CAPA members: UPS Pilots File Statement of Issues in IPA v. FAA

For Immediate Release:  Monday, January 23, 2012

UPS Pilots File Statement of Issues in IPA v. FAA

WASHINGTON, Jan. 23, 2012 - Today the Independent Pilots Association
(UPS pilots) filed its preliminary statement of issues as ordered by
the U.S. Court of Appeals for the D.C. Circuit in its challenge to the
FAA's exclusion of cargo operations from its final rule on pilot
flight and duty time.

"Our preliminary statement of issues outlines the basic arguments we
will raise to advance our case," said IPA General Counsel William
Trent; "it is the basis of our challenge to the FAA's exclusion of
cargo airlines from the final rule."  He added that IPA does not seek
to vacate or delay the rule itself.

The Association is challenging the exclusion of cargo operators on the
following grounds:

The FAA's capricious decision to discard its August 2010 proposal that
uniformly applied science-based flight and duty time rules to both
passenger and cargo carriers is based on a cursory assertion that
compliance costs for cargo operations significantly exceed the related
societal benefits;

The FAA's arbitrary assumptions and estimates in its cost-benefit
analysis lack substantial evidence;

The FAA failed to act in accordance with law by not providing
interested parties an opportunity to review and comment on its
cost-benefit calculations, the FAA's sole basis for its determination
to exclude cargo operations from the final rule; and

The FAA failed to act in accordance with law by ignoring the fatigue
facts and factors that are more prevalent in cargo operations,
specifically night-time operations and flying across multiple time
zones.

"The Court has ordered the FAA to file the certified index of the
record, essentially a catalog of the regulatory docket, by February
6," said Trent; "this will be the first chance we have to review the
entire record relied upon by the FAA in reaching its decision on the
final rule."

To see the entire Potential Issues for IPA Preliminary, Non-Binding
Statement of Issues and other materials related to IPA v. FAA/ USCA
Case #11-1483 please go to: http://www.ipapilot.org/IPAvFAA.asp