Flight Safety Information January 6, 2016 - No. 004 In This Issue NTSB Rules Cocaine Played Role in Plane Crash That Killed Father, Teen Daughter 2 killed in plane crash at Idaho-Wyoming border Air transport safety reached new peak in 2015: Ascend Spatial disorientation overwhelmed Kazan 737 crash crew United Airlines jet slides off taxiway at Spokane International Faulty aircraft: Pilot finds hole in Shaheen Air's plane This Unruly Airplane Passenger Almost Took Out The Co-Pilot Malaysia Airlines resumes checked baggage on Europe routes Woman Tries to Open Plane Door Mid-Flight, Threatens Suicide FAA announces changes to TIS-B PROS 2016 TRAINING January/February 2016 FAA Safety Briefing RAAF to convert luxury corporate Gulfstream G550 jets into Australian military spy planes FedEx Jet Fleet Pressured by Weather, While UPS Keeps on Trucking Dassault Business Jet Orders Tumble on Russia, Brazil Slumps Embry-Riddle A³IRCON Air Safety: Does The Federal Aviation Act Preempt Aircraft Design Defect Claims? Gun fight could cause turbulence for FAA bill Upcoming Events Jobs Available NTSB Rules Cocaine Played Role in Plane Crash That Killed Father, Teen Daughter The group was traveling from Chicago to Florida for a spring break getaway Cocaine was a factor in a small plane crash that killed a suburban Chicago pilot and his daughter and injured another teen in Florida in 2014, according to the National Transportation Safety Board. The pilot, Jeffrey Bronken, a 53-year-old man from north suburban Round Lake, was flying with his 15- year-old daughter, Katherine Bronken, and her friend and softball teammate Keyana Linbo. The group was traveling from Chicago to Florida for a spring break getaway in March 2014. Bronken's toxicology results were positive for cocaine, according to the NTSB, and "impairment from cocaine likely affected his preflight fuel planning abilities and en route fuel management." The investigation determined the cause of the accident was the pilot's "inadequate fuel planning, which resulted in a total loss of engine power due to fuel exhaustion." "Contributing to the accident was the pilot's impairment due to cocaine use," the report stated. Investigators said the plane had been flying for four hours and 21 minutes and was about six miles from the airport when the pilot reported a fuel emergency to air traffic control. The pilot said he would attempt to land on a highway, but the plane collided with 160-foot tall power lines and crashed in the median of a six-lane street. Katherine Bronken and Linbo were both taken to the hospital following the crash, but Bronken died days later from her injuries. Her father died in the crash. According to the report, only a few ounces of fuel were recovered from the wreckage. The plane held 48 usable gallons and consumed about 10.5 gallons per hour, which leaves it with an estimated endurance of four hours and 35 minutes, not including fuel used during taxi, takeoff and climb. http://www.nbcchicago.com/news/local/NTSB-Rules-Cocaine-Played-Role-in-Plane-Crash-That-Killed- Father-Daughter-364299401.html#ixzz3wT1tOCZW Back to Top 2 killed in plane crash at Idaho-Wyoming border IDAHO FALLS -- Eastern Idaho authorities say a 61-year-old man from Pennsylvania and a 17-year-old girl from North Carolina died in a plane crash in Idaho near the Wyoming border. Officials say Reade Genzlinger of Bryn Athyn and the girl from Chapel Hill died in the crash at about 4:30 p.m. Monday. The Bonneville County Sheriff's Office declined Tuesday to release the girl's name. The agency says the two were part-time residents of Alpine, Wyoming. Officials say Genzlinger owned the small plane (a vintage Yak 52 Russian trainer aircraft) that went down about 2 miles north of the Alpine Airport in Wyoming. The Federal Aviation Administration is investigating. http://www.ktvb.com/story/news/local/idaho/2016/01/05/palisades-plane-crash/78297834/ Back to Top Air transport safety reached new peak in 2015: Ascend Air transport operations resulted in a global fatal accident rate of just one in 5 million flights last year, the lowest figure on record. Statistics compiled by Flightglobal's Ascend consultancy arm reveal that the fatal accident rate halved, compared with the previous year, despite the loss of two Airbus jets apparently to deliberate acts. The data in its annual Airline Safety & Losses review estimates the revenue passenger fatality rate for 2015 at around one per 40 million, some four times better than the previous year. Discounting the Germanwings and MetroJet Airbus events, the highest individual fatality count was 54 resulting from the crash of a Trigana Air ATR 42 in Papua during August. The second-highest, 43 casualties, also resulted from a turboprop accident when a TransAsia Airways ATR 72 came down after take-off from Taipei in February. Ascend's annual review recorded eight fatal accidents last year, all involving turboprops from relatively small carriers, with only three accidents involving revenue passenger flights - the lowest total since 1946. If the improvement on air safety since 2010 is maintained for the rest of the current decade, it will equate to some 4,400 fewer passenger and crew fatalities than during 2000-09. For the first time last year, not a single passenger fatality was recorded on a Western-built jet, excluding those from suspected acts of violence. This was achieved against the background of the global Western jet fleet's transporting 3.7 billion travellers and conducting 32 million flights. The Ascend review also notes that Eastern-built jets suffered no fatal accidents during 2015, although it points out that the fleet has diminished greatly in comparison to Western-built types. "With so little exposure it is not surprising that the fleet has been loss-free," it adds. Western-build turboprops suffered fewer fatal accidents than in 2014 but an increase in fatalities to 117. Although overall air transport safety levels showed strong improvement, Ascend states that insurers "did not have a good year", with incurred all-risk losses of around $1.7 billion exceeding written premiums for the third year running. But it adds that, despite the situation, there is "little or no sign of the market hardening" and that current premium levels "might be considered the new normal". https://www.flightglobal.com/news/articles/air-transport-safety-reached-new-peak-in-2015-ascen- 420521/ Back to Top Spatial disorientation overwhelmed Kazan 737 crash crew Spatial disorientation could have led the pilots of an ill-fated Tatarstan Airlines Boeing 737-500 to perceive that the aircraft was flying inverted as it dived towards the ground. The crew had been attempting a go-around, in darkness, at Kazan on 17 November 2013. Russia's Interstate Aviation Committee (MAK) says the captain probably had the impression that the missed approach was being conducted automatically, not realising that the autopilot had disengaged. This impression might have arisen, it states, because the underslung engines of the 737 would have generated motion similar to that created by an automated go-around. The first officer had been pre-occupied and was not monitoring the aircraft's parameters during the initial phase of the go-around. For the first 25s of the go-around the captain made no definite control inputs. Flight-data recorder information shows the first evidence of specific action came just 18s before impact, the captain pushing forward on the control column as the aircraft's pitch increased to 25°. The 737's nose lowered but the captain continued to push on the column, putting the aircraft into a 20° nose-down attitude at 2,200ft above ground - the jet having breached the height specified for the go- around procedure. It began descending at more than 5,000ft/min. Analysis by the UK's Air Accidents Investigation Branch, aimed at assessing the effect of somatogravic illusion, concluded that the crew could have perceived that the aircraft had inverted as it transitioned rapidly from climb to descent. MAK adds that this sudden change could have momentarily generated a disorientating sense of weightlessness, causing loose items as well as dirt and dust to float freely in the cockpit. Simulation of the accident indicates that the last possible chance to recover from the dive passed about 5s before impact, when the aircraft was at a height of around 1,900ft and pitched 40° nose-down. The aircraft would have lost around 1,600ft in such a manoeuvre and been subjected to forces of 3-3.5g, but could have pulled out of the dive about 200-300ft above the ground, says MAK. But the loss of situational awareness by the crew, and the possible influence of somatogravic illusion, meant that no such recovery was attempted. Sink-rate and ground-proximity warnings did not spur the pilots to try to pull out of the dive, says MAK, but instead resulted in the "completely opposite" effect, with the control column being pushed further forward. Simulations showed the applied effort was more than 22kg. Forces generated by the increasing dive angle and rate of descent could have prevented any possibility of the first officer's taking control of the aircraft from the captain. The jet was 75° nose-down at the point of impact. MAK has detailed the results of tests on 11 Boeing 737 pilots of varied experience - drawn from five Russian carriers - intended to examine their ability to cope with a go-around under pressured conditions. These tests, carried out in December 2014, showed that only one-third of the pilots completed the missed approach procedure correctly. The exercise also revealed that the pilots had difficulty in answering questions relating to the logic of the autopilot, flight-director, and auto-throttle during an approach and go-around. "This reflects both a lack of the necessary level of knowledge, and a gap between theoretical knowledge and practical skills," says MAK. https://www.flightglobal.com/news/articles/spatial-disorientation-overwhelmed-kazan-737-crash-c- 420452/ Back to Top United Airlines jet slides off taxiway at Spokane International SPOKANE, Wash. - Spokane International Airport was temporarily closed Tuesday morning after a United Airlines plane slid off the taxiway. The plane, United Airlines Flight 812 bound for Denver, slid off around 6 a.m. from the southern end of the holding area of Taxiway A. No injuries were reported among the 175 people aboard. A stairway was brought out to the aircraft and all passengers exited the plane. plane and were bused to the terminal. "It was kind of an early morning flight like any other, I have taken many," passenger Austin Ola said. Ola was supposed to be heading to Denver on United Flight 812, the first leg of his journey to Nicaragua to do some missionary work. First the flight was delayed before it even left the gate. "Said it was a little bit icier than usual and they were putting de-icer down," Ola said. But, the deicer wasn't enough and, as the 737 taxied to its runway its wheels lost traction and the aircraft ended up sliding into the snow. "It was kind of like drifting an airplane," Ola said. "When an airplane takes off it shakes a lot. It was kind of the same feeling. Or like when you push on the brakes and you are in a car and you are on ice and it just starts to sputter along a little bit." "Oh we are sliding, then we stopped and it was like okay. And then we just kept watching TV and they had said we had hit a snow bank," passenger Sharon Brumly said. She was traveling to the East Coast to celebrate her sister's 50th birthday. After the passengers were transported back to the terminal, they flooded the United service counter, where they tried to book alternate flights out of Spokane International to make their connections. Brumly, like the other passengers aboard United 812, was stressed about trying to get to her final destination. "I had about an hour layover in Denver and then get on a plane to Washington, DC, but I had a two and a half hour in DC to get to Providence so I was okay if I was going to be a little late," Brumly said. The ripple effect was already underway as delay after delay posted up on airport flight arrival and departure monitors, then came the cancellations as the runway was shut down for nearly three hours. United eventually sent another jet from San Francisco to Spokane to get their passengers to Denver. "As long as I can get to Houston today, my plans will still be on track," Ola said. The airport resumed normal flight operations at 8:45 a.m. http://www.kxly.com/news/spokane-news/airplane-slides-off-taxiway-at-spokane-international/37272316 Back to Top Faulty aircraft: Pilot finds hole in Shaheen Air's plane PESHAWAR: The pilot of a Shaheen Air passenger plane refused to fly the aircraft after he found a hole in one of the wings of the plane seconds before departing for Saudi Arabia. An official at Bacha Khan International Airport in Peshawar told The Express Tribune around 330 passengers were scheduled to depart from the airport on flight NL-721 at 10:15pm on Monday, to reach Jeddah. However, when the pilot reached the cockpit, he saw one of the wings had a hole in it and could possibly crash seconds after taking off from the runway. The official added the passengers had their boarding passes and were on board when the pilot came to know about the fault in the aircraft. It had not been checked by the engineers. "Yes, it was found out at the eleventh hour; the pilot refused to fly the plane with a hole in one of its wings, saying it will crash within seconds," said a senior official at the airport, requesting anonymity. He added a scuffle broke out between the engineering staff and the management since the flight was ready and the passengers on board were in ihram (a sacred state which a Muslim must enter in to perform umrah). The official added some older adult passengers fell ill as it was considerably cold in the city at that time. "The passengers were eventually told the flight was delayed and would fly at 6pm on Tuesday," he said. That flight was then further delayed till 8am Wednesday (today). The official added the first flight was delayed for nearly 20 hours whereas the second one was postponed for 10 hours. Shaheen Air staff members at the airport cited technical reasons for the delay of the flight. When Station Manager Muhammad Mushtaq was contacted for his statement on the issue, he hung up and refused to respond to other calls. http://tribune.com.pk/story/1022534/faulty-aircraft-pilot-finds-hole-in-shaheen-airs-plane/ Back to Top This Unruly Airplane Passenger Almost Took Out The Co-Pilot A "confused passenger" spiraled out of control during a flight from Amsterdam to Beijing, wounding the plane's co-pilot in the process. Being above the clouds can really mess with your brain chemistry, at least that's what one might assume based on some of the unfathomable incidents that have occurred on airplanes lately. A passenger aboard a KLM Royal Dutch Airlines flight reportedly "slightly wounded" the co-pilot on the way from Amsterdam to Beijing. The incident was described as involving a "confused passenger" who "locked himself in the toilets and inflicted slight wounds on himself" and then "slightly wounded the co-pilot in one of the kitchens in the cabin." On the "bright" side of the situation that could have ended much worse, other passengers bravely subdued the unruly person despite the fact they were armed with a shop object. It's a relief they were able to stop him from hurting others and also serves as a reminder that people can ban together for the greater good. "It was a frightening situation," a Dutch passenger reportedly told De Telegraaf. The flight continued as the passenger was restrained to a seat and landed safely in Beijing. http://www.carbonated.tv/news/this-unruly-airplane-passenger-almost-took-out-the-copilot Back to Top Malaysia Airlines resumes checked baggage on Europe routes KUALA LUMPUR (Reuters) - Malaysia Airlines resumed normal check-in baggage allowances on all its flights on Wednesday after banning it temporarily due to strong head winds on the longer routes it was taking for safety reasons. The airline said it has recently had to operate a longer route to Europe, which combined with strong head winds, limited the airlines' ability to carry baggage and cargo. The airline did not elaborate on the safety reasons behind its new flight paths to Europe but one of its airliners was shot down over rebel-held territory in eastern Ukraine in 2014 with the loss of all 298 people on board. It banned checked-in baggage on flights to Amsterdam and Paris operated by its Boeing 777 aircraft. "Based on its current risk assessment, done on a daily basis, the airline is now able to take a shorter route on European flights," the airline said in a statement. All baggage is being shipped to affected customers in Europe, it added. The airline suffered two disasters in 2014. In March that year, its flight MH370 carrying 239 passengers and crew disappeared while on a flight to China and is believed to have gone down in the Indian Ocean. http://www.swissinfo.ch/eng/malaysia-airlines-resumes-checked-baggage-on-europe-routes/41876938 Back to Top Woman Tries to Open Plane Door Mid-Flight, Threatens Suicide It was terror in the skies when a distraught passenger tried to open a plane's emergency exit door mid- flight then threatened to kill herself. According to a Weibo user called @RogerStandy, the drama started when crew members noticed a woman on the Beijing Capital Airlines flight tampering with the exit door - apparently trying to open it. When the staff intervened, the woman reportedly threatened to commit suicide on the airplane. A fight then broke out, according to China Aviation Daily, when two other passengers joined in the melee. "A female passenger got up and tried to do something at the door, but was stopped by crew members," said a statement from Capital Airlines of yesterday's occurrence. Those involved were restrained and eventually arrested when the plane landed. It's not the first time a Chinese flyer has encountered trouble. Last year, China's tourism started keeping records of "uncivilized" behavior by its tourists after a string of embarrassing incidents. The China National Tourism Administration (CNTA) keeps tabs on such transgressions as "violating order on public transportation" - including flights. Some of the incidents include: In January of last year, police in southwestern China detained a group of tourists after one of them actually opened the emergency exit doors on their plane as it was pushing off from the terminal. The group reportedly was upset about the plane's long delay. In December 2014, a crying baby led to a mid-flight brawl between three women during an Air China Flight. Also that December, a Chinese woman on an AirAsia flight from Bangkok to China apparently threw a cup of hot noodles on a flight attendant as her travel companion threatened to blow up the plane. The emergency exit incident also comes days after a South Korean Jin Air flight flew for 40 minutes with one of the airplane exit doors ajar. An investigation is under way. Though no there were no serious injuries reported, according to the Associate Press, but passengers complained of headaches during the trip. https://www.yahoo.com/travel/woman-tries-to-open-plane-door-mid-flight-182147455.html Back to Top FAA announces changes to TIS-B By Elizabeth A Tennyson The FAA is preparing to implement changes to its Traffic Information Services-Broadcast (TIS-B), which provides traffic information to aircraft using Automatic Dependent Surveillance-Broadcast (ADS-B) Out and In. The changes first announced in early 2015, which are scheduled to take effect in Southern California beginning in mid-January with nationwide implementation completed by late February, are designed to ensure that aircraft carrying certified ADS-B In equipment can "see" additional traffic. The changes also eliminate any incentive for operators to equip with ADS-B Out systems that are not compatible with certified ADS-B In systems. "By making these changes, the FAA is closing a gap that has made some traffic invisible," said Rune Duke, AOPA director of airspace and air traffic. "While this is an important step that can help improve traffic awareness, pilots need to remember that they still have a responsibility to be vigilant, look outside, and maintain separation from other aircraft." Currently, aircraft emitting ADS-B Out signals that do not comply with the performance requirement of any FAA standards are invisible to aircraft receiving TIS-B information through a certified ADS-B In system. That's because certified ADS-B In systems filter from the display targets that don't meet certain quality parameters in the ADS-B message (see the link above for details). As a result, aircraft that may have improperly installed ADS-B Out systems or those with non-certified ADS-B Out systems are invisible to aircraft with properly functioning certified ADS-B In systems. The FAA estimates that its planned changes will make an additional 2,000 aircraft visible to aircraft with certified ADS-B In systems. This issue also highlights that a large number of aircraft have ADS-B Out but the avionics do not meet the requirements of the FAA's 2020 rule. Pilots can determine if their ADS-B Out system meets the FAA's standards for free by contacting the FAA which will look at previous flight data to see if the aircraft was sending the proper signals. For aircraft with "non-performing" ADS-B Out that also use an ADS-B In system, or for operators using some portable ADS-B In systems, the change will mean that their own aircraft may appear as traffic on their display, a phenomenon known as "ownship ghosting." A similar phenomenon called "target ghosting" can occur when an ADS-B In system receives both TIS-B and ADS-B information for the same target aircraft and displays both as if they were separate aircraft. Ghosting, which will be far more common with aircraft having "non-performing" ADS-B Out, has the potential to create confusion for pilots or trigger proximity alarms in some systems. Some manufacturers, including Garmin, have implemented software updates that they believe will prevent users from experiencing ghosting. Other manufacturers, including Appareo which makes Stratus, have created help pages on their websites to advise users about how to prevent ghosting. The TIS-B service, derived from transponder replies to ATC radar, is currently designed for "client" aircraft equipped with both ADS-B Out and ADS-B In. Aircraft carrying ADS-B In equipment receive data directly from nearby aircraft with ADS-B Out on the appropriate frequency (1090 MHz or 978 MHz). Those using only ADS-B In equipment (no ADS-B Out) may receive incidental TIS-B information, which could result in an incomplete traffic picture because this TIS-B information was optimized for a different "client." The traffic picture is in the shape of a hockey puck which is designed for the client aircraft, not the ADS-B In only aircraft. As a result, aircraft with only ADS-B In equipment may not receive traffic information that is relevant as it may be outside the "client's" hockey puck. In the meantime, AOPA continues to make safety and the availability of traffic information to every pilot a top priority. AOPA has responded to our member's requests and continues to advocate for all relevant TIS- B (traffic) data to be broadcast to any aircraft with ADS-B In, including to users with only portable ADS-B In systems. The association made its most recent formal request in October, and has been working with the FAA and industry through the Equip 2020 working group to make this much needed safety enhancement a reality. "At AOPA we encourage every pilot to equip with ADS-B Out, but feel strongly that TIS-B traffic information should be available to all pilots, not just those who have purchased ADS-B out equipment," said George Perry, senior vice president of AOPA's Air Safety Institute. "Currently, portable receivers only allow for a partial, incomplete traffic picture. We want to change that and help provide a more complete picture of traffic to everyone, even pilots flying with portable TIS-B receivers and an iPad." While TIS-B has limitations-it is only intended to serve as a transitional system in radar airspace while ADS-B is fully implemented and in some places traffic information updates only every 13 seconds because of radar latency, making traffic difficult to track-the benefits of allowing more pilots access to the data are clear, said Melissa Rudinger, AOPA vice president of government affairs. "When the regulation was written, technologies that are now commonplace, like tablet computers, did not yet exist," said Rudinger. "We're asking the FAA to update its rules to reflect the realities of the way people are flying now and provide a continuous uplink to give more pilots the situational awareness and associated safety that TIS-B can deliver." At the same time, she warned, pilots will need to install ADS-B Out in their aircraft in order to realize the full benefits of NextGen modernization. "Since so many pilots are already flying with iPads and other equipment that will allow them to receive TIS-B information, it just makes sense to make that information available to them," Rudinger said. "In the meantime, we're urging aircraft owners who fly where a Mode C transponder is now required as well as those who want to enjoy the full benefits of air traffic modernization to go ahead and equip ahead of the FAA's 2020 ADS-B Out mandate." The FAA reports that as of Dec. 1, 2015, 15,318 general aviation aircraft were equipped for ADS-B Out compared to approximately 160,000 GA aircraft that carry transponders. The agency says it has completed all the needed software changes to make all en route and large tracon facilities ADS-B compatible and is on schedule have all air traffic automation used to assist with separation ADS-B capable by 2020. Elizabeth Tennyson Elizabeth A Tennyson | Senior Director of Communications, AOPA AOPA Senior Director of Communications Elizabeth Tennyson is an instrument-rated private pilot who first joined AOPA in 1998. http://www.aopa.org/News-and-Video/All-News/2016/January/04/FAA-announces-changes-to-TIS-B Back to Top Back to Top January/February 2016 FAA Safety Briefing http://www.faa.gov/news/safety_briefing/2016/media/JanFeb2016.pdf Back to Top RAAF to convert luxury corporate Gulfstream G550 jets into Australian military spy planes The Gulfstream G550 has a cruise range of 12,500 kilometres and is powered by two Rolls-Royce engines. (Gulfstream) The Royal Australian Air Force (RAAF) is spending more than $90 million to convert luxury corporate jets into state-of-the-art spy planes. The ABC has learnt the high tech surveillance aircraft are due to come into service at the end of next year. A brief statement posted on the US Defense Department website confirms the project. "L-3 Communications Mission Integration, Greenville, Texas, has been awarded a $93,632,287 firm-fixed price undefinitised contract action task order (1648) for Australia Government G550 aircraft procurement and maintenance," it said. "Work will be performed at Greenville, Texas, and is expected to be complete by Nov. 30, 2017. "This contract is 100-per cent foreign military sales to Australia." Peter Jennings from the Australian Strategic Policy Institute said he is not surprised the RAAF has chosen the option. "The Gulfstream is smaller, faster, takes fewer crew so it's cheaper to operate." Peter Jennings, Australian Strategic Policy Institute. "Turning this aircraft from a business jet into something that can potentially be used for surveillance and electronic information gathering and I suspect that's the major intent behind this," he said. The G550 is a luxury corporate jet boasting the ability to fly more than 12 hours nonstop, and over 12,000 kilometres. It is powered by two Rolls Royce engines, can carry up to 18 passengers and operates out of short-field, high-altitude airports, meaning it could spy on remote and difficult locations such as Afghanistan. Australia's current P3 maritime surveillance aircraft are due to retire in 2018, and will be eventually be replaced by the P8 Poseidon and Triton. "The Gulfstream is smaller, faster, takes fewer crew so it's cheaper to operate," Mr Jennings told the ABC's PM program. Already several militaries across the globe are using G550s for intelligence gathering but full details of Australia's contract are not expected to be known until the release of this year's long-awaited defence white paper. The Australian Defence department is yet to respond to questions about the military contract. http://www.abc.net.au/news/2016-01-06/raaf-to-spend-more-than-2490m-converting-luxury-corporate- jets/7071902 Back to Top FedEx Jet Fleet Pressured by Weather, While UPS Keeps on Trucking FedEx and UPS have had a lot on their plates these past few weeks as yet another holiday season came to an end. Despite the immense preparations for a quarter that witnessed "record numbers" of packages, the shipping companies faced significant difficulties in delivering packages on time. FedEx was hit harder than its Atlanta-based arch rival, due to severe weather across much the U.S. As a result, the company added shifts on the holiday itself to insure the belated delivery. UPS, less reliant on air transport, was less affected. With each passing year, the quantity of sales recorded from online transactions is increasing at unprecedented levels. This holds true, especially around the holiday season when sales from e-commerce spikes considerably. It was recorded that, this year, online sales increased by about 20% (year-on-year) between Thanksgiving and Christmas Eve. It was noted that the reason for such growth was because shoppers are now conducting a lot more product research online before they purchase anything. This practice is translating to higher online sales. Given the momentum, it seems highly plausible that this trend is only going to strengthen in the years to come, as internet connectivity increases and convenience begins to trump all else in the consumer's mind. What this essentially means is that there is a surge in the number of package deliveries. Intuitively, larger volumes translate directly to higher revenues; however, this fact holds true only if shipping companies are well prepared to handle the sudden increase in packages. UPS displayed a good performance this time around. According to data compiled by Big Brown, the company delivered almost 98% of the packages on time, which is similar to its average 99% on-time delivery rates during non-peak seasons. To accommodate the high package volumes, the Atlanta based shipping giant opened 24 "pop-up" sorting locations across the country, while increasing the number of seasonal workers, trucks and planes in use. Apart from this, the company also decided to set an upper limit to the number of orders it would accept this season. FedEx, as we noted above, experienced difficulties as tornadoes across the central U.S. paralyzed air traffic, creating significant delays. Unanticipated high volumes were a problem as well. The Memphis-based company as a result had drivers deliver packages Christmas day in an attempt to catch up. http://www.forbes.com/sites/greatspeculations/2016/01/05/fedex-jet-fleet-pressured-by-weather-while- ups-keeps-on-trucking/ Back to Top Dassault Business Jet Orders Tumble on Russia, Brazil Slumps Falcon family's 2015 order tally is half level of prior year Dassault Aviation SA said sales of its Falcon business jets tumbled 50 percent last year, hurt by slumping demand from once buoyant markets including Russia and Brazil. The French company won orders for 45 corporate jets in 2015, half the previous year's total, it said Tuesday, sending the stock down the most in 4 1/2 months. The tally was just 25 planes factoring in the cancellation of a contract for 20 Falcons previously placed by U.S. fractional-ownership specialist NetJets inc. Sales were impacted by the economic environment, "especially in emerging countries," Paris-based Dassault said. Some 55 new Falcons were delivered, 10 fewer than anticipated, it said, reflecting "the weakening of the order intake." Long-term spending on private jets is slowing for the first time since 2009 as slumping commodity prices sap demand in emerging markets, Honeywell International Inc., which makes avionics and engines for business aircraft, said in an annual survey. The slide reflects weakness in Brazil, Russia, India and China and the impact of political conflicts in the Middle East and Africa, it said. Engine Issue Dassault said in July that NetJets, owned by Warren Buffett's Berkshire Hathaway Inc., had scrapped an order for Falcon 2000 planes that dated back to 2006. Production glitches are also having an impact, with the Falcon 5X, designed to carry 14 passengers 4,750 nautical miles, postponed beyond its planned service entry in 2017 due to issues with its Safran SA engine. Canadian rival Bombardier Inc. has also pushed back delivery of its Global 7000 by two years to 2018, canceled the smaller Learjet 85, and is cutting about 1,750 jobs to match production of its biggest Global 5000 and 6000 models to shrinking demand from Russian oligarchs and Chinese billionaires. General Dynamics Corp.'s Gulfstream arm is bucking the slowdown and grabbing more orders with its in so-called large-cabin models favored by the wealthiest private buyers and corporations. Third-quarter orders were the most since 2011, the U.S company said in November. Dassault Aviation is now 56 percent owned by the founding family's Groupe Industriel Marcel Dassault, with Airbus Group SE cutting its stake to less than 25 percent and saying in October that it aims to exit entirely in 2016. The remaining shares are traded. The stock fell 6.6 percent, the most since Aug. 24, and was priced 4.6 percent lower at 1,074 euros at 1:53 p.m. in Paris. The company will release full-year revenue figures on Feb. 26. Stuttering demand for the Falcon range contrasts with major successes for its Rafale warplane, which recorded 48 export orders in 2015, split evenly between Egypt and Qatar. While the Falcon backlog had shrunk to 91 planes as of Dec. 31, down 30 from a year earlier, the Rafale has 83 unfilled contracts, up 40. http://www.bloomberg.com/news/articles/2016-01-05/dassault-business-jet-orders-tumble-on-russia- brazil-slumps Back to Top Embry-Riddle A³IRCON Brings Air Safety, Passenger Satisfaction and Unmanned Vehicle Experts to Phoenix A3IRCONWHAT: The 2016 Aviation, Aeronautics and Aerospace International Research (A³iR) Conference, presented by Embry-Riddle Aeronautical University (ERAU), will feature dozens of presentations on the following topics: Diversity in Aviation and the Employment Shortage Commercial Space Emergence Unmanned Aerial Systems and UAVs - Research and Collaboration Opportunities UAS/"Drone" Certification and New FAA Registration Requirements Current State of Airlines - Airline Management and Operations Future of Business and Corporate Aviation Decline of Passenger Satisfaction Emergency Response Human Factors/Aviation Psychology Virtual Reality/Simulation Cybersecurity and the National Airspace The annual event, now in its third year, will include demonstrations from the ERAU Autonomous Eagles, interactive panel sessions, peer reviewed presentations and more. Keynote speaker this year is Ryan Hartman, President and CEO of Insitu, a pioneer in the design, development and manufacturing of high-performance, low-cost unmanned aircraft systems used for intelligence, surveillance and reconnaissance in military and commercial applications. A veteran of the U.S. Air Force and U.S. Navy, Hartman also is a graduate of Embry-Riddle. Following Hartman's keynote address will be an opening panel that includes special guest Sy Liebergot, a longtime NASA flight controller on Apollo 8-15 (including Apollo 13 in which three astronauts safely piloted the crippled aircraft to Earth following an explosion in space) and author of "Apollo EECOM - Journey of a Lifetime." Dr. Mary Niemczyk, Associate Professor and Chair of the Aviation programs at Arizona State University will moderate. Also participating will be last year's keynote speaker, the Honorable Robert Sumwalt of the National Transportation Safety Board (NTSB); Nancy Graham, former Director of ICAO's Air Navigation Bureau; James Malecha of the Federal Aviation Administration; the Honorable Earl Weener, former NTSB member; and Suzanne Kearns, President of the University Aviation Association and Associate Professor at Western University. Sumwalt will also lead a panel session during the conference that includes discussion on noncompliance of checklist use by pilots resulting in a crash. Limited registration is still available for attendees, exhibitors and sponsors. Complete daily conference agenda, participant registration and more information are available online at commons.erau.edu/aircon/2016/. Follow the event on Twitter @A3IRCON. WHEN: January 14-17, 2016 Members of the news media are invited to attend any of the presentations. WHERE: Crowne Plaza San Marcos Resort in Historic Old Town Chandler, Arizona (near Phoenix Sky Harbor Airport). PARTICIPANT CONTACT: Dawn Marcuse, Office of the Dean, College of Aviation, Embry-Riddle Aeronautical University, Prescott, Ariz.; Office (928) 777-6621; dawn.marcuse@erau.edu - See more at: http://news.erau.edu/top-news/embry-riddle-aircon-brings-air-safety-passenger- satisfaction-and-unmanned-vehicles-drones-experts-to-phoenix#sthash.R5BVj30X.dpuf http://news.erau.edu/top-news/embry-riddle-aircon-brings-air-safety-passenger-satisfaction-and- unmanned-vehicles-drones-experts-to-phoenix Back to Top Air Safety: Does The Federal Aviation Act Preempt Aircraft Design Defect Claims? Alan B. Hoffman Husch Blackwell LLP USA January 5 2016 The United States Court of Appeals for the Third Circuit is considering whether, and if so, to what extent the Federal Aviation Act, 49 U.S.C. §§ 40101et seq., preempts tort claims for alleged defective aircraft design or manufacture. It has asked the Federal Aviation Agency to weigh in on these questions. The answers are important for the aviation industry. In Abdullah v. American Airlines, 181 F.3d 363 (3d Cir. 1999), the Third Circuit held that the Act preempts the entire field of aviation safety, and that federal standards govern the safe operation of aircraft, but that plaintiffs who are injured during flight as a result of the violation of federal air safety operational standards may have remedy in state tort law. Abdullah, 181 F.3d 363, 376. Abdullah thus allows a state law cause of action for alleged violation of federally-created aviation operational standards. In Sikkelee v. Precision Airmotive Corp., 45 F.Supp.3d 431 (M.D. Pa. 2014) a District Court applied Abdullah to a wrongful death suit arising from the crash of a Cessna 172 claiming defects in its Lycoming engine and components and the related manuals and instructions. The plaintiff alleges that Lycoming violated various design-related requirements for the engine type certificate, and failed to report failures, malfunctions or defects as required by the regulations. The District Court, applying Abdullah, held that the design-related claims were preempted because the FAA's issuance of a type certificate for the engine "denotes the Administrator's finding that the engine met all applicable requirements," 43 F.Supp.3d 431, 452. In the Sikkelee appeal the Third Circuit directed the FAA to answer three questions: Does field preemption under the Act include tort claims based on alleged defective design or manufacturing? If such claims fall within the preempted field, may they proceed using a federal standard of care? What weight should be accorded to the issuance of a type certificate in determining if the relevant federal standard has been met? The FAA's response to the first two questions is yes. As to the third, the FAA says that where it has "expressly approved the specific design aspect that the plaintiff challenges," any claim that the design should have been different should be preempted. However, "where the FAA has left a particular design choice to a manufacturer's discretion, and no other conflict exists, the type certificate does not preempt a design defect claim applying federal standards." According to the FAA, Congress has implicitly preempted the entire field of the substantive standards of care in all aspects of aviation, but has not preempted the entire field of tort law as it pertains to aviation. The FAA contends that only where compliance with both the type certificate and the claims made in the suit is "a physical impossibility," or the claim is an obstacle to the Congressional purpose, will issuance of a type certificate preempt a state tort suit claiming a design defect. The FAA gives no guidance concerning where it has "expressly approved the specific design aspect that the plaintiff challenges" versus leaving the design choice to the manufacturer's discretion. A claimant could argue that the FAA would have accepted a different and allegedly "safer" design than the one it actually authorized, while a defendant could assert that that the FAA expressly approved its specific design because it could not be changed without the FAA's permission, and the claim is therefore preempted. Indeed, the parties in Sikkelee make such arguments to the Court of Appeals. The District Court held that "the natural interpretation of the regulatory scheme" precludes allowing a civil jury to find that that an FAA-approved design was defective. How the Third Circuit rules will be of much interest to the aircraft industry. Husch Blackwell LLP - Alan B. Hoffman http://www.lexology.com/library/detail.aspx?g=6f17157a-2c18-4183-b069-1e4c411da9e3 Back to Top Gun fight could cause turbulence for FAA bill President Obama's move to impose new gun control restrictions via executive actions could cause turbulence for efforts to renew the Federal Aviation Administration's funding early this year. The FAA's funding bill is one of the few pieces of must-pass legislation that is left on Congress' agenda after a busy 2015 that saw lawmakers pass a large spending bill for most government agencies and a multi-year highway funding package. The agency's funding is currently set to expire March 31. The fight over guns could jeopardize the FAA's chances of receiving a multiyear funding bill later this year. Lawmakers are already expected to debate a proposal from House Republicans to privatize some facets of the nation's flight navigation system that has riled unions that represent air traffic controllers. Aviation groups said before Obama announced his executive actions on guns that they were hoping to avoid a repeat of earlier standoffs in the upcoming FAA funding battle. "Now is the time to restore our nation's global leadership role in air traffic control (ATC) technology and innovation," the group that lobbies for for most major airlines in Washington, Airlines for America (A4A), said in a statement last month as lawmakers were finishing up work on the highway bill. "We have the safest aviation system in the world, but it must also be the most modern and efficient," the airline group concluded. The airline group said Tuesday that it is optimistic Congress will be able to keep the gun issue separate from the FAA's funding measure. "We remain confident that Congress would not allow politics to undermine the needs of the two million passengers who fly on U.S. airlines everyday, and will seize this unique opportunity to deliver the transformational FAA reform bill that the traveling and shipping public deserves," the group said in a statement that was provided to The Hill. The FAA has been at the center of budget battles in Washington before. The agency's last funding measure, in 2012, was passed following a string of more than 20 temporary extensions that resulted in a partial shutdown of the agency in 2011. The FAA's funding was also cut in the 2013 sequester, resulting in air traffic controller furloughs and flight delays, before Congress passed a quick fix to restore the spending. Republicans have expressed outrage at Obama's unilateral gun control push, and they are likely to search quickly for fast-moving legislation to attach provisions to overturn the president's executive actions. "I agree we need to enforce the existing laws. The problem of course is the president picking and choosing which laws he enforces, and where's he going to find the money for these additional agents," Rep. Blake Farenthold (R-Texas) said in an interview with MSNBC moments after Obama spoke of his gun control executive actions in a speech at the White House. Obama's executive actions, which sidestep Congress, are designed to make more gun sales subject to background checks and beef up enforcement of existing laws. The changes are narrow in scope, reflecting the limits of Obama's power on the issue of guns, but Republicans are riled up about the president's decision to go around them. Farenthold cast the effort to oppose Obama's gun control measures as an effort to protect the right to bare arms that is enshrined in the Second Amendment of the U.S. Constitution. "I think you need to be ever vigilant," he said. "The Second Amendment, if you look at the historical context of the Second Amendment, was put in place in our Bill of Rights to make sure you do have the right to bear arms. And there is a natural fear of an all-powerful government. It's a normal thing. The Second Amendment is important to our foundation as a country." Democrats defended Obama's executive actions Tuesday as a sensible set of reforms to the nation's gun control laws. "These measures ... are about enforcing existing law more effectively, not changing the law," Sen. Richard Blumenthal (D-Conn.) said in an interview with MSNBC. Blumenthal, whose state was rocked by a 2012 elementary school shooting in Newtown, Conn., pressed for more gun control legislation, not less. "That still must be done because the president's measures are only a partial solution," he said. "More people will be required to get licenses. More background checks will take place. But the background checks still will not cover all of those sales that they must do and so there's still a need for legislation." http://thehill.com/policy/transportation/264844-gun-fight-could-cause-turbulence-for-faa-bill Back to Top Upcoming Events: Embry-Riddle A³IRCON January 14-17, 2016 Phoenix, AZ http://commons.erau.edu/aircon/2016/ 6th European Business Aviation Safety Conference 2016 February 23-24, 2016 Frankfurt, Germany www.ebascon.eu 2016 Air Charter Safety Symposium | Safety: A Small Investment for a Rich Future March 8-9, 2016 | NTSB Training Center | Ashburn, VA http://www.acsf.aero/events/acsf-symposium/ 50th Annual SMU Air Law Symposium March 31 - April 1, Dallas, TX http://smulawreview.law.smu.edu/Symposia/Air-Law.aspx CHC Safety & Quality Summit | Back to Basics: Prioritizing Safety in a Challenging Economy April 4-6, 2016 Vancouver, BC www.chcsafetyqualitysummit.com BARS Auditor Training Washington, DC Tuesday-Thursday 5-7 April http://flightsafety.org/bars/auditor-training IATA OPS Conference April 18-20, 2016 Copenhagen, Denmark http://www.iata.org/events/Pages/ops-conference.aspx 3rd International Accident Investigation Forum 19-21 April 2016, Singapore Aviation Academy http://www.saa.com.sg/iaif2016/ ICAEA Workshop: Aviation English Training for Operational Personnel April 29-30, 2016 Santa Maria Island, The Azores, Portugal www.icaea.aero Back to Top Jobs Available: Deputy Director of Flight Operations & Technical Services Helicopter Association International https://www.rotor.org/AboutHAI/Employment.aspx Curt Lewis