All-cargo airlines have been getting more attention from U.S. regulators. Recent activity by the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) is set to affect both air cargo pilots and air cargo screening.
Pilot Fatigue Litigation
Last December, FAA issued new rules intended to prevent pilot fatigue; however, the new rules only applied to passenger airlines. At the time, FAA determined imposing new rules on cargo airlines would be too costly to the industry at an estimated $214 million over a decade. In response, the Independent Pilots Association (IPA), which represents 2,700 UPS pilots, filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit, alleging the cost estimate did not justify the cargo pilot exemption.
As a result, FAA asked the court to temporarily suspend litigation while it reviews newly discovered errors in the administrative record supporting the regulation. FAA discovered errors in calculating the scope of costs associated with the implementation of the regulations for all-cargo operations. FAA stated that the errors are significant enough that it is prudent to review the portion of its cost-benefit analysis and allow interested parties an opportunity to comment. FAA will issue a new evaluation that discloses the extent and nature of the errors as expeditiously as possible.
Cargo-Screening Deadline
In an effort to harmonize security matters with international and industry partners, effective December 3, 2012, TSA will require passenger air carriers to screen all cargo packages transported to the United States. The process requires enhanced screening for shipments designated as high risk, while low risk shipments will undergo other physical screening. At a minimum, all cargo shipments loaded on passenger aircraft will undergo screening for explosives. The new screening requirements are a result of the implementing recommendations of the 9/11 Commission Act.
TSA Screening Fees
TSA requires certain cargo workers of aircraft operators, foreign air carriers, indirect air carriers, and certified cargo screening facilities submit to a security threat assessment (STA). In performance of an STA, TSA examines a variety of government databases to verify the individual’s identity and determines whether the individual poses a security threat. To offset the cost of conducting an STA, TSA announced a final fee of $41 will be charged to investigate employees who apply for unescorted access to cargo transported on passenger aircraft, screen cargo, supervise screening, or perform certain other security functions. The $41 screening fee is effective June 22, 2012.