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NTSB Safety Recommendations A-10-159 through -168

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    NTSB REQUESTING COMMENTS ON PROPOSED PROCEDURAL RULES FOR AVIATION CERTIFICATE ENFORCEMENT CASE

    The NTSB has issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking comments from the public regarding amendments to its procedural rules dealing with review of Federal Aviation Administration (FAA) certificate actions and its rules concerning applications for fees and expenses under the Equal Access to Justice Act.

    The NTSB listed three main reasons for its undertaking a review of 49 CFR parts 821 and 826: (1) to respond to parties’ suggestions for changing the rules; (2) to update rules that may be outdated; and (3) to modernize the rules to accommodate prospective electronic filing and document availability in case dockets.

    The ANPRM indicates that certain parties have approached the NTSB concerning emergency certificate actions, which involve cases in which the FAA issues an immediately effective order revoking or suspending a certificate. In such cases, the NTSB’s procedural rules allow a party to challenge the emergency status of the case, and provide an expedited timeline for doing so. The rules currently require the NTSB’s administrative law judges to “consider whether, based on the acts and omissions alleged in the Administrator’s order, and assuming the truth of such factual allegations, the Administrator’s emergency determination was appropriate under the circumstances.” The ANPRM invites public comments concerning this standard of review, as well as other aspects of the emergency review process, such as whether a hearing should occur to allow parties to provide evidence concerning whether the case should be treated as an emergency. The ANPRM further invites comments concerning whether parties should have an opportunity for another level of appeal to challenge the emergency status determination.

    In addition, the ANPRM also solicits comments concerning electronic filing of documents for aviation certificate cases, and requests specific consideration as to whether such electronic filing is feasible for individuals who opt not to retain an attorney. The ANPRM further seeks feedback concerning whether any outdated information exists in the current procedural rules.

    The 60-day comment period for the ANPRM concludes on February 22, 2011. The ANPRM may be accessed at the following link: http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-22/pdf/2010-32056.pdf.

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    NTSB ISSUES NPRM TO REVISE RULES ON ENFORCEMENT APPEALS

    The NTSB proposes various amendments to regulations, which sets forth rules of procedure for the NTSB’s review of certificate actions taken by the Federal Aviation Administration (FAA); and rules of procedure concerning applications for fees and expenses under the Equal Access to Justice Act of 1980 (EAJA).

    The NTSB previously issued an advance notice of proposed rulemaking (ANPRM) and has carefully considered comments submitted in response to the ANPRM concerning these procedural rules. This document contains both a discussion of the comments and explanations for the changes proposed.

    Comments should be identified with Docket ID Number NTSB– GC–2011–0001
    Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.

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    Aircraft Accident Rate is Lowest in History – Still Room for Improvement, Regional Concerns Remain

    Tokyo – The International Air Transport Association (IATA) announced the aviation safety performance for 2010 showing that the year’s accident rate for Western-built jet aircraft as the lowest in aviation history.

    The 2010 global accident rate (measured in hull losses per million flights of Western-built jet aircraft) was 0.61. That is equal to one accident for every 1.6 million flights. This is a significant improvement of the 0.71 rate recorded in 2009 (one accident for 1.4 million flights). The 2010 rate was the lowest in aviation history, just below the 2006 rate of 0.65. Compared to 10 years ago, the accident rate has been cut 42% from the rate recorded in 2001. A hull loss is an accident in which the aircraft is destroyed or substantially damaged and is not subsequently repaired.

    “Safety is the number one priority. Achieving the lowest accident rate in the history of aviation shows that this commitment is bearing results. Flying is safe. But every fatality is a human tragedy that reminds us of the ultimate goal of zero accidents and zero fatalities. We must remain focused and determined to move closer to this goal year by year,” said Giovanni Bisignani, IATA’s Director General and CEO.

    In absolute numbers, 2010 saw the following results:

    • 2.4 billion people flew safely on 36.8 million flights (28.4 million jet, 8.4 million turboprop)
    • 17 hull loss accidents involving western-built jet aircraft compared to 19 in 2009
    • 94 accidents (all aircraft types, Eastern and Western built) compared to 90 in 2009
    • 23 fatal accidents (all aircraft types) compared to 18 in 2009
    • 786 fatalities compared to 685 in 2009

    IATA member airlines outperformed the industry average with a Western-built jet hull loss rate of 0.25. That rate is equal to one accident for every 4 million flights. The IATA Operational Safety Audit (IOSA) became a condition of IATA membership from 1 April 2009. All 234 IATA member airlines are now on the IOSA registry. The IOSA registry is open to all airlines and it currently consists of over 350 airlines.

    “The numbers tell the story. In the first full year after the IOSA became a condition of IATA membership, the accident rate for IATA carriers has never been so low. The data confirms that IOSA is helping to drive safety improvements around the world. It is an important part of a comprehensive safety strategy involving governments and industry working together to further reduce the number of accidents and fatalities,” said Bisignani.

    There are significant regional differences in the Western built jet hull loss accident rate:

    • North America (0.10), Europe (0.45), North Asia (0.34) and the Commonwealth of Independent States (0.0) performed better than the global average of 0.61
    • Asia-Pacific was higher than the global average at 0.80 in 2010 and about the same from the previous year (0.86)
    • The Middle East and North Africa region saw its accident rate fall significantly to 0.72 (compared to 3.32 in 2009) with only one accident involving a carrier from the region
    • Latin America & the Caribbean reported a higher accident rate of 1.87 with four airlines from the region involved in accidents, compared with a zero accident rate in 2009
    • Africa had an accident rate of 7.41, which was lower than the 2009 rate of 9.94. While showing improvement, Africa once again has the worst rate in the world. There were four Western-built jet hull losses with African carriers in 2010. African carriers are 2% of global traffic, but 23% of global western-built jet hull losses.

    Safety in Africa

    In 2010, the accident rate of IOSA carriers in Africa (for all aircraft types) was more than 50% better than non-IOSA airlines. Among IATA’s efforts in Africa, it established the IATA Program for Safe Operations in Africa (IPSOA). IPSOA ensured that flight data analysis tools are available to all IATA carriers in Africa, and as of the last quarter of 2010, all IATA carriers have this essential safety tool in place. IPSOA will provide IATA with the data needed to develop safety programs targeted at specific challenges in the region.

    “Flying must be equally safe in all parts of the world. An accident rate in Africa that is over 12 times the global average is not acceptable. Improvements can happen. IATA’s African carriers performed significantly better than non-IATA airlines in the region. I encourage all governments in the region to make use of the IOSA tool to boost the region’s performance,” said Bisignani.

    An analysis of the causes of the 2010 accidents focuses on several areas:

    Runway excursions, which are instances when an aircraft departs the runway during takeoff or landing, were once again the most common cause of accidents, accounting for 21% of all accidents in 2010 (vs. 26% in 2009). The number of industry runway excursions accidents dropped by 13% (20 vs. 23 in 2009) and IATA members have reduced their runway excursion accidents by 43% since 2008 (4 vs. 7 in 2008).

    IATA analysis shows about 35% of runway excursions on landing occurred on wet runways. Another leading cause of runway excursions on landing is an “unstable approach,” where the aircraft is approaching too fast, too high, or touches down beyond the desired runway touchdown point. IATA is working with industry and regulators to address this safety challenge.

    In 2009, IATA released the Runway Excursion Risk Reduction (RERR) toolkit which provides high-level reference material as well as an in-depth analysis of runway excursion accident data and a compilation of significant risk factors. The toolkit also provides recommendations for operators, pilots, airports, air traffic management, and regulators. A major update to the RERR toolkit is planned for the spring of 2011 and will bring together all major international safety organizations in a collaborative effort to eliminate these types of accidents.

    Ground damage accounted for 11% of all accidents in 2010, improved from 17% in 2008 when IATA launched the IATA Safety Audit for Ground Operations (ISAGO) to address this challenge. ISAGO is the industry’s first global standard for the oversight and auditing of ground handling companies. The program, containing over 400 standards, was launched in February 2008 and the first audits took place in May of the same year. To date, a total of 288 audits have been conducted and 56 providers operating at 81 different locations are already on the ISAGO registry. The program has gained broad support from several aviation authorities and airports and has been mandated in Lebanon and Turkey.

    Data Driving Further Improvements

    Further improvements to the industry’s safety performance will be guided by data that can assist airlines in identifying trends and initiate preventive measures. IATA established the Global Safety Information Center (GSIC) in 2010. This interactive website is a one-stop resource combining safety data from sources such as IOSA and ISAGO audits, flight data analysis, pilot reports and accident investigations without compromising commercial privacy.

    “Safety is a constant challenge. Industry and governments need to accelerate their efforts on data sharing. In 2010, IATA launched GSIC providing its members with unprecedented access to safety information. More than 430 different organizations are already submitting safety data into the GSIC, and over 50% of IATA member carriers are participating. Substantial GSIC expansion is planned over the next few years and the industry will reap the benefits,” said Bisignani.

    In September 2010, IATA signed an historic agreement with the International Civil Aviation Organization, the US Department of Transportation and the Commission of the European Union to launch the Global Safety Information Exchange. This first global private/public partnership will exchange safety information aimed at improving safety by reducing risk.

    “Safety is not a competitive issue—among carriers or governments. Improvement is in everybody’s interest. By sharing data and best practices we will continue to drive improvements to make a safe industry even safer,” said Bisignani.

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    Air Transport Association Congratulates Senate on FAA Bill Passage That Furthers NextGen and Creates Thousands of U.S. Jobs

    WASHINGTON, Feb. 17, 2011 /PRNewswire-USNewswire/ — The Air Transport Association of America (ATA), the industry trade organization for the leading U.S. airlines, today congratulated Chairman Jay Rockefeller, Ranking Member Kay Bailey Hutchison and the Senate for passage of the FAA Air Transportation Modernization and Safety Improvement Act (S.223), which will help create jobs and modernize the air traffic control system. A modernized air traffic management system will improve operational efficiency, reduce fuel consumption and emissions, and lower airline operating costs.

    “This bill moves the United States toward our goal of enabling a safe, sustainable and profitable airline industry that provides good value to customers and promotes global competitiveness,” said ATA President and CEO Nicholas E. Calio. “We applaud the leadership and significant work to pass a bill that reflects a continued commitment to safety and modernization of the air traffic control system by requiring that FAA establish and track performance metrics.”

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    Delta Air Lines CEO to Chair Air Transport Association Board

    WASHINGTON, Dec. 2, 2010 — The Air Transport Association of America (ATA), the industry trade organization representing the leading U.S. airlines, announced today that Delta Air Lines CEO Richard H. Anderson has been elected chairman of the ATA Board of Directors. Southwest Airlines Chairman of the Board, President and CEO Gary C. Kelly was named vice chairman.

    Anderson, who succeeds United’s Glenn F. Tilton and Kelly both will serve a two-year term.

    “Richard Anderson is a strong leader and a proven chief executive, with the necessary credentials to further propel the mission of ATA as it faces the challenges and priorities in this next Congress,” said ATA President and CEO James C. May. “Richard Anderson, Gary Kelly and incoming ATA President and CEO Nick Calio will complement each other as the association’s board representatives with the administration and the new Congress.”

    “I look forward to working cooperatively with the administration, Congress and regulatory agencies to advance initiatives that support continued improvements in the financial health of the U.S. aviation industry and maintain our focus on safety,” said Anderson. “Airlines are a vital industry in the U.S. and provide 11 million jobs annually. Our association’s focus is to move tax and regulatory oversight in a direction that fosters growth and makes us an even stronger economic engine for America.”

    “I look forward to serving as ATA Board vice chairman,” Kelly said. “I am committed to our continued work to help ensure the long-term stability and viability of the aviation industry.”

    Richard Anderson became Delta Air Lines CEO in September 2007 and was the architect of the airline’s merger with Northwest Airlines, which closed in October 2008. Prior to joining Delta, Anderson was executive vice president at UnitedHealth Group and served as president of UnitedHealth’s Commercial Markets Group. He also served as CEO of Northwest Airlines from 2001 to 2004.
    Kelly began his career at Southwest Airlines as controller in 1986, moving up to chief financial officer and vice president of finance, then executive vice president and CFO, before being promoted to CEO and vice chairman in July 2004. Gary assumed the role of chairman in May 2008 and president in July 2008. Prior to joining Southwest Airlines in 1986, Gary was a CPA for Arthur Young & Company in Dallas and controller for Systems Center, Inc.

    ATA recently named Nicholas E. Calio president and CEO, effective Jan. 1, 2011. Calio currently leads Global Government Affairs for Citigroup, both in the United States and in the more than 100 countries in which the company does business. Prior to joining Citigroup in 2003, Calio was the assistant to the president for legislative affairs and service as chief liaison to the U.S. Congress for President George W. Bush, the same position he held under President George H.W. Bush.

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    Sabre, American Airlines Statement

    FORT WORTH, Texas, Jan. 24, 2011 – American Airlines and Sabre have agreed to put the litigation between the two companies on hold until June 1, 2011.

    American Airlines and Sabre will begin work shortly in an effort to reach a new agreement. Both parties will return to operating as they were prior to Jan. 5, 2011, in terms of Sabre displays, American Airlines content and economic terms.

    Officials at American Airlines and Sabre will not have any further comment on this announcement at this time.

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