Should Cargo Carriers Be Exempt From Flight/Duty Changes ?

     The Department of Transportation identified the issue of pilot fatigue as a top priority during the 2009 airline Safety Call to Action following the crash of Colgan Air flight 3407. The FAA launched an aggressive effort to take advantage of the latest research on fatigue to create a new pilot flight, duty and rest proposal which the agency issued on September 10, 2010. According to the FAA press release page on their website the key components of the final rule for commercial passenger flights includes varying flight and duty requirements based on what time the pilot's day begins. It incorporates the latest fatigue science to set different requirements for pilot flight time, duty period and rest based on the time of the day pilots begin their first flights, the number of scheduled flight segments and the number of time zones they cross. The previous rule included different rest requirements for domestic, international and unscheduled flights. Those differences were not necessarily consistent across different types of passenger flights and did not take into account factors such as start time and time zone crossings.
     The new rule also addressed flight duty period which includes deadhead transportation, training in an aircraft or flight simulator, and airport standby or reserve duty if these tasks occur before a flight or between flights without an intervening rest period. The old rule only accounted for the time a pilot is actually in the cockpit flying. The rule set a 10-hour minimum rest period prior to the flight duty period, a 2-hour increase over the old rule. The new rule also addressed potential cumulative fatigue by placing weekly and 28-day limits on the amount of time a pilot may be assigned any type of flight duty. It also places 28-day and annual limits on actual flight time and requires that pilots have at least 30 consecutive hours free from duty on a weekly basis, a 25% increase over the old rules. The FAA expects pilots and airlines to take joint responsibility when considering if a pilot is fit for duty, including fatigue resulting from pre-duty activities such as commuting. An airline may also develop an alternative way of mitigating fatigue based on science and using data that must be validated by the FAA and continuously monitored.
     The estimated cost of this rule to the aviation industry is $297 million but the benefits are estimated between $247 - $470 million. Covering cargo operation under this new rule will be too costly compared to the benefits generated in this portion of the industry. Some cargo airlines already have improved rest facilities for pilots. The FAA encourages cargo operators to opt into the new rule voluntarily, which will require them to comply with all of its provisions. Again, you can read more of all this information on the FAA website under press releases. All flight and duty limitations for cargo carriers can be found in the Federal Aviation Regulations Aeronautical  Information Manual (FAR AIM) 2018 under PART 117 starting on page 325.
     Like I said above one of the reasons that cargo carriers have been excluded from the new changes is because it's not financially profitable for the industry. The cost to implementing this for the cargo carriers is too high and the benefit or return is low. I think it's really that simple but other things like the fact that there aren't passengers involved so there's no "public perception" to worry about and that accidents associated with cargo carriers usually don't have anything to do with fatigue might also play a small role in all this. I think cargo carriers have been given a choice to be included and it's up to them to make that choice. I think like most passenger airlines, cargo airlines also have alternative ways of mitigating fatigue. If the cargo carrier can afford to be included then by all means, they should but keep in mind also that one big reason for this new rule is that it brings back a profit for passenger airlines and the FAA didn't make it mandatory for cargo airlines because they weren't going to make a profit on it. So the real question is, why should the cargo carriers want to be included in the new rule if they're not gaining from it like the rest of the industry is ?
     From a managerial perspective, I think it makes scheduling a bit more difficult. Maybe reinforces the shortage of pilots, but I don't honestly see it affecting the careers of dispatchers, air traffic controllers or administrative staff.

REFERENCES

https://www.faa.gov/news/press_releases/news_story.cfm?newsId=13272

https://www.law.cornell.edu/cfr/text/14/part-117