Flight Safety Information November 19, 2014 - No. 235 In This Issue U.S. aviation safety board says FAA can enforce rules on drones Big changes for bush pilots as Civil Aviation Safety Authority shake-up continues FAA unlikely to upgrade India's air safety rating soon Progress on NextGen aviation system is said to be 'stalled' PRISM TO HELP PREPARE FOR E-IOSA 'Flying Doughnuts': Airbus Files Patent For A New Kind Of Plane AIRCON3 - Pre-Conference Workshop Upcoming Events U.S. aviation safety board says FAA can enforce rules on drones Nov 18 (Reuters) - The U.S. aviation safety board ruled on Tuesday that the Federal Aviation Administration has the authority to apply to unmanned aircraft its longstanding regulations against "reckless or careless use" of manned aircraft. As a result of the decision, which was the National Transportation Safety Board's (NTSB) first involving an FAA fine against a drone, the case will be sent back to an administrative law judge to determine whether the flight in question was "careless or reckless." The case has been watched closely for indications of the FAA's ability to enforce regulations against the commercial use of unmanned aircraft. The FAA is developing specific regulations for such aircraft but has effectively banned their commercial use except when operators are granted special exemptions. In September, it granted an exemption to a group of film and television production companies. The NTSB case involved use of an unmanned aircraft in 2011 to make a video for the University of Virginia. The FAA fined the remote pilot, Raphael Pirker, $10,000. Pirker appealed the fine and filed a motion to dismiss the case. The lawyer for Pirker said he disagreed with the NTSB's decision and is reviewing options. The ruling only concerned whether unmanned aircraft are subject to rules on reckless operation, said Brendan Schulman, a lawyer at Kramer Levin Naftalis & Frankel LLP in New York. "The more significant question of whether the safe operation of drones for business purposes is prohibited by any law was not addressed," he said, adding that the question is pending in a separate case that Kramer Levin also is handling. The NTSB ruling is likely to prompt more companies to seek exemptions from FAA regulations to operate small unmanned aircraft, weighing less than 50 pounds, said Jonathan Hill, a lawyer at Cooley LLP in Washington, D.C., who represented the television and film companies that won an exemption. "This may slow down the implementation of commercial aircraft" in U.S. airspace, he said, because many more people will seek exemptions. About 150 exemption requests are pending with the FAA, which has limited staff to handle them, he said. The FAA contends that Pirker had, among other movements, flown his model aircraft, a Ritewing Zephyr, "directly towards an individual standing on a ... sidewalk, causing the individual to take immediate evasive maneuvers so as to avoid being struck." The administrative law judge found in March that the FAA did not have enforceable regulations against reckless use of unmanned aircraft, prompting the FAA to appeal to the NTSB. The judge, Patrick Geraghty, found that the FAA had said in 1981 and 2007 that it excluded model aircraft from its regulations on aircraft. In Tuesday's decision, the NTSB found that current U.S. regulations define aircraft as "any device ... used for flight in the air." That definition, the NTSB said, applies to "any aircraft, manned or unmanned, large or small." The FAA welcomed the NTSB's decision, saying it affirmed the agency's position that it "may take enforcement action against anyone who operates a UAS (unamanned aircraft system) or model aircraft in a careless or reckless manner." The agency said the proposed civil penalty against Pirker should stand and it "looks forward to a factual determination by the administrative law judge on the 'careless or reckless' nature of the operation in question." The NTSB board voted unanimously in favor of the decision. The board currently has four members, down from five when at full strength. (Reporting by Alwyn Scott, additional reporting by Eric Beech; Editing by W Simon, Meredith Mazzilli, Cynthia Osterman and Peter Galloway) http://www.reuters.com/article/2014/11/18/usa-drones-fine-idUSL2N0T810H20141118 Back to Top Big changes for bush pilots as Civil Aviation Safety Authority shake-up continues The Civil Aviation Safety Authority is going through a huge shake-up of licensing and management. It will bring Australia into line with international regulations and it will also bring all the licensing information into an electronic system. The change is causing some nervousness amongst country pilots and private pilots who aren't comfortable with increased levels of bureaucracy and regulation. Matt McKay, team leader of safety for CASA, has been conducting information sessions for rural pilots to explain how the changes will be introduced. He says he can understand the confusion and concern but he's confident the end result will be worth it. "In the transitional phase there are some complications... but for the vast majority it's a reasonably simple change over," Mr McKay said. But he says there has been more difficulty in introducing changes for commercial pilots. "For people who had existing privileges that has to be captured in new licences and ratings, and that's proving to be difficult in some situations." There is a move away from writing data into log books and a lot of data will ultimately be stored electronically. "It will now all be stored by the CASA data base." http://www.abc.net.au/news/2014-11-19/casa-bush-pilots/5902626 Back to Top FAA unlikely to upgrade India's air safety rating soon New Delhi: US aviation safety regulator Federal Aviation Administration (FAA) has said it is unlikely to upgrade India's air safety ratings in a hurry, a stand that will disappoint the Indian government, which was expecting a quick resolution of the crisis, and could affect the plans of both existing and new Indian airlines. FAA downgraded India's safety ranking in January to Category II, finding regulatory oversight to be inadequate in a December audit in a move that blocked Air India Ltd and Jet Airways (India) Ltd from expanding to US cities or collaborating with US airlines. A team from FAA is visiting India between 8 and 12 December and a Directorate General of Civil Aviation (DGCA) official said a decision on a possible upgrade would be taken by January. "We will have the results by January," added a person who declined to be identified. "We are very well prepared." FAA spokeswoman Alison Duquette struck a more cautious note and said the reversal of the downgrade could take much more time. "The Federal Aviation Administration will begin a reassessment of India's civil aviation authority in December, which may take several months, " Duquette said in an email from Washington. DGCA was called upon by the European Aviation Safety Agency (EASA) to make a presentation to a safety board in Europe. "That has, however, been cancelled as we have impressed upon the improvements that we have brought in," the DGCA official said, requesting anonymity. "We sent a team to EASA recently, which has made a detailed presentation to them. They are satisfied." EASA and FAA work closely together, the official said, and hinted that FAA would communicate its findings on the work done by DGCA to the European safety agency. That means the FAA audit, if it doesn't go well, could cause EASA to consider auditing any of the Indian airlines that fly into European airspace and blacklisting them if found not up to the mark in terms of air safety. "The FAA and European Aviation Safety Agency share the common goal of ensuring the highest aviation standards," Duquette said. Ilias Maragakis, spokesperson for EASA, did not respond to an email seeking comment sent last week. While downgrading India, FAA had cited a lack of trained DGCA officials, the absence of documented procedures for inducting new types of aircraft, and a shortage of flight inspectors to monitor India's growing number of airlines. Consulting firm Wicks Group Pllc, which employs retired FAA officials, is helping DGCA in streamlining its process even as it keeps FAA informed of the progress. One of the changes has been the creation of a new flights standards directorate within DGCA as required by FAA. A second DGCA official, who also asked not to be identified, seemed to think this has only complicated matters by creating "another power centre". This person said that the new directorate is behind the delay in granting Vistara's licence. Vistara, the airline of Tata-SIA Airlines Ltd, and AirAsia India were both expecting to be able to fly to the US once the government relaxes the current requirement that only airlines with five years of domestic track record and at least 20 aircraft would be allowed to fly overseas routes. Aviation minister Ashok Gajapati Raju said on 10 November, while announcing a draft civil aviation policy, that he believes the rule doesn't make sense and should go. Vistara said it hoped the audit is cleared soon. "We are hopeful that India will soon restore its Category I status," a Vistara spokesperson said in an email. AirAsia India declined to comment. An air safety expert said DGCA has made superficial changes. "One of the main concerns of FAA was the flight standards directorate and its ability to carry out genuine surveillance audits. Replacing seconded flight operations inspectors with superannuated ones, who underwent a training that normally takes a year in less than a month, is not likely to convince anyone that DGCA is genuine in its efforts," said Mohan Ranganathan, an air safety analyst and former member of the government-appointed Civil Aviation Safety Advisory Council. Air India has about 21 weekly flights between India and the US, and Jet Airways seven, while other Indian airlines fly mostly to South-East and West Asia. "We are hopeful we will get back," aviation minister Raju said. The draft aviation policy does not mention ways to strengthen DGCA and its workforce, the key reason India was downgraded and clubbed with Ghana, Indonesia, Uruguay and Zimbabwe. http://www.livemint.com/Politics/bYoFTgW6JrsT9wyIrwkd0O/FAA-unlikely-to-upgrade-Indias-air-safety- rating-soon.html Back to Top Progress on NextGen aviation system is said to be 'stalled' The multi-billion-dollar program intended to revolutionize air travel in the United States is "stalled," "broken" and not going to materialize "any time soon," three frustrated members of Congress said at a hearing Tuesday. At a cost of an estimated $40 billion to be shared by the government and the airline industry, the creation of a system known as NextGen has been entrusted to the Federal Aviation Administration, an agency renowned for its cautious and methodical implementation of change. "It's just apparent that the process is broken," said Bill Shuster (R-Pa.), House Transportation Committee chairman. The FAA is "moving at a snail's pace. We've got to get these things up and running." NextGen, or Next Generation Air Transportation System, is a vast interlocking array of technology that promises to reduce delays, fuel use and carbon footprints, while allowing for projected growth in the airline industry. The FAA, which said it would launch NextGen a decade ago, was not invited to testify before the committee Tuesday. A committee spokesman said FAA Administrator Michael Huerta would be asked to appear before the panel as it continues to explore a new funding authorization for the agency. Judging from the frustration expressed by committee members Tuesday, Huerta can expect what will be a rocky day. Rep. Mark Meadows (R.-N.C.) recalled an earlier visit by Huerta and his deputies. "When we ask for deadlines, when we ask for time frames, I see sweat pop out on their foreheads. There's not an answer," Meadows said. Setting deadlines, meeting goals and persuading the airlines that both will be achieved is critical to the success of NextGen. While airlines began to invest in some of the equipment the system requires, fear that the FAA will falter has made them cautious of heavy spending. "Business leaders are concerned about the slow and uncertain pace of FAA efforts," said John Engler, the former Michigan governor who now heads the Business Roundtable, an association of chief executive officers of leading U.S. companies. While Lee Moak, president of the Air Line Pilots Association, said that NextGen was "on the verge of becoming a success story," few members of the committee were prepared to embrace that belief. "I think NextGen is either in a stall or a reverse. That's not acceptable," said Rep. John L. Mica (R.-Fla.), the former chairman of the House Transportation Committee. Mica said he stepped down with "a sigh of relief" that no major domestic airline accident had occurred during his tenure as chairman. Alluding to the safety enhancements promised by NextGen, he said, "The clock is ticking. It can be an air traffic controller, it can be a pilot error." The challenge of replacing a 20th-century radar-based system with a technologically efficient GPS-based system was described as out of reach by Del. Eleanor Holmes Norton (D-D.C.), a non-voting member of Congress. "We're not going to do that anytime soon," said Norton, who reacted to repeated reminders from those testifying that the United States has the safest aviation system in the world. "I believe we have a safe system because you slow things down to make it safe," she said. "That 2020 date [for partial implementation of NextGen] that was set some time ago is a fiction. It's better to have that sort of candor than to have people being angry at the airport. Be candid so that the public does not expect anything but slow-downs for the foreseeable future." NextGen has been described as the antidote to gridlock in the air travel system, which is projected to be serving 1 billion passengers a year by 2021. With the help of GPS, planes would be able to safely travel packed skies closer to other planes. They would be able to fly direct routes, unlike in the current system, which relies heavily on flying to waypoints before turning to a final destination. Direct routing would allow airlines to save billions in fuel costs and minimize pollution. It also would permit far more precise choreography of planes at airports, reducing the amount of fuel wasted waiting for takeoff or burned because planes ready to land are diverted into holding patterns. For passengers, NextGen would cut flight delays, eliminate time spent on the runway waiting to take off and shorten the flight time once airborne. In addition, fuel savings might result in lower ticket prices. http://www.washingtonpost.com/local/trafficandcommuting/progress-on-nextgen-aviation-system-is-said- to-be-stalled/2014/11/18/fd77f58c-6f49-11e4-ad12-3734c461eab6_story.html?tid=hpModule_308f7142- 9199-11e2-bdea-e32ad90da239 Back to Top Back to Top 'Flying Doughnuts': Airbus Files Patent For A New Kind Of Plane Airbus has filed a patent for a new plane that looks decidedly more Star Trek Enterprise than airplane. The Financial Times dubbed it "flying doughnuts." According to the patent application, the craft would address a long-standing problem for plane designers - pressurized cabins, which stress planes on the front and back ends and require heavy, reinforced frames. The patent says the new design would distribute that pressure in a way that would be more "economic and efficient." Airbus says the design also has an additional benefit: Seating passengers in a circle, doughnut-style, allows for more fliers than the old-fashioned paper-towel-holder-with-two-wings. "An approximately cylindrical geometry limits possibilities for increasing the passenger carrying capacity of the aircraft," the patent says. Airbus spokesman Justin Dubon, though, told NPR that the design is not currently in production - and may never be. Dubon says the company files more than 600 patents every year. "Some of these become the seed for other ideas with practical use," he says. Still, Dubon says, "There are some very clever people here that have fantastic ideas. And who knows? Maybe one day they will come to light." In the meantime, Airbus may want to start redesigning the drink carts to handle curves. http://www.npr.org/blogs/thetwo-way/2014/11/17/364708388/flying-donuts-airbus-files-patent-for-a- new-kind-of-plane Back to Top Pre-Conference Workshop: Thursday, January 15th: Investigations in support of Safety Management Systems (SMS): The International Civil Aviation Organization (ICAO) defines SMS as "A systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures." Most Civil Aviation Authorities support the implementation of SMS in aviation training organizations and service providers. Many also include the provisions for a Safety Manager within those safety programs. This workshop will investigate the attributes of a supportive Safety Culture along with the competencies and skill-sets required of the Safety Manager to appropriately collect, analyze and take actions on safety information. The outcomes of this workshop will be assembled and distributed to participants in order for their consideration for inclusion into existing and future aviation programs and curricula. Workshop Leaders: Stewart Schreckengast, PhD, Senior Lecturer, Aviation Department, University of South Australia & Douglas Drury, PhD, Senior Lecturer, Aviation Department, University of South Australia are hosting. Free conference add on- but space is limited. Sponsored by the Robertson Safety Institute Registration Back to Top Upcoming Events: ICAEA-ANAC-CIPE Aviation English Workshop. Buenos Aires, Argentina. International Civil Aviation English Association Workshop, hosted by Argentina ANAC and CIPE. "Skills and competencies needed in aviation communications: The Latin American Challenge." Open to anyone interested in aviation English. Nov. 20-21, 2014. www.icaea.aero 2014 Global FOD Prevention Conference Birds, Bolts, Budgets - Tracking the Dangers of Foreign Objects and What We Can Do About It Reagan National Airport 2 December 2014 www.stopfod.com ERAU UAS FUNDAMENTALS COURSE December 9 - 11, 2014 ERAU Daytona Beach Campus, FL www.daytonabeach.erau.edu/uas Event: "The Future of Regulation of SMS and QA" Symposium. Keynote: Mr. Martin Eley, Director General Transport Canada. Location: Coronado Resort Hotel @ Disney World, Orlando Florida. Date: Jan 4-6, 2015 info: http://www.dtiatlanta.com/symposium.html A3IR CON 2015 January 16-17, 2015 Phoenix, AZ http://commons.erau.edu/aircon/2015/ Air Charter Safety Foundation (ACSF) NTSB Training Center, Ashburn, VA March 10-11, 2015 www.acsf.aero/symposium FAA Helicopter Safety Effort three-day safety forum April 21-23, 2015 Hurst, Texas eugene.trainor@faa.gov www.faahelisafety.org IS-BAO Workshop Information and Registration 2 - 3 Dec. 2014 Orlando, FL USA 6 - 7 Dec. 2014 Dubai, UAE 13 - 14 Jan. 2015 Baltimore, MD USA https://www.regonline.com/CalendarNET/EventCalendar.aspx?EventID=1592658&view=Month Curt Lewis