Plane-ly Spoken Blog

Plane-ly Spoken Blog

Commentary on Regulation & Litigation Impacting the Aviation Industry

Monthly Archives: June 2014

MH 370: ATSB Reports Aircraft Was Depressurized and on Autopilot and . . .

Posted in MH Flight 370
In a report from The Wall Street Journal, the Australian Transport Safety Bureau (ATSB), has announced they have concluded it was “highly, highly likely” the autopilot on  Malaysia Airlines Flight 370 was deliberately turned on after the aircraft veered off course.  They also have concluded the crew and passengers has blacked out after they were … Continue Reading

Lisa Ellman Joins McKenna Long & Aldridge’s Public Policy & Regulatory Affairs Practice

Posted in Uncategorized
Senior White House and DOJ appointee brings rich experience and perspective on unmanned aircraft systems WASHINGTON, DC (June 23, 2014) – Lisa Ellman has joined McKenna Long & Aldridge LLP’s Washington DC office as Counsel. As a member of McKenna’s Public Policy & Regulatory Affairs practice, Ms. Ellman will focus on legislative and policy issues … Continue Reading

UAS: The National Park Service Weighs In

Posted in UAS
The place is Grand Canyon National Park.  It’s sunset and a group of tourists stare off at the horizon, soaking in the tremendous majesty and beauty of this tranquil wilderness. Suddenly, out of the setting sun, a drone roars in, diving on the unsuspecting tourists.  The shrill scream of its engines spreads terror and confusion … Continue Reading

Allan Horowitz Joins McKenna’s Aviation Practice From FAA’s Office of Chief Counsel

Posted in Uncategorized
WASHINGTON, DC (June 17, 2014) – Allan H. Horowitz, former Manager, Special Programs, in the Enforcement Division of the FAA’s Office of the Chief Counsel, has joined McKenna Long & Aldridge LLP’s Washington, DC office as Senior Counsel in the firm’s Aviation and Transportation Litigation practice. The addition of Mr. Horowitz strengthens McKenna’s reputation as … Continue Reading

UAS: PUBLIC V. PRIVATE USE AND JELL-O

Posted in UAS
At times, the FAA’s attempts to control commercial UAS operations seem like a man trying to compress a cube of Jell-O with his bare hands.  Every time it seems like the situation is under control, the pent up demand tries to squeeze through the cracks.  A new opinion by the FAA office of Legal Counsel … Continue Reading

FAA: “Shall” Means “Shall” Unless It Doesn’t.

Posted in FAA
Individuals performing maintenance under Part 43 must often decide whether maintenance instructions are mandatory or simply recommended.  It’s a critically important decision. The failure to use required maintenance techniques/practices raises a host of potential FAR violations, and in some circumstances, raises the potential for criminal liability.  Moreover, as discussed in our blog post exploring a … Continue Reading

Emergency Response: Getting It Right . . . .

Posted in Emergency Response
You just learned that your company is involved in an incident involving an aircraft.  What’s the very first thing you do?  The MLA Emergency Response Website answers that question and the host of others which present themselves in the minutes and hours immediately following an aviation incident or accident. This website provides checklists, contact information … Continue Reading

FAA: So Many Airplanes…So Few Pilots

Posted in FAA
This represents the first in an ongoing series of interviews which Plane-ly Spoken (PS) will have for you with notable people from all aspects of the aviation world.  Our kickoff interview is with Nick Sabatini (NS), who retired a few years ago from the FAA as the Associate Administrator for Aviation Safety.  Mr. Sabatini came … Continue Reading

UAS: Texas Equusearch – Too Soon . . . Too Bad.

Posted in UAS
Back in April, there was a great deal of anticipation and excitement in the media and the UAS community surrounding the suit filed against the FAA by Texas Equusearch.  The lawsuit attacks the FAA’s authority to place any restrictions on commercial UAS operations, and seeks to leverage the ALJ’s decision against the FAA in the … Continue Reading

NTSB: Gone…But Not Really.

Posted in NTSB
Deborah Hersman left the Chairmanship of the NTSB several months ago to assume the leadership of the National Safety Council.  As one would expect from someone who was as high profile and active as Ms. Hersman during her tenure as NTSB Chairman, she has already returned to the aviation scene.  On May 29, 2014, she … Continue Reading

The Second Annual MRO Symposium

Posted in Uncategorized
Alert! Component Manufacturers, Parts Suppliers, Service Centers, MROs: The NTSB, Airframe Manufacturer and You! The Aviation and Transportation Practice Group of McKenna Long & Aldridge LLP is sponsoring this one-day program on September 11, 2014 Sheraton Premiere McLean, VA For each airframe/aircraft/engine manufacturer, there are thousands, perhaps tens of thousands, of component manufacturers, parts suppliers, … Continue Reading

UAS: Business v. Hobby: Never The Two Shall Mix

Posted in UAS
The current UAS regulatory scheme draws a sharp distinction between the UAS hobbyist and the UAS businessman.  The UAS hobbyist has “voluntary guidelines” he is expected to follow, but is largely free to operate where and how he wants outside navigable airspace.  The UAS businessman, however, is forbidden from any flights unless he obtains a … Continue Reading

UAS: Congress to FAA on Center for Excellence “You Got Our Vote . . . . For Now”

Posted in UAS
The FAA’s decision to create a UAS Center for Excellence got a major boost this week from the United States Senate.  At the end of May, the FAA released a draft solicitation for the creation of a UAS Center for Excellence.  The Center is intended: to forge a union of public sector (FAA, NASA, DOD, state/local governments, etc.), private sector, and academic institutions to create a world‐class consortium that will identify solutions for existing and anticipated UAS related issues. The center will provide matching federal grants to … Continue Reading

FAA: Ready the Harpoon: NextGen Is Just Over the Horizon

Posted in FAA
For nearly a decade, the FAA has worked towards creation of the “NextGen” air traffic control system.  At times, the FAA has appeared to be making solid progress, while at others, it has seemed more like Captain Ahab chasing the white whale.  In 2012, the Congress stepped up pressure on the FAA to prioritize NextGen, … Continue Reading

UAS: FAA “Lights . . . Cameras . . . UASs!”

Posted in UAS
A number of recent big budget films have featured drones as a major plot point, including the Bourne Legacy, the RoboCop reboot, and most recently, Captain America: The Winter Soldier.  Hollywood, however, is also eager to give UASs a big role behind the camera, and the FAA says it is willing to help. The FAA … Continue Reading