From the editors of Aviation International News

This issue sponsored by ACASS and Gulfstream.
March 26, 2009

Was 10-seat PC-12 That Crashed Legal with 14 Aboard?
The Pilatus PC-12 that crashed Sunday afternoon in Butte, Mont., was configured with only 10 seats, but under FAR Part 91 it might have been legal to carry the seven adults and seven children aboard the turboprop single, according to aviation attorney Randy Davis. All 14 died when the airplane “nosed in” while on short approach to Bert Mooney Airport. Davis, the vice president and general counsel at Cartersville, Ga.-based Phoenix Air Group, told AIN that the 10-seat PC-12 could have been legal with seven adults and one lap child under two years old occupying seven seats, and the children ranging in ages from three to nine sharing the remaining three seats. Under FAR 91.107(a)(3) and an FAA chief counsel opinion issued in 1990, “Part 91 operations can and do permit at least two persons in one seat and secured by one safety belt,” Davis said, so long as their combined weight doesn’t exceed 170 pounds and relevant and legal aircraft type limitations are met. The FAA confirmed that the 1990 ruling is still valid and also affirmed the flight was being operated under Part 91. However, FAA counsel is now looking at FAR 91.205(b)(13), an amendment added in September 1992, and any occupant limitations in the aircraft flight manual to determine the legality of such seat sharing. Meanwhile, the NTSB investigation of the crash is ongoing.

Ricci and Partners Raise Their Stake in Flight Options
Directional Capital, an investment firm led by Flight Options chairman Kenn Ricci, private-equity firm Resilience Capital Partners and “key members” of the Flight Options management team have made an additional investment in fractional provider Flight Options. H.I.G. Capital, which acquired the Cleveland-based company in November 2007, also remains an investor, but to what degree remained unknown at press time. Neither a Flight Options spokesman nor Ricci was available to comment on whether Directional, Resilience and the associated management team–combined–are now the majority owners of Flight Options. “We are confident that increasing the involvement of Kenn Ricci and the management team that helped pioneer the private aviation industry will result in a stronger company,” said Steve Rosen, co-CEO of Resilience Capital. Ricci founded the fractional provider in 1998 but left in 2003 after selling it to Raytheon. He returned to Flight Options as chairman last July, just three months after he and Resilience acquired a “minority share” in the company. Flight Options currently has a fleet of more than 110 aircraft and more than 1,400 owners and jet-card members.

NextGen to NowGen…Now
In the ongoing effort to morph the Next Generation Air Transportation System (NextGen) into a “NowGen,” equipage by users keeps cropping up as one of the main stumbling blocks to implementing many NextGen benefits in the next three to five years. The Air Transport Association (ATA), which represents the nation’s airlines, has repeatedly likened the need to boost the national priority for NextGen to something mirroring the Eisenhower Administration’s national priority for the Interstate Highway System in the 1950s. Joe Kolshak, senior v-p of operations for United Airlines and testifying for ATA during a Senate aviation subcommittee hearing yesterday, asserted that with leadership and investment, key elements of NextGen can be delivered in the next three to five years. “We are certainly more than willing to pay our share, but we’ve got to see the benefits,” he told the panel. Hank Krakowski, chief operating officer of the FAA’s Air Traffic Organization, elaborated, “This issue of proper equipage is critical.” And Gerald Dillingham, director of physical infrastructure issues for the Government Accountability Office, suggested that the FAA “may have to make incentives for equipage.”

Air Partner: ‘Shockwaves’ Have Hit Bizav Industry
Half-year financial results published yesterday by charter broker Air Partner confirm the widespread perception that the business aircraft charter sector has taken a big hit from the global financial crisis. The UK-based group’s total sales (also including passenger airliner and freight charters) for the six-month period ending on Jan. 31, 2009, were down by 2 percent at £107.1 million ($155.3 million), while profits fell by 17 percent to £3.2 million ($4.6 million). However, at the same time, sales by Air Partner’s “Private Jet” division dropped by 6.7 percent to £24.7 million ($35.8 million) and it sustained a loss of £153,000 ($221,850) after recording a profit of £1.03 million ($1.49 million) in the same period last year. According to a company statement, the losses were in part due to “heavy” fixed costs associated with its own business jet charter operator based at London Biggin Hill Airport. However, it also acknowledged that the downturn in demand that started in November had “sent shockwaves throughout the entire industry” and that it has been “universal” in terms of its impact on regional markets around the world.

Santa Monica Airport Part 16 Hearings Held
Last week, the city of Santa Monica, Calif., was defending its stance on trying to keep larger jets from using Santa Monica Airport at an FAA Part 16 hearing in Long Beach. The Part 16 process is used to address complaints against federally assisted airports like Santa Monica. In this case, the FAA instituted the Part 16 process. The city and the airport have long held that they have the right to restrict traffic at the airport to enhance safety, and the most recent attempt involved an ordinance (not yet in effect) banning aircraft with approach speeds greater than 121 knots. In a brief filed for the hearing, the city claimed that the FAA has failed to prove that the airport ordinance “violates the grant assurances or is otherwise unlawful.” The city has the right to adopt the ordinance “restricting access to preserve safety and limit liability.” And, the city added, “The Tenth Amendment protects the city against federal coercion to accept aircraft in contravention of federal runway safety standards.”

Also Noted...

DG Aerospace’s Universal Fault Interrupter (UFI) yesterday was selected by Hawker Beechcraft to monitor and protect electrical circuits in the super-midsize Hawker 4000. Hawker is the first business aircraft manufacturer to select this technology to protect its fuel pump systems from electrical faults, the company said. The UFI is the only technology of its kind certified to meet the stricter Part 25 requirements intended to prevent electrical faults from igniting vapors in fuel tanks.

The National Air Transportation Association’s 13th annual “Day on the Hill” event will be held on May 13. Each year, the association coordinates more than 200 visits for NATA member representatives to meet with their Members of Congress and staff to address a number of critical issues confronting America’s aviation businesses. NATA is inviting all GA industry members to participate.

On-demand air-taxi SATSair said it had “record revenues and outstanding financial performance” last year, though it didn’t publish any financial figures. It also said it ended the year with more than 11 million revenue passenger miles flown since the company’s inception in November 2004, flying more than 14,000 flights and landing at more than 500 airports in 24 states last year alone.

PPG Industries’ aerospace transparencies business yesterday said it resumed its rebuilding service for Beechcraft 1900 and Beechcraft King Air windshields to provide operators with a “lower-cost alternative to buying new spares without sacrificing performance or quality.” According to the company, windshields are rebuilt at PPG’s Huntsville factory using the same materials and processes as for new parts.

Online aircraft charter broker Virgin Charter is so sure that it can offer the lowest charter quotes that it rolled out a “We Can Beat It” best-price guarantee for registered users. If a better charter price is found elsewhere, Virgin Charter says it will pay the registered user $500. The best-price guarantee is being offered until April 15.

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