UPS Pilots File Petitioner’s Brief in IPA v. FAA; Challenging Cargo Exclusion from Rest Ru

For Immediate Release
Contact:  IPA General Counsel William Trent, (502) 967-0341 ext. 2205,

UPS Pilots File Petitioner’s Brief in IPA v. FAA; Challenging Cargo
Exclusion from Rest Rule

WASHINGTON, April 25, 2012 – The Independent Pilots Association (UPS
pilots) last night filed its petitioner’s brief with the U.S. Court of
Appeals for the D.C. Circuit challenging the FAA’s exclusion of cargo
operations from new rules governing pilot duty and rest requirements.

The following statement is from the IPA’s General Counsel William Trent:

“The FAA acted contrary to Congress’ mandate when the Agency published
new pilot duty and rest rules in December excluding a vast and growing
segment of U.S. commercial aviation –cargo.  Congress specifically
directed the FAA to address the problem of pilot fatigue by issuing
new rules based on the best available science.

The FAA initially agreed stating that the old rules ‘are inadequate to
guard against fatigue and present an unacceptable risk to the public.’
Yet the same Agency, under intense cargo industry pressure, abruptly
made a 180 degree turn and left cargo pilots under the same set of
flawed rules that the FAA and Congress found lacking.

The UPS pilots challenge the FAA’s decision to exclude cargo
operations from the new safety rules for three primary reasons.
First, the FAA’s exclusion of cargo was based solely on a
‘cost-benefit’ analysis Congress never authorized the FAA to employ.

Next, the FAA exceeded its authority by relying on a sketchy,
imprecise ‘cost-benefit’ formula that failed to account for benefits
even the FAA acknowledged would accrue by applying the new rules to
all cargo operations and in failing to consider other obvious

Finally, the FAA failed to provide the public with legally required
notice and opportunity to comment both with respect to its intent to
treat cargo differently than passenger operations, and with respect to
its reliance on a flawed cost-benefit formula that was made public,
for the first time, only after announcing the new rule excluding

Importantly, however, the IPA does not seek to overturn the new rules
as they relate to passenger operations, but only to have the Court
order the FAA to reconsider the inclusion of cargo operations
consistent with its mandate from Congress and laws requiring adequate
notice and opportunity for public comment.”

The Court has order that the FAA file its respondent’s brief by May 24, 2012.

A pdf of the IPA petitioner’s brief is attached.  To view the addendum
to the brief and other materials related to IPA v. FAA, Cargo Airlines
Association, go to: