Flight Safety Information June 10, 2010 - No. 114 In This Issue Delays in anti-pilot fatigue rules criticized FAA Offers Mixed Assessment Of LSA Industry Pilots call for independent evaluation of air traffic safety in Dominican Republic Aircraft runs into tarmac lights (India) FAA To Change Age Retirement Rules For Air Traffic Controllers Airbus: Germany Could Buy As Many As 1,150 New Aircraft Over 20 Years ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Delays in anti-pilot fatigue rules criticized WASHINGTON (AP) - Lawmakers demanded Wednesday that Transportation Secretary Ray LaHood write new rules aimed at preventing pilot fatigue, as he promised to do last year after an airline crash near Buffalo, N.Y., killed 50 people. The top Democratic and Republican members of the House Transportation and Infrastructure Committee and its aviation subcommittee sent LaHood a letter complaining that new rules governing how many consecutive hours airlines can require pilots to work haven't been proposed by the Transportation Department. "Now is the time for DOT to fulfill its obligation to put forward new regulations," the lawmakers said. "The safety of the traveling public is paramount and we urge DOT to follow through on its commitment." LaHood responded to the letter, saying: "Safety is our number one priority and addressing pilot fatigue is a crucial step toward making our skies safer. This rule is under review and we're working as quickly as possible to put forth a proposal." Last June, LaHood and Federal Aviation Administrator Randy Babbitt convened a special committee of airlines and pilots' unions to draft new regulations drawing on modern research on the causes and effects of fatigue. The committee delivered its recommendations to the FAA in September. At that time, Babbitt said the FAA would draft its own proposal and formally publish it before the end of the year. That deadline has been moved back repeatedly. Information published online by the government indicates the FAA submitted a draft proposal to the Transportation Department for review in February. After that review is complete, the draft still faces a review by the Office of Management and Budget. The FAA has set a new target date of Sept. 14 for publication of a proposed rule. Even after it is published, it could be months or years before the proposed rule becomes final - if ever. The National Transportation Safety Board has been recommending for 20 years that the FAA update pilot flight and duty time rules. The FAA proposed new rules in the 1990s, but agency officials were unable to get airlines and pilots' unions to agree on the changes and they never were made final. LaHood and Babbitt convened the fatigue committee in response to the crash of Continental Express Flight 3407 on Feb. 12, 2009. All 49 people on board and a man on the ground were killed. An NTSB investigation found that both pilots were likely suffering from fatigue, although fatigue wasn't a direct cause of the accident. Pilot and air traffic controller fatigue has been cited as a factor in several other airline accidents over the past decade. Federal law requires the FAA to prove that the cost to the airline industry of new rules would be justified by lives saved. The families of those killed in the Flight 3407 crash have made more than two dozen trips to Washington over the past year to lobby for tougher safety regulations, especially new pilot fatigue rules. President Barack Obama met privately with the families on a recent trip to Buffalo. The House and Senate have passed broad aviation bills that each contain provisions requiring the FAA to overhaul pilot fatigue rules. Lawmakers are working on resolving differences between the two bills, which contain an array of other safety provisions as well as provisions on issues as disparate as a new satellite-based air travel control system and airline mergers. The House lawmakers signing the letter were Democrats James Oberstar of Minnesota and Jerry Costello of Illinois, and Republicans John Mica of Florida and Thomas Petri of Wisconsin. Back to Top ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ FAA Offers Mixed Assessment Of LSA Industry Report: Some Areas Need "Minor To Significant Improvement" When it created created the LSA designation in 2004, the FAA took a less hands-on approach to the category, allowing the industry to take more direct responsibility for developing and maintaining standards for design, manufacturing, and continued airworthiness. The industry chose ASTM International to facilitate the development of standards for LSA. In January 2008, the FAA established the LSA Manufacturers Assessment to evaluate the health, state of systems implementation, and compliance of the LSA industry as a whole. Specifically, the goal of the assessment was to gauge current LSA industry manufacturing systems and processes through on-site evaluation, analysis, and reporting under a continuous improvement process, and to provide recommendations to enhance aviation safety. The first assessment was published last month, and it gives the LSA industry mixed reviews. For the purposes of the assessment, The FAA worked with 30 manufacturers, extensions, and distributors. All provided unrestricted access to their LSA facilities. During the interviews the participants were cooperative and willing to answer questions to the best of their ability. The LSA facilities involved significantly contributed to the successful completion of this assessment. The report recommends correcting and improving several different areas of the LSA manufacturing industry and FAA policy and guidance. In its report, the FAA said that many of the companies surveyed during this assessment exhibited exuberance and confidence in their contribution to the LSA industry. The FAA says there is a willingness and desire, regardless of experience level, to build and promote safe LSA. Four areas stood out: Compliance, Conformity, Oversight, and Advisory Material. The FAA says a review of the overall results indicates that a majority of LSA manufacturers could not fully demonstrate their ability to comply with FAA regulatory and policy requirements. The section summaries indicate that the manufacturer's ability to demonstrate compliance varied a great deal. To address that situation, the FAA recommends that the LSA industry should take immediate steps to fully comply with FAA regulatory and policy requirements, and that the industry should establish periodic meetings to work towards full compliance with FAA regulatory and policy requirements. The report indicates that most of the aircraft reviewed during the assessment exhibited deficiencies in the ability to fully meet basic requirements in certain ASTM consensus standards. The FAA recommends that LSA manufacturers should conduct an initial conformity inspection of all first-time-manufactured LSA models, including standards, any regulatory required documentation and records review, along with an SLSA conformity inspection. Airworthiness certificates should not be issued until all issues are resolved. In the area of oversight, the FAA found that many assessed LSA facilities did not fully comply with ASTM consensus standards in the area of continuous oversight. Manufacturers, their extensions and distributors could not show that they adhere to all consensus standard requirements. The FAA said that the industry should continue assessments of LSA manufacturers, extensions, and distributors. And finally, many LSA facilities showed weaknesses in written procedures, knowledge, or experience related to the design, manufacture and continued airworthiness of LSA. The FAA determined that LSA manufacturers need advisory material describing basic elements of manufacturing, design, quality, and continued airworthiness systems. But it also put some of the onus on itself, concluding that FAA should update existing policy (Advisory Circulars and Orders) pertaining to airworthiness certification requirements, registration marking, and designee management. The report concludes that the majority of LSA facilities surveyed could not fully demonstrate their ability to comply with certain consensus standards. The assessment indicates that manufacturers are making statements of compliance for aircraft that may not fully meet certain consensus standards. Some manufacturers have failed to implement widely accepted internal quality control and production procedures that are necessary to assure minimal compliance to the ASTM consensus standards. Many manufacturers also lacked corrective action systems used to address systemic deficiencies. On the distribution side, the FAA said distributors have not developed and implemented manufacturing and quality system procedures for many of the tasks they perform. When distributors perform assembly, inspections, and other functions, they seldom use the manufacturers' procedures, records, or controls. To continue to improve the safety of the LSA industry, the FAA recommends that it: Take immediate steps to fully comply with FAA regulatory and consensus standard requirements. Standardize the continuous airworthiness notification process for all LSA types. Develop training to ensure industry fully understands FAA regulatory and policy requirements, and the methods and means to comply with those requirements. Establish periodic meetings between FAA and industry to work toward full compliance to FAA regulatory and consensus standard requirements. Conduct an initial conformity inspection of all first-time-manufactured LSA models. Continue assessments of manufacturers, extensions, and distributors. Review current accepted consensus standards for adequacy and revise existing standards or create new standards where necessary. For its part, the FAA acknowledges that it should: Update existing policy (Advisory Circulars and Orders) pertaining to airworthiness certification requirements, registration marking, and designee management. Update Designated Airworthiness Representative(s) (DAR) and advisor training. Establish a process to receive safety alerts, directives, and other pertinent information. Continue oversight of the LSA manufacturers to assure compliance with FAA requirements and ASTM consensus standards. FMI: www.faa.gov Back to Top ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Pilots call for independent evaluation of air traffic safety in Dominican Republic SANTO DOMINGO, Dominican Republic (AP)- Dominican pilots are calling for international experts to evaluate the country's air traffic control systems. Pedro Dominguez is chief of the Dominican Association of Pilots. He told reporters Wednesday that his group is urging the government to hire independent experts to analyze threats to flight safety in the tourism-dependent Caribbean nation. Dominguez asserts that local officials have too many economically driven concerns to properly evaulate air traffic safety. In a statement, the Dominican Civil Aviation Institute dismissed the pilots' concerns, saying "security of the Dominican airspace is totally guaranteed." A Dominican air traffic control group says local safety systems were never better. Back to Top ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Aircraft runs into tarmac lights (India) MUMBAI: The main runway at Mumbai airport was shut for operations yet again on Wednesday morning after the runway lights were broken by a departing flight. Delays - almost more than an hour - marred the flight schedules as flyers waited for the airlines to announce boarding. The runway was shut for almost 50 minutes before damage could be remedied and runway made clear for operations. Incidentally, the closure coincided with busiest hour for departing flights at the airport. On Tuesday, the main runway was shut for five hours for emergency reapirs, leading to delays. The main runway (09-27) was shut for operations around 8.10 am to clear glass pieces of lights broken by a departing flight. Officials said that a courier firm's flight to Bangalore hit the runway lights while it was rolling for a take-off. "Apparently, the aircraft was not aligned to the runway central line. While rolling for a take-off at 5.19am, the pilot hit the runway lights towards the left side. In an effort to align it, the pilot ended up swerving the aircraft to the other side, breaking the lights there as well," an airport official said. The matter, however, came to light after the flight landed in Bangalore. This is third occasion in the past one week, where taxiway or runway lights have gone out. "Officials from Bangalore airport found a piece of metal stuck in the wheel and the aircraft fuselage. After that intimation the runway was closed for inspection and clearing up glass pieces of the runway edge lights which were broken as an aircraft had hit them while departing," a Mumbai International Airport Pvt Ltd (MIAL) spokesperson said. "As many as 18 lights were broken," he added. Many airport officials, however, said it could have been likely that the lights were already broken. "An aircraft will suffer damages if it hits 18 lights, located at least two to three metres from each other. Also, runway lights are in use during the early hours of the morning. It is curious that other flights took off despite the lights being broken. No pilot reported either the lack of lights nor the presence of glass pieces on the runway," an official said. http://timesofindia.indiatimes.com/ [http://r20.rs6.net/tn.jsp?et=1103468964816&s=6053&e=001sYb92OmLIOmx_IUtJU8_pB5GWTUUabuL5RqSKafMg7EHFEgRVq0AmPXsbzCWv2Vj_LNsIOIUMsTAO5wx9IdNAOHuAfrbg0h5sSFbmlNf_hDvPwa7kZtT88NDXizHTQ-P] Back to Top [http://r20.rs6.net/tn.jsp?et=1103468964816&s=6053&e=001sYb92OmLIOnbZmcHpmqzLjRCcypHLHLYX74wNY7nyFlRpbanfM2SD9-48Wp6xroCixv1CN5Kr77CP6JLRxzbmZNVVGECfb3_] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ FAA To Change Age Retirement Rules For Air Traffic Controllers June 10, 2010 - The Federal Aviation Administration (FAA) proposes to amend its regulations that would require an air traffic controller to retire at age 56. Under the current policy an air traffic controller must be 18 years of age, the maximum age one can start training is aged 30 and they must retire at 56 years old. However, if someone had previously held an air traffic controller position such as in the military, they may join up to 31 years of age. However, under the current rules an air traffic controller may request an age waver which would allow the air traffic controller to work no longer than 61 years of age if the controller meets the requirements. Under the old rules the air traffic controller was required to certify that he or she was not involved in an operational error (OE), operational deviation (OD), or runway incursion in the past 5 years. Under the new proposal rulemaking, air traffic controller (Air Traffic Control Specialists) in flight service stations, enroute or terminal facilities, and the David J. Hurley Air Traffic Control System Command Center would no longer be required to present a five year certification. The proposed change reflects FAA Order JO 7210.56C, Change 2, which removed any references to employee identification, training record entries, performance management, and return to- duty actions that have been historically tied to reported events. The proposal would streamline the waiver process and bring it into conformance with current FAA OE and OD reporting policy. Background, on January 23, 2004, H.R. 2673, Consolidated Appropriations 2004, became Public Law 108-199. Within the appropriations bill, there was a mandate that ''not later than March 1, 2004, the Secretary of Transportation, in consultation with the Administrator of the Federal Aviation Administration, shall issue final regulations, pursuant to 5 U.S.C. 8335, establishing an exemption process allowing individual Air Traffic Controllers to delay mandatory retirement until the employee reaches no later than 61 years of age.'' On January 7, 2005, the Department of Transportation, Federal Aviation Administration, published the final rule in the Federal Register, 14 CFR Part 65 (Docket No. FAA-2004- 17334; SFAR No. 103, 70 FR 1634). The process for an Air Traffic Control Specialist (ATCS) to request a waiver from the mandatory separation age of 56 is currently contained in SFAR 103 and reflected in the Human Resources Policy Bulletin #35, Waiver Process to Mandatory Separation at Age 56. This policy applies to all ATCSs and their first-level supervisors in flight service, enroute and terminal facilities, and at the David J. Hurley Air Traffic Control System Command Center covered under the mandatory separation provisions of 5 U.S.C. 8335(a) and 8425(a). The regulation, as written, contains information contrary to air traffic policy under amended FAA Order JO 7210.56C, Change 2, and effective July 20, 2009. Specifically, paragraph 5 b.vii of SFAR 103 requires a controller to provide a statement that they have not been involved in an operational error (OE), operational deviation (OD), or runway incursion in the last 5 years while in a control position. This requirement is inconsistent with current air traffic orders developed specifically to foster a safety culture that encourages full and open reporting of safety information and focuses on determining why events occur, rather than placing blame. In support of this safety culture, FAA Order JO 7210.56C, Change 2 removed all references to employee identification, training record entries, performance management, and return to- duty actions that were historically tied to reported OE or OD events. Due to this change in policy, the reporting requirements of SFAR 103 5.b.vii are now unverifiable. Continuing to require the 5 year certification statement in the waiver process serves no useful purpose. Therefore, the FAA is proposing to remove this reporting requirement. http://avstop.com/ Back to Top ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Airbus: Germany Could Buy As Many As 1,150 New Aircraft Over 20 Years Fleet Expected To More Than Double Airlines in Germany will require nearly 1,150 new passenger aircraft above 100 seats and freighters over the next 20 years, according to the latest Airbus Global Market Forecast (GMF). These new aircraft will include some 780 short-haul single-aisle aircraft, more than 280 twin-aisle medium to long-range wide-body aircraft, and around 90 very large aircraft such as the A380. These new aircraft are valued at approximately $144 billion at today's list prices. The main drivers for this investment are the growing demand for air travel and the benefits that can be derived by operating the most modern and eco-efficient fleets. As a result, Germany's aircraft fleet is expected to more than double, growing from over 500 aircraft (of more than 100 seats) in operation at the beginning of 2009 to more than 1,200 by 2028. "In terms of new passenger aircraft deliveries, Germany will rank third in the world," said John Leahy COO Customers, Airbus. "Furthermore, Germany's leading position as a gateway for the world's air travelers will be further enhanced especially with Lufthansa's A380s now joining the fleet." Germany's air travel has achieved 34% growth from 2000 to 2009 despite two of the worst downturns in aviation history. The main growth drivers have been the recovering international traffic from Germany to the Middle East (+180%), emerging markets in China (+117%) and India (+131%), as well as the more traditional markets of North America (+28%) and Asia (+20%). Furthermore, the Airbus GMF predicts that over the next 20 years Western Europe is expected to show an average annual growth rate of 4.4%. Routes to the Middle East (+5.5%), the CIS (+6.0%), Central Europe (+6.7%) and Asia (+4.6%) will be the most important levers for growth. Germany's strong and growing demand for air travel is based on its continued economic development, growing tourism, the emergence of low-cost-carriers and the country's position as a major air transportation gateway. Today Germany is a major gateway for travelers worldwide, enabled by both its airlines and important hub airports. Out of all the 36 European countries, Germany provides the most passenger traffic into the CIS and China, and second into North America, the Middle East, Indian sub-continent and Asia. FMI: www.airbus.com Back to Top ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC