20 MAR 2009 _______________________________________ *Ecuador: Six die from Quito plane crash *Ecuador Military Plane Crashes in Quito Neighborhood *FAA Shuffles Regional Ranks With Two New Appointments *Study finds criminal prosecution following accidents damages flight safety *Post-accident prosecution detrimental to flight safety: study *Pilot loses claim over footballer *BAA Forced To Sell Three Airports *DOT Gives Final Approval to Baltia Air Lines *Viewpoint: Survival of ASAP *Medical helicopter diverted after seagull hit *FAA scraps ultra long-range crew rest upgrade *Industry encourages FAA to define data communications scheme in NextGen *EASA still has long way to go: UK CAA chief *Embraer unveils secondary-market fleet support scheme *************************************** Ecuador: Six die from Quito plane crash Small military plane on a training flight in heavy fog crashes Three members of Ecuador's military aboard flight died, defense ministry says NEW: Subsecretary of defense says three people in a building also killed (CNN) -- A small military plane on a training flight in heavy fog crashed Thursday into a populated area of Quito, the capital city of Ecuador, killing the three people aboard and three on the ground, authorities said. Residents are helped to leave a building in flames, after the plane crash set it on fire. The Beechcraft was carrying members of the military, said Ecuador's Minister of Defense, Javier Ponce. Miguel Carvajal, a subsecretary of defense, said three people in a building were also killed. Earlier, police had told reporters no one on the ground was injured. Television footage from Ecuavisa showed at least one building in flames in the neighborhood of Guapulo. The crash occurred at 5:30 p.m. (6:30 p.m. ET). "I heard a loud, loud noise," said a man who was on his patio when the plane flew overhead. "I looked up and saw a small plane, super low, and then I heard a boom and went downstairs to see what happened." Kyle Kendall, an English teacher, was inside his apartment when he, too, heard the plane fly overhead. "Wow, that's low, that's really loud," he said he told himself. "And then I heard the explosion." He ran outside to see a four- or five-story building 100 yards away, its top two floors "completely on fire." He said he entered the building to see if anyone needed help, but was turned back before he got to the second floor. "It was just too hot," he said. He said once he was back outside on the street, it became clear to him that the chances anyone aboard the plane had survived were slim. "We were stepping on, like, wreckage," he said. http://www.cnn.com/2009/WORLD/americas/03/19/ecuador.plane/index.html *************** Ecuador Military Plane Crashes in Quito Neighborhood March 19 (Bloomberg) -- An Ecuadorean military aircraft crashed into a residential neighborhood of the capital, Quito, today, setting a multistory apartment building on fire. The three crew members and two civilians on the Beechcraft 200 plane were killed, according to a statement by the Defense Ministry. At least two bodies were found in the rubble of the building in the upscale Gonzalez Suarez neighborhood, while two injured people were being treated for smoke inhalation, Red Cross rescuer Henry Ochoa said at the site. The aircraft was approaching Quito's Mariscal Sucre airport in dense fog when the crash occurred at 5:30 p.m. Quito time. While the airport is open, numerous flights have been delayed, according to its Web site. It's the fourth plane crash in the area surrounding the airport, which is marked by high-rise apartment buildings on a hill. Two passenger planes have skidded off the runway since late 2007 at the airport that lies in the middle of residential and business districts. "This is why the airport has to be moved," said Deputy Mayor Gonzalo Ortiz on the TC television network. "It's 30 years overdue." A new airport with a broader approach and longer runway is under construction in an Andean valley east of the city and scheduled to open in the second half of 2010. President Rafael Correa inspected the crash site, which is near the residence of U.S. ambassador Heather Hodges. ************** FAA Shuffles Regional Ranks With Two New Appointments Miniace To Lead Central Region; Vernon Promoted To NW Mountain Region Administrator Now almost two months in to his administration, President Barack Obama has yet to appoint his nominee to lead the Federal Aviation Administration... but the agency is shoring up its ranks with Thursday's announcement Joe Miniace and Kathryn Vernon have been named administrators for the Central Region and Northwest Mountain Region, respectively. Both names may be familiar to regular ANN readers, particularly if you've kept up with the volatile state of affairs between the agency and air traffic controllers. Miniace will take over the Central Region on May 4, following the retirement of Chris Blum. Miniace is deputy assistant administrator for human resource management and strategic labor relations, a position he has held since May 2005. As Aero-News reported, months after his appointment Miniace was thrown into the quagmire surrounding contentious negotiations between the agency and the National Air Traffic Controllers Association. Under Miniace's oversight, that situation quickly devolved into the FAA declaring an impasse in talks in April 2006. To this day, controllers are working under a contract forced upon them... which, according to NATCA, has resulted in a number of experienced controllers taking early retirement (or quitting outright) leaving less-experienced trainees to fill those roles. Vernon has been the director of western terminal operations, based in Seattle. Her starting date has not been determined, but she will take over for Steve Bernett, who has been acting regional administrator the last few months. Of particular note, Vernon left in November 2006 to serve in Iraq for a year. More recently, Vernon made headlines this week as she tiptoed the line between admitting a memo sent last month by Kevin Stark, Acting Air Traffic Manager at the Denver Air Route Traffic Control Center, "leaves a lot of questions out there" about the state of air traffic control operations over the western city... while also stressing "[t]here is no reason for the public to lose confidence" in air safety in Colorado skies. FMI: www.faa.gov aero-news.net *************** Study finds criminal prosecution following accidents damages flight safety A new doctoral study of the criminal prosecution of pilots or air traffic controllers following aircraft accidents and incidents has concluded that they have a definite detrimental effect on flight safety, but fail to have the intended effect of deterring individuals from making mistakes. The study, carried out by two Cypriots, found controllers are particularly aware that successful prosecution could follow an unintentional error, and the resulting stress may even make mistakes more likely. (Flight International) (aviation-safety.net) ************** Post-accident prosecution detrimental to flight safety: study A new doctoral study into criminal prosecutions of pilots or air traffic controllers following aircraft accidents and incidents has concluded that while they have a definite detrimental effect on flight safety, they fail to have the intended effect of deterring individuals from making mistakes. In fact, the study found, controllers are particularly aware that successful prosecution could follow an unintentional error, and the resulting stress may even make mistakes more likely. The study was carried out by two Cypriots, Sofia Michaelides-Mateou, a professor of law at the University of Nicosia, and a Cyprus Airways Airbus A320 captain Andreas Mateou, and was presented at the Flight Safety Foundation's European Aviation Safety Seminar in Nicosia on 18 March. A criminal prosecution of individuals associated with the now-defunct Cypriot carrier Helios Airways as a result of the August 2005 fatal crash of one of its Boeing 737s is about to begin in the Cyprus courts in the next two weeks. The Cyprus court case is coincidental to the study, because the study's purpose was to determine, generically, the positive or negative effects on flight safety of proceeding with criminal prosecutions against those involved in aviation accidents. All those on board the Helios aircraft died, so the pilots cannot be prosecuted, but other Helios employees and contractors, including engineers, have been charged to appear before the Cyprus courts, and may yet be called to appear also before courts in Greece, where the crash occurred at the end of a flight from Larnaca. In addition to examining former aviation accident criminal prosecutions and their judicial outcomes, the doctoral study carried out a survey of pilots and controllers to find out their perception of whether the threat of prosecution in the event of an accident had a positive effect on aviation safety, and they were almost unanimous in their opinion that it was detrimental. There was a very small minority, says Michaelides-Mateou, that believed the threat of prosecution was an incentive not to make an error. One of the effects of the threat - or the actuality - of prosecution, the study found, is that although pilots and controllers instinctively want to provide information that will reduce the risk of an error or mishap in future, they withhold it because their own testimony may incriminate them - and their lawyers certainly advise them to take up their right to silence. Mateou points out that, increasingly in cases all over the world, data from the technical investigation, and from the flight data recorder and cockpit voice recorder, is being used in its raw form as evidence in trials without the need to test its validity in law. This contravenes Annex 13 to the Chicago Convention, but it is happening, he points out. The result of this "intermingling" of raw data with legal evidence leads to pilots and controllers being advised to maintain their right to silence even in front of the technical accident investigators, explains Michaelides-Mateou. The FSF, Eurocontrol and the European Regions Airline Association, which are joint partners in staging the safety seminar at which the doctoral study was presented, have for many years publicly expressed their concern about the detrimental effect that the threat of the criminal prosecution of unintentional human error has on the voluntary reporting of incidents. Source: Air Transport Intelligence news ************** Pilot loses claim over footballer Pablo Mason thanked people who sent him messages of support An airline pilot sacked for allowing a footballer to sit in the flight deck has lost a claim for unfair dismissal. Pablo Mason was sacked by MyTravel, which has since merged with Thomas Cook, after allowing Robbie Savage into the cockpit on a flight from Finland. The former Gulf War RAF pilot, 58, from Leamington Spa, Warwickshire, said he had "no complaints" after a ruling by a tribunal panel sitting in Birmingham. He had been flying the Blackburn Rovers team after a Uefa Cup match in 2007. Captain Mason, 58, who saw action as a bomber pilot during the 1991 Gulf War, was dismissed after allowing the Wales midfielder to enter the cockpit while flying the Blackburn team to Manchester. Thomas Cook Airline Services acted fairly in sacking Cpt Mason for gross misconduct, the employment tribunal panel ruled. I feel totally privileged to have been regarded by many people in the Midlands as 'Biggles of Birmingham' Pablo Mason Speaking after the ruling, Capt Mason thanked the hundreds of people who sent him messages of support after his dismissal. Capt Mason told the tribunal he had not believed he was breaching security regulations in allowing Savage on to the flight deck, after being told to use his initiative during the "vital" VIP flight. The pilot, who represented himself during the proceedings, told the media outside the tribunal building that he had not been surprised by the ruling. He said: "I have been beaten in a very fair tribunal by an excellent barrister and I have no complaints at all about the way in which I have been treated." Capt Mason, who has a handlebar moustache, added: "I feel totally privileged to have been regarded by many people in the Midlands as 'Biggles of Birmingham'." Asked whether he intended to carry on flying, he replied: "It's my life. Somebody can stop me flying but nobody can tell me that I can't fly." 'No terrorism risk' The tribunal panel gave a brief statement and said the full reasons for its judgment would be published in the coming weeks. Capt Mason told the panel he had perceived there to be "absolutely no possible risk" of terrorism on board Blackburn's private charter flight. The panel heard the pilot had already been disciplined for gross misconduct after two separate incidents in 2006, including one in which he stripped to his underwear during an airport security check. He maintained that one of the incidents was not investigated fully and therefore a formal warning, which later led to his dismissal, should not have been given. But the Thomas Cook airline claimed Capt Mason - its most popular pilot among the travelling public - was aware of the ban on flight deck visits and had been fairly treated. A spokesman for Thomas Cook said the airline was pleased with the outcome after the tribunal. He added: "The professionalism of our pilots and all our staff is of paramount importance in ensuring that security and operating procedures are upheld in the safe transport of all our customers." http://news.bbc.co.uk/2/hi/uk_news/england/7953069.stm *************** BAA Forced To Sell Three Airports The British Competition Commission delivered the expected verdict that British airport operator BAA must sell three of its airports, including Gatwick and Stansted. But for the firm's owner, Ferrovial, there were some surprises that will make the news slightly more bearable. According to Kepler Capital Markets analyst Victor Acitores, BAA has been given some flexibility when it comes to the disposal in Scotland, having the choice between either Edinburgh or Glasgow. In addition, the news that the company will have two years rather than a shorter time frame to make the sales is also beneficial to Grupo Ferrovial (other-otc: GRERF - news - people ). "The possibilities of achieving a good sale are much greater within that period than at the height of the credit crunch," he told Forbes. Shares of Ferrovial rose 1.3%, or 23 euro cents (31 cents), to 18.39 euros ($24.84), in Madrid on Thursday morning, as the company described the ruling as "flawed." Ferrovial, which must sell Gatwick, Stanstead and the Scottish airport in that order, kicked off the sale process for Gatwick last year. (See "Gatwick Up For Grabs.") The company had already contested a preliminary ruling last year. (See "BAA: Fight And Flight.") Though the airport operator is suffering along with the aviation sector, as passengers in both premium and economy classes cut back on short- and long-haul travel, this is being partly offset for BAA, which is raising fees, in part to fund development projects, while retail sales at shops are bringing in healthy revenues. (See "Shopping Spree Boosts U.K. Airports.") Ferrovial, a Spanish infrastructure company, bought BAA for 10.1 billion pounds ($14.47) three years ago, and since then the airport operator has proved something of a liability, weighing on its earnings. BAA reported a net loss of 1.9 billion pounds ($2.7 billion) for 2008. Acitores believes the sales may work in favor of Ferrovial, enabling it to deleverage its balance sheet; the longer time table for the sales should mean it will achieve a decent price, particularly with the kind of attention that Gatwick and Stansted would command from buyers. http://www.forbes.com/2009/03/19/ferrovial-baa-disposal-markets-equity-airpo rts.html *************** United States Department of Transportation Gives Final Approval to Baltia Air Lines, the Only New U.S. Airline NEW YORK, NY - On March 10, 2009, after presidential review, the United States Department of Transportation issued its Final Order to Baltia Air Lines. The Final Order authorizes Baltia to engage in foreign non-stop air transportation of persons, property and mail from John F. Kennedy International Airport, New York to Pulkovo Airport in St. Petersburg, Russia. Based at Terminal 4 at JFK, Baltia Air Lines is the only Part 121 American Air Carrier being developed in the U.S. today. http://www.msnbc.msn.com/id/29778655/ *************** Viewpoint: Survival of ASAP By Dave Cann, VP Regulatory Compliance, AAR, for Overhaul & Maintenance Recently, a congressional hearing contained discussions surrounding the topic of voluntary safety reporting programs that are used in collaboration between the aviation industry and the U.S. Federal Aviation Administration (FAA). Basically, there are three major programs: Voluntary Disclosure Reporting Programs, Aviation Safety Action Programs and Flight Operations Quality Assurance Programs. However the focus of late has been on Aviation Safety Action Programs (ASAPs). ASAPs have become a subject of discussion in news media reports regarding a couple of air carriers and their labor organizations (see O&M, Feb., p. 15). The Aviation Safety Action Program concept currently is described and administered in accordance with FAA Advisory Circular (AC) 120-66B. Although ASAPs have been in use since the late 1990s, the concept actually was used unofficially in the maintenance environment in the late 1980s. These early prototype programs, which had names like Maintenance Resource Management Maintenance Round Tables, have become more robust and structured, and evolved into the current Aviation Safety Action Program concept. While some may believe, or perceive, an ASAP to be a "Get Out of Jail Free" program, nothing could be further from the truth. A properly implemented and utilized ASAP provides data and information that can be used to enhance safety by directing efforts to revise policies and procedures, and to make changes that are necessary to improve safety. These programs raise safety awareness within the workforce and build confidence in the environment. Recently, these programs have become a subject during negotiations between labor organizations and air carrier management. ASAPs should not be a subject of negotiations. To do so can be compared to negotiating safety. We all must agree that safety shall never be "negotiated." In the past, air carriers and others may have withheld information from the FAA for fear of punishment and retribution, but when voluntary programs such as ASAP were implemented, information began to flow between the "regulator" and the "regulated," and benefitted the travelling public. To curtail the use of ASAPs would be regressing to an earlier state of safety awareness and implementation. We all recognize that we now are living with the safest aviation industry of all time. This safe environment was not arrived at by accident, but by cooperation and collaboration. When a member of the workforce comes forward and identifies an issue or a concern, or admits a mistake, it should be for the benefit of everyone. It may be to identify a procedural issue or a human factors issue, and the information can be used to make improvements. By eliminating or reducing the use of ASAPs, the workforce is driven "underground" and pertinent information may be withheld that can be used to implement enhancements. The aviation industry has come a long way since these days, and ASAPs have been an important part of that transition. So one may ask, what is the single most important element of an ASAP? Well, that element must be trust. It must be trust by the FAA, the air carrier or repair station, and by the individual. Without trust, ASAPs become less valuable and information is withheld; the philosophy becomes "catch me if you can." Safety is not improved by this type of philosophy or process. While we all believe that everyone employed in aviation has a "safety first" mentality, we don't all have the same degree of trust in others. This trust must be built, and when the trust is built, then a truly viable ASAP can be designed and implemented. We can't afford to take a chance on safety. We can't afford to let obstacles get in our way that may detract from our ability to share information, improve our actions and make aviation a safer place. Put differences aside and focus on issues that can, and should, be "negotiated,"--not safety. Don't make laws or create obstacles that will detract from providing a safer environment for the travelling public and the workforce. ASAPs provide a true value and benefit for everyone, and we should be working together to tear down obstacles and build trust, not the opposite. So, should ASAP survive? Clearly, the answer must be "yes." These programs must not only "survive" but gain momentum, and be more widely utilized throughout the aviation industry than ever before. To curtail the use of ASAPs is to curtail progress and safety. Dave Cann joined AAR Corp. in January as VP, regulatory compliance, after retiring as manager of the FAA Flight Standards Service, Aircraft Maintenance Division in January 2008. In that capacity, he was responsible for the overall direction of Federal Aviation Regulations and national standards related to the airworthiness and maintenance of commercial aircraft. He also served as FAA's central point of contact for the aircraft maintenance industry. http://www.aviationweek.com/aw/generic/story_generic.jsp?channel=om&id=news/ omVpt309.xml&headline=Viewpoint:%20Survival%20of%20ASAP ************** Medical helicopter diverted after seagull hit GREENVILLE, Wis.(AP) - A medical helicopter hit by a seagull was diverted to Outagamie County Airport as a precaution. Authorities said the Eagle III helicopter was transporting a patient from Green Bay to Froedtert Memorial Lutheran Hospital in Wauwatosa when the bird hit aircraft Thursday, damaging the wind screen. The helicopter was about five miles from the airport at the time. It landed safely with no injuries to the pilot, patient and two nurses on the craft. The patient was transferred to another helicopter for the rest of the trip. *************** FAA scraps ultra long-range crew rest upgrade The US FAA has rescinded a proposed operations specifications requirement for airlines to provide additional rest for pilots flying ultra long-range flights, those with legs of more than 16h. The change, modelled on a programme Delta Air Lines had developed for its New York JFK to Mumbai route, called for extra rest periods for pilots before and after such flights as well as additional crew sleep areas in some cases. The Atlanta-Mumbai flight, which was abandoned by the carrier in August, takes nearly 18h westbound using the Boeing 777-200LR. While current rest rules require eight hours of rest in any given 24h "look back" period, the ultra long-range rules, based on circadian rhythm science, would have required two days of rest before such a flight and one day after, says a FAA spokeswoman. Airlines rejected the proposal however, arguing in part that FAA must go through a formal rulemaking process rather than modifying operations specifications for such changes in order to collect the most accurate data from the public. Source: Air Transport Intelligence news ************** Industry encourages FAA to define data communications scheme in NextGen Lack of clarity from FAA about the data communications structure of the next generation (NextGen) air traffic control system is a growing concern as the agency moves towards the mid point of the system's development. In a recent employee update FAA outlined avionics necessary for the 2012-2018 mid-term phase of NextGen are ADS-B in/out, data communications and RNAV/RNP. But CEO of the General Aviation Manufacturers Association (GAMA) Peter Bunce said during an 18 March Congressional hearing that "while industry is comfortable with the direction of the performance based navigation and ADS-B programs, the same is not true for the data communications program". Developing the data communications framework requires the transition from an analog voice system to predominantly digital communications. "Data Com," as FAA describes the program, also provides data transmissions directly to pilots and fight management systems to allow for the use of items such as trajectory-based routing to improve efficiency. Data communication tools also enable ground systems to use real-time aircraft data for improved traffic management. Bunce says FAA is working to define the role of data communications in NextGen with limited stakeholder involvement. "We understand the FAA is planning an approach very similar to the ADS-B program where data communications will be contracted to outside service providers," he notes. "GAMA believes the agency should be more public about its plans for the communications component of NextGen." As part of its goals for NextGen in fiscal 2009 FAA says it plans to draft and start validating avionics required for data communications operations. Source: Air Transport Intelligence news *************** EASA still has long way to go: UK CAA chief Five and a half years after the creation of the European Aviation Safety Agency (EASA), the head of the UK CAA is warning that the body still has a long way to go to accomplish its mission. CAA chairman Sir Roy McNulty says the coming of EASA "has been a huge change for an operation like the CAA" and the agency is still "in the middle of extended development". Addressing the UK Aviation Club in Londontoday, McNulty, whose tenure ends this August, said: "Three or four years ago I described EASA as a problem child. Frankly I was being polite. Insufficient time or planning had been given to how to implement this thing." In 2005, he said, it lacked staff and other resources and continued to do so today. McNulty said: "EASA now at last is headed in the right direction. There is still a long way to go. The agency needs to articulate a coherent safety strategy for Europe." It needed to develop a business plan and specify key indicators of success, he claimed. "We need to keep moving forward but to do so in a way that prevents standards slipping. The extension into [regulation of] operations will need to be better managed than what we have seen before. "It is important that UK industry takes the time to consider what is involved and take part." Source: Air Transport Intelligence news **************** Embraer unveils secondary-market fleet support scheme Embraer has identified Latin American carriers Aeromexico Connect and Passaredo Linhas Aereas as being among the first to sign for a new support package for pre-owned aircraft. The scheme, which it calls the Lifetime Programme, is tied with the manufacturer's leasing division ECC and aims to provide a more customised approach to servicing Embraer aircraft in the secondary market. "Many of the airlines we are talking to about our pre-owned aircraft repeatedly highlight that they want an all-encompassing package to assist them - whether it be as a start-up operator or a new type entry to an existing fleet," says ECC managing director Mark Dunnachie. He says the Lifetime Programme, which Embraer unveiled during an event in Moscow, is specially tailored to the manufacturer's aircraft line. Embraer says it has studied ways to support its aircraft as more pre-owned airframes emerge on the open trading markets. It says it identified a requirement for a "distinct package" that would be "offer more" than regular total-support products. Lifetime is a comprehensive arrangement which can be "fully customised", with operators selecting the products and services on offer. Aeromexico Connect, which uses Embraer ERJ-145s as well as 190s, has signed up to the new scheme along with Brazil's Passaredo which is expanding with ERJ-145s. Embraer vice-president for airline market customer support Mauricio Aveiro says: "We are starting to enter new markets - such as Ukraine - where we have found that our customers do not require merely the traditional elements, but a far broader coverage of support services. "We are working hard toward expanding the programme to all regions of the world." Source: Air Transport Intelligence news *************** Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC