The U.S. Court of Appeals struck a blow to pilot groups across the country last month when it blocked a federal court’s ruling to force scheduled Part 121 carriers to comply with a new interpretation of the long-disputed pilot duty-time rule. The Regional Airline Association and the Air Transport Association each filed motions earlier this year to suspend the District Court’s original ruling, which removed ground delays from the list of uncontrollable circumstances that allow pilots to exceed their duty limits. In its motion, the RAA argued that the FAA violated its own Administrative Procedures Act by circumventing the required notice and comment process for any new rule. Under the Appeals Court’s ruling, the FAA, pilot unions and airline associations will present their arguments before the court in January.
“This is clearly a case where the FAA violated its own regulation requiring that significant changes to existing regulations be offered for notice and comment by all affected parties,” said RAA president Debby McElroy.
