Flight Safety Information June 28, 2013 - No. 130 In This Issue 2013 Aviation Human Factors and SMS Seminar - Dallas, July 23-24, 2013 NTSB: Pilot in fatal Shirley crash warned not to fly plane (Long Island, NY) Pilot killed in fiery plane crash east of San Antonio (TX) International System Safety Conference Three injured as aircraft makes emergency landing in Russia's Khabarovsk Krai 3 treated after Germany-bound flight is diverted to Seattle over 'electrical smell' Annual SMS Audit Results Released Etihad said to be in talks for joint aircraft order FAA finishes its evaluation of non-U.S. citizen trusts for aircraft ownership OMAN Air Sponsors the Gulf Flight Safety Committee AGM 2013 Aviation Human Factors and SMS Seminar - Dallas, July 23-24, 2013 Just under a month until the 2013 Aviation Human Factors and SMS Seminar in Dallas, July 23-24 at the Frontiers of Flight Museum, from 8-5 each day. The seminar fee is $100. Please RSVP if you plan to attend. We have a great speaker lineup, entertaining venue and a chance to share best practices with your fellow professionals. FMI: http://www.signalcharlie.net/Seminar+2013 Registration: http://www.signalcharlie.net/Seminar+Registration+2013 Kent B. Lewis (850) 449-4841 www.signalcharlie.net Back to Top NTSB: Pilot in fatal Shirley crash warned not to fly plane (Long Island, NY) An official examines the wreckage Aug. 20, the day after the single-engine plane crashed in Shirley. (Aug. 20, 2012) An Orient man killed along with a passenger in a plane crash in Shirley last August was warned before takeoff that the craft should not be flown, according to a National Transportation Safety Board report. On the day of the crash, a mechanic, who was not identified by name in the report, advised plane owner and pilot David J. McElroy that the aircraft had a faulty tachometer, NTSB officials said in the report released June 18. A preliminary report shortly after the Aug. 19, 2012, crash said the plane was flying at a "slow" and "anemic" pace. NTSB officials, who are expected to issue a final report on the crash in four to six weeks, said a friend of McElroy's -- also not named in the latest report -- told investigators the single-engine Socata TB10 had problems climbing three days before the crash. Erik Unhjem, the lone survivor of the crash, said in an interview that he was unaware of the conversation between the mechanic and pilot. Unhjem, of upstate Goshen, said he was told the tachometer was "erratic" and said he would not have been on board had he known the instrument -- which measures engine revolutions -- was faulty. Shortly after it took off about 11:55 a.m. from Brookhaven Calabro Airport, the plane slammed into trees and a construction trash bin. McElroy, 53, and Unhjem's wife, Jane Unhjem, 60, were killed. Erik Unhjem, now 62, was critically injured. According to the report, the mechanic later told his lawyer that he "never thought" McElroy would fly the airplane. McElroy had taken the couple on a test flight, intending to sell them the plane, when it crashed, the report states. The report also states McElroy's unnamed friend accompanied him on a flight in the plane three days before the crash. The friend told investigators the airplane "would not climb properly" and never reached an altitude above 300 to 400 feet, according to the report. The friend also heard McElroy complain to the mechanic that the tachometer was inoperative and that there was "something wrong with the power," preventing the airplane from climbing normally, the report said. Erik Unhjem, a licensed single-engine pilot, said he tried to fly the plane but had a rough start and turned the controls over to McElroy, who continued with the takeoff. But the airplane did not climb and was "skimming the treetops," Unhjem told investigators. After reaching an altitude of about 150 feet, the airplane "broke to the right and entered a classic spin," Unhjem said in the report. A representative for the family of McElroy could not be reached. NTSB spokesman Terry Williams declined to elaborate on the report. "The investigation is still ongoing," he said. Brookhaven Councilman Dan Panico, whose district includes Shirley and the town-owned airport, said of the reported warning to the pilot, "If the circumstances are correct, this is an unfortunate tragedy. If true, it's extremely disappointing." http://www.newsday.com/long-island/towns/ntsb-pilot-in-fatal-shirley-crash-warned-not-to-fly-plane- 1.5584710 Back to Top Pilot killed in fiery plane crash east of San Antonio (TX) GUADALUPE COUNTY, Texas - The Federal Aviation Administration says the pilot of a small plane died when the aircraft crashed about 20 miles east of San Antonio in Guadalupe County. According to the FAA, the single-engine Experimental RV-7A aircraft went down about 9 p.m. Thursday. The pilot was reportedly attempting to land at Zuehl Airport, a private airstrip about four miles south of Marion, Tex. The FAA stated the pilot was not in contact with air traffic controllers at the time of the crash. State and local law enforcement officials confirmed the aircraft was destroyed by fire and the sole occupant was killed. The FAA stated investigators are expected to be on scene Friday morning. The FAA stated the pilot's name will be released at a later time by either the Texas Department of Public Safety or the Guadalupe County Sheriff's Department. http://www.ksat.com/news/pilot-killed-in-fiery-plane-crash-east-of-san-antonio/-/478452/20753740/- /g0ftqlz/-/index.html Back to Top Back to Top Three injured as aircraft makes emergency landing in Russia's Khabarovsk Krai (Xinhua)16:21, June 28, 2013 VLADIVOSTOK, June 28 (Xinhua) -- Three people were injured after Antonov AN-2 aircraft had to make an emergency landing in Russia' s Khabarovsk Krai, RIA Novosti news agency reported. The AN-2 aircraft made a hard landing near the village of Nekrasovka in Khabarovsk Krai at about 11:10 local time on June 28. Seven people were on board, including two crew members and five passengers. According to the Far Eastern regional center of the Emergency Ministry, three people were injured, with one of them in a serious condition. They were hospitalized in Khabarovsk. The aircraft was making a commercial flight from Khabarovsk to the village of Samarga in Primorsky Kray when the accident occurred. ************* Type: Antonov An-2 Operator: DOSAAF Registration: RF-00408 C/n / msn: Fatalities: Fatalities: 0 / Occupants: 9 Other fatalities: 0 Airplane damage: Written off (damaged beyond repair) Location: near Khabarovsk - Russia Phase: En route Nature: Domestic Non Scheduled Passenger Departure airport: Khabarovsk Destination airport: Samarga Narrative: The plane crashed in a forest while trying to make an emergency landing after detecting problems with the engine. www.aviation-safety.net Back to Top 3 treated after Germany-bound flight is diverted to Seattle over 'electrical smell' A flight from San Francisco to Munich, Germany, was diverted to Seattle late Thursday after an electrical smell was detected on board and three people complained of "minor irritation." The Lufthansa Flight 459 landed "safely" at 11:30 p.m. local time Thursday (2:30 a.m. Friday ET), according to Perry Cooper, a media officer with the Port of Seattle/ SeaTac Airport. "Medical crews from the Port of Seattle Fire Department are assessing three people who complained of some minor irritation," Cooper said. "The fire department is assessing what may have caused the irritation. No one is expected to be transported, and are all being treated at the airport. Nothing is physically wrong with the plane. Lufthansa will determine if the flight will continue on." Nils Haupt, head of corporate communications for Lufthansa in the Americas, said that "the pilot decided to land because of an electrical smell on board but there was no fire, just a smell." He said an airline representative was headed to the airport. http://www.nbcnews.com/travel/3-treated-after-germany-bound-flight-diverted-seattle-over-electrical- 6C10479746 Back to Top Back to Top Etihad said to be in talks for joint aircraft order Abu Dhabi's Etihad Airways is in talks with aircraft manufacturers for a potential joint aircraft order with several carriers it holds stakes in, such as Air Berlin, Air Seychelles and Jet Airways, it was reported. Analysts at CAPA - Centre for Aviation & Innovation said the move "could provide some of the carriers that Etihad has invested in an economy of scale that otherwise would be unobtainable." The report said the talks currently included Air Berlin, Air Seychelles and Jet Airways, with Aer Lingus and Virgin Australia likely to be added to negotiations at a later date. Speaking at the IATA annual general meeting in Cape Town earlier this month, Etihad CEO James Hogan said it was "early days" regarding a potential joint aircraft order. CAPA said executives from Etihad, Air Berlin and Air Seychelles had talks with Airbus and Boeing at the IATA meeting in Cape Town. Etihad's airline partners already coordinate on a number of fronts, such as joint deals on seats, in-flight entertainment systems, engines and maintenance. The three carriers will also share a simulator in Abu Dhabi and pool rotables and components, CAPA said. A joint deal is likely to involve Boeing's Dreamliner 787 aircraft, the report said. Air Berlin currently has 15 787s on order, Jet has ten and Etihad is due to receive 41 aircraft, with deliveries starting in late 2014. Etihad began buying stakes in overseas carriers in 2011 and currently owns 29 percent of Air Berlin, 40 percent of Air Seychelles, three percent of Aer Lingus, ten percent of Virgin Australia and is awaiting final confirmation to buy 24 percent of Jet Airways. An Etihad spokesperson did not immediately respond when asked to comment on the CAPA report. http://www.arabianbusiness.com/etihad-said-be-in-talks-for-joint-aircraft-order-506773.html Back to Top FAA finishes its evaluation of non-U.S. citizen trusts for aircraft ownership The Federal Aviation Administration (FAA) has made a final decision that preserves (with modest and predictable conditions) the ability to use ownership trusts to establish U.S. citizenship when registering an aircraft with the U.S. Civil Aviation Registry (U.S. Registry). Among other things, the FAA's "Notice of Policy Clarification" highlights the uniqueness of the U.S. owner-registry regime in contrast to the more common operator-registry regime used by other countries. Background-Use of Trusts by Foreign Owner-Operators In order to be listed in the U.S. Registry (and bear the coveted "N" registration), an aircraft must be owned by a "Citizen of the United States" (49 USC 44102). Aircraft owners who are not U.S. citizens seeking to secure the advantages of the U.S. Registry (including perceived safety and ease of financing) have long employed ownership trusts where the trust itself is a U.S. citizen and the non-U.S. owner is the trust beneficiary. For the trust to remain a U.S. citizen, it must itself be a U.S. entity and the trustee must have a high degree of independence from non-U.S. influence or control. Once the citizenship of the trust is established, U.S. registration is permitted and the trust beneficiary is free to operate the U.S.-registered aircraft regardless of the trust beneficiary's nationality. The U.S. owner registry system has no concern over the citizenship of the operator of an aircraft, in stark contrast to most national registries, which focus on the operator. The trustee's role as owner of the U.S.-registered aircraft is ministerial-passing correspondence to the trust beneficiary, entering into documents relating to ownership, leasing and financing and interfacing as necessary with the trust beneficiary and financiers. The FAA's decision to re-examine its policy on ownership trusts was the result of an incident where the FAA, in exercising its role as safety regulator, was unable to determine from an owner-trustee the specifics of an aircraft's operator or the aircraft's location or condition. This was not a surprise to most professionals familiar with aircraft trust operations because, as noted, owner-trustees are not actively involved in the aircraft's operations. The FAA saw this as a significant impairment of its ability to monitor the operations, control and maintenance status of the U.S.-registered fleet of aircraft. In April 2011, the FAA initiated a formal process to resolve this problem. The FAA's examination of policy impacted two major constituencies: Foreign owners of business aircraft and foreign lessors of commercial aircraft. The business aircraft community was concerned that it might lose the ability to use the U.S. registration system, and the commercial aircraft community was concerned that the efficient and well-established trust structure would be made less efficient. The resulting policy clarification achieved the FAA's objective of greater access to operator information without adversely affecting the existing uses of trusts. New Requirements-Remaining Questions The policy clarification requires that the trustee maintain current information about the identity of the operator of its aircraft, the address of the operator, the location of the aircraft records, the base of operations and the nature of its operations. As a guideline (and not a requirement), the owner-trustee should be able to provide the FAA with this information within two business days. Again, as a guideline and not a requirement, the FAA expects that the owner-trustee be able to provide more details, including specific information on aircraft operations, crew, maintenance and other records and its airworthiness status, within five business days. The FAA stresses that these requirements are flexible, and in circumstances where this information is otherwise readily available (e.g., aircraft operated by commercial airlines, or managed by a fractional ownership company), the requirements will be adapted to the situation. The practical impact of the above changes is that trust agreements are going to put very specific and detailed reporting obligations on the trust beneficiary to keep the trustee informed proactively, and will require beneficiaries to be responsive to factual inquiries from the trustee. Even with these contractual backstops, the FAA has put a spotlight on the trustee as having direct responsibility and liability for the aircraft's operation and maintenance. This additional risk will be addressed with a greater focus on insurance requirements in the trust documents (trustees being named as direct or additional insureds under liability policies, with proof of insurance being required at trust inception). The FAA's policy clarification states that to qualify a trust as a U.S. citizen, the trust must file with the FAA not only the trust agreement, but also any document "legally affecting a relationship under the trust." In effect, any ancillary document between the beneficiary and the trustee will need to be filed. The intent of this requirement is to prevent the trustee and the beneficiary from varying the control provisions of the trust agreement in a separate document, thus giving the beneficiary excessive control of the trust. Any agreement relating to the control and use of the aircraft (including any aircraft operating agreement, lease or side letters) would need to be filed. Previously, the FAA would consider the trust agreement alone and determine citizenship on that basis. In an unusual move (and a concession to the business aviation industry), the FAA has agreed to return to the applicant any ancillary documents that are submitted with the trust agreement, after they have been reviewed and provided that the trust is approved by the FAA as a U.S. citizen. The FAA will retain only a "brief summary of the review." It is not stated in the policy clarification whether this summary includes the identity of the beneficiary. This may prove troubling to beneficiaries that wish to remain anonymous because it is likely that this summary of the review can be obtained by the public through a Freedom of Information Act request. Notably, if the FAA determines that the trust does not meet legal requirements for citizenship, it will then retain the ancillary documents in order to deal with potential litigation arising from an appeal of a rejected application. Again, the policy clarification is not clear on whether the applicant can re-file revised documents and subsequently clear the file of identifying information. http://www.lexology.com/library/detail.aspx?g=02b4adcb-d36b-413e-82dd-116eb1c301e2 Back to Top OMAN Air Sponsors the Gulf Flight Safety Committee AGM Oman Air hosts the Gulf Flight Safety Committee on 10 June, sponsored by Oman Air , NEXUS Flight Operations Services and MedAire/International SOS. The Gulf Flight Safety Committee (GFSC) was originally founded in Oman in 2004 by a group of Gulf based Safety Professionals from various aviation companies located within the GCC region. This group is made up of over 250 members representing 80+ organizations within the region. The group meets quarterly to promote safety improvement initiatives, including coordination with international organizations and bodies such as ICAO and IATA. New elections during the GFSC Annual General Meeting held here in Muscat resulted in the following Executive Board; Chairman, Capt. Mohammed A. Malatani, Co-Chairman, Capt. William Mermelstein and Secretary/Treasurer Capt. Mark Trotter. "We are very pleased to have the support of Oman Air and the city of Muscat to host our Annual General meeting, and participation by the Royal Air Force of Oman and the Police Air Wing" says newly elected Chairman Capt. Malatani. As a result of this annual meeting the membership agreed to a slight name change as the Gulf Flight Safety Council to better reflect the mission and goals. Capt. Malatani also extended his thanks to Janab Al Sayyid Capt. Manin Al-Said, General Manager Quality & Safety of Oman Air for their hospitality in hosting the GFSC in Muscat, Oman. The meeting comes one day before another important regional safety event. The International Civil Aviation Organization and International Air Transportation Association (CAO/IATA) events come as an initiative under the Regional Aviation Safety Group (RASG-MID) to enhance safety in the Middle East. The purpose of Safety Management Workshop is to; share best practices and lessons learned for Safety Management Systems (SMS) and State Safety Programs (SSP); provide break-out sessions for sharing of safety data and SMS/SSP implementation; and promote safety data tools and enhance safety culture. "The Gulf Flight Safety Council is pleased to partner with ICAO & IATA in our mutual goals of promoting safety in the region" added Capt. Mohammed Malatani, General Manger Safety of Saudi Arabian Airlines (SAUDIA) and the new chairman of the GFSC. About Oman Air Oman Air is the flagship carrier of the Sultanate of Oman and an Official 4 Star Airline (Skytrax 2011). Founded in 1993, the airline has since witnessed massive growth and has played a major role in making Muscat an important traffic hub in the Middle East, supporting the commercial, industrial and tourism sectors. The airline currently operates direct international flights from Muscat to Gulf destinations, such as Abu Dhabi, Bahrain, Doha, Dubai, Jeddah, Riyadh, Dammam, Tehran and Kuwait, as well as Cairo, Beirut and Amman within the wider Middle East region. In addition, Oman Air flies to ten destinations in India (Mumbai, Chennai, Kochi, Thiruvananthapuram, Hyderabad, Delhi, Lucknow, Bangalore, Kozhikode and Jaipur), Chittagong in Bangladesh, Karachi, Islamabad and Lahore in Pakistan, Kathmandu in Nepal and Colombo in Sri Lanka. Furthermore, Oman Air flies to the Maldives, Bangkok in Thailand and Kuala Lumpur in Malaysia and operates services to Zanzibar and Dar Es Salaam in Tanzania. Its European destinations are London, Milan, Munich, Frankfurt, Paris and Zurich. Oman Air has also codeshare partnerships with Emirates Airlines giving travellers better connectivity and an extended range of services between Dubai and Muscat as well as with Qatar Airways allowing Oman Air 's customers to book flights from any of the 42 departure points within its network to Doha, the capital of Qatar. Oman Air 's fleet currently consists of four Airbus A330-200s, three Airbus A330-300s, 17 Boeing 737- 700s/800s, four Embraer E175s and two ATR 42s. Oman Air will be taking delivery of 6 new Boeing 737s as of 2014, as well as 6 Boeing 787s Dreamliners, which are scheduled for delivery starting in 2015. Oman Air 's outstanding aircraft interiors include its First Class Mini Suite, which provides each of the six First Class passengers with direct aisle access and converts to the longest lie-flat seat in the skies. The A330's 20 award-winning Business Class seats each provide direct aisle access, ample storage space and the latest technological amenities. Economy Class seats offer adjustable head and leg rests, together with surprising amounts of leg and elbow room. A state of the art in-flight entertainment system features individual seatback screens, audio and video on demand and live satellite TV. In addition, Oman Air has pioneered both mobile telephony and Internet connectivity on board its flights and this is available in all three classes. Superb new First and Business Class lounges have been opened at Muscat International Airport, featuring elegant and tranquil relaxation areas, complimentary spa treatments and à la carte dining. A lounge-to- aircraft limousine service has also been launched for First Class passengers at Muscat. Oman Air 's commitment to quality, comfort and a seamless passenger experience has resulted in international acclaim, including: Best Business Class Seat in the World (World Airline Awards 2012); Best Business Class Seat in the World and Service Excellence, Middle East (World Airline Awards 2011); Best Luxury Airline, Middle East (Business Destinations Awards 2011); Technological Innovation of the Year (Aviation Business Awards 2010); as well recognition in the TravelPlus Amenity Bag Awards 2010 (three Gold, one Silver), the Cellars in the Sky Awards 2010 (Silver), the KLIA Awards 2011, the 2009 Vision Awards (one Silver, one Bronze) and the Travel Industry Club Awards 2010 (Silver), TTG Travel Award 2011 as Commended Airline of the Year, Best In-flight Connectivity & Communications award in The 2011 Passenger Choice Awards in Seattle USA, The Airline of the Year Award at France's Lauriers d'Or du Voyage d'Affaires, Top Resa 2011 in addition to the Best First Class Female Amenity Bag and the Best Business Class Unisex Amenity Bag at the TravelPlus Airline Amenity Bag Awards 2011. Oman Air was awarded The Best Business Class Airline, Middle East at the Business Destinations Travel Awards 2012. www.omanair.com Curt Lewis