Res Communis

FAA Reauthorization and US-EU Bilateral Cooperation

by P.J. Blount with the blog faculty

From Flight Global:

FAA bill could jeopardize EU-US bilateral aviation cooperation
By Mary Kirby

The European Union (EU) has warned the White House that it risks jeopardizing bilateral cooperation on aviation safety and transatlantic alliances, as well as second-stage open skies talks, should “restrictive measures” remain part of current US FAA Reauthorization draft legislation.

“The FAA Reauthorization bill in its current version requires that maintenance organizations outside the US should be inspected by the FAA twice a year. This provision contradicts the EU-US Aviation Safety Agreement and would impede its implementation,” writes EU ambassador to the US John Bruton in three separate, but identical letters to US transportation secretary Ray LaHood, secretary of state Hillary Clinton and Lawrence Summers, director of the White House’s National Economic Council. . . . [Full Story]

European Council Aviation Law Documents

by P.J. Blount with the blog faculty

There are several new aviation related documents from the council of the European Union:

7671/09 – Proposal for a Council decision on the signature of the Agreement between the European Community and Canada on civil aviation safety – Adoption

7672/09 – Proposals for Council decisions on the signing and provisional application of the Agreements on certain aspects of air services between the European Community and:a) the Republic of Korea b) the Socialist Republic of Viet Nam Proposal for a Council decision on the signing of the Agreement between the European Community and the Government of Mongolia – Adoption

7165/09 ADD 1 – Proposal for a Council Decision on the signing and provisional application of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services – Adoption

H.R. 1627: Civil Air Patrol Homeland Security Support Act of 2009

by P.J. Blount with the blog faculty

H.R. 1627: Civil Air Patrol Homeland Security Support Act of 2009 was introduced on March 19, 2009 by Rep. Charles Dent (R-PA):

111th CONGRESS

1st Session

H. R. 1627

To amend the Homeland Security Act of 2002 to direct the Secretary to enter into an agreement with the Secretary of the Air Force to use Civil Air Patrol personnel and resources to support homeland security missions.

IN THE HOUSE OF REPRESENTATIVES

March 19, 2009

Mr. DENT introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Homeland Security Act of 2002 to direct the Secretary to enter into an agreement with the Secretary of the Air Force to use Civil Air Patrol personnel and resources to support homeland security missions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Civil Air Patrol Homeland Security Support Act of 2009′.

SEC. 2. CIVIL AIR PATROL SUPPORT OF HOMELAND SECURITY MISSIONS.

(a) In General- Subtitle H of title VIII of the Homeland Security Act of 2002 is amended by adding at the end the following new section:

`SEC. 890A. CIVIL AIR PATROL SUPPORT OF HOMELAND SECURITY MISSIONS.

`(a) In General- The Secretary shall seek to enter into memoranda of understanding or other agreements with the Secretary of Defense to use Civil Air Patrol personnel and resources to support homeland security missions in accordance with this section.

`(b) Use of Assets- Pursuant to a memorandum of understanding or other agreement entered into under subsection (a), the Secretary may consider the use of Civil Air Patrol personnel and resources for–

`(1) providing aerial reconnaissance or communications capabilities to the Border Patrol to protect against illegal entry and trafficking in goods, currency, people, and other substances;

`(2) providing capabilities to respond to an act of terrorism, natural disaster, or other man-made event, by assisting in damage assessment and situational awareness, conducting search and rescue operations, assisting in evacuations, transporting time-sensitive medical or other materials; or

`(3) such other activities as the Secretary may determine in coordination with the Secretary of Defense.

`(c) Inclusion in National Planning Activities- Pursuant to a memorandum of understanding or other agreement entered into under subsection (a), the Secretary shall consider the Civil Air Patrol as an available resource for purposes of national preparedness and response planning activities, including the National Response Plan.

`(d) Reimbursement- A memorandum of understanding or other agreement entered into under subsection (a) shall include a provision addressing the manner in which the Department of Defense is to be reimbursed for costs associated with the use of Civil Air Patrol personnel or resources for homeland security purposes.’.

(b) Report- Not later than six months after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of any memorandum of understanding or other agreement authorized under section 890A of the Homeland Security Act, as added by subsection (a).

(c) Clerical Amendment- The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following:

`Sec. 890A. Civil Air Patrol support of homeland security missions.’.

Study: Criminal Prosecution After Accidents Decreases Safety

by P.J. Blount with the blog faculty

From Flight Global:

Study finds criminal prosecution following accidents damages flight safety
By David Learmount

A new doctoral study of the criminal prosecution of pilots or air traffic controllers following aircraft accidents and incidents has concluded that they have a definite detrimental effect on flight safety, but fail to have the intended effect of deterring individuals from making mistakes.

In fact, the study found, controllers are particularly aware that successful prosecution could follow an unintentional error, and the resulting stress may even make mistakes more likely.

The study was carried out by two Cypriots, Dr Sofia Michaelides-Mateou, a professor of law at the University of Nicosia, and a Cyprus Airways Airbus A320 captain Dr Andreas Mateou, and presented at the Flight Safety Foundation’s European Aviation Safety Seminar in Nicosia on 18 March. . . .[Full Story]