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Spring 2016 a View from Our President Newsletter of the Watertown, Madison, & Dodge County FBOs Spring 2016 Volume 33, No. 2 FAA Changes Its Approach to A View Compliance to Bring Aviation Safety to a New, Higher Level from Our President The one word that comes to mind when we think about the FAA is COMPLIANCE. I remember when I was working on my private certificate and my CFI said, “If you are ever asked by an FAA inspector Alphabet Soup to see your certificate, hold it up so he or she can see it, but don’t give it ATC privatization! User fees! Phaseout of 100LL! Lions, to him because you will play heck getting it back.” The implication of tigers, monsters, and bears! What’s an intrepid aviator (or that advice was that the FAA inspectors saw their job as enforcing the aviation user) to do? Often we turn to our trade associations for action, protection, and answers. regulations and punishing those who were out of compliance. However, with Director of Flight Service Standards John Duncan’s signing of Order And trade associations we do have, and they come in 8900.323, effective 9/18/15, the FAA has acknowledged that regardless many different flavors. For us FBOs, the National Air Transportation Association (NATA) and the Wisconsin of how robustly regulations are enforced, risk still exists. After years of Aviation Trades Association (WATA) are closest to our trying, the agency has realized that developing rules for every possible hearts. NATA, celebrating its 75th anniversary this year, situation is difficult, ineffective and, frankly, impossible. Aviation has is based in downtown D.C. and takes on and works with reached a level of complexity where further safety improvements cannot the “big dogs” in Washington. There they are joined by representatives of every constituency imaginable be achieved by simple compliance with prescriptive rules. FAA oversight in aviation: National Business Aviation Association of the aviation industry must move beyond compliance with regulations (NBAA) for corporate aviation, Aircraft Owners and Pilots into an environment where enforcement of rules is coupled with a Association (AOPA) for its namesake, our own Wisconsin- systematic identification and in-depth study of clearly defined hazards. based Experimental Aircraft Association (EAA), Aircraft Electronics Association (AEA), and probably a dozen This new view of compliance others. They don’t always agree and aren’t always on the stresses a problem-solving approach same side, but, generally, they play nice and all work to that moves beyond compliance to promote aviation. proactively seeking ways to make Closer to home, besides WATA, there is the Wisconsin the environment even safer. If that Business Aircraft Association (WBAA) and the Wisconsin sounds a lot like our Aviation Safety Airport Management Association (WAMA), who Action Program (ASAP) and Safety together with vendors host the annual Wisconsin Aviation Management System (SMS), that’s Conference. The location rotates each year around the state, this year landing in Oshkosh on May 2-4. There are general because it is just that. sessions and specific breakout sessions for airport managers, FBOs, airport commission members, and others of interest. Big names like AOPA President Mark Baker and NATA Continued on page 3 Continued on page 10 WisconsinAviation.com ICS FAA Changes Its Approach to Compliance ION AV Avionics Promotions (continued from page 1) The big difference to us as pilots and aviation service providers 61, §61.3(a)]. The pilot is unable to locate his certificate, which is the reaction we can expect from inspectors when they must he believes to have been on board the aircraft prior to the flight. determine what action to take for noncompliance with regulatory The airman now speculates that his certificate may be lost. The standards. This quote from the order lays that out: inspector makes note of the information for the airman and flight. Upon returning to the office, the inspector checks the airman’s “Effective October 1, 2015, AFS personnel will no longer use information, noting that the airman does hold an appropriate the Enforcement Decision Process (EDP) to determine what certificate and has no violation history. The inspector sends the action to take for noncompliance with regulatory standards. airman an email with information from airman online services The first priority is to identify the problem and stop any ongoing on obtaining a new certificate and how to request temporary deviation from standards. Inspectors must then determine what exercising privileges. The inspector closes the finding of the action to take by evaluating the airman’s/organization’s behavior deviation with written counseling.” and level of cooperation. Interdependence (collaboration) and critical thinking (problem solving) are essential tools for this Example 2: “An FAA inspector conducted a routine record task. An inspector should seek to engage and collaborate with the check on a 14 CFR, Part 135 air carrier. During the initial stakeholder to correct the underlying problem.” inspection, the inspector discovered that the operator had not maintained a complete pilot record for all of the pilots used in In other words, was it an honest mistake or a reckless or negligent its operations. Such action is contrary to Part 135, §135.63. The act? If it was an honest mistake, the inspector will work with the inspector used an on-the-spot correction that included a control individual or organization to find the root cause of the problem mechanism to help mitigate future errors to address the issue. and take corrective action. The inspector documented the action in the PTRS. At the next base inspection, the inspector noted additional issues with the Another quote from the order defines what they are calling a “just pilot records. The inspector worked with the operator to develop safety culture”: an additional risk control—a change to their office procedures which would preclude future reoccurrence. Again the inspector “Key to a just safety culture is the ability to determine where the documented the action in PTRS. When the inspector returned line should be drawn between blameless unsafe acts that can again in a few months for the next inspection, the pilot records be effectively addressed through use of compliance tools and were still not in compliance. At this point, the operator displays a unacceptable behavior that requires use of enforcement action.” pattern of negative behaviors or performance that is consistently being repeated and has an identifiable common root cause The order goes on to state: (systemic) that the organization fails to mitigate, even though it is aware of the problem. The inspector initiates an enforcement “Inspectors must use critical thinking in a problem-solving investigation.” approach that stresses developing effective individual and organizational risk management environments. When appropriate, In the second example, you can see that the inspector’s first inspectors should engage collaboratively with airmen and strategy was to work with the operator to develop changes to the organizations to encourage development of system-level risk operator’s system to correct the problem. Only when those efforts mitigations on issues for which such methods may effectively failed and it became clear that the operator was not making an ensure ongoing compliance.” effort to improve did the inspector move to enforcement action. System-level risk mitigations means the solutions come from the Wisconsin Aviation is actively developing a Safety Management bottom up and not from the top down. A few examples cited in the System (SMS) and is one of the first Part 135 carriers to be a part order help to understand the change: of an Aviation Safety Action Program (ASAP). Example 1: “During a routine ramp inspection conducted after a Follow this link to read the entire order, which is only 11 pages: flight, an inspector asks a private pilot to produce his certificate www.faa.gov/documentLibrary/media/Notice/N_8900_323_FAA. [per Title 14 of the Code of Federal Regulations (14 CFR), Part pdf. 2 Spring 2016 WisconsinAviation.com 3 T Safety Matters GH L LI HOO The Flight of the Vin Fiz Did You F SC Night Flights: Know Before You Go Know Seeing the world from above at night is one of the unique Anti-collision lights—in the form of one flashing red beacon or ? Calbraith Perry Rodgers had a striking persona. He was six experiences that only flying can offer. Sunsets, city lights, a bright flashing white wingtip strobes—also must be on. If a flight is for feet, four inches tall and weighed 200 pounds. Although a bout moon glowing overhead, and stars shining on a clear night are all hire, the aircraft’s landing light must be operable, although it’s not of scarlet fever in 1885 left him almost totally deaf and with the more beautiful as aerial views. What’s more, the air is usually required to be on for the entire flight. less-than-clear speech, his robust demeanor displayed all the glass-smooth at night as winds and solar warming taper off, confidence in the world. Never one for academics, school work came second to his interest in mechanical things. In March 1911, making the ride more enjoyable. All of these lights along with cockpit lighting (red or small white he visited his cousin John at the Wright Company factory and reading lights) are standard in most aircraft, so it’s a good idea flying school in Dayton, Ohio, and became interested in aviation. With the fun of flying in the dark comes a list of procedures to check each light during every preflight inspection to see if a He received 90 minutes of flying lessons from Orville Wright, and precautions, which is why a few hours of ground and bulb needs replacing or a light switch is inoperable.
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