Res Communis Blog RSS

Category Archives: Aviation

EU-US Summit: Joint Statement

Source – The White House:

The White House
Office of the Press Secretary

For Immediate Release March 26, 2014
EU-US Summit: Joint Statement

We, the leaders of the European Union and the United States, met today in Brussels to reaffirm our strong partnership. We reaffirmed our shared values of democracy, individual freedom, the rule of law and human rights, and a common commitment to open societies and economies. Starting from those values, the European Union and the United States work together every day to address issues of vital interest and importance to our citizens and the world. We strive to create jobs and sustainable growth through sound economic policies. We seek a landmark Transatlantic Trade and Investment Partnership to build our common prosperity. We undertake joint efforts to build security and stability around the globe and to tackle pressing global challenges like climate change. Today, we took stock of our achievements, set priorities and charted the way ahead for a stronger transatlantic relationship, and rededicated ourselves to building a safer, more prosperous world for future generations. . . .

. . . We commit to expand cooperation in research, innovation and new emerging technologies, and protection of intellectual property rights as strong drivers for increased trade and future economic growth. Our collaboration in the space domain also contributes to growth and global security, including on an International Code of Conduct for Outer Space Activities. We will combine wherever possible our efforts as we did in the Transatlantic Ocean Research Alliance and through the GPS/Galileo agreement. The Transatlantic Economic Council will continue its work to improve cooperation in emerging sectors, specifically e-mobility, e-health and new activities under the Innovation Action Partnership. . . .

. . . The transatlantic digital economy is integral to our economic growth, trade and innovation. Cross border data flows are critical to our economic vitality, and to our law enforcement and counterterrorism efforts. We affirm the need to promote data protection, privacy and free speech in the digital era while ensuring the security of our citizens. This is essential for trust in the online environment.

We have made considerable progress on a wide range of transnational security issues. We cooperate against terrorism in accordance with respect for human rights. Agreements such as the Passenger Name Record and Terrorist Finance Tracking Programme that prevent terrorism while respecting privacy are critical tools in our transatlantic cooperation. We will strengthen our coordination efforts to prevent and counter violent extremism. We will continue looking for appropriate mechanisms to counter the threats posed by fighters departing to Syria and other unstable regions, who return home where they may recruit new fighters, plan and conduct terrorist operations. We also work to address the threats posed by activities of groups contributing to instability in these regions. We welcome our increasingly close cooperation in building the capacity of partner countries to counter terrorism and violent extremism within a framework of rule of law, particularly in the Sahel, Maghreb, Horn of Africa region and Pakistan. We pledge to deepen and broaden this cooperation through the United Nations, the Global Counterterrorism Forum, and other relevant channels. We have also decided to expedite and enhance cooperation on threats directly affecting the security of EU and US diplomatic staff and facilities abroad.

Data protection and privacy are to remain an important part of our dialogue. We recall the steps already taken, including the EU-U.S. ad hoc Working Group, and take note of the European Commission Communication of 27 November 2013 and President Obama’s speech and Policy Directive of 17 January 2014. We will take further steps in this regard. We are committed to expedite negotiations of a meaningful and comprehensive data protection umbrella agreement for data exchanges in the field of police and judicial cooperation in criminal matters, including terrorism. We reaffirm our commitment in these negotiations to work to resolve the remaining issues, including judicial redress. By ensuring a high level of protection of personal data for citizens on both sides of the Atlantic, this agreement will facilitate transfers of data in this area. The United States and the EU will also boost effectiveness of the Mutual Legal Assistance Agreement – a key channel of cooperation in the digital era. In addition, we are committed to strengthening the Safe Harbour Framework in a comprehensive manner by summer 2014, to ensure data protection and enable trade through increased transparency, effective enforcement and legal certainty when data is transferred for commercial purposes.

The Internet has become a key global infrastructure. We share a commitment to a universal, open, secure, and reliable Internet, based on an inclusive, effective, and transparent multi-stakeholder model of governance. As such, we reaffirm that human rights apply equally online and offline, and we endeavour to strengthen and improve this model while working towards the further globalisation of core Internet institutions with the full involvement of all stakeholders. We look forward to the transition of key Internet domain name functions to the global multi-stakeholder community based on an acceptable proposal that has the community’s broad support. We acknowledge the good expert-level cooperation developed in the framework of the EU-US Working Group on Cyber Security and Cybercrime. We commend the political success of our joint initiative to launch a Global Alliance against Child Sexual Abuse Online, as the EU prepares to hand over the lead to the United States, and we decide to tackle jointly the issue of transnational child sex offenders. We reiterate our support for the Budapest Convention on cybercrime, and encourage its ratification and implementation. Building on all these achievements and guided by shared values, we have today decided to launch a comprehensive EU-US cyber dialogue to strengthen and further our cooperation including on various cyber-related foreign policy issues. . . .

FacebookTwitterGoogle+TumblrLinkedInEvernoteDiggSlashdotEmailShare

ITU to work on standards for future Flight Data Recorders

Source – ITU:

ITU to work on standards for future Flight Data Recorders
Big data, cloud computing to be used to relay ‘black box’ data in real time,
ITU urged to take up challenge
Dubai, 1 April, 2014 – The Malaysian Minister for Communications and Multimedia called upon ITU to develop leading edge standards to facilitate the transmission of flight data in real time. He was speaking at the opening of the ITU World Telecommunication Development Conference taking place in Dubai.
This follows the tragic disappearance of Malaysian Airlines Flight MH370 on 8 March while on a routine flight from Kuala Lumpur to Beijing. A number of countries have joined the search for the missing aircraft and its 239 passengers and crew, currently deploying search aircraft and vessels to scour vast tracts of the southern Indian Ocean.
“I believe that data from aircraft, including from the black box could be continuously transmitted and stored in data centres on the ground,” said Ahmad Shabery Cheek, Malaysian Minister for Communications and Multimedia. “I urge ITU to work with industry to develop a better way to constantly monitor flight data and what is happening in the cockpit. With the advancements in ICT today, we should be able to retrieve and analyse this data without necessarily locating the black box. I believe that this simple change may have brought a different outcome today. In this context, I cannot help but note that whilst communications technologies have evolved drastically in the past five years, the story of the black box remains unchanged from 30 years ago.”
“I would like to express my heartfelt sympathy and concern for the uncertainty surrounding the fate of so many people on board MH370,” said ITU Secretary-General Hamadoun I. Touré. “We must ensure that aircraft can be tracked in real time so that such an unprecedented and tragic incident does not occur again. ITU is committed to work on the standards that will take advantage of big data and state-of-the-art cloud computing.”
All commercial airlines and corporate aircraft are required to install and use ‘black boxes’ to track a number of flight parameters. The flight data recorder (FDR) is designed to record the operating data from an aircraft’s systems, including pressure altitude, airspeed, vertical acceleration, magnetic heading and position of control systems. Cockpit Voice Recorders, or CVRs, record what the crew say and monitor any sounds that occur within the cockpit. These monitoring equipment provide investigators with vital clues about the cause of an accident.
“ITU will invite avionics and aircraft manufacturers along with satellite operators and airlines to work on new standards to track aircraft in real time,” said Malcolm Johnson, Director of ITU’s Standardization Bureau. “We share the anxiety expressed by Minister Ahmad Shabery Cheek and will take steps to urgently address this situation.”
“Inmarsat would be happy to work with ITU to develop a global solution to the challenge of tracking commercial aircraft,” said Chris McLaughlin, Senior Vice President External Affairs of Inmarsat, the British satellite telecommunications company which helped provide clues to the possible track flown by the missing Boeing 777-200. “We recognize that this will require developing expertise in the interest of passengers and operators to further increase safety in the air.” Inmarsat was awarded ITU’s Humanitarian Award in 2012.
Media-relevant videos can be accessed at the WTDC-14 Newsroom: http://youtu.be/itrFWXK4Np0; http://bit.ly/1mojk3Z
Photos are available at: www.flickr.com/photos/itupictures/13554364034/

H.R. 4295: Protecting Airline Passengers from Sexual Assaults Act of 2014

H.R. 4295: Protecting Airline Passengers from Sexual Assaults Act of 2014 was introduced on March 25, 2014 by Eleanor Norton (Del. D.C.):

H.R.4295 — Protecting Airline Passengers from Sexual Assaults Act of 2014 (Introduced in House – IH)

HR 4295 IH

113th CONGRESS
2d Session

H. R. 4295
To direct the Administrator of the Federal Aviation Administration to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
March 25, 2014

Ms. NORTON introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To direct the Administrator of the Federal Aviation Administration to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation, and for other purposes.

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 `Protecting Airline Passengers from Sexual Assaults Act of 2014′.
SEC. 2. SEXUAL ASSAULT DATA.

(a) In General- Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a program to collect and maintain data on the number of sexual assaults that occur on aircraft during flights in passenger air transportation.
(b) Data Availability- The Administrator shall make available to the public on the primary Internet Web site of the Federal Aviation Administration the data maintained under subsection (a).
(c) Definitions- In this section, the following definitions apply:
(1) AIR TRANSPORTATION- The term `air transportation’ has the meaning given that term in section 40102(a)(5) of title 49, United States Code, and includes intrastate air transportation.
(2) AIRCRAFT- The term `aircraft’ has the meaning given that term in section 40102(a)(6) of title 49, United States Code.
(3) INTRASTATE AIR TRANSPORTATION- The term `intrastate air transportation’ has the meaning given that term in section 40102(a)(27) of title 49, United States Code.

Alumni Paper: Environmental Overreach: The EU’s Carbon Tax on International Aviation

Ole Miss Law Alum (J.D., cum laude, Certificate in Remote Sensing, Air, and Space Law 2010) has published a new paper titled Environmental Overreach: The EU’s Carbon Tax on International Aviation in the Washington and Lee Journal of Energy, Climate, and the Environment. He currently serves as Managing Director, Taxes in the Legislative and Regulatory Policy Department of Airlines for America. Congrats, Surya!

European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) (COM(2013)0410 – C7-0171/2013 – 2013/0186(COD)) (Ordinary legislative procedure – recast)

Source – EU Parliament:

European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council on the implementation of the Single European Sky (recast) (COM(2013)0410 – C7-0171/2013 – 2013/0186(COD)) (Ordinary legislative procedure – recast)
The European Parliament ,

– having regard to the Commission proposal to Parliament and the Council (COM(2013)0410),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0171/2013),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Maltese House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 11 December 2013(1) ,

– after consulting the Committee of the Regions,

– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2) ,

– having regard to the letter of 28 November 2013 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 87(3) of its Rules of Procedure,

– having regard to Rules 87 and 55 of its Rules of Procedure,

– having regard to the report of the Committee on Transport and Tourism (A7-0095/2014),

A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

H.R. 4230: To limit the retirement of KC-10 aircraft

H.R. 4230: To limit the retirement of KC-10 aircraft was introduced on March 13, 2014 by Rep. Jon Runyan (R-NJ3):

H.R.4230 — To limit the retirement of KC-10 aircraft. (Introduced in House – IH)

HR 4230 IH

113th CONGRESS
2d Session

H. R. 4230
To limit the retirement of KC-10 aircraft.

IN THE HOUSE OF REPRESENTATIVES
March 13, 2014

Mr. RUNYAN (for himself and Mr. GARAMENDI) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To limit the retirement of KC-10 aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. LIMITATION ON RETIREMENT OF KC-10 AIRCRAFT.

(a) Limitation- None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage any KC-10 aircraft until each of the following occurs:
(1) The Secretary of the Air Force certifies to the congressional defense committees each of the following:
(A) The four KC-46A test aircraft are all built and fully operational including their air refueling capability.
(B) The initial 18 KC-46A aircraft have been delivered to the Air Force in a fully operational capacity by 2017.
(C) The KC-46A aircraft has achieved full operational capability.
(D) A sufficient number of KC-46A aircraft exists in the inventory of the Air Force to fully meet the air refueling and cargo support capability and mission requirements of the combatant commands.
(2) The Comptroller General of the United States submits to the congressional defense committees a report setting forth the following:
(A) An assessment whether each certification under paragraph (1) is comprehensive, fully supported, and sufficiently detailed.
(B) An identification of any shortcomings, limitations, or other reportable matters that affect the quality or findings of any certification under paragraph (1).
(b) Deadline for Submission of Comptroller General Report- The report of the Comptroller General under paragraph (2) of subsection (a) shall be submitted not later than 90 days after the date of the submission of the certification referred to in paragraph (1) of such subsection.
(c) Congressional Defense Committees Defined- In this section, the term `congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code.

European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services (COM(2013)0409 – C7-0169/2013 – 2013/0187(COD)) (Ordinary legislative procedure: first reading)

Source – EU Parliament:

European Parliament legislative resolution of 12 March 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 216/2008 in the field of aerodromes, air traffic management and air navigation services (COM(2013)0409 – C7-0169/2013 – 2013/0187(COD)) (Ordinary legislative procedure: first reading)
The European Parliament ,

– having regard to the Commission proposal to Parliament and the Council (COM(2013)0409),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0169/2013),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Maltese House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 11 December 2013(1) ,

– after consulting the Committee of the Regions,

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Transport and Tourism (A7-0098/2014),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

S. 2103: General Aviation Pilot Protection Act of 2014

S. 2103: General Aviation Pilot Protection Act of 2014 was introduced on March 11, 2014 by Sen. John Boozman (R-AR):

S.2103 — General Aviation Pilot Protection Act of 2014 (Introduced in Senate – IS)

S 2103 IS

113th CONGRESS
2d Session

S. 2103
To direct the Administrator of the Federal Aviation Administration to issue or revise regulations with respect to the medical certification of certain small aircraft pilots, and for other purposes.

IN THE SENATE OF THE UNITED STATES
March 11, 2014

Mr. BOOZMAN (for himself, Mr. MORAN, and Mr. ROBERTS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL
To direct the Administrator of the Federal Aviation Administration to issue or revise regulations with respect to the medical certification of certain small aircraft pilots, and for other purposes.

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 `General Aviation Pilot Protection Act of 2014′.
SEC. 2. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.

(a) In General- Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise medical certification regulations to ensure that an individual may operate as pilot in command of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under Federal law if–
(1) the individual possesses a valid State driver’s license and complies with any medical requirement associated with that license;
(2) the individual is transporting not more than 5 passengers;
(3) the individual is operating under visual flight rules; and
(4) the relevant flight, including each portion thereof, is not carried out–
(A) for compensation, including that no passenger or property on the flight is being carried for compensation;
(B) at an altitude that is more than 14,000 feet above mean sea level;
(C) outside the United States, unless authorized by the country in which the flight is conducted; or
(D) at a speed exceeding 250 knots.
(b) Covered Aircraft Defined- In this section, the term `covered aircraft’ means an aircraft that–
(1) is not authorized under Federal law to carry more than 6 occupants; and
(2) has a maximum certificated takeoff weight of not more than 6000 pounds.
SEC. 3. REPORT.

Not later than 5 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report that describes the impact that the regulations issued or revised under section 2 have had, including statistics with respect to changes in small aircraft activity and safety incidents.

Event: Aviation Law Conference

Source – JPB Transportation:

Aviation Law Conference

Wednesday, March 26, 2014

9:00 AM – 6:00 PM

American University Washington College of Law

4801 Massachusetts Avenue, NW, Washington, DC

Room 600

*CLE*
WCL-1
This conference will address current trends in regulation and legislation, mergers and acquisitions, and alliances in the international airline industry and what the future may hold. The panels will be composed of practicing attorneys, consultants, and economic experts in the various fields. Below is the agenda:
0830-0915 Registration/Coffee and Pastries
0915-0930 Welcome and Introductions
Claudio Grossman, Dean, Washington College of Law
Jamie Baldwin, WCL ‘81
0930-1000 Aviation Regulations and Legislation: Background and History
Jamie Baldwin WCL ‘81
1000-1045 Panel on Aviation Regulations and Legislation
Moderator:
Andrew F. Popper, Professor of Law, Washington College of Law
Panelists:
Mark Atwood, Esq., Cozen O’Connor, speaking on DOT Fitness Regulations
Daniel Friedenzohn, Esq., Assistant Professor, Embry-Riddle Aeronautical University, speaking on DOT Regulations on Tarmac Delays
Darryl Jenkins, Chairman, The American Aviation Institute, speaking on “How Much Regulation Do We Need?”
Ken Quinn, Esq., Pillsbury Winthrop Shaw Pittman LLP, speaking on Ownership and Control
Tom Whalen, Esq., Schott Johnson, LLP, speaking on DOT Passenger Rights Regulations and EU Reg. 261
1045-1100 Morning Networking Coffee Break
1100-1230 Panel on Aviation Regulations and Legislation (Con’t)
1230-1400 Luncheon
1400-1500 Panel on Aviation Regulations and Legislation (Con’t)
1500-1630 Panel on Current Policy and Legal Issues
Norwegian Air International’s Application for Foreign Air Carrier Permit
Consolidation in the Airline Industry
Moderator:
Paul V. Mifsud, Esq., Former Vice President, Government and Legal Affairs USA, KLM Royal Dutch Airlines, now Consultant, Mifnet World
Panelists:
Russ Bailey, Esq., Attorney, Air Line Pilots Association, Int’l
Vaughn Cordle, CFA, Partner at Ionosphere Capital, LLC and Air Transport Pilot
Allan Mendelsohn, Esq., Cozen O’Conner
1630-1645 Afternoon Networking Tea
1645-1745 Panel on Current Policy and Legal Issues (Con’t)
1745-1800 Wrap-Up
1800 End of Conference
WCL Alumni, AU & WCL Students, Faculty & Staff – No Charge
General Public – No Charge
(registration is required)
CLE Accreditation – $ 275.00
(5 credit hours) will be applied for as requested to different states.
For further information, please contact:
Office of Special Events & Continuing Legal Education
American University Washington College of Law
Phone: 202.274.4075; Fax: 202.274.4079; or secle@wcl.american.edu
Register for this Event.

#########################