Flight Safety Information May 3, 2011 - No. 089 In This Issue Second Black Box (CVR) Found in Air France Crash FAA Restructures ATC Management As It Evaluates System Safety Head of Cessna Aircraft retires Safety inquiry to lift lid on Tiger Airways troubles (Australia) Writing Safety Rules Could Get Tougher For FAA NTSB Sheds More Light on Southwest Scare EU Aviation Safety Concerns Grow NTSB: Pilots didn't see each other before crash in Boulder Co Belfast airport charges £1 for a pre-flight smoke Aviation industry watch reaction to bin Laden's death UAE Signs "Open Skies" Air Services with Uruguay Korean Air says to spend $1.6 bln for new aircraft purchases Second Black Box Found in Air France Crash PARIS (NYT) - French investigators said Tuesday that they had recovered the second flight recorder or "black box" from an Air France jet that crashed in the mid-Atlantic almost two years ago en route to Paris from Brazil. The discovery of the plane's cockpit voice recorder follows the retrieval on Sunday of the flight data recorder, which contains information on the plane's position, speed, altitude and direction when it experienced difficulties. Both black boxes are due to be placed aboard a French Navy ship that set out for the salvage site on Monday from Cayenne, French Guyana. Because of the remote location of the crash site, 600 miles off the coast of Brazil, transporting the recorders to Paris, where investigators will try to download its contents, will take 8 to 10 days. Both recorders appear from photographs to have suffered little exterior corrosion. But investigators have said that it would be impossible to know before examining them if the memory chips inside had suffered any damage. The Air France flight, en route to Paris from Rio de Janeiro, crashed on June 1, 2009, in a heavy, high-altitude thunderstorm. All 228 passengers and crew members were killed. After three failed searches, a team of oceanographers found the wreckage of the Airbus A330-200 last month, six miles from the plane's last known location. Finding and decrypting the data on the flight recorders gained new urgency after a French judge in March placed both Airbus and Air France under investigation for involuntary manslaughter. Under French law, this is one step short of criminal charges but could lead to a trial. So far, the only information about what happened to the flight is from automated messages that indicated a malfunction of the plane's airspeed sensors. Back to Top FAA Restructures ATC Management As It Evaluates System Safety FAA Administrator Randy Babbitt has appointed three veteran managers to key positions as part of the agency's ongoing review of how the U.S. oversees its air traffic control system. Under the new structure, Walt Cochran, currently head of labor relations, will manage the agency's terminal operations, where he will be responsible for all airport towers and Terminal Radar Approach Control (Tracon) facilities. Chris Metts moves from controlling the western part of the FAA's network to head en route and oceanic operations. Both positions report to the chief operating officer of FAA's Air Traffic Organization, a role currently assigned to General Counsel David Grizzle, while the agency seeks a replacement for the previous incumbent Hank Krakowski, who resigned a few weeks ago in the wake of several embarrassing incidents involving controllers asleep while on duty. This controversy has since widened to other operational areas, and because of one particular incident, the FAA's current deputy air traffic manager at its Chicago center, Glen Martin, has been promoted to air traffic manager at the Cleveland Air Route Traffic Control Center, which controls one of most critical regions in the U.S. air traffic system. "FAA is also assessing key mid-level management positions to ensure that both technical and leadership expectations are being met," the agency says in a statement. "Teams of FAA experts are also examining some of the agency's more complex facilities, including Cleveland and New York centers, in an effort to make certain that operational policies and professional standards are being upheld," it adds, while Babbitt notes, "The FAA's focus is safety. These changes ensure that we have the right people in the right places to help us carry out our mission. "I am confident our top-to-bottom review is making our air traffic system even safer," he adds. That review also includes an independent panel to evaluate the agency's air traffic control training curriculum, qualifications and placement process. On April 29, FAA announced that the panel will include Michael Barr, of the University of Southern California's aviation, safety and security program; Tim Brady, Embry Riddle Aeronautical University; Garth Koleszar, National Air Traffic Control Association (NATCA); Michael New, United Airlines; and Julia Pounds, FAA. The panel will submit a report this fall, says the FAA. NATCA, meanwhile, when asked about the management changes and panel, points to its April 22 call to implement 12 recommendations issued by a joint panel with FAA. Most of the recommendations focus on an awareness program for fatigue and sleep disorders, but also request recuperation periods for controllers while on duty http://www.aviationweek.com/aw/generic/story_generic.jsp?channel=aviationdaily&id=news/avd/2011/05/02/05.xml&headline=FAA%20Restructures%20ATC%20Management%20As%20It%20Evaluates%20System%20Safet y Back to Top Head of Cessna Aircraft retires Jack Pelton has retired as head of Textron's Cessna Aircraft unit and the company said that Scott Donnelly, chief executive of the industrial conglomerate, would run the business until it found a successor. Cessna, one of the world's biggest makers of business jets, slashed its work force and cut costs during the recession as wealthy individuals and corporations stopped buying aircraft and orders from fractional ownership companies dried up. In a statement, Mr Donnelly thanked Mr Pelton for his work at the company since 2000, but on a conference call last month he gave a frank assessment of the unit's performance of late, describing it as "disappointing". "We have taken a number of actions over the past couple of years at Cessna but clearly have more to do. I assure you, we're taking the necessary actions to restore our profitability," Mr Donnelly told analysts. In the first three months of the year, Cessna lost $38m on revenues of $556m. Cessna, which makes everything from golf carts to helicopters, reported net income of $29m on revenues of $2.5bn. In a note to clients, Julian Mitchell of Credit Suisse noted that the timing of the move was surprising given that Cessna will host an analysts' day on May 9. "We think investors will view Mr Pelton's departure in a bad light," Mr Mitchell wrote http://www.ft.com/cms/s/0/7015919c-750e-11e0-a4b7-00144feabdc0.html#axzz1LH3pstlb Back to Top Safety inquiry to lift lid on Tiger Airways troubles (Australia) A Senate inquiry is expected to force Australia's aviation safety watchdog to reveal why Tiger Airways Australia had to "show cause" why it should not lose its licence to fly. The Senate committee, which is investigating airline safety and pilot training standards and is due to hand down its report tomorrow, is expected to exercise its powers to force the Civil Aviation Safety Authority to hand over the "show cause" notice - the March 23 letter that outlines its concerns about the airline. And now, an aircraft maintenance union has accused Tiger of "dodgy" and "unethical" practices after hearing airline crews had been told to turn a "blind eye" to aircraft defects rather than report them - allegations Tiger refutes. Aviation safety crusader Senator Nick Xenophon said the travelling public had the right to know why the safety watchdog had invoked action against the airline. "We're none the wiser and the public ought to know," he said. "[CASA has] an obligation to the thousands of Australians who fly Tiger everyday to give more information about the 'show cause' notice." The committee is also expected to quiz CASA management about why it did not flag its concerns about the airline when the watchdog's chief executive previously appeared before the inquiry, sources suggest. The committee is likely to recall Tiger Airways management to also re-appear before its inquiry. The federal secretary of the Licensed Aircraft Maintenance Engineers Association, Steve Purvinas, said he was not surprised Tiger has come under CASA's notice, as he said he's been told by Tiger cabin crew that they've been told to overlook aircraft items that need fixing. "I've been told by crews that they've been told to turn a blind eye to defects and not record them in the aircraft technical logs," Mr Purvinas said. When pressed whether these items would impinge on the safety of the aircraft, Mr Purvinas said: "From the stories and accounts I've been told, they're airworthiness items." The airline rejected these allegations. "There is absolutely no foundation to this suggestion whatsoever. We continue to report appropriately and cooperate fully with all regulators and with government to ensure full compliance," a Tiger Airways spokeswoman said. A spokesman for CASA said the organisation knew nothing of the maintenance union's claims. "CASA has not received any information from the ALAEA [Australian Licensed Aircraft Engineers Association] in relation to these matters. "Naturally, if CASA is given credible safety-related information it is reviewed and acted upon as appropriate," its spokesman said. The Australian Federation of Air Pilots, which has pilot members who fly for Tiger, admits the pilot union is also in the dark over what CASA found at the airline. The matters could range from the appropriateness of delegations, supervisory staff, the airline's technical library or spare parts records, said the union's industrial relations manager, Lawrie Cox. "We have asked questions [of the airline], but to my knowledge haven't received a response," he said. The question marks over the low-cost airline are likely to delay the Senate committee's report, despite tomorrow's scheduled release date, so that the Tiger troubles can be included. Alternatively, the committee could include Tiger in a supplementary report at a later date. Senator Xenophon said concerns over Tiger warranted further investigation by the inquiry. "It's a relevant issue," he said. "This is something I will raise with the committee," he said "We have already attended and fully cooperated with the inquiry," the airline's spokeswoman said. "Tiger continues to cooperate fully with all its regulators and with government." The aviation safety regulator would await the Senate inquiry's next move. "CASA currently has no information on what actions the Senate Committee may take," its spokesman said. www.smh.com.au/travel/travel-incidents/safety-inquiry-to-lift-lid-on-tiger-airways-troubles-20110503-1e5zf.html#ixzz1LH29IZQN Back to Top Writing Safety Rules Could Get Tougher For FAA (NPR) New airline safety regulations, including long-sought rules aimed at preventing exhausted pilots from flying, will be harder to issue if an industry-backed measure supported by House Republicans becomes law, federal aviation and safety officials are warning Congress. A bill providing authority for Federal Aviation Administration programs that the House passed in March contains an amendment sponsored by Rep. Bill Shuster, R-Pa. It would change the way the FAA goes about making regulations, including requiring an analysis of the effect proposed rules may have on the economy, private markets, productivity, employment and competitiveness. The FAA would also be required to write separate safety rules for different segments of the airline industry - passenger airlines, cargo carriers, charters and others - even though the agency's oft-stated goal is to have "one level of safety" across the aviation industry. A bill passed by the Senate earlier this year doesn't contain a similar provision, setting up a showdown between the two chambers. FAA officials have declined to comment publicly about the Shuster amendment. Privately, the agency has been sending lawmakers who inquire a statement that says it "enshrines in legislation a set of procedural hoops that could have the effect of slowing down rulemaking projects underway and in the future." Also, the amendment's economic analysis requirements "are written in a way that could make it more difficult to quantify what we are required to analyze, which could impact the agency's ongoing effort to achieve one level of safety," according to a copy of the statement obtained by The Associated Press. National Transportation Safety Board Chairman Deborah Hersman said Shuster's amendment "would add complexity to the rulemaking process" and could halt several FAA efforts underway to craft new safety rules in response to the crash of a regional airliner near Buffalo, N.Y., that killed 50 people two years ago, including pilot fatigue regulations. There have been 14 aviation accidents with 263 fatalities since 1993 in which fatigue was cited as the cause or a contributing factor, according to NTSB. Shuster has denied the amendment would affect any rulemaking already in progress. But opponents said they can find nothing in the amendment's nine brief paragraphs that would prevent it from being applied to currently proposed regulations, as well as future ones. "The congressman believes the amendment is clear enough on its face, that it has been drafted in a way that prevents retroactivity," said Shuster spokesman Jeff Urbanchuk. "If someone has a better way to clarify it, we're open to hearing from them." Federal agencies, including the FAA, are already required to conduct an extensive analysis of proposed regulations to determine the cost to industry and how the costs will be justified by the benefits achieved. Often that means estimating how many lives will be saved and assigning them a dollar value. The Shuster amendment would also require FAA to "assess any adverse effects on the efficient functioning of the economy, private markets - including productivity, employment and competitiveness - together with a quantification of such costs." Urbanchuk and officials for the passenger, cargo and nonscheduled airline industries said the amendment is merely an attempt to put into law the intent of an executive order issued by President Barack Obama in January. That order directs all federal agencies to make sure that regulations aren't duplicative, that the public has opportunity to voice their concerns, that the best available means be used to quantify cost and that, where possible, agencies consider ways to reduce the burden of regulations. The presidential order makes no mention of assessing the impact of proposed regulations on the overall economy or private markets. "I'm not sure that it's broader than the president's executive order," said Sharon Pinkerton, a senior vice president at the Air Transport Association. The economy and jobs "are exactly the kinds of issues he's been talking about." But Kevin Kuwik, a spokesman for the families of people killed in the Buffalo air crash, said the amendment is a "sneak attack" on the FAA's proposed pilot fatigue regulations. "It muddies up the process on the front end and, worse, on the back end it gives them a chance to challenge it in court," Kuwik said. Back to Top NTSB Sheds More Light on Southwest Scare Microscope examination revealed fatigue cracks emanating from at least 42 of the 58 rivet holes connected by the fracture in the lap joint of a piece of fuselage from Southwest Flight 812. Misshapen and misaligned rivet holes in parts of the fuselage removed from a Southwest Airlines 737-300 has lent more credence to theories that a manufacturing flaw led to the eventual failure of the lap joint during an April 1 accident in which a five-foot-long tear developed in the roof of the airplane while en route from Phoenix to Sacramento. A rapid depressurization occurred at 34,000 feet, forcing the crew to divert to Yuma, Ariz. Non-destructive eddy current inspections conducted around intact rivets on the removed skin section forward of the actual tear revealed cracks at nine rivet holes in the lower rivet row of the lap joint. An X-ray inspection of the skin located forward of the rupture location revealed gaps between the shank portions of several rivets and the corresponding rivet holes for many rivets associated with the suspect portion of fuselage. Upon removing selected rivets, inspectors found a slight offset in the holes in the upper and lower skin and "many" out-of-round holes on the lower skin. In the tear itself, microscope examination of the fracture faces revealed fatigue cracks coming from at least 42 of the 58 rivet holes connected by the fracture. However, electrical conductivity measurements, hardness tests and X-ray energy dispersive spectroscopy elemental analysis of the skin in the area of the fracture revealed no discrepancies from the specifications required of the aluminum skin. Contacted by AIN for a reaction to the findings, a Boeing spokesman said the company would wait until the NTSB finishes its investigation before addressing the issue directly. "We will not speculate on what the NTSB's initial findings may suggest about the root cause of the April 1 737-300 decompression event, which the investigation will determine in due course," Boeing said in a statement. However, during an April 27 earnings call, Boeing CEO Jim McNerney acknowledged that the early findings suggest a problem with "workmanship" rather than design. Southwest has returned to service all five of the 737s on which it found fatigue cracking following the April 1 "depressurization event." Boeing issued an alert service bulletin on April 4 instructing operators of certain Boeing 737-300s, 400s, and 500s delivered between 1994 and 1996 to inspect the lower row of fasteners along a length of the fuselage for cracking in the lower skin of the lap joint. A day later the FAA issued an emergency AD mandating the inspections in the service bulletin. The NTSB reported last week that 136 airplanes out of some 190 airplanes covered in the AD have undergone inspection, including all U.S.-registered airplanes covered by the directive. Over the course of the inspections, technicians found four airplanes that showed cracking at a single rivet and one airplane with crack indications at two rivets. Those airplanes had accumulated between 40,000 and 45,000 total cycles. http://www.ainonline.com/news/single-news-page/article/ntsb-sheds-more-light-on-southwest-scare-29506/ Back to Top EU Aviation Safety Concerns Grow Shortcomings in German aviation may persist for some time When the European Union upbraids an African country for lax aviation oversight it is, by now, par for the course. When the EU does so with its biggest member state, Germany, that is an entirely different issue. In the latest update of the so-called aviation blacklist, a document through which the EU's Air Safety Committee signals concerns about specific airlines and regulators-and bars some from operating in Europe-the group has taken the unusual step of singling out member states for oversight infractions. In particular, Germany and Spain are coming under fire because ramp inspections have shown an increase in the number of carriers registered in those countries with problems. In the case of both countries, EU officials met with the relevant state organizations-the Federal Aviation Office (LBA) in Germany and AESA in Spain-to discuss the matter. Spanish officials responded by more closely examining several carriers operations and suspending some air operator certificates (AOC), while forcing others, such as Flightline, to implement action plans to address safety concerns. German officials also increased oversight of some airlines, including suspension of AC (Air Charter) Hamburg's AOC. But the EU goes beyond infractions at airlines; it is concerned with failures at the top of the chain. "The root cause analysis of the performance of these air carriers revealed particular weakness in the oversight of these carriers," the EU states in an update to its safety blacklist. It points a finger at "insufficient numbers of qualified personnel within the LBA, thus impacting upon Germany's ability to ensure oversight and limiting the LBA's ability to increase the level of oversight where necessary." The EU's Air Safety Committee reports that the German officials have said "no improvement in the situation would occur in 2011." A review of LBA resources is now under way and that could lead to the situation improving starting next year. The EU also says further meetings are planned with Russia to strengthen cooperation on aviation safety oversight. While the EU's criticism is unusual, the actions are still far less serious than the steps taken in the case of Mozambique, where the safety experts report "significant deficiencies faced by the civil aviation authorities of this country as reported by the International Civil Aviation Organization (ICAO) in the framework of its Universal Safety Oversight Audit." Overall, 77% of ICAO standards were not implemented in the country and "on certain critical elements such as the provision for qualified technical personnel, more than 98% of ICAO standards were not effectively implemented." Mozambique has been trying to rectify safety concerns, but the actions proposed so far have deemed insufficient. This is a blow for LAM-Mozambique Airlines, which wants to expand and initiate a fleet renewal program. The airline should avoid service disruptions, though, since its only flight to Europe is to Lisbon via a code-share arrangement with TAP Air Portugal. The other newcomer to the blacklist is Air Madagascar. The airline's two Boeing 767s have been banned, with the EU citing "persisting deficiencies in their operation and oversight." The problems were unearthed during ramp inspections in France. "The number of findings at [Safety Assessment of Foreign Aircraft] inspection, the repetition of the safety deficiencies and the fact that the situation is deteriorating since 2010 indicate a serious safety concern," the EU notes. But several carriers managed to extricate themselves from the blacklist, including Indonesia's Cardig Air, Republic Express, Asia Link and Air Maleo, and Ukraine's UMAir. And the EU notes that "the authorities of Angola, Cambodia, Kazakhstan and Kyrgyzstan have intensified their efforts to enforce the international safety standards. On this basis, some companies that are no longer engaged in commercial air transport have been taken off the list." Overall, the EU reports that 269 carriers are barred from operating in Europe. In 21 countries, a blanket ban is in place (although there are exceptions, such as in Indonesia). In other cases, specific airlines are blacklisted whereas the country is not, such as Surinam's Blue Wing, Ghana's Meridian Airways and Rwanda's Silverback Cargo Freighters. Some other airlines can operate into the EU with restrictions, including only permitting some aircraft or requiring special inspections. This applies to TAAG Angolan Airlines and Iran Air. http://www.aviationweek.com Back to Top NTSB: Pilots didn't see each other before crash in Boulder Co. DENVER- (AP) A final report from aviation investigators says the pilots of two small planes failed to see each other before they crashed in the air over Colorado last year, killing all three people aboard. One plane was towing a glider at the time of the Feb. 26, 2010, crash. The glider landed safely. A National Transportation Safety Board report released last week says overcast skies and terrain in the background would have made it hard for the pilots to see each other. It also says neither plane may have appeared to be moving to the other. The dead were identified as 25-year-old Alexander Howard Gilmer of Evergreen, the pilot of the tow plane; 58-year-old Robert Matthews of Boulder, piloting the other plane; and his brother, 56-year-old Mark A. Matthews of Englewood. Back to Top Belfast airport charges £1 for a pre-flight smoke Bosses at Belfast International Airport came under fire last night after introducing a £1 charge for smokers who take a puff before they board their flight. The controversial tobacco tax comes less than a year after airport chiefs sparked a storm of protest among frequent flyers by introducing a £1 drop-off fee. Smokers anxious to sneak a last drag before catching their flight will now have to fork out another £1 coin to get their fix. For just over a week smokers passing through the airport have had to pay to enter a specially- constructed addition to the airport building, which has been built to "meet demand". Belfast International Airport is the first to introduce such a charge. Smokers are asked to put a coin into a machine which opens doors to a special smoking area, which passengers access near the main duty free concourse area. But last night bosses at the airport were slammed for introducing the controversial charge. Outgoing Assemblywoman Dawn Purvis, a former smoker, described it as "ridiculous". She said: "I used to smoke before I got on a flight and it used to calm me down. Most people who smoke know, it's going to be a long time before they get another smoke, so they go for a puff before they get on the plane. "I also think they are taking advantage of people's anxiety before they fly because some people have a smoke before they fly to calm them down. It's also an extra charge on people at the airport." The new smoking area consists of a room walled in by a mesh-like construction which allows smokers to be within a secure area of the airport, but exposed to the outside elements. A spokesman for the airport said: "It had to be specially constructed off the side of the building and effectively that allows people to be in a secure area of the airport but still be outside. "Providing a specialist facility is expensive to maintain, so it is not unreasonable that a small charge should be levied." Factfile This is just the latest extra charge flyers are facing at Belfast International. Passengers being dropped off have being paying out £1 for the privilege. And there is the £1 fee for plastic bags to enable passengers to carry a small quantity of liquids. http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/belfast-airport-charges-1-for-a-preflight-smoke-15150149.html#ixzz1LHDyue8b Back to Top Aviation industry watch reaction to bin Laden's death After Osama bin Laden's death, the spectre of revenge attacks has been raised by the United States and closer to home, by the Australian Prime Minister Julia Gillard. Australia has updated its travel advisories, but hasn't raised the nation's terror alert. Travellers have also been warned to be vigilant about personal security. The Pacific Asia Travel Association, based in Sydney says many in the aviation industry are nervously watching reactions around the world. http://www.radioaustralia.net.au/pacbeat/stories/201105/s3206787.htm Back to Top UAE Signs "Open Skies" Air Services with Uruguay Dubai - UAE: The United Arab Emirates represented by the General Civil Aviation Authority (GCAA) has signed an "open skies" air services Memorandum of Understanding (MoU) and initialed an Air Services Agreement (ASA) with the Directorate General of Civil Aviation of Uruguay in Montevideo on 2nd May, 2011. The agreement was initialed by H.E. Saif Mohamed Al Suwaidi, Director General of the UAE General Civil Aviation Authority The two delegations agreed that any number of designated airlines of both parties will have the right to perform scheduled air services. The UAE delegation designated Emirates Airline, Etihad Airways, Air Arabia, RAK Airways and FlyDubai as UAE national airlines under the Agreement. The MoU allows full flexibility on the routes, capacity, number of frequencies and types of aircraft, in any type of service (passenger or cargo). The signed memorandum also includes the exercise of fifth freedom traffic rights. In addition, both parties agreed to allow unrestricted non-scheduled operations between the two countries. http://www.zawya.com/story.cfm/sidZAWYA20110503074341 Back to Top Korean Air says to spend $1.6 bln for new aircraft purchases SEOUL May 3 (Reuters) - Korean Air Lines Co Ltd said on Tuesday that it would spend 1.69 trillion won ($1.6 billion) to buy seven aircraft from Boeing and Airbus. South Korea's flag carrier said in a regulatory filing that it would buy two Boeing B777 and five Airbus A330 passenger planes. ($1 = 1065.950 Korean Won) Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC