Flight Safety Information December 10, 2013 - No. 252 In This Issue Asiana Flight 214 Investigative Hearing Postponed High Court Weighs Air Safety vs. Pilot's Reputation JetBlue plane hit with laser, pilot lands plane safely at PBIA Bird hazard program aids Dover base aircraft operations CDC: Airplane Seats & Tray Tables Hot Spot for Germs EU Aviation Safety Agency allows tablets, smartphones in 'Flight mode' on planes Think ARGUS PROS NASA Astronauts To Fly as 'Participants' on Commercial Space Taxis, FAA Rules Graduate Research Editor Available Asiana Flight 214 Investigative Hearing Postponed ________________________________________ December 10, 2013 WASHINGTON - The National Transportation Safety Board's Investigative Hearing into the crash landing of Asiana Airlines Flight 214 originally scheduled for today, December 10, has been postponed due the government closing because of inclement weather in the Washington DC area. Additional information on the status of the hearing will be released later today. For the latest information on NTSB news, follow us on Twitter @NTSB or at www.ntsb.gov. www.ntsb.gov Back to Top High Court Weighs Air Safety vs. Pilot's Reputation WASHINGTON - The Supreme Court on Monday tried to find the right balance between air safety and a pilot's reputation, with several justices taking an unusually active role in framing the issues to be decided by the court. The case arose from friction between Air Wisconsin Airlines and William L. Hoeper, one of its pilots, who failed a series of tests he had needed to pass to qualify to fly a new kind of aircraft. Mr. Hoeper said he believed that test administrators were deliberately sabotaging his career, and in December 2004 in Virginia, he ended the fourth test abruptly, cursing and shouting. The airline booked Mr. Hoeper on a flight home to Denver, and after internal deliberations it also contacted the Transportation Security Administration. A manager told the agency that Mr. Hoeper had been fired, was mentally unstable and that, as a flight deck officer, might be armed. Mr. Hoeper's plane was recalled to the gate, where he was removed, questioned, searched and released. He sued Air Wisconsin for defamation and won about $1.4 million. Justice Sonia Sotomayor said the statements made to the federal agency had been too strong. "What's so difficult about simply saying he's angry?" she asked. "Why choose the words 'mentally unstable'? Isn't it with an intent to connote something more than the facts?" Jonathan F. Cohn, a lawyer for the airline, argued that a federal law encouraged prompt, informal reports of suspicious activities without fear of later "hairsplitting distinctions." Eric J. Feigin, a lawyer for the federal government, which supported the airline, said "it would be very unfortunate" if the consequences of an exaggeration in response to "the T.S.A.'s ubiquitous 'see something, say something' campaign" were a lawsuit and a damage award. The federal law, the Aviation and Transportation Security Act of 2001, was enacted after the Sept. 11 terrorist attacks. It gave airline employees broad immunity from lawsuits for reports of suspicious activities. But the law has an exception, drawn from the "actual malice" standard in the Supreme Court's 1964 decision in New York Times v. Sullivan, for statements made with knowing falsity or reckless disregard of the truth. Reviewing Mr. Hoeper's case, the Colorado Supreme Court said the airline had forfeited its immunity. "The events at the training may have warranted a report to T.S.A.," Justice Nancy E. Rice wrote for the majority. But the statements made to the agency, she said, "overstated those events to such a degree that they were made with reckless disregard of their truth or falsity." Justice Rice, in a sentence that was at the center of Monday's arguments, added, "We need not, and therefore do not, decide whether the statements were true or false." There were at least two ways to interpret that sentence. One was that it collapsed two distinct questions into one. All of the lawyers at Monday's argument agreed that would be improper. Whether a statement is understood to be true and whether it is true, they said, are separate inquiries. Justice Rice may also have merely relied on the jury's finding of falsity in connection with Mr. Hoeper's defamation claim to conclude that the airline was not immune from suit. But Justice Antonin Scalia said the finding could not be used that way. For purposes of winning a defamation suit, he said, "it is material to say that somebody is mentally unstable when all that he did was lose his temper." In the context of immunity under the 2001 law, he continued, a statement is materially false only if safety officials would have reacted differently to a more measured account. Kevin K. Russell, a lawyer for Mr. Hoeper, urged the justices to adapt a 1991 decision concerning a magazine profile, Masson v. New Yorker Magazine, to the context of air security in Monday's case, Air Wisconsin Airlines v. Hoeper, No. 12-315. The right question in the new context, he said, was, "Would a true statement have a different effect on the security official's mind?" Justice Anthony M. Kennedy, who wrote the majority opinion in the Masson case, resisted Mr. Russell's suggestion, saying the 2001 law applied to all sorts of airline employees required to make fast judgments on limited information. The profile's author, Janet Malcolm, had months to work on the profile, he said. "They had proofreaders," he continued. "They had editors in New York. And you're saying the same standard applies to the baggage handler who has only 10 minutes to decide what he's going to say?" http://www.nytimes.com/2013/12/10/us/politics/high-court-weighs-air-safety-vs-pilots-reputation.html?_r=0 Back to Top JetBlue plane hit with laser, pilot lands plane safely at PBIA WEST PALM BEACH, Fla. - A JetBlue pilot and co-pilot were able to avert a disaster Monday evening, landing the plane safely at Palm Beach International Airport after a blinding laser was pointed at the cockpit from the ground, according to Palm Beach County Sheriff's Office. Deputies launched a search by land and air but as of 11 p.m. had not found the person or persons responsible for shooting the laser beam at the plane, said Teri Barbera, sheriff spokeswoman. The incident happened around 8 p.m. Lasers beamed at the cockpits of aircrafts landing at PBIA have been an ongoing problem, according to PBSO. PBSO warns that anyone who knowingly and willfully points or focuses the beam of a laser device on an individual operating a motor vehicle, vessel or aircraft resulting in bodily injury is guilty of a second-degree felony. If the plane were to crash, the act becomes a first-degree felony. PBSI is asking anyone who witness the incident to contact the Palm Beach County Sheriff's Office, the nearest law enforcement agency of Crime Stoppers at 1-800-458-TIPS. You can also send a text to tips@cspbc.com . http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/jetblue-pilots-hit-with- laser-land-plane-safely-at-pbia#ixzz2n4dsEiOB Back to Top Bird hazard program aids Dover base aircraft operations David Curtiss, 436th Airlift Wing Safety Office wildlife manager, loads non-lethal pyrotechnic rounds to scare birds away from Dover Air Force Base. DOVER AIR FORCE BASE - Team Dover has about $5.8 billion worth of C-17 Globemaster III and C-5M Super Galaxies, which deliver 25 percent of the Air Forces' global airlift mission. A single bird can cause damage to an aircraft and in a critical phase of flight such as take-off or landing, it can cause an aircraft to go down. This unwanted collision is monitored and managed by the Bird and Wildlife Aircraft Strike Hazard (or BASH) program, which focuses on preventing wildlife-related aircraft mishaps and reducing the potential for wildlife hazards to aircraft operations. "Dover's program is a huge multiagency collaboration," said Master Sgt. John Willard, 436th Airlift Wing Safety Office flight safety NCO. "The team consists of personnel from the 436th Civil Engineer Squadron's Pest Management, 436th Operations Support Squadron Air traffic control tower, 436th OSS Airfield Management, 436 AW Safety Office and the wildlife management contractor and biologist, David Curtiss." Another important team member who doesn't have a Department of Defense Common Access Card but has full base access to chase down the thousands of birds that tend to migrate in and around base, is Curtiss's Border Collie, Kilo. She plays an integral role in keeping birds from landing near base. "Before adding dogs to our team, pyrotechnics and depredation tactics were used to get rid of birds," said Curtiss. "Kilo and her predecessors have shown that canine harassment is a better method because they are perceived as predators which keeps birds from coming back or even near the base." Although Kilo's presence has decreased the number of bird strikes, they are not a thing of the past. This year alone, there have been 29 recorded wildlife-aircraft strikes near Dover AFB. Bird strikes can sometimes go unnoticed in flight. "When an aircraft returns from a mission it is thoroughly inspected," said Chief Master Sgt. Robert Wright, 436th Maintenance Group superintendent. "If a bird strike or suspected strike is found, maintenance technicians take samples which are sent to the Smithsonian Institute in Washington, D.C. where the type of bird and migratory patterns are determined and used for research through the BASH program." Aircraft inspections and bird harassing canines are all part of the BASH program's teamwork approach to keeping Team Dover's birds away from nature's birds. "Birds and wildlife are still nature and we are never going to completely win the battle," said Lt. Col. Jason Mills, 436th AW chief of safety. "But it is important to continue to try and fight it, which is why we have the bash program, to protect our assets." http://delaware.newszap.com/centraldelaware/128021-70/bird-hazard-program-aids-dover-base-aircraft- operations Back to Top CDC: Airplane Seats & Tray Tables Hot Spot for Germs (KSTP) - The holidays make December one of the busiest travel months of the year, but it also happens to be cold and flu season. What should you look out for when your traveling? Surprisingly, there are less germs inside the airplane than the actual airport. This is because cabin air is circulated through hospital-grade air filters. However, an airplane is still a germy environment. According to the Center for Disease Control, the hot spots for germs are the fronts and backs of seats, along with tray tables. http://kstp.com/news/stories/S3238343.shtml?cat=1 Back to Top EU Aviation Safety Agency allows tablets, smartphones in 'Flight mode' on planes The European Union has taken a first step to allowing expanded use of smartphones and tablets on aircraft. The EU's Aviation Safety Agency (EASA) judged airline passengers would now be able to use portable electronic devices if they are put in "Flight Mode," that is not transmitting, throughout the journey, from take- off to landing. The next step would be for EASA to see if such devices can be put to full use and connected in transmission mode to the Internet, EU Transport Commissioner Siim Kallas said, adding that he had called for the review to be speeded up. Up to now, airlines require all devices without exception to be switched off for take-off and landing to prevent possible interference with aircraft electronic systems, a safety risk. Those devices equipped with "Flight Mode" can then be switched on but those without have to remain off. "Today we are taking a first step to safely expand the use of in-flight electronics during taxiing, take-off and landing," Kallas said. "Next we want to look at how to connect to the network while on board," he said, adding that new guidance should come next year. The airlines will have to decide as an issue of service and passenger comfort whether to continue current practice or take the next step, which may not please everyone, he said. "Is this the end of the last silent place in the world?" Kallas asked, noting: "After this change ... it is a new reality." Air travel has increased almost as fast as has use of smartphones and tablets, driving demands that passengers be able to use them freely to stay connected to the Internet while travelling. Die-hard opponents argue that airline travel provides one of the few havens from the onslaught of the modern interconnected world and should stay that way. http://www.timeslive.co.za/scitech/2013/12/09/eu-aviation-safety-agency-allows-tablets-smartphones-in- flight-mode-on-planes Back to Top Back to Top NASA Astronauts To Fly as 'Participants' on Commercial Space Taxis, FAA Rules NASA currently is contributing more than $1 billion toward the development of three commercial space taxi designs by Space Exploration Technologies Corp., Boeing and Sierra Nevada Corp. Boeing's CST-100 above. KENNEDY SPACE CENTER, Fla. - NASA astronauts will fly as "space flight participants" aboard commercial spaceships being developed to taxi crews to and from the international space station, the Federal Aviation Administration (FAA) Office of Commercial Space Transportation has determined. "NASA astronauts do not meet the definition of 'crew' as provided in the statute ... because the definition of crew requires them to be employees of the licensee or subcontractor licensee. NASA astronauts are neither, so they will be flying under the category of 'space flight participant,' under the current regulations," Pam Underwood, FAA deputy division manager at the Kennedy Space Center, said during a Dec. 4 industry briefing at the Florida spaceport. The ruling does not limit the scope of the work government-employed astronauts can perform aboard commercial space taxis, including piloting the vehicle, aborting launch if necessary, overseeing emergency response and monitoring and operating environmental controls and life support systems, the FAA said. NASA sought the clarification because FAA regulations prohibit "space flight participants" to pilot launch or re- entry vehicles for public safety reasons. "The FAA's concern ... was based on the possibility that space flight participants would not have the proper vehicle and mission-specific training. However, as NASA notes, NASA astronauts must meet rigorous medical and training requirements, which include training specific to each mission, launch vehicle, and reentry vehicle. "Because NASA astronauts are not the untrained space-flight participants originally contemplated by the FAA, the considerations underlying the policy have, at best, a limited applicability to NASA astronauts," the FAA wrote in an explanation of its ruling published Dec. 2 in the Federal Register. "Thus, for the scenarios currently envisioned, NASA astronauts may engage in operational activities during a licensed launch or reentry to ensure safety and mission success," the FAA said. Relevant regulations, the FAA added in a footnote, "simply require that space flight participants: (1) be informed of risk; (2) execute a waiver of claims against the U.S. Government; (3) receive training on how to respond to emergency situations; and (4) not carry any weapons onboard." NASA has been working formally with the FAA since June 2012 to sort out responsibilities and oversight as the U.S. government shifts toward purchasing orbital spaceflight services commercially rather than operating its own space transportation system. "There's been a lot of effort to identify what the questions, what the conflicts, what the confusion areas are and then to work through a solution," said Lisa Colloredo, NASA's Commercial Crew Program associate manager. "We are trying hard to strive for consistency between what both the FAA and NASA is going to require," she said. NASA currently is contributing more than $1 billion toward the development of three commercial space taxi designs by Space Exploration Technologies Corp. (SpaceX), Boeing and Sierra Nevada Corp. The agency also has an unfunded partnership agreement with Blue Origin. All four firms had representatives at the preproposal conference, intended to address overall questions and changes in the Commercial Crew Transportation Capability solicitation, which closes Jan. 22. While funding uncertainties remain, NASA said it still expects to select one or more companies for fixed-price contracts, including possible options for flight services, in August. The goal of the program is to restore a U.S. human orbital space launch capability before the end of 2017, a service that ended with the retirement of NASA's space shuttles in 2011. NASA astronauts currently fly to the space station on Russian Soyuz capsules, a service that costs more than $60 million a seat. *** Article Comments This article's title and conclusion are misleading. While the FAA carries out the legal analysis of the scenario presented by NASA, the FAA opinion states in Section C under Jurisdiction in regards to astronauts and commercial space vehicles that: "We note that Chapter 509 does not apply to launches or reentries the U.S. Government carries out for itself. Accordingly, NASA is not carrying out the launches or reentries that are subject to Chapter 509" Specifically, 51 U.S.C. 50919(g)(1) states that "[th]is chapter does not apply to-a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government..." This means that the commercial spaceflight laws and the regulations promulgated under Title 51 Chapter 509 do not apply to NASA missions, including missions that would ferry NASA astronauts to and from the International Space. Therefore, NASA astronauts would not be considered spaceflight participants contrary to to what this article asserts. http://www.spacenews.com/article/civil-space/38524nasa-astronauts-to-fly-as- %E2%80%98participants%E2%80%99-on-commercial-space-taxis-faa Back to Top Graduate Research Editor Available Omni Online Academic and Professional Editing and Writing William (Bill) DeLeeuw (de-LU), Director Ph.D. in Linguistics, Language, and English from Auburn University Certified in English as a Second Language 30 Years Experience Editing, writing, and proofreading from a first draft Assistance in editing and corrections in APA style (6th ed.), matching suggestions from reader comments, complying with university manuals and guidelines, correcting basic grammar and larger writing problems, in-text citation and references, instructions for more development, research, statistical clarity Editor for Northcentral University, University of Phoenix, Argosy University, Walden University, Nova Southeastern University In the last 12 months, 8 students have completed their Ph.D. with the assistance of Omni Editing and Writing Free estimate and turnaround time Send draft, comments, style manual, by email (word .doc) bdeleeuw@comcast.net 904 737-2193 $30 hourly rate. Payment due by U.S. check or U. S. money order. Ask about our pre-paid plan and save around 30% with a first and two additional draft editings William DeLeeuw 4840 Deermoss Way S. Jacksonville, FL 32217 "If we do not all hang together, We will all most assuredly hang separately." Benjamin Franklin Curt Lewis