FAAST Blast — August 10, 2010

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    FAA Proposes $227,500 Civil Penalty Against Dover Chemical

    ATLANTA– The Federal Aviation Administration is proposing a $227,500 civil penalty against Dover Chemical Corporation of Dover, Ohio, for alleged violations of federal hazardous materials regulations.

    The FAA alleges that Dover Chemical offered sulfur monochloride, a hazardous material, to United Parcel Service for transportation by air from Hammond, Ind., to Dover on June 15, 2010. The hazardous materials regulations prohibit carriage of sulfur monochloride aboard any type of aircraft. The chemical’s vapors are poisonous if they are inhaled.
    Dover Chemical allegedly offered the material when it was not packaged, marked, classed, described, labeled or in condition for shipment as required by regulations. UPS workers at the carrier’s sorting hub in Louisville discovered the shipment because it had leaked.

    Dover Chemical has 30 days from receipt of the FAA’s enforcement letter to respond to the agency.

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    Engineered Material Arresting System Fact Sheet

    Background

    The Federal Aviation Administration (FAA) requires that commercial service airports, regulated under Part 139 safety rules and federally obligated, have a standard Runway Safety Area (RSA) where possible. The RSA is typically 500 feet wide and extends 1,000 feet beyond each end of the runway. The FAA has this requirement in the event that an aircraft overruns, undershoots, or veers off the side of the runway. Many airports were built before the 1,000-foot RSA length was adopted some 20 years ago, and it is not practicable to achieve the full standard RSA. This is due to obstacles such as bodies of water, highways, railroads, and populated areas or severe drop-off of terrain.

    The FAA began conducting research in the 1990s to determine how to ensure maximum safety at airports where the full RSA cannot be obtained. Working in concert with the University of Dayton, the Port Authority of New York and New Jersey, and the Engineered Arresting Systems Corporation (ESCO) of Logan Township, NJ, a new technology emerged to safely arrest overrunning aircraft. EMAS uses crushable concrete placed at the end of a runway to stop an aircraft that overruns the runway. The tires of the aircraft sink into the lightweight concrete and the aircraft is decelerated as it rolls through the material.

    Benefits of the EMAS Technology

    The EMAS technology improves safety benefits in cases where land is not available, or not possible to have the standard 1,000-foot overrun. A standard EMAS installation extends 600 feet from the end of the runway. An EMAS arrestor bed can be installed to help slow or stop an aircraft that overruns the runway, even if less than 600 feet of land is available.

    Current FAA Initiatives

    The Office of Airports prepared an RSA improvement plan for the runways at approximately 575 commercial airports in 2005. This plan allows the agency to track the progress and to direct federal funds for making all practicable improvements, including the use of EMAS technology. Of the approximately 1,000 RSAs at these airports, an estimated 65 percent have been improved to full standards, and an estimated 90 percent have been improved to the extent practicable, not including the relocation of FAA-owned navigational equipment.

    Presently, the EMAS system developed by ESCO using crushable concrete is the only system that meets the FAA standard. The FAA has conducted research through the Airport Cooperative Research Program (ACRP) that examined a number of alternatives to the existing approved system. ACRP Report 29, Developing Improved Civil Aircraft Arresting Systems, is available at the Transportation Research Board.

    Many of the EMAS beds installed prior to 2006 need periodic re-painting to maintain the integrity and functionality of the bed. The EMAS manufacturer has developed improved plastic seal coating for EMAS beds. This new coasting should eliminate the need for the periodic re-painting.

    EMAS Arrestments

    To date, there have been eight incidents where EMAS has safely stopped overrunning aircraft with a total of 235 crew and passengers aboard those flights.

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    Respond now to NTSB ISSUING FINAL RULE IN RESPONSE TO PILOT’S BILL OF RIGHTS

    The National Transportation Safety Board announced today that it has issued a Final Rule to implement several changes to its Rules of Practice applicable to aviation certificate enforcement appeals. This final rule responds to public comments received by the NTSB as a result of an interim final rule (IFR) it issued last October. The NTSB issued the IFR after the enactment of the Pilot’s Bill of Rights legislation and it became effective upon its publication in the Federal Register on October 16, 2012.

    Under the Pilot’s Bill of Rights: (1) the Federal Aviation Administration (FAA) must disclose its enforcement investigative report (EIR) to the FAA certificate holder in an aviation certificate enforcement case; (2) NTSB administrative law judges must apply the Federal Rules of Civil Procedure and Federal Rules of Evidence in enforcement cases; and (3) litigants now have the option of appealing the NTSB’s final orders to either a Federal district court or a Federal court of appeals. The IFR implemented these Pilot’s Bill of Rights requirements. Under the IFR, an FAA certificate holder is permitted to submit a motion to dismiss an FAA complaint if the FAA fails to disclose releasable portions of its EIR. The NTSB received 10 comments in response to the IFR. The Final Rule describes these comments in detail, as most of the comments provided substantive feedback and suggestions.

    In considering the IFR comments, the NTSB determined it should include a proposal to extend the EIR availability requirement in the Pilot’s Bill of Rights to emergency enforcement cases. As a result, the NTSB is also publishing a new Notice of Proposed Rulemaking (NPRM) in conjunction with publication of the Final Rule in the Federal Register.


    Both the Final Rule and NPRM are available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-19/pdf/2013-22634.pdf (Final Rule) and http://www.gpo.gov/fdsys/pkg/FR-2013-09-19/pdf/2013-22633.pdf (NPRM). The public may submit comments to the NPRM, concerning the proposal to require the FAA to make available the EIR in emergency enforcement cases, via www.regulations.gov, Docket No. NTSB-GC-2011-0001, or via postal mail or facsimile, addressed to the NTSB Office of General Counsel. Comments should be submitted no later than October 21, 2013. The Final Rule is immediately effective.

    See the bill below

    In George’s Point of View

    Time to take note of the final rule. The public can submit their opinion at http://www.regulations.gov, Docket No. NTSB-GC-2011-0001, or via postal mail or facsimile, addressed to the NTSB Office of General Counsel.

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    FAA and Port Authority of New York and New Jersey Reach Agreement on Airport Safety Violations

    WASHINGTON – The Federal Aviation Administration (FAA) and the Port Authority of New York and New Jersey (PANYNJ) have reached a settlement agreement about aircraft rescue and firefighting (ARFF) violations from December 2010 to June 2012 at four New York area airports owned and operated by the PANYNJ — John F. Kennedy, Teterboro, LaGuardia, and Newark Liberty International.

    “We expect all airports to comply with our safety regulations and to correct any deficiencies immediately,” said U.S. Transportation Secretary Ray LaHood. “These violations were egregious, and they will not be tolerated.”

    Under the agreement, the PANYNJ agrees to pay a $3.5 million fine within 30 days. If there is a violation of the settlement agreement, the FAA will impose an additional fine of $1.5 million and will assess an additional $27,500 daily for each violation. In addition to the fine, the PANYNJ has agreed to take the following actions, with FAA approval, to address the underlying problems that led to systemic noncompliance with ARFF requirements at the four airports:

    • The Port Authority will create a dedicated ARFF force to carry out airport-related ARFF functions with no collateral police officer duties.
    • The staff will report directly to the Department of Aviation and be operational no later than March 31, 2014.
    • The Port Authority will hire an ARFF fire chief and facility captains as soon as possible, but no later than March 31, 2014.
    • The Port Authority will submit a curriculum for training to the FAA on or before December 31, 2013, which includes at least 75 hours of initial ARFF training and 40 hours of annual recurrent firefighting training in addition to Part 139 training, pertaining to an airport’s operational and safety standards and providing for such things as firefighting and rescue.
    • The ARFF personnel will work a 12-hour shift.
    • The Port Authority will amend the airport certification manuals for the four airports to include: an organizational chart; a process to maintain ARFF training records; and a description of ARFF operations, including shift assignments, personnel training records management, and Department of Aviation oversight.
    • The Port Authority will conduct monthly internal audits of ARFF training and shift assignments and annual external audits to ensure that all ARFF personnel assigned to a shift are trained.

    “We expect the Port Authority to have trained safety personnel to ensure the safety of the travelling public and airport personnel, just like we have at all airports in the United States,” said FAA Administrator Michael P. Huerta.

    The FAA became aware of ARFF violations as a result of an annual airport certification safety inspection of JFK in December 2011. The FAA also discovered similar violations at Teterboro, which prompted a full review of training at LaGuardia, Newark Liberty International, and Stewart International Airports. The review of ARFF training revealed violations at LaGuardia and Newark, with no violations at Stewart.

    The FAA believes the settlement agreement provides the best long-term solution to ensure ARFF compliance, given the systemic nature of the PANYNJ airport problems.

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    PR: FAA Promoting Aviation Edu

    On September 14, Acting FAA Administrator Michael Huerta renewed two important partnerships to encourage young people to pursue a career in aerospace.

    “Our partnerships with FAA aviation and space education ambassador Jamail Larkins and the national Build-A-Plane program inspire students across the nation to explore the many opportunities that aviation and aerospace careers offer,” said Huerta.

    Jamail Larkins will continue to serve as the FAA’s official ambassador for aviation and space education under the STEM-AVSED (Science, Engineering, and Mathematics-Aviation and Space Education) program. Larkins is one of the country’s youngest aviation entrepreneurs and President of Ascension Air, a Cirrus fractional partnership program. He addresses up to 20,000 students about aerospace careers each year through public schools and youth groups. The STEM-AVSED program coordinates presentations with Larkins for agency outreach events, such as Aviation Career Education Academies, airport career expos and school visits.
    The agency also renewed a partnership with Build-A-Plane, a national program that allows students to construct real airplanes. Build-A-Plane Executive Director Katrina Bradshaw signed the renewal with Acting Administrator Huerta. Build-A-Plane started in 2003 as a non-profit organization dedicated to promoting aerospace and aviation careers by allowing students across the United States to work on the construction and restoration of airplanes.

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    Father Dies, Daughter and Schoolmate Injured in Round Lake Plane Crash

    single engine

    A single-engine small plane en-route from Chicago to St. Petersburg-Clearwater International Airport crashed on March 22, near McMullen Booth Road and Enterprise Road in Clearwater, Florida.

    The 53-year-old pilot, Jeffrey Bronken, was killed in the crash. Katherine Bronken, Jeffrey Bronken’s daughter, and Keyana Linbo, her classmate, both 15-year-olds from Round Lake were injured.

    Drivers are advised to avoid the area of McMullen Booth Road and Enterprise Road. The investigation by the Sheriff’s deputies and the FAA is underway.

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