Flight Safety Information March 22, 2012 - No. 058 In This Issue AViCON 2012: Aviation Disaster Conference (25APR - NYC) FAA finds Philippine aviation standards lacking Airplane Engine Hole Causes Passengers to Abandon Plane Broken toilets strand United passengers in Alaska Helicopter grounded for inspection at offshore platform PRISM ANNUAL SMS AUDIT RESULTS EU Court Advice: Airlines Must Provide Care In Extraordinary Circumstances House panel insists on safety of private space travel FAA predicts space tourism will be $1 billion industry by 2022 Airbus, Boeing, Embraer To Push Development Of Biofuels For Aircraft AViCON 2012: Aviation Disaster Conference Held At The Intrepid Air, Sea & Space Museum Wednesday, April 25, 2012 The Intrepid Air, Sea & Space Museum Pier 86, W 46th St and 12th Ave New York, NY 10036-4103 AViCON 2012 Trailer by RTI Forensics AViCON 2012 Trailer Aviation Disaster Conference Investigating the Causes, Resolving the Claims Venue: The Intrepid Sea, Air & Space Museum New York, NY April 25, 2012 CONTINUING LEGAL EDUCATION ACCREDITATIONS ARE BEING SOUGHT FROM 22 STATES, PUERTO RICO, AND CANADA The following distinguished faculty members are scheduled to instruct at the event: Frederick (Rick) Alimonti Alimonti Law Offices, P.C. Professor Graham Braithwaite Head, Department of Air Transport, Cranfield University Christa M. Hinckley Partner, Husch Blackwell LLP Nick Hughes Partner, Holman Fenwick Willan LLP David T. Hunter Orion ADR Jason Kelly President, Crisis Advisors Curt Lewis, PE, CSP Curt Lewis & Associates LLC Ricardo M. Martinez-Cid Partner, Podhurst Orseck Rocie Park Director Aviation Claims, Allianz Global Corporate & Specialty Tim Scorer Consultant, Ince & Co LLP Kathryn Ward Partner, DLA Piper UK LLP Diane Westwood Wilson Partner, Clyde & Co US Fitzpatrick Grand Central Official Hotel for AViCON 2012 Gather with our distinguished faculty and your fellow delegates before and after the conference. A limited number of rooms have been reserved for April 24th and 25th at the special rate of $209 per night plus tax for attendees of the AViCON 2012 conference. After you register to attend AViCON 2012 you will receive a confirmation email which contains the promotion code for the hotel. Reserve your room at the Fitzpatrick Grand Central by calling 212-351-6800 or at fitzpatrickhotels.com using the code. We look forward to seeing you there. The highly successful AViCONŽ 2010 held in London is set to return to New York. This Aviation Insurance Claim Conference, with its unique format, is gathering reputation and recognition on both sides of the Atlantic since first presented to the London market in 1998. Following are some of the testimonials received from attendees of AViCON 2010: "Excellent having so many professionals together defending their position sitting in the same room and explaining to the audience the consequences of their actions." "I completely enjoyed the whole presentation and found it very educational." "Brilliant!!!" "Very impressive in terms of content and organization." "A very interesting and informative day." This conference will be of interest to anyone involved in Aviation Insurance - underwriters, claims managers, lawyers, risk managers, insurance brokers, airline flight safety directors, airline board members with flight safety responsibility, claims investigators, and aircraft product manufacturers. Previous AViCON events have attracted well respected speakers and delegates from the legal profession and insurance market. Speakers have included aviation professionals, law partners, and associates from: Alimonti Law Offices, Barlow Lyde & Gilbert, Blank Rome, Bryan Cave, Clyde & Co., Condon Forsyth, Cozen O'Connor, Cranfield University, Curt Lewis & Associates, Inc., DLA Piper, Ince & Co, Kenyon International Emergency Services, Podhurst Orseck, and Xchanging. AViCON 2012 will follow the same configuration whereby the speakers and delegates move along the timeline of an accident investigation to legal discovery, multi-party litigation, and resolution. Previous AViCON events have worked around the scenario of a new entrant airline buying a new technology airframe that suffers a survivable failure to an engine. This failure subsequently results in multiple fatalities due to a range of issues that include: * Organizational Failures * Crew Competence * Possible Bogus Parts * Defective Warning Systems All are et within an environment that includes many possible choices of forum and law. The 2012 accident scenario will be presented with state-of-the-art animation prepared by RTI's Magic Motion Studios and will highlight a fresh set of complex issues of current concern and debate within the aviation market. This event presents a unique opportunity, in a concise and effective format, for all those concerned with safety in aviation to gain a fuller understanding of the entire range of complexities involved in the resolution of multi-party claims that arise from a fictitious aviation accident. Taking just one day, the 2012 conference is based on a reconstruction of a very conceivable and carefully scripted air disaster that occurs when an airline transport aircraft crashes off the runway in bad weather. Causation is far from clear, and a number of parties may have contributed to the accident. The conference will show how such a disaster may be investigated and managed. It then goes on to illustrate the complex legal issues involved and the strategies that may be employed in settling the claims. After viewing the animation, experts in disaster management and accident investigation will lead the audience through the technical aspects of crisis management and the process and protocols of a formal investigation. The circumstances shown in the video and the results of the investigation lead to potential liability for a number of parties including: the airline, the aircraft manufacturer, and the airport authority. A group of leading lawyers and insurance executives will debate the issues that arise including: forum selection, punitive damages, fee considerations, evaluating claims, discovery, spoliation, mediation and dispute resolution, quantum of damages, and relationship with insurers. Register for AViCONŽ 2012 Go to: WWW.RTIAViCON.COM and select the 'Registration' link to view the Registration Application Form. Regular fee $795.00 * February 1, 2012 to April 25, 2012 Student $395.00 * Prior to April 25, 2012 * Must present law school, college, or university student identification at the door Government / Military $650.00 * Prior to April 25, 2012 * Must present government employee or active military identification at the door DISCOUNT REGISTRATION FEE AVAILABLE UNTIL APRIL 16th! Subscribers to this newsletter are being offered a $100 discount when registering between now and April 16th to attend AViCON 2012. Visit the AViCON website, click on Registration, enter the Regular Fee quantity for the number of attendees, and then enter promotional code AViCON-425 and click on the Apply button. FAA finds Philippine aviation standards lacking MANILA, Philippines (AP) - The U.S. Federal Aviation Administration has found lingering deficiencies in Philippine air safety standards despite the country's efforts to fix the problems. Unqualified personnel inspect aircraft and airport facilities, inspectors accept free rides on the same airlines they are checking and airlines receive certification despite failing to meet requirements, according to a report summary made available to The Associated Press. Safety and management concerns led the U.S. aviation watchdog to downgrade the Civil Aviation Authority of the Philippines in 2007 and limit U.S.-bound flights from the Philippines. In 2010, the European Union also blacklisted Philippine carriers. Transportation and Communications Secretary Mar Roxas said Tuesday the government will take measures to address the deficiencies. He acknowledged that the FAA findings will adversely affect the Philippine airline industry and may discourage tourists. "We will make an assessment and develop a course of action to address the deficiencies cited in the FAA report," Roxas said. "We will implement a zero-tolerance policy for defects whether it is on personnel or equipment." A team from the Philippine aviation authority is set to visit Washington in mid-April to present an action plan to address the more than 20 issues mentioned in the FAA report following the technical review in January. That visit as well as the January review are a prelude to the still unscheduled audit by the FAA. Roxas told reporters that it may take some time before Philippines air carriers could once again be allowed to fly to the U.S. without restrictions on operations or heightened FAA surveillance. Airline industry leaders have urged the government to work more aggressively on getting this status back so they could add flights to the U.S. and Europe -- lucrative routes plied by thousands of overseas Filipino workers each day. CAAP deputy chief John Andrews said the Philippine aviation agency was developing in- house training modules and manuals to standardize training for inspectors. The CAAP board will abolish the practice of free rides for inspectors, he said. He said the FAA welcomed the Philippines' move toward computer-based surveillance and its efforts to meet FAA guidelines on critical elements of air safety oversight. These include fielding qualified inspectors and strengthening regulations, licensing and certification. The FAA recommended that inspectors complete a standardized training program and called for a budget to remove free rides. It says that certificates issued to two local carriers should be revalidated and inspectors trained on the importance of enforcement. It also called for putting in place civil penalty sanctions and an amendment to the country's civil aviation law to allow local carriers to lease foreign aircraft. Back to Top Airplane Engine Hole Causes Passengers to Abandon Plane Passengers on a Transaero plane fled their aircraft before takeoff after a passenger noticed a hole in the engine, reports Ria Novosti. The Moscow to Krasnoyarsk, Russia flight was prepping for takeoff Monday when a passenger spotted what appeared to be a hole in one engine. According to The Australian, the pilot thanked the passenger for bringing it to his attention, but, after a two-hour delay, the plane was again ready to take off without the hole covered. Twenty-seven concerned passengers bailed, and the plane took off as planned. As it turns out the "hole" was just a missing inspection panel, which the plane was allowed to fly without. Passengers who fled were reimbursed for their tickets, but had to pay a fee because the airline did not deem the incident an emergency. In March 2011, A US Airways plane was grounded after a hole was found in the fuselage. In April 2011 a fuselage rupture caused a Southwest plane to make an emergency landing. A similar incident also happened in 2010 when a Qantas plane was forced to return to San Francisco after an engine exploded. http://www.huffingtonpost.com/2012/03/20/airplane-engine-hole-causes-passengers-to- abandon-plane_n_1368367.html Back to Top Broken toilets strand United passengers in Alaska Broken toilets cause layover hell Washington (CNN) -- If there's a contest for worst travel experience of the year, United Airlines Flight 857 might be in the running. The plane departed San Francisco on Sunday for a 13-hour trip to Shanghai. But most of the 262 passengers didn't get to China until Tuesday evening -- three days late -- after an unplanned and prolonged layover in Anchorage, Alaska. About three hours into the flight, the United jetliner was diverted to Anchorage because of broken bathrooms. When a replacement plane arrived Monday, it also was grounded because of mechanical problems, prompting most of the passengers to catch a third plane Tuesday. "It was just one thing after the other," said Kristin Bishop, who was on a business trip from Chicago. "It was honestly unbelievable. We couldn't believe it. It definitely was the flight from hell." Flight 857 shows the impact -- and limits -- of the Airline Passenger Bill of Rights, designed to protect passengers from being held on tarmac-bound jets. In this instance, United appeared to go to great lengths to avoid violating the tarmac rule, which fines airlines if they keep passengers on ground-bound planes more than four hours, with some exceptions. But a string of delays and mechanical problems plagued the voyage almost from the very beginning. Passengers said the the flight left San Francisco at 2 p.m. Sunday, and the first inkling of trouble came three hours later, when the pilot announced a detour to Anchorage because of problems with several of the Boeing 777's lavatories. According to Bishop, the captain announced, "You may have noticed some lavatories aren't working. We're making an unplanned stop in Anchorage." When the plane landed, Bishop said, the passengers sat for an hour and a half before they were allowed to get off and wait in a secure area. That wait lasted about four hours, Bishop said, before they got word that the flight was canceled and that a replacement plane would arrive the next day. "They told us to wait in line and get our meal and hotel vouchers. But it just took them hours and hours to make that announcement, and there was only one guy handing out the vouchers," Bishop said. "And they were checking us off one-by-one, so it took like 10 minutes per person to get your voucher, and there was like 280 of us, I believe." When all was said and done, passengers got one $12 meal voucher, Bishop said. Bishop said she was issued her hotel voucher shortly after midnight, and the airline refused to release people's luggage, which contained clothing and medication. The bad luck continued Monday. When passengers arrived at 11 a.m. for the 1 p.m. flight, they were informed that the flight had been delayed 2˝ hours, Bishop said. Once on the second plane, they waited a couple more hours before the captain made an announcement. "They announced that that plane also has broke down," Bishop said. "The captain acknowledged that it was ironic, which is one way to put it." Passengers were told that another replacement plane would arrive Tuesday. Bishop said she opted to catch a red-eye plane back. For several dozen passengers who opted to take that overnight flight to San Francisco, there was added drama when lightning harmlessly struck their plane. In a statement Wednesday, United said it provided its customers with hotel accommodations and meal options and provided a different Boeing 777 aircraft. It made no mention of that aircraft's mechanical problems. "We sincerely apologize to our customers for the delays and are fully refunding their tickets. We are also actively reaching out to our customers to offer additional compensation," the statement read. A Department of Transportation spokesman said Wednesday that the agency had received one complaint. "We sent the complaint to United and asked them to reply to the passenger," Bill Mosley said. Meanwhile, Bishop says she still doesn't have her luggage. "The luggage is in China. Hopefully, I'll get it back," she said. Back to Top Helicopter grounded for inspection at offshore platform A Cougar helicopter was kept at the Terra Nova offshore production vessel to await technical inspection after an indicator light came on inside the aircraft A Cougar Helicopters technician was given a special flight out to the Terra Nova offshore oil production vessel Wednesday afternoon to check a helicopter that had been grounded on the ship's helideck. The aircraft was held on the vessel, and kept from flying back to shore because of an illuminated onboard indicator light. The helicopter successfully landed on the production vessel Wednesday morning. It was the only destination for the flight. However, while on approach, the indicator light - an "input module chip light" - was activated. "On deck the crew discussed the matter with Cougar's maintenance control centre," stated an incident bulletin from the Canada-Newfoundland and Labrador Offshore Petroleum Board, issued the same morning. "It was decided to shut the aircraft down and complete a restart. After restarting the light was still illuminated." Responding to questions, a spokeswoman for Cougar confirmed a company technician had been flown to the oil platform, operated by Suncor, by a second helicopter. The vessel, about 350 kilometres off the coast, has one helideck. However, "there is a parking area where an airframe can be safely parked and secured, allowing for a second airframe to land safely on the helideck," Cougar explained. The helicopter that transported Cougar's technician then returned to St. John's with passengers, according to the company spokeswoman. Turn-arounds and machinery checks due to indicator lights have been reported before by the company. An incident in April 2011 involved the restart of a helicopter at the Terra Nova FPSO. That flight, while raising some concern among workers, returned without incident following a diagnostic check. http://www.thetelegram.com/Business/2012-03-22/article-2936492/Helicopter- grounded-for-inspection-at-offshore-platform/1 Back to Top Back to Top EU Court Advice: Airlines Must Provide Care In Extraordinary Circumstances BRUSSELS (Dow Jones)--Airlines have an obligation to provide care for customers whose flights have been cancelled in extraordinary circumstances like the Iceland volcanic ash explosion in 2010, the advocate general of the European Union's top court said Thursday. In his opinion, which is not binding, the advocate general Yves Bot said the Iceland events met the definition of "extraordinary circumstances" in which airlines don't have to pay compensation but must provide meals, refreshments, accommodation and transport for customers. He also said there is no temporal or monetary limit on the care an airline must provide. In a court statement, the advocate general said the "obligation to provide care must remain compelling" for airlines. "It is precisely in situations where the waiting period occasioned by the cancellation of a flight is particularly lengthy that it is necessary to ensure that an air passenger...can have access to essential goods and services throughout that period." The EU opinion was sought by a Dublin court, which was hearing a case involving Ryanair Holdings PLC (RYA.DB) over the care it provided for a customer whose flight was canceled on April 17, 2010. That was the period when U.K. and Irish air space was closed because of the volcanic ash explosion. Ryanair was required to pay out EUR1,130 and has appealed that decision. A spokemsman for Ryanair said this was a test case and that all claims concerning the Iceland ash situation have been settled. He said Ryanair has paid out EUR30 million in total from those cases. The spokesman, Stephen Mcnamara, said we hope the final Court decision will be in favor of Ryanair's appeal and remove the blatant discrimination in the...regulations, which expose airlines to unlimited liability even in cases such as volcanic ash, which the airlines should not be held responsible for." While the airline industry has unlimited liabilities, road, ferry and coach operators do have time and monetary limits on the customer care they must provide. Back to Top House panel insists on safety of private space travel Risks of commercial ventures must be understood, lawmakers tell FAA officials The risks of space tourism and other private spaceflight missions must be clearly understood and addressed if the burgeoning commercial space industry is to succeed, House lawmakers told the Federal Aviation Administration on Tuesday. The comments came as George Nield, the FAA's associate administrator for commercial space transportation, and Wilbur Trafton, chairman of the FAA's commercial space transportation advisory committee, testified before the House Subcommittee on Space and Aeronautics in Washington, D.C. "The public needs a clear understanding of the risks involved with commercial space transportation, and it will need to be convinced those risks are being effectively managed," said Acting Space and Aeronautics Subcommittee Ranking Member Jerry Costello, D-Ill. "(The Office of Commercial Space Transportation) will be at the center of establishing those expectations, as it will have a critical role in ensuring the safety of would-be space tourists, and potentially even of NASA astronauts or other spaceflight participants." Some new private rocket-powered flight tests of its suborbital passenger spacecraft SpaceShipTwo - an eight-person spacecraft - by the end of this year. Meanwhile, NASA is supporting efforts by several different companies that are building their own private spaceships to carry astronauts, such as the Dragon space capsule, which is built by California-based firm SpaceX. During the hearing, members of the subcommittee reviewed the FAA Office of Commercial Space Transportation's (AST) 2013 budget request, and also outlined the agency's main priorities and challenges. For fiscal year 2013, the Obama administration is requesting $16.7 million for the AST, representing a 2.6 percent increase over the funds appropriated for the previous year. "We are all well aware of the historic change that has taken place in the U.S. space program with the retirement of the space shuttle," Nield said in his address to the lawmakers. "We watched with mixed emotions as Atlantis lifted off the pad for its final mission on July 8 of last year. That final mission left many wondering about the future of space transportation in this country. While it is certainly true that the launch marked the end of an era, it also represented the beginning of what I am confident will be an exciting future in space for our nation." With the space shuttles no longer flying, NASA is currently relying on Russian vehicles to carry its astronauts to and from the International Space Station. In the meantime, several commercial companies are developing a new fleet of orbital and suborbital vehicles to carry paying passengers. As the government agency tasked with ensuring that the commercial industry maintains the highest levels of safety for those in the air and on the ground, the FAA has a demanding role to play in the growing private spaceflight sector. "The successful growth of commercial human spaceflight activities can open new opportunities for commercial space," Costello said in his opening statement. "However, realizing and sustaining the promise of that industry will require close attention to safety." Balancing risk and safety remains a hot-button topic as the private space exploration industry continues to grow. Democratic subcommittee members discussed their concerns about specific policy issues, including how the agency plans to handle risks, financial responsibilities, safety regulations and partnerships with other agencies (such as NASA). More space news from msnbc.com Daniel Lopez Springtime greenery sprouts in northern skies Science editor Alan Boyle's blog: There's still snow on the ground in Arctic climes, but auroral displays are providing plenty of spring greenery. Check out the highlights of the northern lights. Photos of asteroid Vesta reveal bright surprises Amazing 200,000 galaxies - all in one photo Mercury having an exciting, active middle age Lawmakers also brought up whether the AST's dual role as a regulator and promoter of the commercial spaceflight industry is appropriate. Today's dialogue indicated that important questions will continue to be raised as the private space industry matures. "Today's hearing was a good start to discussing AST's role in safety and licensing for the emerging commercial suborbital and orbital human spaceflight industry," Rep. Donna Edwards, D-Md., said. "However, I am concerned that we have yet to get answers to many questions that remain, including how safety regulations will be developed and whether the U.S. government should extend shared liability and indemnification protection to the commercial human spaceflight industry." http://www.msnbc.msn.com/id/46811246/ns/technology_and_science-space/ Back to Top FAA predicts space tourism will be $1 billion industry by 2022 Official expects commercial ventures to hit billion-dollar mark in a decade George Nield, the FAA's associate administrator for commercial space transportation, pays a visit to the SpaceShipOne rocket plane hanging in the National Air and Space Museum. In 2004, SpaceShipOne became the first privately developed craft to reach outer space. CAPE CANAVERAL, Fla. - The Obama administration is preparing for a space tourism industry that is expected to be worth $1 billion in 10 years, the head of the Federal Aviation Administration's commercial space office said Tuesday. Rocket planes and spaceships to carry passengers beyond the atmosphere, similar to the suborbital hops taken by Mercury astronauts Alan Shepard and Virgil "Gus" Grissom in 1961, are being built and tested, with commercial flight services targeted to begin in 2013 or 2014. "Based on market studies, we expect to see this type of activity result in a $1 billion industry within the next 10 years," George Nield, associate administrator for the FAA's Office of Commercial Space Transportation, told the House Subcommittee on Space and Aeronautics. "This is a new and growing industry. If you look at the last 25 years, almost all the launches were for the same basic purposes - to launch a satellite, such as a telecommunications satellite, to orbit - and that level of business for that part of the industry is continuing today. But there are several new segments that we see just on the horizon," Nield said. The boom in launch business is expected to begin this year, he said in the hearing, which was carried via webcast. NASA has hired two companies, privately owned SpaceX and Orbital Sciences Corp., to fly cargo to the International Space Station, a $100 billion research complex orbiting 240 miles above Earth. The contracts are worth a combined $3.5 billion. "We know that's going to start soon, probably this year," Nield said. SpaceX, which is owned and operated by entrepreneur Elon Musk, is preparing for a trial run to the station on April 30. "We need to be careful not to assume that the success or failure of commercial spaceflight is going to hang in the balance of a single flight," NASA space station program manager Mike Suffredini told reporters during a separate news conference. "If they have problems along the way, it's the kind of thing you experience in this difficult process of not only trying to launch into low Earth orbit, but do the next-hardest thing, which is to try to rendezvous safely with another spacecraft in orbit," Suffredini said. Also on the horizon are commercial flights that reach at least 62 miles (100 kilometers) above the planet, an altitude that exposes passengers to a few minutes of weightlessness and a view of Earth juxtaposed against the black sky of space. In addition to tourism, suborbital spaceflights are being marketed and sold to research organizations, educational institutes and businesses that want to conduct experiments and fly payloads in space. One company, Virgin Galactic, an offshoot of London-based Richard Branson's Virgin Group, already has collected about $60 million in deposits for rides that cost $200,000 per person. "Exactly when those launches will start is hard to predict, but it looks very very clear it's going to be in the next one or two years," Nield said. http://www.msnbc.msn.com/id/46804656/ns/technology_and_science/ Back to Top Airbus, Boeing, Embraer To Push Development Of Biofuels For Aircraft GENEVA -(Dow Jones)- Some of the world's biggest airplane manufacturers agreed Thursday to combine efforts in pushing for the development of biofuels for aircraft, as pressure increases on the industry to reduce greenhouse gas emissions. In a joint statement, Airbus, a unit of European Aeronautic Defence & Space Co. (EAD.FR), Boeing Co. (BA) and Embraer SA (EMBR3.BR) agreed to "seek collaborative opportunities to speak in unity to government, biofuel producers and other key stakeholders to support, promote and accelerate the availability of sustainable new jet fuel sources." Biofuels are considered one of the best ways to lead a reduction in aircraft carbon dioxide emission, as pressure increases on the industry. In the European Union, airlines will now have to pay for emissions of flights taking off and landing in the bloc. This decision has put the EU at odds with major global economies like the U.S. and China, but has revived a debate about the possibility of finding an international deal committing virtually all countries that are members of the International Civil Aviation Organization, the dedicated United Nations body. But the path to a broad use of biofuels in airplanes isn't likely to be straightforward. Biofuels can already be used for aviation, but huge investment will be needed to boost production scale, which is still too small to make the fuels an economically viable alternative. The biggest cost for airlines is jet fuel, the price of which tracks crude oil, but biofuels are still far more expensive. Air France-KLM (AF.FR), Deutsche Lufthansa AG (LHA.XE) and United Airlines, a unit of United Continental Holdings Inc. (UAL), are among airlines that have already operated scheduled flights powered by biofuels, and Virgin Atlantic last year said it was working on development with a biofuels producer. Aviation will also have to compete with the auto industry, where biofuels are also considered to be the most straight forward solution to decreasing CO2 emissions. Curt Lewis, P.E., CSP, FRAeS, FISASI CURT LEWIS & ASSOCIATES, LLC