Flight Safety Information August 3, 2011 - No. 160 In This Issue Regulators Delay Pilot-Fatigue Rules Stalemate in Senate Leaves 4,000 Out of Work at F.A.A Delhi Police probing 15 cases of fake pilot licence (India) EASA begins the process of implementing SMS rules Boeing completes 787 ETOPS trials OSHA to Probe Death of Airport Worker Regulators Delay Pilot-Fatigue Rules By ANDY PASZTOR (WSJ) Last-minute lobbying of the White House by charter and cargo airlines has delayed-and could jeopardize-new regulations to combat pilot fatigue, according to industry officials. Issuing strict new rules to replace decades-old limits on pilot work hours and rest periods has been a top priority for the Federal Aviation Administration and its chief, Randy Babbitt. Until a few weeks ago, the FAA was on track to release the revamped rules by an Aug. 1 deadline mandated by Congress. But the timing and details of an announcement are now up in the air, industry officials said, following direct appeals last Friday by representatives of charter and cargo carriers to the White House Office of Management and Budget, which is reviewing the proposal. Release of the rules could be weeks or months away, according to industry officials and others familiar with the issues. Many charter and cargo airlines, which under the FAA's proposal would remain subject to the same pilot-fatigue rules as passenger carriers, object to tighter limits on maximum daily work hours and imposition of longer mandatory rest periods. FAA efforts to keep tired pilots out of the cockpit were revved up following the 2009 crash of a Colgan Air turboprop near Buffalo, N.Y., which killed 50 people. Once investigators determined both pilots were sleep-deprived from long commutes on planes before starting work, Congress mandated tougher FAA rules on pilot fatigue and training. Missing the Monday deadline sparked complaints from some safety experts, lawmakers, pilot union leaders and a group representing crash victims. In a statement Tuesday, a spokeswoman said the FAA "is committed to ensuring that airline pilots are fit and rested when they report for duty," and is "working aggressively to complete a new pilot fatigue rule." She declined to elaborate. A Department of Transportation spokeswoman declined to comment, and White House officials have a standing policy of refusing to discuss pending regulations. Announced by the FAA in 2010 and based on advances in sleep research, the proposed package aims to base schedules and rest periods on variables such as time of day, as well as the number of takeoffs and landings pilots are scheduled to make during each work day. The FAA's proposal sought to guarantee pilots at least nine hours of rest between shifts, instead of the eight currently mandated. Maximum work days, including tasks on the ground, generally would be restricted to 13 hours, rather than the current 16-hour limit. But commuter pilots who make multiple landings and takeoffs-particularly late at night or early in the morning-could have that work limit cut to nine hours. Charter and cargo operators, which often fly long routes overnight and don't rely on predictable daily schedules used by nearly all passenger airlines, argue the changes would be expensive and eliminate necessary flexibility to transport commercial goods and even troops for the Pentagon. Some cargo carriers are pushing to be left out of the current regulations, or want the FAA to craft separate restrictions just for them. Stephen Alterman, president of the Cargo Airline Association, said new rules "should be enacted at some point in some fashion." But he said the FAA wanted to stick with "a one size fits all" approach that fails to recognize that cargo carriers depend on "a completely different operating model" than passenger airlines. As part of a stepped-up campaign against the proposal, other cargo-airline officials have enlisted the help of the Pentagon. To appease such concerns, according to industry and government officials, the FAA has reassured charter airlines that they could receive exemptions if the rules ended up adversely affecting flights carrying U.S. troops. A spokesman for the National Air Carrier Association, some of whose members carry troops and military supplies, couldn't immediately be reached for comment on Tuesday. Earlier this year, the association tried but failed to get Congress to exempt such charter flights from pending FAA pilot-fatigue rules. At the time, the group's president said the proposed changes would have a "disastrous" economic impact on nonscheduled carriers, requiring a roughly 40% increase in the number of pilots on their payrolls. In crafting its comprehensive proposal last year, the FAA sought to give airlines greater flexibility to allow pilots more hours on the clock, for example, in case of unexpected weather delays. Other parts of the proposal, envisioned to kick in by 2013, were intended to provide unions additional assurances that carriers would be required to establish realistic schedules for pilots. But from the beginning, representatives of cargo and charter carriers stressed that they weren't happy with the trade-offs, and some privately threatened to eventually file suit against the FAA. The Air Transport Association, whose members account for 90% of U.S. cargo and passenger traffic, has objected to the proposal as overly restrictive and met with White House regulatory officials last week. But ATA also has privately signaled that, with some revisions, it could live with portions of the package, industry officials say. An ATA spokeswoman declined to comment. The largest North American pilot union, a big supporter of the FAA's efforts, on Tuesday issued a statement expressing "serious concern" about what it called the White House's "unacceptable" role in delaying the announcement of the package. Back to Top Stalemate in Senate Leaves 4,000 Out of Work at F.A.A. WASHINGTON (NYT) - After dealing with the debt crisis, Senate negotiators tried and failed on Tuesday to end a stalemate over temporary financing for the Federal Aviation Administration, leaving 4,000 agency employees out of work and relying on airport safety inspectors to continue working without pay. The partial agency shutdown, which began on July 23 and is likely to continue at least through Labor Day, has also idled tens of thousands of construction workers on airport projects around the country. Dozens of airport inspectors have been asked by the F.A.A. to work without pay and to charge their government travel expenses to their personal credit cards to keep airports operating safely. Air traffic controllers and airplane inspectors, who are paid with separate accounts, have continued to work, but workers who oversee research on aviation systems, grants for airports and facilities and operations equipment have been furloughed. If the stalemate continues through Labor Day, the government could lose roughly $1 billion in tax revenues on airline ticket sales. Ray LaHood, the transporta-tion secretary, said he firmly believed that passenger safety was not at risk. "No safety issues will be compromised," Mr. LaHood told reporters on a conference call. "Flying is safe. Air traffic controllers are guiding airplanes. Safety inspectors are on duty and are doing their job. No one needs to worry about safety." The House began its August recess on Monday night, and the Senate followed Tuesday, leaving little hope for a resolution until Congress returns in September. President Obama, in remarks after the Senate's passage of the debt ceiling bill, urged Congress to break the impasse, which he described as "another Washington-inflicted wound on America." The impasse centers on disagreements between Republicans and Democrats over a program that subsidizes commercial air service to rural airports. But behind the scenes, a larger fight has been taking place over federal rules on labor elections in the airline industry. Randy Babbitt, the F.A.A. administrator, said in a conference call with reporters on Tuesday that the agency was depending on the "professionalism" of airport safety inspectors to continue their work without being paid, because their jobs are paid for with money that is awaiting Congressional authorization. Those inspectors are the primary individuals responsible for ensuring that commercial airports comply with federal regulations. They also support runway safety action teams, oversee construction safety plans, investigate runway incursions and ensure that corrective action is taken on safety discrepancies. "The reason they are out on the job is because of the risk to operational safety or life and property," Mr. Babbitt said. "We can neither pay them nor can we compensate them for expenses. We are depending and living on their professionalism at this point." It is unclear how long the inspectors can continue to pay the bills for their own travel and hotel expenses. Typically, each of the roughly 40 regional inspectors travels to up to five airports in each two-week period, F.A.A. officials said. When F.A.A. financing expired last month, the agency also lost the ability to collect taxes on airline tickets. Those taxes amount to about $30 million a day and are paid into a trust fund that pays for much of its operations. The House passed a bill last month that would extend F.A.A. financing through Sept. 16 and allow it to continue collecting the ticket tax. Congress has passed 20 such temporary spending bills over the last four years, in part because it has been unable to agree on a larger, long-term authorization of the agency's budget and capital plans. But the House temporary bill also would end $14 million in subsidies that provided commercial airline service to 16 rural airports. The law was written in a way that appeared to single out for closing airports in the states of prominent Senate Democrats, including the majority leader, Harry Reid of Nevada. Democrats say Republicans are trying to save a few million dollars at the expense of the ticket tax, which would generate roughly $200 million a week. Some of the airport closings were included in a long-term spending bill passed by the Senate in February. But Senate Democrats, including Senator John D. Rockefeller IV of West Virginia who is chairman of the committee with jurisdiction over the F.A.A., objected to their inclusion in what they said should have been a "clean" temporary spending measure. Mr. Rockefeller tried to draft a compromise with Senator Kay Bailey Hutchison, Republican of Texas, that offered to cut $70 million from the rural airport program - several times more than the amount that the Republican bill sought to cut. That effort was blocked by Senator Orrin G. Hatch, Republican of Utah. "We are going to lose $1 billion in the aviation trust fund if we leave this Congress for the month of August and we don't extend the F.A.A.," Ms. Hutchison said. Senator Barbara Boxer, Democrat of California, accused Republicans of "hostage taking" by refusing to approve an F.A.A. spending bill without including the rural air service cuts. Representative John L. Mica, a Florida Republican who is chairman of the House transportation committee, said the rural air cuts were intended to reduce wasteful spending, like the subsidies of more than $3,700 per passenger that paid for air service in Ely, Nev., that benefits fewer than 500 passengers a year. "Those 4,000 F.A.A. employees have been furloughed so some in the Senate can protect their own political pork," Mr. Mica said. Mr. Reid said Republicans were using the rural airport issue as cover for an effort to change a recently instituted federal labor regulation that made it easier for unions to organize at airline companies. The new regulation, instituted by the National Mediation Board, requires an employee vote on labor representation to be approved by a majority of those voting. Previously, the rule required a majority of all affected employees, meaning that employees who failed to vote were counted as "no" votes. Mr. Reid said Republicans were trying to reverse the rule to benefit Delta Air Lines and other companies that have fought against union representation for their workers. A bill passed this year by the House that would grant permanent reauthorization for F.A.A. operations included the labor provision that would change the ruling by the mediation board. Mr. Hatch said the administration and Democrats in Congress were trying to "put their thumb on the scale in favor of big labor." Senate Democrats had hoped that they could quickly pass a temporary spending bill on Tuesday without the rural airport provision, and offer it to the House during the recess. While House members are gone, the House officially reconvenes every few days for a few minutes, a technical move meant to block recess appointments. Senate Democrats maintained that the House, in one of those sessions, could adopt a clean spending bill by unanimous consent. But ultimately they were not able to gather the forces to pass a new bill. Back to Top Delhi Police probing 15 cases of fake pilot licence (India) The Delhi Police is investigating 15 cases in which forged marksheets were used to procure commercial and transport flying licences, the government today said. "Nine cases of Commercial Pilot Licence (CPL) and six cases of Airlines Transport Pilot Licence (ALTP) were found to be procured by submitting fake marksheets. In all the 15 cases, the licences were suspended and cases were handed over to Delhi Police authorities and are under investigation," Civil Aviation Minister Vayalar Ravi told Lok Sabha in a written reply. The Delhi Police arrested 11 pilots, five middlemen and three DGCA officials for their involvement in the irregularity, he said, adding that the DGCA officials were later suspended. He was replying to a question on the action taken against erring pilots, institutes and officials in such cases. After the incident of nose landing of a Indigo airlines' Airbus 320 on January 11, the Directorate General of Civil Aviation scrutinised the examination history of the pilots and detected fake marksheet of the examination conducted by DGCA. "DGCA conducted a drive to check the examination history of 1,704 candidates who were holding ATPL and 6,331 candidates who had got CPL," he said. Fifteen cases of pilots obtaining licence on the basis of forged flying records were also detected by anti-corruption bureau of Rajasthan, Ravi said. The 15 pilots were arrested and their licences have been suspended, he said. http://www.dailypioneer.com/358061/Delhi-Police-probing-15-cases-of-fake-pilot- licence.html Back to Top EASA begins the process of implementing SMS rules The European Aviation Safety Agency (EASA) has formally begun the process of implementing Safety Management System (SMS) regulations. EASA issued the Terms of Reference (TOR) for task number MDM.055 on July 18, 2011. This task anticipates the creation of adequate rules and guidance material to permit EASA to implement a set of SMS rules. The Terms of Reference do not specifically explain to whom the SMS rules created under this project would apply - they merely mention some of the parties to whom ICAO has recommended apply it. This is a more important omission than some people may understand, and it provides EASA with the ability to dynamically change the scope of application as necessary during the course of the rulemaking project without amending the TOR. Under current ICAO recommendations, SMS should apply to air carriers, repair stations, manufacturers and airports. In the United States, the FAA made the decision to create two different SMS rules - one for airports, and then a second one for air carriers that is intended to be later applied to repair stations and manufacturers. EASA has said that it is amending COMMISSION REGULATION (EC) No 2042/2003 of 20 November 2003. This regulation applies to design and production organizations as well as maintenance organizations (but not to air carriers). EASA is clearly leaving itself open to any reasonable implementation strategy. EASA has established its own goals for the task group, as follows: Review the rules and AMC to clearly distinguish between essential safety elements and non-essential implementation aspects; rebalance as necessary (implementing rule to AMC or AMC to implementing rule). Adopt the provisions on processing alternative means of compliance, as proposed with Part-AR and Part-OR (AR.120/OR.120), to enhance transparency and support standardisation. Evaluate the possibility for persons to apply for the approval of such alternative means of compliance, where this is currently not foreseen in Part-AR. Implement in Section A the management system provisions as proposed with Part-OR to ensure compliance with the relevant ICAO standards on SMS. SMS elements shall be fully integrated with the organisations' management system. As part of SMS implementation, review and further develop as appropriate provisions addressing human factors, in particular to provide further guidance on how approved maintenance organisations should take into account human performance limitations, such as maintenance engineer fatigue. Improve consistency in organisation approvals and review the concept of small/large organisation to align with the approach proposed with Part-OR (complex/non-complex organisation, where size is not the only criterion to be considered). Implement in Section B relevant provisions linked with the implementation of an SSP in the framework of the European Aviation Safety Programme (EASP), based on the proposal made with Part-AR. This SMS project will be worked internally within EASA, although EASA has reserved to itself the right to call informal meetings with industry or National Aviation Authorities for additional feedback. This internal project mechanism is consistent with the process recently used by Japan to create its SMS rules for repair stations (they offered the proposed rules for notice and comment but did not otherwise seek input from the international community). It is different from the FAA's approach in the United States - the FAA formed an Aviation Rulemaking Committee (ARC) made up of industry and FAA and took advice from the ARC on how to formulate the air carrier SMS rules. EASA has a very aggressive timetable set for the SMS project. They expect to issue a Notice of Proposed Amendment (NPA) to seek public comment in the second quarter of 2012. http://www.charterx.com/resources/article.aspx?id=8693 Back to Top Boeing completes 787 ETOPS trials Boeing has completed the extended operations (ETOPS) test points portion of its 300h certification systems functionality and reliability (F&R) testing for the Boeing 787 programme. "Now that our planned ETOPS testing is in the books, the team will spend the next few weeks finishing function & reliability (F&R) demonstrations that lead up to initial type certification of the 787 with Rolls-Royce Trent 1000 engines," said Boeing vice president of marketing Randy Tinseth. As of test aircraft ZA001's visit to EAA AirVenture in Oshkosh, Wisconsin on 29 July, Boeing had completed "two-thirds" of F&R testing, said Dan Mooney, vice president of 787-8 development. Airplane Nine, ZA102, a production conforming 787 for launch operator All Nippon Airways (ANA), is being tasked with the ETOPS/F&R trials which first began on 26 June. Many of the ETOPS trials included shutting down one of the two Trent 1000 engines for 345min before landing and simulating a single engine diversion up to the 330min ETOPS requirement. Mooney said that during the extended single engine operations, crews would restart the shut down engine for landing, but fly at idle power and disconnect its power distributing generators to accurately simulate the aircraft behaviour in the event of an engine shutdown. The 787 will initially be certified up to a 180min ETOPS requirement, allowing the aircraft to fly three hours from a suitable diversion airport, with a 330min certification to follow in early 2012 ahead of delivery to United Airlines for its Houston to Auckland route. The second phase of ETOPS approval was necessitated by the FAA which required a software change for displaying low fuel quantity. ZA102 capped its ETOPS trials with a 27 July maximum endurance flight that lasted 18h 7min, the longest in the programme's history, flying from Guam to Hawaii and across the western United States before turning back east over Washington state for a return to Paine Field at the company's Everett, Washington facility. Boeing expects to achieve 787 type certification in late-August, with first delivery to ANA to follow by the end of September. Source: Air Transport Intelligence news Back to Top OSHA to Probe Death of Airport Worker ATLANTA - OSHA inspectors will arrive at Hartsfield-Jackson International Airport later Wednesday hoping to determine why an airport contractor died. For three hours on Tuesday, the contractor was trapped under a hydraulic fork lift in the airport's north cargo facility. Crews worked feverishly to free the worker but their efforts weren't enough to save the man. Airport officials say he died as a result of his injuries. A medical helicopter was standing by at the scene as Atlanta police and fire rescue crews worked to free the man. Officials said he was extricated, but did not survive his injuries. Many rescuers who helped with the efforts were very distraught. Authorities say counselors were called in to assist those who had significant trouble dealing with the situation. The victim has not been identified. It's not clear how he got under the lift. http://www.myfoxatlanta.com/dpp/news/local_news/OSHA-to-Probe-Death-of-Airport- Worker-20110803-am-sd Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC