04 MAY 2009 _______________________________________ *US legislators seek to block proposed foreign repair station inspections *Flight diverted to Boston after passenger complains of flu-like symptoms *Appeal Denied: NTSB Says FAA 'Short On Proof' In Air Ambulance Cert Revocation *Final: FAA Issues Rule on RNAV Ops in Remote Locations/Mountainous Terrain *Boeing 737 Engine Failure (Sweden) *Questions of safety - Pilot Fatigue *Airlines Seek to Reassure Passengers in Outbreak *British-based Russian artist 'drank liquid soap and scuffled with staff in air rage attack' *Boeing presses forward with 747 upgrades *US Senate readies for Babbitt confirmation hearings **************************************** US legislators seek to block proposed foreign repair station inspections A group of Democrats in the US House of Representatives has banded together to block a portion of the proposed FAA Reauthorization bill that threatens to dissolve a tentative safety bilateral between the EU and US. The section would require twice-yearly inspections of foreign repair stations by FAA staff, along with drug and alcohol testing for individuals performing safety-sensitive functions at those facilities. A key element of bilateral pacts is mutual recognition of standards achieved by the aviation authorities participating in those agreements. If the proponents of the proposed legislation are successful in their efforts, EASA staff would have to conduct inspections of EASA certified stations in the US. Democratic representative John Barrow is circulating a letter around to legislators in the Congress expressing concern over the proposed changes of foreign repair station governance jeopardizing the FAA-EASA safety bilateral. "It's our belief that this provision threatens the 2008 Bilateral Aviation Safety Agreement signed between the United States and Europe, and threatens US jobs tied to the aviation industry," says Barrow. He stresses redundant EASA inspections of US-based facilities would cause certification and oversight fees to rise from an EASA-estimated amount of €900,000 (US$1.2 million) annually to €29 million (US$38 million). EASA also lacks the necessary staff to complete the inspections of US stations, "which will lead to the loss of EASA certification at many of the 1,237 domestic [US] facilities currently certificated". The number of EASA facilities in the US compares with 425 FAA-certified stations in Europe. "Either of these outcomes will make it much more difficult, if not impossible, for many of the industry's small businesses to remain competitive in today's troubled aviation marketplace," Barrow warns. Eight other Democratic legislators co-signed Barrow's letter. But their fellow Democrat Senator Claire McCaskill in 2008 tried to push through similar stand-alone legislation requiring the twice-yearly inspections. She is now a member of the Senate aviation subcommittee, which is part of the larger Commerce Committee. Source: Air Transport Intelligence news ************** Flight diverted to Boston after passenger complains of flu-like symptoms A United Airlines flight from Munich to Washington made a two-hour stop at Logan International Airport this afternoon so a female passenger who had complained of flu-like symptoms could be removed and taken to a hospital for treatment. Flight 903, a Boeing 777 with 245 passengers and 14 crewmembers aboard, landed at 1:46 p.m. and resumed its journey at 3:45 p.m. after the passenger had been taken by ambulance to Massachusetts General Hospital. A hospital spokeswoman said the woman had been treated and released from the hospital by late afternoon. Rahsaan Johnson, a United Airlines spokesman, said the woman had reported symptoms that were "indicative of the flu or severe cold." He said the flight crew radioed for advice to a United medical team and were advised to get her immediate medical treatment. Local television stations broadcast footage of a woman wearing a blue mask being led off the plane by emergency personnel. The incident happened at a time of worldwide concern about the spread of the swine flu. But Johnson said the diversion was for the woman's health and safety. "In this case, the medical professionals thought that she should get immediate care," he said. Asked whether there was any chance that the woman could have infected others on the plane, Johnson had no comment. Asked if officials were concerned about the possibility, he said, "There is never a time that we're not concerned with the health of all of our customers." "Based on what the crew knew of this customer's symptoms and based on what United [ground-based medical experts] knew, we thought taking the plane to Boston was the best course of action," he said. http://www.boston.com/news/local/breaking_news/2009/05/flight_diverted_1.html ************** Appeal Denied: NTSB Says FAA 'Short On Proof' In Air Ambulance Cert Revocation The defense attorney for an Air Ambulance company is reporting that the NTSB, on April 22, 2009, denied an appeal by the FAA and affirmed the initial decision of Administrative Law Judge William A. Pope, II, modifying an emergency order. The FAA sought revocation of the air carrier certificate held by Air Trek, Inc., an air ambulance operator based in Punta Gorda, Florida. Air Trek, an experienced company that had a lot going for and against it... including a number of high-profile accidents, as well as some folks bound and determned to see them blamed for it, has been grounded for nearly a year. Since May 24, 2008, when the FAA first issued an emergency order indefinitely suspending its certificate, the company has been awaiting trhw abillty to prove that that is is in compliance with the FARs. On June 10, 2008, the FAA withdrew its suspension order and issued an order of revocation instead. Prior to the revocation, Air Trek had been in operation for thirty years with no history of violation. The revocation order initially contained 38 factual allegations and 14 regulatory violations. At the outset of the 9-day hearing, the FAA withdrew 7 factual allegations and 2 regulatory violations. By the fourth day of the hearing, the FAA withdrew most of the remaining factual allegations and 9 of the 14 violations. According to the NTSB, the FAA's attorney "almost immediately began experiencing difficulties in presenting his case." In denying the Agency's appeal, the NTSB stated that the FAA's brief was "long on argument and short on proof." Accordingly, the NTSB affirmed the law judge's decision modifying the revocation order to an indefinite suspension, until such time that Air Trek can satisfy the FAA that it can safely fulfill all responsibilities of its air carrier certificate. The NTSB stated, "we do not find that the Administrator has established sufficient support for the complaint's allegation regarding lack of qualifications, as well as other allegations that the law judge dismissed." In conclusion, the NTSB ordered the FAA and Air Trek to "work together in good faith, as expeditiously as practical," in order to resolve the FAA's concerns and demonstrate that Air Trek can properly operate in accordance with its certificate and regulatory requirements. As of April 30, 2009, the FAA has not yet established a schedule for Air Trek to demonstrate compliance. Air Trek was represented by Gregory S. Winton, Esq. of Aviation Law Experts, LLC, along with co-counsel, Darol H.M. Carr, Esq. of the Farr Law Firm. According to Winton, "although the revocation order did not survive, Air Trek has been grounded for almost one year and has lost millions of dollars in revenue. Nevertheless, Air Trek is ready, willing, and able to immediately demonstrate that it can properly operate in accordance with its operating certificate and regulatory requirements." In the meantime, Winton will apply for reimbursement of attorney fees and expenses on behalf of his client pursuant to the Equal Access to Justice Act (EAJA). FMI www.medjets.com/ aero-news.net **************** Final: FAA Issues Rule on RNAV Ops in Remote Locations/Mountainous Terrain The Helicopter Association International is circulating word about the publication of a final rule and is seeking comments regarding RNAV Ops in the boonies -- despite the fact that the rule, at this point, is a done deal. The FAA's issuance of a final rule amends the regulations to allow the use of published Obstacle Departure Procedures (ODP) or an alternative procedure or route assigned by Air Traffic Control (ATC). The final rule amends the requirements to facilitate compliance and accurately reflect operating conditions in areas in which the terrain impedes communications. The final rule also amended the communication and navigation equipment requirements for aircraft operations under Visual Flight Rules (VFR). The FAA determined that compliance with the new communications requirements may not be possible in remote locations and areas of mountainous terrain. This final rule is adopted without prior notice and public comment, but the public may comment prior to the effective date of the rule. This amendment becomes effective June 30, 2009. Commends must be received by June 1, 2009 and should be identified by Docket Number FAA-2002-14002. To submit online, go to http://www.regulations.gov and follow the instructions for sending your comments. To mail, send comments to Docket Operations, M-30, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington DC 20590. To fax, send comments to Docket Operations at 202-493-2251. FMI: www.hai.org, http://www3.verticalgateway.com/portals/12/rotornews/May%2009/74%20FR%2020202.pdf aero-news.net **************** Boeing 737 Engine Failure (Sweden) Date: 02-MAY-2009 Time: Type: Boeing 737-683 Operator: SAS Scandinavian Airlines Registration: LN-RCU C/n / msn: 30190-335 Fatalities: Fatalities: 0 / Occupants: 128 Airplane damage: None Location: Gothenburg Landsvetter - GOT - Sweden Phase: Initial climb Nature: International Scheduled Passenger Departure airport: Copenhagen - CPH Destination airport: Oslo Gardemoen - OSL Narrative: The flight BU-1452 suffered the failure of the right hand engine while climbing to cruise level above FL140. The airplane diverted to Gothenburg for a safe landing about 30 minutes after takeoff. The passengers reported, that the right engine shook the whole airplane and produced strong vibrations before it was shut down. Sources: http://avherald.com/h?article=41900ea8&opt=256 (aviation-safety.net) *************** Questions of safety: EMIRATES pilots are telling the Sunday Herald Sun that fatigue is a problem within the airline. Further, they believe that fatigue might have played a role in the EK407 tail-strike accident at Melbourne Airport on March 20. Three current Emirates pilots, speaking after the release of the preliminary report into the near catastrophe, have spoken to this newspaper in the past few days. They have directly contradicted the airline's claims that its pilots are not flying fatigued. "When people are tired these mistakes happen - there is more chance that errors will be made," said one pilot. "There is a huge issue with fatigue." A second Emirates pilot said: "They're working us like dogs. If there is going to be a fatigue-related accident it is probably going to be an Emirates plane." A third Emirates pilot said that internal reports examining air safety and fatigue were not being taken seriously by management. In releasing the preliminary report last week into the near-tragedy, the Australian Transport Safety Bureau's director of aviation safety investigation, Julian Walsh, said the crew's work patterns were being looked at, but concluded: "Having said that, the information we have received from the crews through interviews plus other evidence, at this stage, is not indicating to any problem with fatigue." Emirates executives were at pains to reject the possibility that fatigue played a part in the incident at Melbourne Airport. In a letter sent to the Sunday Herald Sun yesterday, Emirates flight operations senior vice president, Captain Alan Stealey, said the airline closely monitored its crews for fatigue. "Emirates is confident that pilot fatigue had no role to play in the March 20 event." Last week, the Sunday Herald Sun - using impeccable sources - revealed that the pilot of EK407 was on the brink of reaching his 100-hour flying limit in a month. Our front page report, headlined SLEEPLESS PILOT, and again based on impeccable sources, also revealed that the pilot had barely slept in the 24 hours before the incident. The ATSB's report confirmed that the pilot had, in fact, reached 98.9 hours in the preceding 30 days. The ATSB preliminary report has found a wrong load calculation entered into the plane's computer caused it to take off without enough speed. As a result, EK407's tail struck the tarmac three times before the jet managed to just take-off, dump fuel over Port Phillip Bay and, thanks to some skilful flying, return 257 passengers safely to the ground. Emirates pilots say at the heart of the problems within the airline is a "punitive culture" that spies on pilots and renders them too scared to speak up on safety matters for fear of being sacked. One of the three Emirates pilots interviewed this week was scathing of the airline's management style. "They report anyone for anything. You get a phone call and are called into the office," he said. Clearly something is not right within Emirates. One Emirates source has described the culture as a "very bad cocktail". The ATSB must see through the airline spin and listen to the concerns of the pilots. Perhaps the time has come for authorities to take a broader look at Emirates and not simply limit their inquiry to the March 20 tail strike. The pilots are, after all, the people who are directly responsible for the lives of hundreds of people every time they walk into the cockpit. http://www.news.com.au/heraldsun/story/0,21985,25419138-24218,00.html **************** Airlines Seek to Reassure Passengers in Outbreak A nearly vacant American Airlines flight from Miami to Mexico City last week. PARIS — Lufthansa has placed a doctor on board each of its flights to Mexico; American Airlines has issued medical kits to cabin crews; British Airways is distributing face masks; and Alaska Airways is removing pillows as fears of a flu pandemic rattle the global aviation industry. Would an airline need to take special precautions to make you feel safe during the Swine Flu Outbreak? The last thing needed by an industry that was already spiraling toward a $4.7 billion loss this year, according to the International Air Transport Association, was another health scare like the SARS, or severe acute respiratory syndrome, virus or the avian flu outbreaks that have hit airlines in the past 12 years. So carriers are doing their utmost to reassure passengers that in the absence of travel restrictions by the World Health Organization, air travel is still safe, while accommodating those who may not wish to fly. So far, cancellations have been minimal, European airlines say, though the situation is more complicated in the Americas. An industry that has learned the lessons of previous epidemics — the avian flu crises in 1997 and 2004 and the outbreak of SARS in 2003 — is better prepared this time around, while improved communication on the progress of the disease means that travelers are less inclined to panic, the air transport group said. “It was a much more hysterical situation then than we’re seeing now,” Tony Concil, a spokesman for the group, said, recalling the SARS crisis of 2003, when information about the disease was patchy. Traffic to Asia fell 50 percent, and about 24 percent worldwide, in the three months ending in May that year. “In the SARS crisis we had countries saying ‘We won’t fly to Asia,’ and countries with no SARS cases were impacted,” Mr. Concil said. Still, Giovanni Bisignani, the association’s chief executive, warned last week that the timing of the swine influenza outbreak “could not be worse” for an industry already wound tight by a shrinking economy that had sent passenger demand into a nose dive. It was too soon, he said, to measure the fallout. Air Canada has canceled all its flights to three destinations in Mexico until June 1. Continental Airlines, the biggest U.S. carrier that flies to Mexico, said it would temporarily cut its capacity there by 40 percent. American Airlines said it was watching demand in response to the outbreak, officially known as influenza A(H1N1). Cuba, Ecuador and Argentina temporarily suspended flights to Mexico, while Alaska Airways said it was removing blankets and pillows from all its planes. In Asia, Cathay Pacific, the biggest carrier in Hong Kong, said it would allow cabin staff members to wear face masks at work, reversing a previous decision. China has suspended flights from Mexico to Shanghai, Xinhua, the official Chinese news agency, said Saturday. In Europe, a French travel agency association, the British tour operator Thomas Cook and charter companies like the German-owned First Choice and Thomson have withdrawn their Mexican vacation offerings. But the European Commission said last week that it did not have the authority to ban flights to Mexico. Lufthansa, which has one daily flight to Mexico, has mobilized half of its 60 staff doctors, placing one on board each of its flights there. “The doctor is there to answer passenger questions and to identify suspicions of flu during flight and to act to handle the situation before landing,” said Thomas Jachnow, a Lufthansa spokesman in Frankfurt. Communication among the health authorities, the airlines and the airports has greatly improved from five years ago, he added: “We learned the lessons from SARS and from bird flu.” Richard Hedges, a spokesman in London for American Airlines, said the airline had issued to cabin crews health kits consisting of masks, gloves and medical equipment. British Airways, with four flights a week to Mexico, is distributing face masks to passengers so they can comply with a Mexican request for passengers to cover their faces as they go through Mexican airports. Although reservations on the British flights are holding up “pretty well,” according to Paul Marston, a spokesman, like many airlines it is also offering nervous passengers alternative dates and destinations, like Antigua. The airline group, known as I.A.T.A., has reissued its health guidelines to airlines. They range from advising maintenance crews how to clean air filters safely to instructing cabin crews on how to isolate ill passengers. Aircraft since the Boeing 747 have air filter systems that work vertically, in sections five rows wide, rather than down the length of the cabin. Some European airlines are facing cancellations nonetheless. Air France-KLM, the biggest carrier in Europe, has 10 flights a week to Mexico and an additional 7 through its codeshare partner Aeroméxico. While flights are operating normally, Air France-KLM is feeling the impact of a decision Wednesday by the French travel agent association SNAV to halt all group travel to Mexico this month. “We are seeing some departures canceled,” said an Air France spokesman, Nicolas Petteau. An official from Aéroports de Paris, which manages Roissy-Charles de Gaulle and Orly airports, said that baggage handlers frightened of contagion refused to unload bags from a Corsair flight arriving Saturday from Cancún, Mexico, and roughly 10 other flights from Spain that may have carried transit passengers from Mexico. Passengers on flights that arrived as of 5 p.m. at Orly airport waited for up to two hours for their luggage, which was finally unloaded by airport staff including supervisors and check-in line managers, said the official, who declined to be identified and was not authorized to speak to the media on behalf of A.D.P. “One of our doctors came and told them there was no risk of contamination, and we suggested they could wear masks and gloves to unload the bags, but they maintained their position,” the official said. The baggage handlers returned to work Sunday, unloading flights from Spain. The next flight from Mexico was to arrive Monday. Mr. Jachnow said Lufthansa had experienced few cancellations so far; its return fights, meanwhile, were full. “We are in a state of nearly normal operations and only a couple of passengers have asked for rebooking,” he said. Singapore Airlines is allowing free itinerary changes worldwide. Mr. Hedges, the spokesman for American Airlines, said that the airline had activated its “storm policy” for passengers flying to Mexico, allowing them to change routes or dates without charge. As the second-biggest U.S. carrier flying to Mexico, after Continental, American was “reviewing demand levels on a constant basis,” Mr. Hedges said Friday. Continental, with a total of 450 flights a week to 29 cities in Mexico, said Friday that it would continue flying to those destinations but would use smaller aircraft. The reductions will shrink the airline’s overall capacity by 2 percent. Xinhua reported Sunday that 68 passengers and crew members on the same Shanghai-bound flight as a 25-year-old Mexican man later diagnosed with the A(H1N1) flu had been located and placed in quarantine in Shanghai. None have displayed any flu symptoms, Xinhua said. The Mexican flew into Shanghai on Aeroméxico flight 098 and then to Hong Kong on China Eastern Airlines flight MU505, where he was being treated. In Hong Kong, officials were tracing the passengers of the Hong Kong leg. About 200 guests and 100 workers at the Hong Kong hotel where he stayed have been confined to the premises for a week, Reuters reported from Beijing. http://www.nytimes.com/2009/05/04/business/global/04iht-air.html?_r=1&pagewanted=2&ref=global-home *************** British-based Russian artist 'drank liquid soap and scuffled with staff in air rage attack' Arrested: Galina Rusanova is accused of punching and kicking flight attendants A respected Russian artist was arrested after mixing wine and prescription drugs before allegedly drinking liquid soap and attacking flight attendants on a trans-Atlantic flight. British-based Galina Rusanova is accused of of punching and kicking flight attendants and - at one point - 'snapping like a dog' while trying to bite a crew member's leg. Rusanova appeared at court in Bangor, Maine, on Friday, charged with assault and interference with a flight crew. She will remain in custody before a detention hearing in a US district court on Monday. According to the FBI, Rusanova went to Los Angeles to visit a man she me on the internet and was returning to London on Wednesday when her flight was diverted to Bangor. The 54-year-old is known in Britain as a respected artist, actress and author who mixes with the rich and famous at London society and charity events. According to court documents, after her arrest she spent the night at Eastern Maine Medical Center for observation and is said to have told FBI agents: 'It's typical of me. I sometimes do crazy things.' The trouble is thought to have started three hours into the United Airlines flight. Court reports claim she seemed very intoxicated, found it hard to get into her seat and kicked the seat in front. Rusanova allegedly fell asleep but then began bothering other passengers, moving around the cabin and speaking incoherently when she awoke. She is then accused of drinking a bottle of liquid hand soap from a lavatory on the plane as a flight attendant looked on, according to the documents. Liquid soap is sometimes consumed for its alcohol content. When a crew member asked her to go back to her seat, Rusanova is said to have waved her arms. According to the documents, the attendant tried to control her by putting her arms around her, and then moved her to the plane's galley. As other staff and a passenger tried to calm her down, Rusanova allegedly assaulted them. She was then handcuffed to a crew member's seat at the back of the passenger compartment, the documents said. Air rage? Trouble started brewing three hours in to the United Airlines flight Rusanova told FBI agents after her arrests that she took prescription pills and drank wine because she has a fear of flying. She claimed that she took sleeping pills and an antidepressant and drank two or three small bottles of red wine once on board the plane. She remembered talking about the seating and the quality of the wine but little else, the documents state. She told US Magistrate, Judge Margaret Kravchuk, that she lived on disability allowance in the UK. Rusanova did not enter a plea on Friday. She will probably be held without bail until the case is resolved. Rusanova has been based in Britain for 20 years and began painting seven years ago. Her work has sold widely in London. A friend told the Sunday Telegraph that she was known to meet up with men she had met over the internet. There was no reply at her north west London home when the newspaper visited yesterday. A spokeswoman for the Foreign and Commonwealth Office said: 'We are aware of this woman's arrest and we are providing consular assistance.' http://www.dailymail.co.uk/news/article-1176780/British-based-Russian-artist-drank-liquid-soap-scuffled-staff-air-rage-attack.html *************** Boeing presses forward with 747 upgrades Despite programme delays Boeing is pushing forward with 747 upgrades to support delivery of the first freighter aircraft in the second half of 2010. The airframer says it has three forward fuselages in various stages of integration, and the forward section 41 of the first 747-8 Freighter is farthest along as the aircraft approaches commencement of the final assembly process. The 747 line is home to mostly 787s as of late, with the final 747-400F closest to the door in the slant position. Further into the factory, the fatigue test 787 and third test flight aircraft are being competed. While these aircraft are occupying the line, section 41 for the first 747-8F slated for delivery to Luxembourg's Cargolux, is being held two bays down in Building 40-23. Boeing has parts for four sets of wings in work as well, with the port wing of the first aircraft currently being sealed and tested, while the starboard wing was being completed. Boeing plans to build three 747-8F aircraft to support the flight test programme, which is set to begin in the fourth quarter. First delivery is scheduled for the third quarter of 2010. For the passenger version of its new jumbo, Boeing will build two 747-8I aircraft to support certification. The airframer announced 27 April that it had reached the 25% design release milestone for the aircraft. A Boeing spokesperson said on 30 April that the company expects to be at 90% design release by the end of 2009. Boeing announced a further delay to the 747-8I program on 22 April, citing softening cargo demand and the subsequent postponement of a planned production ramp up of the new jumbo. The second programme delay, pushed the aircraft's entry into service with a Middle Eastern VIP customer three-to-six months into the fourth quarter of 2011. Source: Air Transport Intelligence news **************** US Senate readies for Babbitt confirmation hearings Confirmation hearings for US President Barack Obama's nominee for FAA administrator Randy Babbitt are likely to occur next month. In a regular update to employees the COO of FAA's air traffic organization Hank Krakowski said the hearings should happen in mid-to-late May. "Assuming he is confirmed", Krakowski says Babbitt could assume his new position in early June. One of Babbitt's first tasks is to resolve a long-standing dispute between the National Air Traffic Controllers Association (NATCA) and the agency. NATCA has been lobbying to re-open contract talks since 2006 after FAA took advantage of an existing law to impose the agency's contract on the union. During a speech today at a joint meeting of the New York Wings Club and the Washington DC Aero Club, DOT Secretary Ray LaHood said that former FAA Administrator Jane Garvey has agreed to oversee mediators assigned to resolve the contract issues between the agency and NATCA. Krakowski, meanwhile, says he imagines activity around resolution of the conflict "will accelerate once Randy gets in position". A former pilot and head of the Air Line Pilots Association (ALPA), Babbitt also served on an independent review panel established by DOT last year to review FAA's safety oversight after a highly-publicised lapse of airworthiness directive compliance at Southwest Airlines. Source: Air Transport Intelligence news ************** Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC