Flight Safety Information December 22, 2011 - No. 258 In This Issue Battery-Fire Crashes Seen Every Other Year as U.S. Rules Fought Medallion Foundation Program Credited for Reducing Aviation Accidents Pilot Reported Ice Before Crash This Overrunning Boeing 737 Got Stopped Safely By Concrete Aviation fuel scandal signposts danger to air safety (Nigeria) Honda Adds Third Test Aircraft NTSB chief laments omission of cargo planes in FAA pilot fatigue rules Helicopter clips power line, makes emergency landing near I-81 (Tennessee) N.Y. man sues airlines in 2009 plane attack Europe's Overreach on Plane Emissions Won't Clean the Sky Battery-Fire Crashes Seen Every Other Year as U.S. Rules Fought By Alan Levin A United Parcel Service Inc. Boeing DC-8 that was destroyed by fire on Feb. 7, 2006, in Philadelphia contained "numerous" lithium batteries in computers and other devices, a National Transportation Safety Board investigation found. Dec. 21 (Bloomberg) -- Batteries used in mobile phones and laptop computers, which can spontaneously combust, will destroy an average of one U.S.-registered cargo jet every other year, a government analysis has concluded. Shipments of lithium batteries that size have been linked to two U.S. cargo-jet accidents since 2006. The batteries aren't presently treated as hazardous and Congress is debating whether to exempt them from stricter rules. Lizzie O'Leary reports on Bloomberg Television's "InsideTrack." (Source: Bloomberg) Smoke rises from the the crash scene of a UPS Boeing 747-400 plane at a military base in Dubai, late on September 3, 2010. The Boeing 747-400 caught fire shortly after take- off and crashed, killing both crew members. Batteries used in mobile phones and laptop computers, which can spontaneously combust, will destroy an average of one U.S.-registered cargo jet every other year, a government analysis has concluded. Shipments of lithium batteries have been suspected of contributing to two U.S. cargo-jet accidents since 2006. They aren't treated as hazardous, and the U.S. Congress is debating whether to exempt them from stricter rules. Projected growth in battery production increases the odds of fires, the study by U.S., Canadian and U.K. researchers found. "It's like a fireworks display," Jerry Back, senior fire protection engineer at Hughes Associates Inc. in Baltimore, said about burning batteries in an interview. The firm conducts fire research for government and private clients. "They explode," Back said. "They shoot fireballs. They emit smoke. Sometimes they spray flaming liquid." The study, commissioned in part by the U.S. Federal Aviation Administration, was released as government investigators are trying to determine why the lithium battery on a General Motors Co. (GM) Chevrolet Volt car caught fire following a crash test in May. The U.S. Pipeline and Hazardous Materials Safety Administration in January 2010 proposed stricter rules for handling airborne battery shipments. The rules remain under review at the U.S. Department of Transportation. The Republican-controlled House earlier this year voted to block the rules. The Democratic-controlled Senate hasn't acted on the measure. Costs Disputed Manufacturers including Apple Inc. (AAPL) and Panasonic Corp. (6752) say additional regulation would cost them $1.1 billion a year and isn't warranted, according to PRBA- The Rechargeable Battery Association, a Washington-based trade association. The hazardous materials administration estimated the cost of its rule at $70.2 million over 10 years. "We have to take seriously this risk and we have to take seriously the way in which we package and transport these materials," Lee Collins, executive vice president of the Coalition of Airline Pilots Associations, a Washington-based group representing five pilot unions, said in an interview. The crash-risk analysis, which was posted on the FAA's website in September without publicity, highlights the dangers of some types of lithium batteries as cargo on passenger planes, Russ Leighton, safety coordinator for the Teamsters Airline Division, said in an interview. The Teamsters represent pilots at Atlas Air Worldwide Holdings (AAWW)' Atlas Air Inc. and ABX Air Inc. Passenger Plane Incidents Rechargeable lithium batteries can be carried as cargo in passenger planes. Non-rechargeable lithium batteries, which are made differently and resist halon extinguishers, were banned as cargo in passenger planes in 2004. That type of battery is used in hearing aids, garage-door openers and small electronic devices. Since then, there have been 17 reported fire incidents with lithium batteries of both types on passenger planes, all but one involving passengers who carried the batteries or packed them in luggage, according to the FAA. The agency in 2008 barred passengers from carrying spare lithium batteries in checked luggage. Last year it recommended to passenger airlines that battery shipments be placed in areas with fire-suppression systems. Philadelphia, Dubai A United Parcel Service Inc. (UPS) Boeing (BA) DC-8 that was destroyed by fire on Feb. 7, 2006, in Philadelphia contained "numerous" lithium batteries in computers and other devices, a National Transportation Safety Board investigation found. The three crew members escaped as flames engulfed the jet shortly after landing. The safety board said it couldn't identify the cause of the fire. The investigation focused on batteries. On Sept. 3, 2010, fire broke out on a UPS Boeing 747-400 jetliner 22 minutes after it left Dubai. The plane, which crashed at a military base, was carrying more than 81,000 lithium batteries, according to a report by the General Civil Aviation Authority of the United Arab Emirates. Both pilots died. Lithium batteries burn so hot that if one in a shipment catches fire it will ignite the others, research at the FAA's fire safety branch in Atlantic City, New Jersey, has shown. Both types of lithium batteries will continue burning after being blanketed by halon fire- suppression systems, according to the FAA research. The halon can prevent fires involving rechargeable batteries from spreading to adjacent cargo. It can't stop the spread of non-rechargeable battery fires, according to the research. UPS Challenges Findings UPS disputes the study's prediction of more accidents, because there's no proof the fires on its jets started in batteries, Mike Mangeot, a UPS spokesman, said in an e-mailed statement. More research must be done before adopting stricter rules, Mangeot said. The rechargeable battery association agrees, George Kerchner, its executive director, said in an interview. The group represents Apple, Panasonic and tool-maker Stanley Black & Decker Inc. (SWK) The group opposes the hazardous materials administration's proposal to require better testing of battery safety and improved packaging to prevent short-circuiting. The House provision, approved as part of a bill setting policy guidelines for the FAA, prohibits any rules stricter than those set by the United Nations. House and Senate negotiators haven't yet reached agreement on the FAA bill. Shippers Blamed In a June 17 letter to Transportation Secretary Ray LaHood, airlines, battery manufacturers and electronics firms urged officials to strictly enforce the UN guidelines on safe manufacturing and testing of batteries. "The failure of some shippers to comply with these requirements has been the root cause of virtually all of reported air cargo transport incidents," the letter said. The letter was written by Kerchner's group and others including Airlines for America, the Washington trade group representing the largest U.S. carriers; the Consumer Electronics Association, the Arlington, Virginia-based association whose members include Apple and Microsoft Corp. (MSFT); and the U.S. Chamber of Commerce, the largest U.S. business- advocacy group. Production of lithium-battery cells grew from 625 million in 2000 to 4.4 billion in 2010, according to the study, which was completed in September. The total is expected to almost double by 2020, reaching about 8 billion, it said. About half of lithium batteries are shipped on U.S. aircraft, the report said. 'Time Bomb' As a result of that growth, statistical models predicted that there would be 4.5 accidents due to lithium-battery fires from 2011 to 2020, the report said. Battery-related accidents are projected to cost $395 million during the decade, the study said. The report was commissioned by the FAA, Transport Canada and England's Civil Aviation Authority after last year's Dubai crash. It says that lithium batteries "likely contributed" to that incident and the one in Philadelphia in 2006. The study projected accidents only for U.S. cargo carriers. An Asiana Airlines Inc. (020560) cargo 747-400 flying from Seoul to Shanghai crashed into the East China Sea on Sept. 28 after the crew reported a fire on board. The jet's cargo included lithium batteries, according to South Korea's Ministry of Land, Transport and Maritime Affairs. The report shows the need for stronger regulations and enforcement on battery labeling and handling, Leighton said. "You kind of have this time bomb waiting to go off," Leighton said. Back to Top Medallion Foundation Program Credited for Reducing Aviation Accidents Fatal controlled flight into terrain (CFIT), accidents among commercial air carriers have been reduced 57 percent from 2000 to 2009, according to a newly released public health report. The Medallion Foundation's CFIT program developed and used by its Star and Shield carriers was cited as a positive contributing factor to reducing crashes and saving lives. "This study found that after accounting for the type of flying, region of operations, and company size, companies with Medallion stars were more likely to have lower fatal crash rates than those without," the report states. The reduction in CFIT related fatalities in Part 135 operation was the result of a multifaceted public health approach by using technology, providing education to pilots and consumers and by encouraging voluntary changes to improve safety within the aviation industry. The paper recently released by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health reports that the Alaska Internagency Aviation Safety Initiative a multi-disciplinary partnership of government and industry to focus on ways to improve commuter and air taxi flight safety. In the 1990s being an Alaskan pilot was listed as the most hazardous occupation in the U.S. Programs such as the Medallion Foundations CFIT have aided in the decrease in accidents. The non-profit Medallion Foundation was formed by the Alaska Air Carriers Association in 2001 and has over 40 voluntarily participating air carrier members. The report may be accessed online at: http://onlinelibrary.wiley.com/journal/10.1002/(ISSN)1097-0274/earlyview For more Medallion Foundation information go to: www.medallionfoundation.org Medallion Foundation contact: Dennis Ward, Executive Director (907) 743-8050 Back to Top Pilot Reported Ice Before Crash MORRISTOWN (WSJ)-The pilot of the small plane that plummeted into the median of a New Jersey interstate, killing all five passengers aboard, said the aircraft was accumulating ice before the crash, a federal investigator said Wednesday. A 2010 photo of Corinne Buckalew, husband Jeffrey Buckalew, and their children Meriwether and Jackson. Investigators said they still don't know what caused the accident, which took the lives of Manhattan investment banker Jeffrey Buckalew, his family and a co-worker. The group had taken off from Teterboro Airport Tuesday morning on their way to Atlanta, where Mr. Buckalew-a 45-year-old managing director at Greenhill & Co. and the plane's pilot- was to attend a meeting with Rakesh Chawla, a Greenhill managing director who was on board, according to a person familiar with the matter. Mr. Buckalew then planned to spend Christmas with family, including his wife, Corinne, 45, and their two children, Jackson, 11, and Meriwether, 6, also on the plane. Debris from the crash in which they died is removed from a New Jersey highway on Wednesday. But not far from the airport, as the plane climbed above 17,000 feet, Mr. Buckalew told air-traffic controllers that there was ice building up on the plane, according to Ralph Hicks, an air-safety investigator at the National Transportation Safety Board. A few moments later, the turboprop plane started spiraling downwards. It crashed into a median on Interstate 287 south of Morris Township. Other pilots in the area reported icing, according to a recording of air-traffic control transmissions. Mr. Hicks said it's not clear whether ice caused the crash. The plane, a single-engine Socata TBM-700, had de-icing equipment, but investigators haven't determined whether it had been activated or perhaps turned on too late. The 2005 model was new when Mr. Buckalew bought it, his brother told The Wall Street Journal. "How much ice was on the aircraft we do not know, and we may never know," Mr. Hicks said at a news conference. Investigators gathered up pieces of the aircraft-including a wing-from a debris field spread as far as a half mile from the crash site. They plan to piece them back together at a facility in Delaware in an attempt to determine what happened. Mr. Buckalew was trained to fly single-engine planes in instrument-only conditions, Mr. Hicks said. He had been flying for 10 years. Recently, he had spent much of his time in the air commuting between New York and the farm in Charlottesville, Va., where his family spent much of their time. Mr. Chawla, 36, is survived by his wife and three daughters. They declined to speak to reporters gathered outside their Upper East Side apartment building Wednesday. Colleagues of Messrs. Buckalew and Chawla gathered for an informal meeting at Greenhill's headquarters Wednesday to discuss the deaths, a spokesman for the firm said. "Many employees openly expressed their feelings as well as fond memories," the spokesman said. Mr. Buckalew had been with Greenhill since its founding in 1996. He and the firm's founder, Robert Greenhill, were both pilots-a skill they found useful when they advised Delta Air Lines on its 2008 merger with Northwest Airlines. The pair swapped stories about flying with representatives from Delta's pilots union during talks. At Wednesday's meeting, described by the spokesman as "highly emotional", Mr. Greenhill made the closing comments about Messrs. Chawla and Buckalew. Back to Top Cyprus court acquits 4 ex-airline officials in 2005 Helios plane crash that killed 121 people NICOSIA, Cyprus (AP) - Four former airline officials were acquitted Wednesday of manslaughter and other charges in the unusual crash of a Cypriot airliner six years ago that killed 121 passengers, while victims' relatives jeered the ruling inside a packed courtroom in the island's capital of Nicosia. In a majority decision, a panel of three judges ruled there was no evidence presented during the two-year trial that the defendants were linked to what caused the crash. The prosecution had argued that the defendants failed to prevent the aircraft from being flown by "unsuitable and inadequate" pilots. The judges also ruled that the prosecution failed to prove that German pilot Hans- Juergen Merten and his Cypriot co-pilot Charalambos Charalambous didn't meet the minimum standards required to do their job. "Regardless...how the charges are viewed, they remain groundless and without supporting evidence," the judges said in their 170-page decision. "It's judged that this reason is sufficient to dismiss all charges and acquit all defendants." The Aug. 14, 2005, crash of the Helios Airways Boeing 737-300 aircraft on a hillside north of Athens killed everyone on board and sent shockwaves through this small east Mediterranean island of 800,000 people. The plane had been on a flight from Cyprus' main airport of Larnaca to Prague, Czech Republic via Athens. Greek investigators have said human error was to blame for the crash, which piqued international curiosity about the peculiar circumstances under which it unfolded. Investigators established that cabin pressure failure knocked out the pilots soon after takeoff from Larnaca airport. The aircraft reached Athens on autopilot, but crashed after running out of fuel. A Greek fighter pilot scrambled to intercept the unresponsive jet reported seeing a man who managed to stay conscious enter the flight deck and try to pilot the plane, but to no avail. The judges referred to testimony suggesting that despite a sound alarm, the pilots had apparently failed to notice and adjust - either before or after takeoff - a switch that would have automatically pressurized the cabin during the flight. An autopsy showed that all the passengers were alive at the time of impact, but were in a deep comatose state because of the prolonged lack of oxygen, the court said. The defendants included former managing director of Helios Airways Demetris Pantazis, the airline's former chief executive Andreas Drakos, chief pilot Ianko Stoimenov, operations director George Kikides and the defunct airline as a legal entity. The manslaughter charge carried a maximum life sentence. The defendants also had faced a lesser charge of causing death by recklessness. The ruling angered victims' relatives inside the stuffy courtroom. Some shouted "killers," and "is this justice?" as bailiffs spirited the defendants outside after the dissenting judge finished reading his opinion. Outside the courthouse, relatives dressed in black clutched photographs of victims and wept, while others heaped abuse on lawyers exiting the building whom they thought had represented the defendants. "Where should I go now, should I go to the cemetery again?" asked Maro Makridou, whose daughter, son-in-law and three children perished in the crash. Cyprus Attorney General Petros Clerides told state-run Cyprus News Agency that he would consider appealing the ruling after studying it. Back to Top Aviation fuel scandal signposts danger to air safety (Nigeria) *As NCAA summons marketers to crucial meeting Ongoing allegations and counter allegations by oil marketers over the conversion of domestic kerosene to aviation fuel, have opened a new chapter in Nigeria's air safety challenges. This is coming after five years of safe flights in the nation's airspace, due mainly to the efforts of the Nigerian Civil Aviation Authority (NCAA), airline operators and other stakeholders. Aviation experts who craved anonymity, told BusinessDay last night that the allegation portends great danger to air safety in the country, as aviation fuel or kerosene, not properly stored and eventually used constitutes a great safety hazard. The last major air accident in Nigeria happened on October 29, 2006, involving an ADC Airline Boeing 737-200 plane, which claimed 96 lives, including four crew and 92 passengers. The aircraft was departing Abuja Airport for Sokoto when the accident occurred. Worried by the development, the nation's apex aviation regulator, NCAA, yesterday summoned a crucial meeting with oil marketers, over the alleged unwholesome act of the sale of Nigerian National Petroleum Corporation (NNPC) Dual Purpose Kerosene, meant for household use as Jet-A1 (aviation fuel) to airlines by SO Aviation. The NCAA it was learnt, summoned SO Aviation, Major Oil Marketers of Nigeria (MOMAN) and the Association of Petroleum Products Marketers, to explain the details of the allegation which it considered very weighty, according to sources close to the authority. The Petroleum Marketers had alleged in an advertorial addressed to President Goodluck Jonathan, in major newspapers yesterday, that Sahara Energy, owners of SO Aviation had been " raking in a staggering sum of USD 43 million in profit on a monthly basis, from the sales of the Kerosene (DPK) allocation bought from the NNPC at N40.90k per litre, which they sell to the airlines as imported aviation fuel, at N152 per litre". They noted " There is a clear and present danger in this corrupt and unscrupulous act". According to the petroleum marketers, " Though aviation fuel and DPK are similar, they have different specifications. Aviation fuel requires expertise in its handling and distribution because of safety concerns", adding "We have checked in the international market, particularly in the Lloyds list and we have found out that SAHARA ENERGY has never imported aviation fuel in recent times solely for sale to the airlines operators of Nigeria". The bodies therefore called for an high powered probe panel to verify their claims, so as not to endanger the lives of air travelers, due to the inherent danger the use of domestic kerosene could cause in its continued use for the propulsion of aircraft engines, as against the technically approved Jet-A1. Harold Demuren, Director- General of NCAA, who confirmed receipt of the protest letters and the summoning of Sahara Energy, said the meeting was called to hear from both parties, the authenticity of the allegation. Demuren added that it was unbelievable that a marketer would be selling Kerosene to airlines when there were checks and balances put in place to ensure that approved products were supplied to airlines. Sources close to the meeting told BusinessDay last night that the meeting which held at the headquarters of the NCAA in Lagos, would continue today and that the allegation borders on safety of lives and billions of naira worth of property and needed to be given priority attention. In an advertorial published today, Sahara Energy denied the allegations, saying the products it supplied met both national and international specifications, including specifications as determined by AFRQJOS and DESTAN standards. The firm also stated that it was not the sole importer of Kerosene for the NNPC, adding " SO Aviation is not in the business of diverting products of any kind in any form or manner." Mohammed Tukur, spokesman, Airlines Operators of Nigeria(AON) said the allegation was very weighty because there were technical checks and balances put in place by airlines to ensure that they did not lift adulterated fuel or unapproved fuel for the safe operations of their aircraft. He called for the immediate setting up of a presidential panel or a panel by the NCAA with AON representatives, to look into the veracity of the allegation. http://www.businessdayonline.com/NG/index.php/news/76-hot-topic/31156-aviation- fuel-scandal-signposts-danger-to-air-safety Back to Top Honda Adds Third Test Aircraft The past few years have been tough on the light jet sector, with several programs being put on hold or abandoned, but the slow but sure development of the HondaJet has been seemingly unaffected by the economic turbulence of late. In its typically slow and determined fashion, Honda Aircraft waited a month to announce the first flight of the third conforming test aircraft. The plane first flew on Nov. 18 but Honda didn't announce it until Monday. Two of the three aircraft are being used for flight tests while the other, which was the second conforming aircraft built, is ground-bound structural test article. The company said two more flight test aircraft and an unspecified number of structural test copies will be built in the coming year. It's been eight years since the first flight of the proof-of- concept HondaJet. http://www.avweb.com/avwebbiz/news/Honda_Adds_Third_Test_Aircraft_205910- 1.html Back to Top NTSB chief laments omission of cargo planes in FAA pilot fatigue rules National Transportation Safety Board Chairwoman Deborah Hersman said Wednesday that she liked the Federal Aviation Administration's new scheduling rules for avoiding fatigue among commercial airline pilots, but she wished the rules applied to cargo flights as well. Hersman said in statement that the new FAA rules were "a huge improvement over the status quo for large passenger-carrying operations." But she quickly added "a tired pilot is a tired pilot, whether there are 10 paying customers on board or 100, whether the payload is passengers or pallets." "We are extremely disappointed that the new rule is limited to Part 121 carriers," she said. Hersman said the NTSB has been recommending that transportation officials address pilot fatigue since 1990. "Over the first century of powered flight, countless accidents trace pilot fatigue as a contributing factor," she said. "As the FAA said in its draft, 'Fatigue threatens aviation safety because it increases the risk of pilot error that could lead to an accident.' This is particularly a concern for crews that fly 'on the back side of the clock.' " Still, Hersman, who has recently made news with a recommendation of her own that all cellphone use in cars be outlawed, said she was "pleased" with the FAA's announcement. "Secretary LaHood and former FAA Administrator [Randy] Babbitt have worked for years to shepherd this contentious rule through the process," she said. "We applaud the leadership of DOT and FAA for bringing it across the finish line." Under the new rules, pilots would be required to get at least 10 hours of off-duty time between flight schedules, which transportation officials said would give them at least the opportunity to get eight hours of sleep before they get to the cockpit. Pilots would also be limited to no more than nine hours of "flight time," which is considered by the FAA to be any time an airplane is moving on its own power, even if it is on the ground at airport. Pilots would be limited to 28 working days in a month. Airlines will be given two years to comply with the new rules. http://thehill.com/blogs/transportation-report/aviation/200829-ntsb-chief-laments- omission-of-cargo-planes-in-faa-pilot-fatigue-rules Back to Top Helicopter clips power line, makes emergency landing near I-81 (Tennessee) A helicopter sits in a field near Fall Branch after the pilot was forced to land when the aircraft clipped a power line Wednesday. Kevin Castle photo. FALL BRANCH - Several hundred feet of power line clipped by a low-flying helicopter fell across Interstate 81 Wednesday evening, clogging traffic for nearly 14 miles for over two hours. Ironically, the aircraft was owned by Air2, a company based in Timonium, Md., that provides line transmission aerial service support and maintenance to power companies. Steve Bradley owns the field and surrounding property where the helicopter pilot safely landed his aircraft just after 4:30 p.m. after striking the line. The pilot was trying to avoid some low-lying fog that had formed over the valley near mile marker 53 in the Fall Branch area. "This was not an uncommon sight, to see a helicopter touched down right here, because this field is just right off the interstate," said Bradley, who has encountered several helicopter landings due to emergency personnel flying their rescue choppers into the location following serious traffic crashes. "I approached the pilot. He was extremely shaken up," Bradly continued. "He told me that he had clipped a power line but had managed to safely land the copter after losing control of it just a bit after the first hit. It was not a hard landing. He did not say where he took off from. "He did say that he was from Colorado and that he was bound for Tri-Cities (Regional) Airport this evening. I think he tried to dodge some fog, and I can tell you it was really foggy at that point. I guess he didn't realize or couldn't judge where the lines were." The pilot and an official from TCRA at the scene did not want to comment about the incident. Rescue personnel from the Fall Branch Volunteer Fire Department arrived and checked out the pilot for any injuries. An officer with the Tennessee Highway Patrol was also on the scene. At one point, rescue personnel keeping in contact with other workers and monitoring radio traffic said that I-81 southbound from mile marker 53 to Exit 66 at Blountville was at a complete standstill. Traffic was reopened once power company officials cut the electricity to those lines so that the cables could be retrieved. Appalachian Power Company spokesman Todd Burns said the 230-kilovolt transmission line was cut by the helicopter blade, but no residential power was lost to that area. An investigator from the Federal Aviation Administration was due to arrive on the scene of the landing either late Wednesday night or early Thursday morning to further handle the case. The THP was planning on having an officer stay with the craft until FAA officials arrived. Burns said the line would have to be repaired, with the majority of the reworking of the line having to be done using a helicopter, but no timetable could be provided as to when the work would be done. http://www.timesnews.net/article/9039911/helicopter-clips-power-line-makes- emergency-landing-near-i-81 Back to Top N.Y. man sues airlines in 2009 plane attack NEW YORK (AP) - A New York man has sued two airlines for $10 million in damages for injuries he says he incurred when he jumped on a Nigerian man who tried to blow up a Detroit-bound airliner with a bomb in his underwear. Theophilus Maranga filed the lawsuit Wednesday in federal court in Manhattan. He named as defendants Delta Air Lines, Inc., Air France-KLM and Umar Farouk Abdulmutallab, who awaits sentencing after admitting he tried to blow up the plane. Maranga claims the airlines were negligent to let Abdulmutallab aboard. The Wappinger Falls man says he suffered numerous injuries after jumping on Abdulmutallab when he tried to bring down a Christmas 2009 Amsterdam-to-Detroit flight with 290 people aboard. Messages left with the airlines haven't been returned. Back to Top Europe's Overreach on Plane Emissions Won't Clean the Sky: View (Bloomberg) - The European Court of Justice made a bad situation a little worse yesterday when it upheld a law allowing the European Union to charge international airlines for their carbon emissions. The regulations require all commercial aircraft taking off or landing in 30 European nations to participate in the EU's emission-trading system, known as ETS. China, India, Russia, the U.S. and at least 22 other countries have protested, correctly in our view, that the ETS represents an inappropriate extraterritorial application of national law. Indeed, starting Jan. 1, airlines will have to account for -- and later, if they exceed certain allowances, pay a penalty on -- emissions produced during the entire length of a journey to and from a destination in Europe, not just those within European airspace. The Air Transport Association, the trade group for the largest U.S. airlines and freight carriers that initially brought the court challenge, says that, for example, only 8.7 percent of the emissions produced by a flight between San Francisco and London will occur in EU airspace, yet the airline will be accountable to the ETS for the full distance. The industry estimates it will cost U.S. companies $3.1 billion to comply with the rule through 2020. (Analysts at our sister operation Bloomberg Government put the cost between $2.1 billion and $4.2 billion depending on the cost of carbon allowances.) Beyond the cost, which would undoubtedly be passed on to the consumer, the European plan could set back the realization of the very goal it sets out to achieve: a meaningful reduction in harmful emissions. As Secretary of State Hillary Clinton and Transportation Secretary Ray LaHood correctly pointed out in a letter to the European Commission last week, an effective response to the very real problem of emissions by airlines needs to be made through a global framework. The U.S. is right to insist that the appropriate forum for resolving this issue is the United Nations' International Civil Aviation Organization, which has been remarkably efficient in administering international aviation since 1944. A meaningful and global mechanism for regulating carbon emissions by aircraft is all the more urgent as the industry expects 3.3 billion people to travel by air in 2014, an increase of 800 million from 2009. Indeed, the UN body said Nov. 30 that it hopes to present an initial proposal as soon as next month. Yet the European law will throw a wrench into any such discussions. It is also exacerbating tensions over trade at a time when the faltering global economy can least afford it. The ETS has already been met with vague bills in Congress that would forbid American airlines from complying and with unspecific threats of retaliatory measures by the Obama administration. Fortunately, there still is time to put things on track. For the moment, the EU rule requires airlines to compile data about emissions and, if needed, acquire allowances, though no fees will be levied before April 30, 2013. That 14-month delay should be put to use by the International Civil Aviation Organization to come up with an effective and equitable system for regulating airplane emissions that all nations can embrace. To contact the Bloomberg View editorial board: view@bloomberg.net. http://www.bloomberg.com/news/2011-12-22/europe-s-overreach-on-airplane-carbon- emissions-won-t-clean-the-sky-view.html Curt Lewis, P.E., CSP CURT LEWIS & ASSOCIATES, LLC