Flight Safety Information October 25, 2013 - No. 221 In This Issue NTSB ANNOUNCES INVESTIGATIVE HEARING ON ASIANA FLIGHT 214 Santa Monica plane crash: NTSB releases preliminary findings Bodies, Black Box Found After Swiss Fighter Jet Crash FAA Wants Boeing Lightning System Checks No injuries after aircraft experiences landing gear failure in Homer Aviation safety at risk amid claims, counter claims (Nigeria) Pilots caught drunk a 2nd time may be banned for two years, not five (India) In OT case, judge says Alaska pilots aren't learned professionals but hourly workers Think ARGUS PROS NTSB ANNOUNCES INVESTIGATIVE HEARING ON ASIANA FLIGHT 214 Agency provides third investigative update on San Francisco crash ________________________________________ October 25, 2013 WASHINGTON - The National Transportation Safety Board is convening a 2-day investigative hearing to discuss the ongoing investigation into the crash of Asiana Airlines Flight 214 and to gather additional factual information. The hearing, which will be held December 10-11, 2013, at the NTSB's Board Room and Conference Center in Washington, DC, will focus on pilot awareness in highly automated aircraft, emergency response, and cabin safety. Parties participating in the investigative hearing will be announced at a later time. Below is an update of the ongoing investigation. This is a factual update only and no interviews are being conducted. * The investigator-in-charge and investigators from the Operations and Human Performance Group traveled to Korea and met with officials from Asiana Airlines and the KARAIB. While in Korea, investigators conducted numerous interviews with Asiana management and training personnel, observed Asiana procedures in a simulator and an exemplar aircraft, and gathered further documentation on airline training and policies. * NTSB investigators from the Maintenance Group also traveled to Korea and reviewed the records for the accident airplane, including the maintenance that had been performed on the evacuation slides. * The Survival Factors Group conducted an examination of the evacuation slide/raft systems at the manufacturer's facility in New Jersey and is planning future testing of the systems. The group also re- examined the wreckage to gather additional information about the fire propagation and structural damage. Following that examination, the wreckage was sectioned and moved to a secure storage facility. * Investigators and party members met in Seattle to examine the recorded flight data and compare it to the expected airplane systems operation. The Systems Group is currently developing a test plan for the mode control panel and the Vehicle Performance Group is finalizing the event simulation match. Further investigative updates and investigative hearing information will be issued as events warrant. For the latest, follow the investigation on Twitter at @NTSB, or on our website at ntsb.gov. Sign up for news releases at http://www.ntsb.gov/registration/registration.aspx. Contact Information ________________________________________ Office of Public Affairs 490 L'Enfant Plaza, SW Washington, DC 20594 Keith Holloway (202) 314-6100 keith.holloway@ntsb.gov www.ntsb.gov Back to Top Santa Monica plane crash: NTSB releases preliminary findings The tires of a twin-engine Cessna that crashed at Santa Monica Airport last month were inflated and showed no signs of unusual wear, federal investigators have determined, debunking an early theory on what may have caused the plane to veer off the runway and into a hangar. There was also no debris on the runway, and the Federal Aviation Administration control tower reported that the pilot "did not express over the radio any problems prior to or during the landing," according to a preliminary report on the Sept. 29 crash released this week by the the National Transportation Safety Board. Everyone on board was killed when the plane touched down, veered right off the runway, hit a runway sign and crashed into a storage hangar, bursting into flames and collapsing the building. The four victims were Mark Benjamin, 63, his son Lucas Benjamin, 28, the younger Benjamin's girlfriend Lauren Winkler, 28, and Kyla Dupont, 53. The Benjamins, Winkler and Dupont were returning to Santa Monica from Hailey, Idaho, a frequent trip Mark Benjamin made as a member of the Idaho Conservation League's board of directors. He also owned a second home in Ketchum, which is about 12 miles north of Hailey. According to the league, Mark Benjamin last month shuttled fellow board members on his private jet to Boise, Hailey, Idaho Falls and finally Santa Monica. The NTSB's investigation began the night of the crash, and its officials began inspecting the plane the day after. The probe was put on hold for more than two weeks when most federal workers were furloughed during the recent government shutdown. Investigators restarted their work last week, agency spokesman Keith Halloway said. Rep. Henry A. Waxman (D-Beverly Hills) asked Deborah A.P. Hersman, who heads the NTSB, to broaden the agency's investigation beyond determining the cause of the crash, requesting that the agency also look into airport safety concerns raised by those living near the facility. Hersman said she would take Waxman's request under advisement. http://www.latimes.com/local/lanow/la-me-ln-santa-monica-plane-crash- 20131024,0,294388.story#axzz2idk4uU33 Back to Top Bodies, Black Box Found After Swiss Fighter Jet Crash Rescuers have recovered the bodies of the two people who were on board a Swiss F/A-18 Hornet fighter jet that crashed into a mountainside Oct. 23. GENEVA - Rescuers have recovered the bodies of the two people on board a Swiss army fighter jet that crashed into a mountainside, as well as the aircraft's black box, the defense ministry said Thursday. "Both people onboard the F/A-18 fighter jet that crashed yesterday have been found dead," the ministry said in a statement. The F/A-18 Hornet fighter jet was one of two that took off in the canton of Bern on Wednesday for a training mission, but it crashed shortly after into a cliff overlooking a branch of Lake Lucerne. A professional air force pilot and his passenger, an air force doctor taking part in the training exercise, were killed in the crash. Rescue workers had recovered both bodies and an autopsy had been ordered, the defense ministry said. The aircraft's black box had also been salvaged and was being examined. Depending on the condition of the box, the examination could take "days or even weeks," the ministry added. The army has launched an investigation into why the crash happened and has temporarily suspended all flights by its fleet of McDonnell Douglas single- and double-seated F/A-18s, which before Wednesday's accident counted 33 fighters. Another of the Swiss Hornets crashed in Crans-Montana in the south of the country in 1998, killing both pilots. http://www.defensenews.com/article/20131024/DEFREG01/310240020/Bodies-Black-Box-Found-After-Swiss- Fighter-Jet-Crash Back to Top FAA Wants Boeing Lightning System Checks Agency Move Prompted by Corrosion Found on Some 777s By ANDY PASZTOR U.S. aviation regulators want enhanced inspections and replacement of some parts on Boeing 777 airliners, to ensure the jets are adequately protected from the dangers of lightning strikes. Prompted by potentially hazardous corrosion of portions of lightning-protection systems found on seven of Boeing Co. BA -0.03% 's widely-used 777s, the Federal Aviation Administration on Friday will formally propose stepped-up safeguards affecting 130 of the planes flown by U.S. carriers. Eventually, foreign regulators are likely to call for the same fixes on hundreds of additional aircraft. FAA documents indicate that "severe corrosion" found on seven relatively young planes--roughly seven or eight years old--was caused by moisture leaking under sealant used on various flight-control surfaces. The agency also is calling for replacement of certain parts that help attach those movable panels to the tail. In the event of a lightning strike, such corrosion combined with the installation of certain types of brackets could damage electronic controls used to move panels attached to the tails of various versions of the 777. The result, according to the FAA, could "result in the loss of the ability to command individual flight control surfaces" or cause them to move on their own. A Boeing spokeswoman said the Chicago plane maker "fully supports" the agency's move, which seeks to mandate actions voluntarily proposed by the company over the years. An FAA spokeswoman couldn't immediately be reached. The FAA's proposed safety directive indicates that the brackets and sealant are part of a system that "prevents excess lightning energy from traveling to the primary" electrical controls that move the tail surfaces. If the system fails to work properly, a lightning strike could cause a high-voltage spike to damage the controls. Since 2001, Boeing has issued a series of non-binding service bulletins dealing with the issue. The FAA last year issued a mandatory directive to replace some parts. The latest FAA proposal goes beyond that directive and calls for repeating certain inspections every two years. http://online.wsj.com/news/articles/SB10001424052702304069604579156283452441174 Back to Top No injuries after aircraft experiences landing gear failure in Homer The landing gear on an Era Alaska aircraft failed when the plane, with 15 people aboard, hit the runway at the Homer Airport Wednesday afternoon. There were no injuries when the Beechcraft 1900 landed and its wheels collapsed around 3:30 p.m., according to Clint Johnson, an investigator for the National Transportation Safety Board. Johnson said there were 13 passengers and two pilots on the plane flying from Anchorage to Homer. NTSB is currently investigating the crash, Johnson said. He said they will likely pull the cockpit voice recording and review that information. http://www.adn.com/2013/10/23/3139520/no-injuries-after-aircraft-experiences.html#storylink=cpy Back to Top Aviation safety at risk amid claims, counter claims (Nigeria) Just as rumours that the Nigerian Civil Aviation Authority (NCAA) and Associated Airlines were culpable in the October 3, 2013 air crash, as stakeholders claimed their safety officers had suddenly relaxed from theit duties, the Accident Investigation Bureau (AIB) released a preliminary report of the accident, blaming pilot error. According to the report, "both pilots expressed concern over the state of the aircraft before taking off, adding that the co-pilot concerns suggest strongly that the aircraft was not in good state. "...This aircraft behaviour appears to have resulted in the Air Traffic Controller asking flight 361 if operation was normal," Muktar Usman, commissioner at the AIB said. The foregoing, according to analysts suggests that "there are lapses in the duties of both NCAA inspectors and quality and safety officers of the airline because no officer detected any fault with the aircraft before take-off or it was probably not checked. "Maintenance is a major killer in the sector but every airline has a quality and safety department which should check all operating aircraft before take-off, apart from the NCAA inspectors who usually come to the ramp," Dung Pam, a former pilot with Nigeria Airways said. Apart from maintenance issue which burdens the airlines, analysts claim the "overbearing influence of the Ministry of Aviation on the NCAA in recent times, has put safety at its lowest ebb and eroded the agency's autonomy because it seems everything. "All over the world, Civil Aviation Authorities (CAAs) are autonomous because of the kind of critical and sensitive job of safety entrusted in them but in Nigeria; the autonomy is just on paper because the NCAA can no longer act alone and that is seriously affecting safety of airlines and passengers," a stakeholder said. John Ojikutu, a retired airport commandant and air traffic controller said "recent events have shown that the roles provided for by the Civil Aviation Act of 2006 have been taken over by the Ministry and that explains the confusion in the sector. The NCAA has been inappropriately silent on issues it is supposed to have a say in. He said "there is need to immediately reverse some unilaterally imposed policies on the sector and the over- commercialisation of safety and security regulations that are collectively stiffening and distressing the operators and exploiting travellers." As it is now, only four domestic airlines are operating out of the seven airlines in existence about three months ago. The airlines are gradually going under as there is no assurance that that passengers would get to their destinations safely on every flight. Analysts are also expressing pessimism about the $500 million lifeline being expected from the Central Bank of Nigeria (CBN) to salvage the airlines operations. Ojikutu raised an alarm that if the NCAA is not left to do its job, Nigeria's fate might be reversed to the days of fatal air disasters like in 2005 and 2006. "We have gone through this path before in the days of self regulations that resulted in the air disasters of 2005/2006. They should allow the regulatory agency to be independent while government operators operate as commercial entities under the surveillance of the economic regulations," he said. A swift step taken by the Ministry after the crash was the grounding of Dana Air's operations which raised dusts because Dana was not in the picture of the crisis. However, eight days later, Fola Akinkuotu, the NCAA director general, claimed, "We will be doing a joint audit of all the airlines with a foreign firm to reassure the travelling public. We are putting in place regulations that will allow airlines have International Operational Safety Audit (IOSA) audit. It will now be compulsory for airlines as a way forward." A question that readily comes to mind here is why it has suddenly dawned on government that the airlines need to be audited to know their financial status and why it should wait for irreparable disasters before it acts swiftly? These and many other questions according to stakeholders, are what would be going on in the minds of international observers as "the scenario has put to test the safety of the sector which was once adjudged high by the United States-Federal Aviation Administration which awarded it Category One certification three years ago. "I am sure the US is watching the drama as it unfolds daily. You know it is possible for it to withdraw the much coveted certification because it has happened to other countries like Israel before. I pray Nigeria does not misplace this as it toys with safety," Tunde Adegbaju, a stakeholder said. As that was going on, revelations came that Stella Oduah, Aviation Minister who claimed to have done everything possible to avert crashes had allegedly ordered the NCAA to cough out N225 million to buy her two BMW armoured cars even when the agency is only being sustained on funds from 5 percent ticket sales. Joe Obi, special assistant to Oduah had defended her, saying that "a lot of entrenched interests felt that they had been dislocated from the sector during the reforms. So those vehicles were purchased in response to ...the personal threats to her life because of the giant steps she has taken to reposition the sector." "But this is an Agency that is now cash strapped and can no longer send inspectors to inspect any aircraft that must be taken into the country. "This is an Agency that can no longer send its inspectors and pilots for training. This is an Agency whose staff now go for training with their money only to come back and wait to be reimbursed. "How many Ministers like her would need two bullet proof cars at N255 million, talk of Ministry of Petroleum, Finance, Defence, Works and Education or Inspector General of Police? The Ministry is surely not serious in its defence of this scandal. The Ministry's defence is nothing but escapist. "So many auditors cannot conduct audit because they have not been paid; the NCAA inspectors have not been paid last year's allowances; they do not have money for recurrency training; these are the money that they should have used for training; those that have gone for training in Manchester went with their money."Many airports perimeter fences are not installed; some airports have no runway lights; many airports security gadgets have not been fixed; yet the Minister is protecting herself rather than protect the sector she is supposed to oversee," Ojikutu lamented. http://businessdayonline.com/2013/10/aviation-safety-at-risk-amid-claims-counter-claims/ Back to Top Pilots caught drunk a 2nd time may be banned for two years, not five (India) Hindustan Times New Delhi - According to a new Directorate General of Civil Aviation (DGCA) proposal, pilots and cabin crew caught drunk a second time before operating a flight could get away with a lighter punishment. The proposition is to bring down the punishment for a second offence from five to two years. As per present rules, crew failing the breath analyser test the first time is grounded for three months while a second offence results in grounding for five years. The aviation regulator has proposed that crew caught drunk the second time is suspended for two years while those caught the third time be suspended for five years. "Coming drunk is a criminal offence that should not be condoned. If the DGCA is diluting rules it shows they have no concern for safety," said aviation safety expert Captain Mohan Ranganathan. In most western countries such an offence would land the pilot in jail, he said. DGCA has suggested that no crew member shall consume any drug or use any substance (mouthwash, tooth gel), which has alcoholic content and those undergoing medication shall consult the company's medical expert before undertaking flying assignment. The regulator has proposed that even aircraft maintenance personnel be subjected to alcohol tests. "Aircraft maintenance personnel authorised for taxiing aircraft shall be subjected to breath analyser check for alcohol consumption before undertaking any taxi operation of the aircraft," say the draft rules. http://www.hindustantimes.com/india-news/pilots-caught-drunk-a-2nd-time-may-be-banned-for-two-years- not-five/article1-1139769.aspx Back to Top In OT case, judge says Alaska pilots aren't learned professionals but hourly workers Are pilots "learned professionals"? A federal judge in Anchorage has ruled that they are not, no matter how remote or white-knuckle their flying conditions may be, meaning that pilots are entitled to overtime pay when they work more than 40 hours a week. The question arises from a lawsuit filed in 2011 by current and former North Slope Borough search-and- rescue pilots who contend that they are owed overtime pay for work in the skies over Alaska's northernmost region (McCoy v. North Slope Borough, U.S. District Court, 3:13-cv-00064-SLG). The nine pilots suing for overtime pay insisted they are not learned professionals -- a category reserved for attorneys, certified public accountants, and others with academic and intellectual credentials. Employers need not give overtime pay to learned professionals under federal labor law. The borough contended its search-and-rescue pilots are exempt professionals who have gone through "a prolonged course of specialized instruction in a field of science and advanced knowledge" that goes well beyond the training given to typical pilots, according to a motion filed earlier this year by the borough, a rare local government with its own fleet of search-and-rescue aircraft. U.S. District Court Judge Sharon Gleason sided with the pilots on that question. She based her Aug. 26 ruling in part on a 2010 decision by the Third Circuit Court of Appeals issued in the case of two helicopter pilots employed by the Port Authority of New York and New Jersey. But the search-and-rescue pilots should not be expecting any extra pay just yet. Gleason, in the same ruling, agreed with the borough that "highly compensated" pilots -- those making at least $100,000 a year -- are not entitled to extra compensation for overtime work. The U.S. Department of Labor rules grant overtime exemptions to employees with that level of annual pay. Now the lawsuit, which promises to have implications for professional pilots around Alaska, has reached an accounting phase. The sides are reviewing work hours, pay received to date and what counts toward the $100,000-a-year threshold. Under provisions of Gleason's order, those calculations are complicated by two- week-on, two-week-off rotational work schedule that the pilots began in 2004. Those rotations were started at the urging of the pilots, the borough said in one of its motions, because some did not want to live in Barrow full-time, or their spouses were unwilling to move there. The case had been scheduled for a jury trial to start Oct. 21, but the trial has been postponed indefinitely. The parties were in court Monday to hash out future deadlines and schedules. Attorneys in the case declined to comment on the record. The borough now is seeking to hire at least one new pilot for its Search and Rescue Department. Pay is $2,954.03 biweekly; overtime pay, presumably, would add to that. http://www.alaskadispatch.com/article/20131023/ot-case-judge-says-alaska-pilots-arent-learned- professionals-hourly-workers Curt Lewis