility definition should include the following clarification: A rest facility on an aircraft will only be used for in-flight rest opportunities.

5 Rationale: This statement will make it clear that crews cannot obtain their Part rest on the aircraft when it is on the ramp. Schedule Reliability means the accuracy of the length of both a scheduled flight duty period and a scheduled flight segment as compared to the actual flight duty period and segment. Rationale: To achieve schedule reliability the individual flight segments must be considered. If a given segment within a pairing causes the pairing to exceed the limits, the certificate holder can merely leave the offending segment and change the pairing mix to bring it within limits. The segment would never be corrected. We believe that a scheduling metric must be included in Certificate holders now provide on-time reports to the DOT on an individual flight segment so this should not be a burdensome requirement. Suitable accommodation - means a temperature controlled single occupancy facility with sound mitigation that provides a crewmember with the ability to sleep in a bed and to control light. Rationale: Operational experience has demonstrated that a single occupancy room is required. Otherwise, disruptions such as the other person reading, watching TV, snoring, etc., will disrupt the roommate s rest.

6 Theater means a geographical area where local time at the crewmember s flight duty period departure point and arrival point differ by no more three time zones or sixty (60) degrees of longitude whichever is most restrictive. Rationale: We believe that the intent of the NPRM is to define a theater as an area four time zones in width. Thus, this would be a difference of three time zones from the crewmember s point of origin. Further, we feel that the addition of a longitude metric is appropriate in order to provide a measure of uniformity for operations within countries that do not observe standard time zone conventions, such as China (which is entirely within one elongated time zone) and countries that have only 30 minutes difference from neighboring time zones. 60 degrees of longitude should be included as a concurrent measure to the time zone metric Fitness for duty 117.5(b) (added) Notwithstanding the limits of Part 117, a pilot may declare himself/herself fatigued at any time in the interest of safety. The certificate holder will immediately pull the pilot from the pairing with no questions asked. Declaring fatigue will not result in any disciplinary action. Rationale: The NPRM includes provisions requiring the flightcrew member to reject an assignment if too fatigued to perform or continue a flight duty period. While at first glance this sounds reasonable, it in no way protects the pilot and potentially promotes a culture of mistrust and self-protection. It doesn t limit the operator from disciplining the pilot for

7 calling in fatigued. A pilot who thinks his job is in jeopardy is likely not to call in fatigued. A no fault fatigue policy, such as the one Southwest Airlines has, encourages openness and cooperation between the flightcrew member and the certificate holder. (d) Any person who has met the requirements of fatigue education in Part and suspects a flightcrew member of being too fatigued to perform his or her duties during flight must immediately report that information to the certificate holder. Rationale: By limiting suspicion of fatigue to trained personnel, nuisance complaints by untrained passengers, TSA, local security or law enforcement, etc will be avoided Fatigue Risk Management System (FRMS) 117.7(b) needs to be amended to include the following items: The FRMS must be a partnership that includes the FAA, the certificate holder and non-management pilot representative(s). FRMS supplements and does not replace the regulatory scheme. Any FRMS must provide an equivalent level of safety and be centrally approved by the FAA. (One office at FAA headquarters should be responsible for approving FRMS. This is the only way to provide a uniform FRMS approval scheme.) FRMS should be limited to specific certificate holders data and scheduled city pairs or substantially similar city pairs in terms of FDP length, start time and block, which must be scientifically and then operationally validated by all stakeholders.

8 FRMS, like SMS, requires a commitment from the certificate holder s senior management team and a specified line of accountability in the organization. Rationale: A FRMS comprises a comprehensive range of procedures that are both scientifically based and data- driven, allowing a cooperative and flexible means of managing fatigue. There remains a requirement for the regulator to provide prescriptive flight and duty time rules for operators not embracing FRMS principles. Such a set of rules will also provide a base line against which the fatigue levels of any FRMS can be compared, and in the case where an FRMS does not provide at least an equivalent level of safety to the prescriptive scheme, provide a reversion. Operators may, subject to regulator approval, embrace FRMS for all or part of their operations. The purpose of any FRMS is to ensure that flight crewmembers are sufficiently alert so that they can operate to a satisfactory level of performance and safety under all circumstances. A FRMS supplements prescribed flight and duty time regulations and other competent independent scientific research based software tools by applying safety management principles and processes to proactively and continuously manage fatigue risk through a partnership approach requiring shared responsibility among management and crew members. It can therefore only operate in circumstances where all stakeholders, particularly the pilot body, support the operation of a FRMS and accordingly, an open reporting system and non-punitive working environment, sometimes referred to as a just culture is a prerequisite within the organization for a FRMS to exist because crew feedback is an essential component of the program. All successful safety programs such as ASAP and FOQA are based on a three-way partnership and FRMS should be the same. An FRMS must specify the prescriptive regulatory

9 scheme upon which it is based. In the event of suspension, termination or revocation of FRMS, the carrier s affected operations shall revert to the baseline prescriptive scheme. FRMS is intended to be used to supplement prescriptive fatigue management regulations as a means of ensuring that flight crew remain sufficiently alert during duty to achieve a satisfactory level of operational performance and hence safety under all circumstances. A well-developed and managed FRMS integrates operational and scientific data such as physiological and behavioral measures in the scheduling of crewmembers by providing a balance between duty types, crew rest and recovery. In the case of extended flight duty periods with augmented crew, such as ultra long-range (ULR) operations, the planning of in-flight rest can be optimized. FRMS must be based on a partnership approach for which there is agreement between the operator, regulator and pilot body. As FRMS is a new emerging concept, a Memorandum of Understanding between principle stakeholders should form the basis of initial agreement and be the subject to on-going periodic review based on assessment of the effectiveness of the program in achieving its stated goals. The Memorandum of Understanding must include a mechanism for the representatives of the stakeholding pilots to suspend or terminate participation in the operator s FRMS in the event that the representatives of the stakeholding pilots determine in their discretion that the FRMS program s safety purpose is not being met. Pilot representatives, either from, where such a body exists, an established organization independent of the company, or where such a body does not exist, independently elected directly by the pilots, must be included as members of the operator s Fatigue Management Steering Group. This committee will be fully involved in the initial development of the FRMS program, and shall be fully and directly the on-going oversight of the operator s

10 FRMS program including the development of modifications of the FRMS to meet the program s safety purpose Schedule Reliability We propose the following additions and changes: (a) Each certificate holder must adjust within days (a)(1) Its system-wide flight duty period, if more that 5% of its system-wide flight duty periods exceed the maximum flight duty periods from Table B for the start time of the flight duty period, or (a)(2) Any scheduled flight segment that is shown to actually exceed scheduled segment block, by greater than 14 minutes, more than 20 percent of the time. (b) Each certificate holder must submit a report detailing the scheduling reliability adjustments required in paragraphs (a) of this section to the FAA every 30 days detailing the overall system wide flight duty period reliability and flight segment reliability. Rationale: These proposed amendments accomplish two changes to the proposed rule. First, the reporting period is 30 days rather than 60 days. Second, a flight segment reliability requirement replaces the individual flight duty period comparison between scheduled and actual. The fact that flight duty periods often do not repeat month-to-month makes the segment measure a better gauge of the efficacy of the certificate holder s planned schedule. Additionally, we feel the overall system flight duty periods should be compared to the maximum flight duty periods

11 from Table B for the start time of the individual flight duty period as the ARC previously recommended Fatigue education and training program. (b)(1) Initial training for all individuals listed in paragraph (a) of this section must consist of at least 5 3 programmed hours of instruction in the subjects listed in paragraph (b)(3) of this section. (b)(2) Recurrent training for all individuals listed in paragraph (a) of this section must be given on an annual basis and must consist of 2 1 programmed hours of instruction in the subjects listed in paragraph (b)(3) of this section. Rationale: While noble, the requirement for 5 hours initial, and 2 hours recurrent training is onerous. We are not trying to turn line pilots into fatigue experts. Rather, we simply need to hit the items in (b) (3) in a responsible, user-level manner Flight Time Limitation We propose that Table A which specifies flight time limits be amended as follows: Table A Maximum Flight Time (Block) Limits Time of Report (Home Base or Acclimated) Maximum Flight Time (hours)

12 Rationale: The flight time limits must be hard and not scheduled for several reasons. Foremost, the most frequently abused provision of the current rules is the scheduled flight limitation provision. Certificate holders consistently schedule to the limit, i.e., 7:59 or 7:55, even when they know in advance that the flight on a given day will not meet the scheduled time because of winds or ATC delays at busy airports. In practice, many of these schedules exceed 8 hours by 45 minutes or more. We further recommend that Table A be modified to reflect the unanimous view of the ARC that the limit be 7 hours for the early morning hours and the majority view that it be 7 hours for the late evening hours. Likewise, the majority view was that the maximum limit should be 9 hours for the period, which is a 12.5 percent increase when compared to the current rule. Even if certificate holders have to buffer schedules, they will be in no worse position than they are today because of the increased limits. In most instances, they will receive a distinct advantage with the increased flight limits Flight duty period: Un-augmented operations. We propose the following change to (c) (c)(1)(added) The certificate holder may extend a flight duty period to the appropriate maximum allowed in Table B. (c)(3)(added) The pilot in command and certificate holder may extend a flight duty period beyond the appropriate maximum in Table B up to 2 hours. (c)(4)(added) Any extension beyond the maximum flight duty period may occur only once in any 168 consecutive hour period. (c)(5) Reduced rest is not permitted anytime the maximum flight duty period in Table B is exceeded.

13 Rationale: The NPRM contemplates only an FDP realistically scheduled to a maximum practical number: for example, a scheduled FDP of 12 hours for a duty beginning at 0900 (which has a maximum of 13 hours in Table B). In such a situation, the 2-hour extension as written makes sense. However, in a situation where an FDP has been scheduled well inside the maximum, the 2-hour extension beyond the originally scheduled FDP is onerous. For example, consider an FDP beginning at 0900 scheduled for only 5 hours. As written, the maximum permissible FDP would be 7 hours- well short of the normal 13-hour limit. Provided that all rest provisions are complied with, we see no reason why the actual FDP could not be extended up to the maximum 13 hours allowed for in Table B in this situation. Flight duty contained within the window of circadian low presents both a challenging environment from a fatigue mitigation perspective, as well as a higher likelihood that crewmembers will adjust their sleep patterns for a planned duty period. Thus we feel that any contemplation of a duty extension be constrained to no more than 2 hours beyond the scheduled FDP Flight Duty Period: Augmented Flightcrew We propose the following additions to section : Unacclimated augmented flight crew chart (notional Chart D ). Any FDP that includes total flight time in excess of 12 hours shall require a minimum of a Class 1 rest facility aboard the aircraft. Rationale: From AC Basics of Aviation Fatigue, The ULR Crew

14 Alertness workshops of the FAA s 2008 Fatigue Symposium showed that ensuring adequate bunk sleep is one of the most important in-flight countermeasures to use to address sleep loss and circadian disruption during extended aviation operations (a) (added) Augmentation on domestic routes is prohibited. For the purposes of this section domestic operations includes the contiguous 48 states and Canada. Rationale: The proposed Part 117 does not prohibit domestic augmentation. Yet, permitting domestic augmentation goes against the original intent and spirit of the NPRM to mitigate fatigue. A freshly rested flightcrew is always preferable to a flightcrew who has had a long duty period. Domestically, it is always possible to change crews. Domestic augmentation represents nothing more than an economic consideration and does nothing to mitigate fatigue or enhance safety. Amend (c)(1) to read: Two consecutive hours are available for in-flight rest for the flight crewmembers at the controls during landing. Note: We have pointed out in our questions on the docket that Table C as published in the NPRM has an incorrect heading. The Table heading needs to match Table B and the Time of Start should include home base or acclimated. Rationale: The NPRM proposed chart in Table C is based on the TNO Report. Upon a further review of the TNO Report, we believe the proposed Table C was oversimplified in two

15 regards. The first was that many of the values were oversimplified following a rounding process that doesn t adequately represent the actual calculations used in the ARC process. The second oversimplification is the use of a standard 30-minute reduction for a nonacclimated crewmember. The end result is an improper application of a nonacclimated penalty for the operation planned. Additionally, just as is the case with the acclimated discussion, a table that reflects the true values is better suited to accurately reflect the appropriate reduction for the crewmember not being acclimated. Additionally, the TNO Report is intended for single segment only. Multi-leg augmentation should only be allowed when no crew change is possible. Multi-leg augmentation should never be used solely for the purpose of extending a flight duty period. Augmented flights must not be mixed with non-augmented flights in the same flight duty period. The proposed regulation ( (c)(3) provides for a two hour consecutive sleep opportunity for the flight crewmember manipulating the controls on landing. That sleep opportunity should be mandated for both required crewmembers at landing. Both crewmembers manipulate the controls, i.e., the non-flying pilot normally operates flaps, landing gear and radios and performs monitoring so he must be equally alert (f)(1) (added) The certificate holder may extend a flight duty period up to the appropriate limits in Table C or D (as applicable). (f)(2) (added) The pilot in command and the certificate holder may extend a flight duty period up to 2 hours beyond the appropriate maximum allowed in Table C or D (as applicable).

16 (f)(3) (added) Any extension beyond the maximum flight duty period may occur only once in any 168 consecutive hour period. (f)(4) Reduced rest is not permitted anytime the maximum flight duty period in Table C or D (as applicable) is exceeded. The rationale for the proposed changes to section (f) is the same as sated in (c) above and is equally applicable here Reserve Status Due to overly complex language, we propose to rewrite section (c) as follows: (c) For short call reserve, (1) The maximum reserve duty period for un-augmented operations is defined as: Table E Short Call Reserve Duty Period Time of Start of RAP (Home Base or Acclimated) Maximum Flight Reserve Duty Period (hours) Based on Number of Flight Segments (c)(2) Time within a reserve availability period that is not part of a flight duty period is not duty.

17 Rationale: The ARC originally recommended that short call reserve availability periods should be considered neither rest nor duty. We feel that this is a reasonable proposition. If the FAA feels compelled to count non-fdp RAP time as duty, we suggest that this duty liability accrue at a 50% rate. Thus, if not assigned an FDP, a short call reserve on a 14 hour RAP would accrue 7 hours of duty. The FAA has wisely proposed that long call reserve is never duty (until assigned an FDP), and that airport standby is always duty. We therefore find it logical for the short call reserve to accrue duty hours at a 50% rate. This is a reasoned approach when one considers that long call duty is usually accomplished at a pilot s home, while airport standby is accomplished at or in the immediate vicinity of the airport. Among pilots that sit short call reserve, some will accomplish this from home, while others will accomplish it from a hotel or other accommodation in their home base city. (3) The maximum reserve duty period (phone plus FDP) is measured from the start of the RAP and ends at the earlier of the RAP start time plus the value in Table E or the FDP in Table B. Note: For example: If the RAP started at 0100, crewmember called at 0115, show at 0300, then it would be the EARLIER FDP end time of: (1) RAP start hours = 1400 FDP end (2) RAP start hours (+ 7 minute WOCL adjustment) = FDP end (3) FDP start at hours FDP limit = 1200 FDP end

18 Rationale: This ensures that the reserve will NOT have an allowable FDP limit greater than the lineholder the reserve is paired with and does not impact the operator in any manner since the reserve and lineholder end point is the same. (5) No certificate holder may schedule and no reserve flightcrew member on short call reserve may accept an assignment of a flight duty period that begins before the flightcrew member s next reserve availability period unless the flightcrew member is given at least 14 hours rest. This provision may be used only once in a rolling 168 hour period. Rationale: This aligns this section with the provision for shifting of a RAP in section (e). Without this provision there is essentially no difference between a short-call and long-call reserve- removing all circadian protection affording by having a RAP system in the first place. (6) If all or a portion of a reserve flightcrew member s reserve availability period falls between 0000 and 0600, the air carrier may increase the maximum reserve duty period in table D by one-half of the length of the time during the reserve availability period in which the air carrier did not contact the flightcrew member, not to exceed 3 hours; however, the maximum reserve duty period may not exceed 16 hours. Pilot contact prior to the start of the period for an assignment invalidates any credit afforded in this section. Rationale: The short call reserve section is complex and we are concerned that there will be misunderstanding by flight crewmembers, schedulers and management officials with the section as written. Consistent with other limitations in the proposal, we believe a chart is a better

19 way to set forth the short call reserve limits expressed in the proposal. We urge that the chart that sets forth the short call reserve limits be adopted Cumulative duty limitations (a) The limitations of this section on flightcrew members apply to all commercial flying by the flightcrew member during the applicable periods. The certificate holder has sole responsibility for tracking and determining all crewmember legalities. Rationale: Due to the complexity of rolling limits, as noted in the response to the clarification questions, it is unrealistic to expect a flightcrew member to be able to track their own legalities accurately during the course of a flight duty period (b)(2) 1,000 1,200 hours in any 365 consecutive calendar day period. Rationale: Under current Part 121 regulations a pilot is permitted to fly 100 hours per calendar month, not to exceed 1000 hours per calendar year. Under both the current regulation and the NPRM it is perfectly acceptable for a pilot to fly 100 hours per month for ten straight months. If flying 100 hours per month for ten months in a row does not create a cumulative fatigue problem, we find it hard to imagine that there would be a cumulative fatigue issue in month 11 or Rest. We recommend the following changes: (c) (deleted). See rationale under (e). No certificate holder may reduce a rest period more than

20 once in any 168 consecutive hour period. (d) No certificate holder may schedule and no flightcrew member may accept an assignment for reserve or a flight duty period unless the flightcrew member is given a rest period of at least 9 10 consecutive hours before beginning the reserve or flight duty period measured from the time the flightcrew member reaches the hotel or other suitable accommodation. Rationale: According the FAA s own Fitness for Duty Advisory Circular, AC120-FIT: Managing rest is the means for managing the risk of being unfit for duty because of fatigue. This is the joint responsibility of the air carrier and the crewmember. It s unrealistic to assume that a 9-hour rest period will yield 9 or even 8 hours of sleep by the crewmember. The reality is that a 9-hour rest period may yield 7 hours of sleep when you take into consideration the time lost in checking in at a hotel, eating, and preparing to resume duty at the conclusion of the sleep opportunity. (d)(1) (added) A flight crewmember who operates to a new theater shall be given at least 12 consecutive hours of rest between all flight duty periods or reserve availability periods until becoming acclimated in the new theater. (e) (deleted). In the event of unforeseen circumstances, the pilot in command and certificate holder may reduce the 9 consecutive hour rest period in paragraph (d) of this section to 8 consecutive hours. Rationale: Reduced rest should never be permitted. The science supporting reduced rest assumes a full sleep bank. It strikes us that assuming a full sleep bank at any point in any FDP is

21 a risky proposition. As a reduced rest period would in all likelihood follow an extended FDP, it makes even less sense to consider reducing rest. We feel that the best policy is to consistently take the conservative route, especially when one considers the variations in report time, daytime sleep, and the whole host of other factors that flightcrew members must deal with. Should the FAA persist in allowing reduced rest it is critical that this is not permitted in conjunction with an extension of a flight duty period beyond the maximums in Table B. (f) (added) For multiple pairings between two time zones crewmembers shall not be scheduled for rest periods between 18 and 30 hours (inclusive) more than two times per rolling 168 hours. Rationale: While SWAPA is supportive of the vast improvements in the current proposal we remain concerned that 24-hour layovers and their disruption on sleep and circadian rhythms was not addressed at all in the NPRM. This issue was discussed at length during the ARC process and several different concepts to limit or restrict 24-hour layovers were presented. Professional pilots overwhelmingly agree that a 24-hour layover presents many challenges for a flightcrew member. The difficulty with 24-hour layovers is that the crewmember has to get two sleep opportunities in one off-duty period. Many pilots will confirm that it is almost impossible to get one full sleep cycle, let alone two in a 24-hour period. The result is a circadian shift of the pilot s body clock resulting in a sleep deficit. This is especially true when flying internationally and an individual may not be predisposed to sleep based on his circadian rhythms. The result of a lost sleep opportunity is the pilot begins his next duty period at the time his body requires sleep.

22 Further compounding this sleep debt are multiple 24-hour layovers on consecutive days. This results in a cumulative sleep debt and increased fatigue. The length of the duty period is irrelevant because the issue with 24-hour layovers is specific to the amount of rest an individual can obtain in the 24-hour off duty period. It is physically impossible to obtain two full sleep cycles in a 24-hour period. SWAPA suggests limiting flightcrew members to no more than two scheduled layovers between hours in a rolling 168 hours to prevent accumulated sleep debt. We urge the FAA to revisit the issue of 24-hour layovers when drafting the final rule. (g) (added) Where crew members are not acclimated, upon return to home base, a recovery period will be provided as shown in Table F. Table F Number of Local Nights for Recovery on Return to Home Base Elapsed Maximum Time Difference from Home Base (h) Time Since Leaving Home base (h) h 1* 2* 2* 2* 2* h 2* 2* h h h Note 1: The values in Table E refer to eastward transitions (eastward outbound/ westward homebound) only. * Denotes that for westward transitions (westward outbound/eastward homebound) one extra day is required to be added to the value depicted.

23 Note 2 : When the elapsed time away from home base is less than 60 hours one full physiological night s recovery rest should be provided on return to base, except when the returning flight duty period encroaches the WOCL, then an additional physiological nights rest will be added Rationale: A flight from the U.S. to Europe or Asia disrupts the circadian cycle and a rest of 10 hours is not sufficient to achieve an appropriate level of alertness. Thus, when flight crewmembers fly to a new theater they should be given at least 12 hours at a suitable accommodation until acclimated. We also believe that there should be recovery rest for time away from home operating flights in a different theater that is less than 168 hours. The current regulations provide for recovery rest in international operations for operations less than a 168 consecutive hours period. See , 485; , 525 We believe that this recovery rest is necessary to address cumulative fatigue, to provide circadian restabilization and to repay accumulated sleep debt. We therefore propose the above recovery rest chart be incorporated into the final rule Consecutive nighttime operations. We propose the following amendment: No certificate holder may schedule and no flight crew member may accept more than three consecutive nighttime flight duty periods unless the certificate holder provides an opportunity to rest during the flight duty period in accordance with

24 A fourth consecutive nighttime flight duty period may be assigned if the flight crewmember receives a minimum of 12 hours rest following each nighttime flight duty period. Rationale: Operational experience has shown over a period of years that overnight cargo airlines can assign up to four consecutive nighttime duty periods providing that flight crewmembers are given adequate rest between each consecutive duty period. If a crewmember is given a 12 consecutive hour rest break after each duty period, that will provide for an 8 hour rest opportunity. Based on operational experience, by the third night the flight crewmember is becoming accustomed to daytime sleeping, and after a 12 hour rest the crewmember can perform a fourth nighttime flight duty period.

25 SWAPA S RESPONSE TO THE FAA S QUESTIONS IN NOTICE ) Please comment on adopting maximum FDPs. Should the maximum FDP vary based on time of day? Should it vary based on the number of scheduled flight segments? Should the proposed limits be modified up or down, and to what degree? The scheme in the NPRM is appropriate in terms of varying FDP based both on start time of day, and the number of flight segments. The limits are well supported by both scientific data and years of operational experience. 2) Please comment on permitting flightcrew members and carriers to operate beyond a scheduled FDP. Is the proposed 2-hour extension appropriate? Is the restriction on a single occurrence beyond 30 minutes in a 168-hour period appropriate? Should a flightcrew member be restricted to a single occurrence regardless of the length of the extension? The proposed 2-hour extension beyond a scheduled FDP as proposed is decidedly unwieldy in terms of operational flexibility. The 2-hour extension should be granted beyond the appropriate maximum in Table B. However, there should be no free 30-minute extension, as this will invite abuse. Any extension beyond the appropriate Table B maximum should count as the one time exceedance in 168 hours. 3) Please comment on the proposed schedule reliability reporting requirements.

26 Should carriers be required to report on crew pairings that exceed the scheduled FDP, but not the maximum FDP listed in the FDP table? The reporting requirements should include scheduled segment flight block times in addition to flight duty periods. Including a report on all segments is crucial in avoiding adjustments that continually remix offending segments and flight duty periods rather than scheduling them accurately. The data on flight segments should be a measure of actual versus scheduled block time, rather than just scheduled arrival time, as these metrics measure two different things. Simply using DOT on-time statistics is not an appropriate segment metric. To that end the definition of schedule reliability in should be changed to use segments as the basis. More definitive wording in is needed to make clear the timeline of the reporting and ensuing schedule adjustment. In addition, all stakeholders should receive a copy of the report, especially the carrier s pilot labor organization. 4) Should carriers be required to report on more parameters, such as cumulative duty hours or daily flight time?. If so, why? YES, they should report on individual segment block time as noted in the previous question. 5) What should be the interval between reporting requirements?

27 The reporting interval should be 30 days. 6) How long after discovering a problematic crew pairing should the carrier be afforded to correct the scheduling problem? Once the carrier becomes aware of a flight duty period or flight segment that is exceeding the schedule by more than the percentage allowed it must take corrective action immediately but not later than 30 days after becoming aware of the exceedance. 7) Is a 3-day adjustment to a new theater of operations sufficient for an individual to acclimate to the new theater? No. As supported by science, at best a person can acclimate 1 hour per day. Just being in a new theater for 72 hours while still working allows for a crewmember s sleep to potentially be swapped multiple times resulting in both acute and cumulative fatigue and further circadian de-synchronization. We propose changing the requirement to a 36 consecutive hour rest within the first 72 consecutive hours in theater as appropriate to allow recovery from cumulative fatigue and enable flightcrew members to deal with circadian desynchronization. Further defining the theater concept, we have proposed incorporating traveling 60 degrees of longitude within the definition to better capture the effect of eastwest transitions on circadian disruption. 8) Is a 36-hour break from duty sufficient for an individual to acclimate to a new theater?

28 No. See #7 and revised definition of theater above. 9) Should flightcrew members be given a longer rest period when returning to home base than would otherwise be provided based on moving to a new theater? Yes. We have proposed a modification to Section to include Table F for recovery rest on return to home base. This concept is contained in numerous international regulations and current FAA regulations. 10) Should the FAA have different requirements for flightcrew members who have been away from their home base for more than 168 hours? If so, why? Recovery rest should be provided regardless of the time away from home base. Current FAA and international regulations provide for such rest and to only provide recovery rest for crewmembers who have been away from home base for 168 hours or more would degrade not improve the current regulation. We have provided the appropriate recovery rest scheme in Table F above. 11) Should the FAA require additional rest opportunities for multiple pairings between two time zones that have approximately 24-hour layovers at each destination? What if the scheduled FDPs are well within the maxima in the applicable FDP table or augmentation table?

29 Rest needs to be adjusted and multiple 24-hour layovers should be limited on consecutive days and on a weekly basis. The difficulty with 24-hour layovers is the crewmember has to get two sleep opportunities in one off duty period that results in a circadian shift of the pilot s body clock resulting in a sleep debt. Further compounding this sleep debt are multiple 24-hour layovers on consecutive days. The result is cumulative sleep debt and increased fatigue. The length of the FDP is irrelevant because the issue with 24-hour layovers is specific to the amount of rest an individual can obtain in the 24-hour off duty period. It is impossible to obtain two full sleep cycles in a 24-hour period. SWAPA suggests limiting flightcrew members to no more than two scheduled layovers between hours in a rolling 168 hours to prevent accumulated sleep debt, and never on consecutive rest periods. 12) If the FAA adopts variable FDP limits, is there a continued need for daily flight time limits? Yes daily flight time limits are still needed. There have been no studies on the affects of altitude, noise, vibration and limited movement on flight crews. Until such studies are completed it is prudent to err on the side of safety, just as has been stated in the preamble to the proposed regulation. These limits have been in place since the beginning of the flight limitation regulations and there is no basis not to continue these limits. 13) If the FAA retains daily flight time limits, should they be higher or lower than proposed?

30 Daily flight time limits must be hard limits and should be a maximum of 7/8/9 as noted in Chart A in the comments above. The 28-day limit is acceptable as provided, however the 365-day limit should be raised to 1200 hours. 14) Should modifications be made to the proposed flight time limits to recognize the relationship between realistic flight time limits and the number of flight segments in an FDP? The proposed limits are appropriate in relation to the number of segments. Since the FDP will be become more restrictive with additional segments, no adjustment in flight time is necessary. However, flight time limits should be adjusted as indicated in question 14 above. 15) Should augmentation be allowed for FDPs that consist of more than three flight segments? Does it matter if each segment provides an opportunity for some rest? Multi-leg augmentation should only be allowed when no crew change is possible and should be limited to 2 segments in all cases except via an approved FRMS. Multi-leg augmentation should never be used solely for the purpose of extending a flight duty period. Augmented flights must not be mixed with non-augmented flights in the same flight duty period. Domestic augmentation should never be permitted. 16) Should flight time be limited to 16 hours maximum within an FDP, regardless of the number of flightcrew members aboard the aircraft, unless a carrier has an approved FRMS?

31 Flight time within an FDP should be limited to 16 hrs regardless of an FRMS. Instead, the proposed ULR OpSpec A332 provisions should be made regulatory. 17) Should some level of credit be given for in-flight rest in a coach seat? If so, what level of credit should be allowed? Please provide supporting data. Inflight rest credit in a coach seat should be absolutely prohibited. All inflight rest should be as described in the TNO. Obtaining rest without leg and foot support and the ability to recline at least 40 degrees is documented as difficult by sleep scientists and was adequately benchmarked in the TNO Report. 18) Is there any reason to prohibit augmentation on domestic flights assuming the flight meets the required in-flight rest periods proposed today? Domestic augmentation is purely an economic consideration, not a safety-related one, and should be prohibited. It is always safer to replace a crew than rely on in-flight rest, which is fragile due to turbulence, vibration and noise either within or outside of the flight deck. Augmentation should only be permitted when replacing a crew is impossible. 19) Are the proposed required rest periods appropriate? Domestically, there should be a minimum of 10 hours of rest at the facility with the room available. For international operations, 12 hours should be provided with the same

32 stipulations. Further, no reduction in rest should ever be permitted. If reduced rest is permitted, it should never be allowed in conjunction with an extension in FDP beyond the appropriate Table B maximum. 20) Should credit be allowed if a flightcrew member is not type-rated and qualified as a PIC or SIC? No, all flightcrew members need to be current and qualified type-rated as a second-incommand (SIC) or pilot-in-command (PIC), and throughout the flight at least one crewmember at the controls needs to be type-rated as a PIC. This is essential so that qualified flightcrew are immediately available in the cockpit to handle any in-flight emergencies from cruise altitude thru landing, especially during a security lockdown. Additionally, given that sleep science indicates up to 30 minutes may be required to overcome the affects of sleep inertia, the option of waking up a sleeping qualified crewmember during a time critical emergency is ineffective. Integrity of augmented crew for the entire FDP is essential. 21) Please comment on whether a single occupancy rest facility provides a better opportunity for sleep or a better quality of rest than a multiple occupancy facility such as a multi-bed crew sleeping facility or multi-bed living quarters. Single occupancy is superior, due to noise, light, physiological needs considerations, and differences in personal preferences/needs regarding temperature. The definition of

33 Suitable accommodation in should be modified to include the phrase single occupancy, and we have made that recommendation in our comments. 22) Should there be any restriction on consecutive nighttime operations? If not, why? Yes, there should be a limit on consecutive nighttime operations. Flight operations that impinge on the WOCL contribute to circadian fatigue and transient fatigue that may also result in cumulative fatigue. Also, daytime sleep is more difficult than nighttime sleep resulting in greater fatigue. There should be no more than 3 consecutive nighttime operations allowed unless there is some sort of fatigue mitigation strategy. A fourth night could be permitted only if a crewmember has at least 12 hours free from all duty between each duty period. 23) If the nighttime sleep opportunity is less than that contemplated under the split duty provisions of this notice, should a carrier be allowed to assign crew pairing sets in excess of three consecutive nights? Why or why not? We agree with the FAA and science that consecutive nighttime duty periods contribute to sleep debt and increased fatigue. We also agree with science that fatigue can be mitigated to some extent when a flightcrew member is given a sleep opportunity in a suitable accommodation. However, we do not believe this sleep opportunity mitigates the fatigue associated with an extended flight duty period and should be not used to extend a flight duty period.

34 24) If the nighttime sleep opportunity meets the split duty provisions of this notice, should the carrier be allowed to extend the flight duty period as well as the number of consecutive nighttime flight duty periods? Why or why not? The carrier should not be allowed to extend the flight duty period. The FDP table was constructed based on acknowledging that duty during the WOCL contributed to fatigue. The sleep opportunity afforded during split duty should be to mitigate fatigue not to extend a flight duty period. 25) Should a fourth night of consecutive nighttime duty be permitted if the flightcrew member is provided a 14-hour rest period between nights three and four? The FAA s concept in the proposed rule to limit consecutive nighttime duty periods to three consecutive nights is better handled by requiring 12-hours of rest before each nighttime duty period as recommended in the language proposed in this submission. 26) Please comment on whether a 16 maximum hour FDP for long call reserve is appropriate when the maximum FDP for a lineholding flightcrew member is 13 hours. For a long call reserve the maximum should be the same: 13 hours. As a long call reserve receives the same pre-fdp rest, there is no rationale for assuming that he can work a

35 longer FDP (call out time is not a factor for a long call reserve). In fact, since the long call reserve does not know when he will be placed into rest, an argument can be made that his FDP should be less due to the inability of the long call reserve to adjust and plan appropriate rest/wake cycles. 27) Please comment on whether the proposed maximum extended FDP of 22 hours for an augmented flightcrew member is appropriate. If not, please provide an alternative maximum FDP. The proposed maximum extended FDP of 22 hours is not appropriate. The maximum proposed FDP should be the maximum FDP 18 hours plus 2 hours operational extension (as discussed in question # 2 above) for a maximum extended FDP of 20 hours. This maximum extended FDP of 20 hours is the same as a lineholder. 28) Please comment on whether a certificate holder should receive credit for not calling a flightcrew member during the WOCL while on reserve. Credit as proposed is OK. If complexity is an issue, then the credit should be eliminated altogether. A one size fits all credit would be disproportionately harmful to individuals called out towards the beginning of the WOCL. It is also imperative to note that contacting a pilot in a rest period prior to the start the WOCL (prior to 0000) should invalidate any potential WOCL credit since the pilot has been disturbed.

36 29) Should minimum required rest while on reserve status be greater than the amount of rest required for a lineholding flightcrew member? If so, please provide supporting data, if not, please provide rationale. No, minimum rest need not be longer provided that some measure of circadian stability is ensured. 30) Please comment on the level of complexity on the proposed reserve system. We believe that the language is cumbersome and difficult to decipher. A simplified system would include Table E as included in the preamble and the proposed language above. The only caveat to the table would be WOCL credit (if retained) and would be applied as stated in the NPRM and comments above. 31) The FAA seeks input on the appropriate cumulative limits to place on duty, flight duty periods and flight time. Is there a need for all the proposed limits? Should there be more limits (e.g., biweekly, or quarterly limits)? The proposed cumulative limits are well chosen and sufficient. None need to be added, but neither should any be eliminated. 32) The FAA also asks for comments on measuring limits on an hourly rather than daily or monthly basis. Does this approach make sense for some time periods but not for others?