The Independent Pilots Association, which represents UPS pilots, this week filed a court statement challenging the FAA's decision to exclude cargo operators from new pilot fatigue and rest rules. IPA called the FAA's decision "arbitrary and capricious, lacking in substantial evidence in the record or otherwise not in accordance with law." IPA says the FAA failed to provide an opportunity for affected or interested parties to review and comment on the cost-benefit calculations that drove its decision and ignored essential factors specific to cargo carriers. The court has ordered the FAA to respond.
William Trent, IPA general counsel, says the court "has ordered the FAA to file the certified index of the record, essentially a catalog of the regulatory docket, by February 6." IPA believes that cargo carriers operate under conditions that are proven to be more susceptible to pilot fatigue, including night flights and flights across multiple time zones. Trent says publication of the certified index of record will provide cargo pilots their first chance to review the information the FAA used to arrive at its final rule. The IPA's preliminary statement of issues includes these concerns. It is available online here (PDF).