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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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    Afriqiyah Flight 771 crash release

    Afriqiyah Flight 771 crash release

    Click to view full size photo at Airliners.net
    Contact photographer Mika B Virolainen
    May 12, 2010 in Crisis Update
    ( We are very sorry to announce the tragic loss of Afriqiyah airways flight 8U 771 from Johannesburg in an accident during landing at Tripoli international airport at 04:00 UTC. (06:00 am Tripoli time) today Wednesday, May 12. We extend our deepest sympathy to the families and friends of the victims. The search and rescue mission has now been completed and casualties have been moved to various hospitals. The secretariat of health will issue a statement on the condition of those casualties.

    At this moment we cannot speculate further and will relay to you all factual information as we receive them.

    Parties seeking information on passengers should contact:

    From Libya: 0213341181
    International: +44 203 3552737

    We would like to inform the passenger’s relatives of the ill-fated Afriqiyah flight 8U 771 on May 12, 2010 that all assistance will be offered to them if they wish to travel to Tripoli – tickets, accommodation, and visa will be granted upon arrival in Tripoli.

    There will be no need for the Arabic translation of passport usually required.
    From Libya: 0213341181
    International: +44 203 3552737

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    Air India Signs OnPoint Solution Agreement for Its GE90 Engine Fleet

    February 01, 2011
    Air India Signs OnPoint Solution Agreement for Its GE90 Engine Fleet
    –DUBAI– GE Aviation and India’s national carrier Air India have signed a 20-year OnPointSM solution agreement that covers its GE90 engines. The value of the agreement is not being released.

    Air India will expand its maintenance, repair and overhaul (MRO) capabilities at its Mumbai, India facility to include GE90 engine overhaul. The current schedule calls for the Mumbai facility to be certified for basic GE90 MRO by 2012. Eventually, Air India plans to build a new MRO facility in Nagpur, India, that will include GE90 testing capabilities.

    As part of the OnPoint solution agreement, GE will provide Air India with comprehensive material support, training and assistance on overhaul workscoping. While Air India develops its GE90 MRO capabilities, GE will provide the airline with overhaul services at GE’s MRO facilities to support the carrier’s GE90 engine fleet.

    “Air India has more than 40 years of providing high-quality MRO services in India,” said Nalin Jain, country director for GE Aviation. “Adding GE90 engine overhaul service is the perfect expansion of Air India’s MRO capabilities.”

    “Air India has already established partial capabilities on GE90 engines in Mumbai with the help of GE. Three engine overhauls were recently completed, saving us shipping costs and also reducing our turnaround time significantly. This will help us as we prepare to take on third-party work in the facility,” said Mr. K. M. Unni, SBU Head of the MRO SBU and Board Member, Air India.

    Air India ordered 23 GE90-powered Boeing 777 aircraft in 2005 and currently operates 20 of these aircraft with the remaining three aircraft to be delivered in the next few years.

    OnPoint solutions are flexible, long-term commitments designed to meet customers’ unique engine services needs. Backed by GE’s world-class support, these solutions help lower our customers’ cost-of-ownership and maximize the use of their assets. Available services include overhaul, on wing support, new and used serviceable parts, component repair, technology upgrades, engine leasing and diagnostics.

    Air India is the pioneer airline in India and has been in operation since 1932. The airline operated its first international flight in June 1948. Air India, which is inducting new aircraft to modernize its fleet and expand operations, has 159 aircraft, including the state-of-the-art Boeing 777s, Airbus A321s, Airbus A319s and Boeing 737 -800 in its fleet. Air India flies to 62 destinations in India and 51 destinations around the world. The carrier has a strong technical base and its engineering facility includes maintenance of aircraft, overhaul of engines, repair and overhaul of components, accessories and avionics. Thus the airline can provide all technical support to its fleet. Air India has well-trained, skilled technical manpower to carry out all complex tasks connected with civil aviation maintenance. For information on Air India, visit www.airindia.in.

    GE Aviation, an operating unit of GE (NYSE: GE), is a world-leading provider of jet and turboprop engines, components and integrated systems for commercial, military, business and general aviation aircraft. GE Aviation has a global service network to support these offerings. For more information, visit us at www.ge.com/aviation. Follow GE Aviation on Twitter at http://twitter.com/GEAviation and YouTube at http://www.youtube.com/user/GEAviation. For more information on ecomagination, visit http://www.ecomagination.com.

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    PR: FAA Proposal of $206,550 Penalty Against Martinaire Aviation

    The Federal Aviation Administration (FAA) is proposing a $206,550 civil penalty against Martinaire Aviation, of Addison, Texas, for violating U.S. Department of Transportation Hazardous Materials Regulations.

    The FAA conducted a comprehensive hazardous materials inspection at the company’s headquarters on July 8, 2011. As a result of that inspection, the FAA alleges the airline routinely failed to complete documents properly and comply with the requirements for notifying pilots in command about hazardous materials transported as cargo.

    The allegations involve 17 shipments of hazardous materials Martinaire accepted for transportation by air on 12 flights between April 1 and June 22, 2011. Martinaire is a scheduled air cargo and cargo charter company. The flights operated between various cities across the country.

    Martinaire has 30 days from the receipt of the FAA’s enforcement letter to respond to the Agency.

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    Air India cataloguing yellow metal/gold of Mangalore crash victims

    July 15, 2010
    The Angels of Air India have handed over identified personal items of the victims to the families as provided by M/s. Kenyon International, the agency appointed by Air India to identify the personal effects recovered from the crash site.

    The unassociated / unidentified items including yellow metal/gold recovered from the crash site by the police have been handed over to Air India. The catalogue for the same is under preparation by M/s Kenyon International. Once the catalogue is ready, the families of the victims will be contacted and requested to provide the details of yellow metal/gold items so that they can be matched with the catalogue. After proper identification, the same will be handed over to the families concerned in the presence of the police and Custom authorities. Air India would also request members of the Mangalore Air Crash Victims Families Association to help in identification of the yellow metal/gold items.

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    Essential Air Services Shutdown Pending

    The 20th temporary extension of the Federal Aviation Administration expires in days.

    The House passed a bill threatened by a presidential veto, and the FAA may be shut down midnight Friday, and end “Essential Air Service” to 13 cities.

    Thirteen airports are targeted to lose their EAS subsidies.

    Press Release – Transportation Secretary Ray LaHood Urges Swift Action by Congress on FAA Bill

    July 20, 2011

    WASHINGTON – Transportation Secretary Ray LaHood and Federal Aviation Administration Administrator Randy Babbitt called on Congress today to pass a clean extension of the FAA’s authorization in order to avoid airport project construction delays and employee furloughs. The current FAA reauthorization expires at midnight this Friday, July 22, 2011. LaHood and Babbitt said they oppose the House bill because it includes controversial provisions that needlessly threaten critical FAA programs and jeopardize thousands of public and private sector jobs.

    “Congress needs to stop playing games, work out its differences, and pass a clean FAA bill immediately. There is no excuse for not getting this done,” said Secretary LaHood. “Important programs and construction projects are at stake. This stalemate must be resolved.”

    Secretary LaHood also said, “I want to reassure the flying public that, during this period, safety will not be compromised.”

    “We are going to be forced to furlough valuable FAA employees unless this situation is resolved quickly,” said FAA Administrator Babbitt. “These employees do everything from getting money out the door for airport construction projects, to airport safety planning and NextGen research. We need them at work.”

    If Congress does not extend the FAA’s authorities approximately 4,000 employees will be furloughed beginning Saturday July 23, 2011. Without the appropriate authority, taxes will not be deposited into the Trust Fund to pay some FAA employees. Employees who are paid out of the Trust Fund handle a variety of functions including: airport safety and engineering standards; airport safety planning; the Airport Improvement Program, which administers construction project grants to airports; and Research, Engineering, and Development, which includes NextGen research and testing.

    Congress has extended the FAA’s authorization 20 separate times.

    Without a full year extension, FAA will be unable to move forward on more than $600 million in airport construction projects that include good paying jobs for local communities across the country. Some of these projects include:

    GulfportBiloxi International Airport: proceed with construction of a terminal building expansion, rehabilitation runway lighting, rehabilitation of a taxiway, and rehabilitation of an access road.
    RichmondInternational Airport: proceed with construction of a new apron for terminal concourse A.
    Dallas/Fort Worth International Airport: proceed with construction of taxiway Y and Z rehabilitation.
    LaredoInternational Airport: proceed with the rehabilitation of the Engineered Material Arresting System which will help protect passengers if an aircraft leaves the runway.

    Additionally, during each of the previous 20 short term extensions, the FAA’s Airport Improvement Program has only received small portions of its $3.5 billion in grant money.

    As a result, states and airports have been left waiting to plan projects or begin construction since the total amount available is unknown. Some projects that are already underway are being constructed in stages and the total cost of the project will likely be higher as a result of that approach.

    For example, in Wisconsin, the state has delayed accepting construction bids until officials know how much federal funding is available. Unless the FAA receives a longer extension, projects in Wisconsin could be delayed into next year since the construction season will start to wind down at the end of the summer.

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