Federal Aviation Administration Regulations Research Articles

Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act

The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it is fortified by a comprehensive examination of legislative history dating back to the early days of aviation. This Article contends that the Second Circuit’s reasoning, supported by both statutory language and over a century of legislative evolution, should serve as a universally adopted guideline. The separation of civil and military aircraft regulation, initiated in the Paris Convention of 1919 and continued through subsequent legislative acts, underscores the distinct standards governing military aviation. The inherent divergence in purpose and design between civil and military aircraft, coupled with Congress’s consistent exclusion of military aircraft from FAA regulation, solidifies the argument against preemption. As the sole appellate authority on this matter, the Jones decision provides a robust foundation for future courts facing Federal Aviation Act preemption challenges in “public aircraft” tort cases.

Hot Topics and Current Issues Related to Aircraft Ownership, Cost Sharing, and a Case in Point if the Law is Not Followed

This paper will explore the issues encountered when multiple users and/or entities purchase or sell an aircraft for business or personal use, which commonly involve the navigation of and compliance with Federal Aviation Administration (FAA) and Internal Revenue Service (IRS) regulations and accompanying federal statutes. This paper will also address the ownership of aircraft by multiple individuals and/or entities, and then operations under various ownership structures. Where multiple aircraft owners are involved, the utilization of dry leases, time sharing agreements, interchange agreements, and co-owner/joint-ownership agreements may be used to navigate FAA and IRS regulations and rules. Also, co-owning an aircraft, but not actually having “ownership” of the aircraft, through another company (an off balance sheet entity for example) will be addressed. Aircraft owned through an owner trust can also provide anonymity, ownership advantages, and can help navigate ownership registration issues. This paper will also address the U.S. Eastern District Federal Court Criminal Organized Crime and Drug Task Force Enforcement prosecution case against an aviation escrow, title, and trust company; along with the principals of those companies, which involved aircraft registration, sale, and ownership issues.

Automated Versus Manual Cardiopulmonary Resuscitation in Flight: Are We Being Safe?

ObjectiveThe primary purpose of this study was to compare the percentage of return of spontaneous circulation of in-flight cardiac arrest (IFCA) patients on admission to the emergency department (ED) who received in-flight standard cardiopulmonary resuscitation (s-CPR) versus automated cardiopulmonary resuscitation (a-CPR). SettingEMS helicopter (HEMS) service in Midwest USA. MethodsThis was a prospective, consecutive case series of adult patients who had IFCA of any cause managed with a-CPR between October 1, 2012, and February 8, 2016 (40 months), at a helicopter emergency medical service (HEMS) in the Midwestern United States. The series was compared with a historical control of patients who had IFCA managed by s-CPR between June 1, 2009, and September 30, 2012 (40 months). ResultsNinety-five runs (39 s-CPR and 54 a-CPR) were included. There was no significant difference in survival between the 2 groups upon HEMS leaving the ED. Cardiopulmonary resuscitation was performed for a significantly longer period of time in the a-CPR cohort than in the s-CPR cohort, and a significantly higher percentage of patients were undergoing active compressions upon loading into the aircraft in the a-CPR cohort. ConclusionThere was no difference in return of spontaneous circulation on ED admission between the 2 compression methodologies. In-flight use of a-CPR allows HEMS providers to be safe and compliant with Federal Aviation Administration regulations. It also meets the public and medical profession's expectations of the treatment of IFCA with high-quality cardiopulmonary resuscitation by HEMS.

EVTOL Certification in FAA and EASA Performance-Based Regulation Environments: A Bird Strike Study-Case

Considering the new generation of air mobility vehicle that has been developed, the electric vertical take-off and landing (eVTOL) aircraft operation will become a reality in the next years. This paper studies the main concerns that can be pointed out due to the different certification approaches that the Federal Aviation Administration (FAA) and European Union Aviation Safety Agency (EASA) have been applying for this kind of aerial vehicle. The paper explores the 14 CFR Part 23-64 and CS-23-5 reorganization to demonstrate how these changes into the requirement structure will be important and influence the eVTOL certification basis construction. Based on the high probability of bird strike events that an eVTOL may face due to its altitude operation, a study-case for a bird strike certification using the known FAA and EASA approaches is performed, considering the current regulation presented into Part 23/CS-23, Part 27/CS-27, Part 29/CS-29 and SC-VTOL-01. The main differences concluded in this evaluation and possible risks and difficulties that an applicant will face during the process are then explored. A final comparison between a bird strike certification process that may be required by FAA and EASA is presented, as well as a recommendation based on the study.

Comparison of dispersion calculation methods for sounding rockets

Sounding rocket's flight safety is a major issue when planning its flight campaign. While flight procedures for conventional sounding rockets with solid motors are well-known and tested, non-conventional designs that have begun test flights have not been assessed adequately. These new designs include liquid or hybrid motors and a parallel staging. With an additional parameter in pre-launch procedures in addition to elevation and azimuth – propellant mass – a new dimension is introduced to calculations, which increases computation time. This motivates to analyze alternatives to a large-sample Monte Carlo analysis which is the current state-of-the-art. This paper presents a short literature review of historical and current methods for calculating a landing point dispersion for sounding rockets. It follows with a description of two methods that should provide faster dispersion calculations without compromising on safety - at a cost of the dispersion estimate being larger. The first method is the root sum square, which is already present in Federal Aviation Administration regulations, and the other is to calculate dispersion using Monte Carlo with fewer iterations, and scaling the solution up to make up for an additional uncertainty. Methodologies proposed to compare any pair of dispersions mathematically are discussed. The paper describes the design of numerical testing of proposed methods, which is based on a simulation model of the ILR-33 AMBER 2K rocket. Simulation results allowed to verify dispersion calculation methods for a sounding rocket with a non-conventional configuration, and show that given an adequate margin, the Monte Carlo method can be replaced by the two aforementioned methods to save significant computing time.

Experimental validation of a shape-memory alloy slat-cove filler: Structural response and computational model development

Current and expected Federal Aviation Administration regulations are pressuring the aerospace industry to develop new technologies that reduce aeroacoustic emissions, which may affect the health and well-being of community members. With recent technological advancements reducing noise emissions from aircraft engines, airframe noise sources now represent a large component of the total emitted noise during approach and landing. This research investigates a shape-memory alloy slat-cove filler concept, which is a promising noise reduction technology for the leading-edge-slat high-lift system. Aerodynamic and structural experiments are conducted with the purpose of characterizing response under relevant flow conditions. A model-scale wing section prototype was treated with a slat-cove filler and used to compare aerodynamic effects of the shape-memory alloy treatment at multiple settings. It is shown that the addition of the slat-cove filler does not detrimentally impact the aerodynamic response of the wing prototype and actually resulted in a higher lift-to-drag ratio. Aerostructural experiments were conducted incorporating Digital Image Correlation measurements and displacement measurements from a custom-designed system based on a laser displacement sensor. These experiments determined the structural response of the shape-memory alloy slat-cove filler during a typical retraction/deployment cycle under relevant wind tunnel test conditions and compared to results from a finite element analysis model.

Instructions on the Use of Unmanned Aerial Vehicles (UAVs)

The purpose of this document is to provide guidance on the appropriate use of Unmanned Aircraft Vehicles (UAV) or Unmanned Aircraft Systems (UAS) in the State of Florida. All research and commercial activities involving the use of UAVs shall be conducted in compliance with applicable federal and state laws, statutes, and regulations. The Federal Aviation Administration (FAA) has jurisdiction over all navigable airspace in the United States. All aircraft, whether manned or unmanned, are subject to FAA rules and regulations and violations carry severe federal penalties.
 The FAA allows small (under 55 pounds) unmanned aircraft operated solely for hobby and recreational purposes to be flown under the rules and restrictions outlined in Section 336 of the FAA Modernization and Reform act of 2012 (Public Law 11295). Currently, the FAA considers the use of an unmanned aircraft for educational or training purposes to be commercial in nature.
 Below, we provide step-by-step guidance for operating an UAV for commercial (or research) purpose.

Bridge inspection: human performance, unmanned aerial systems and automation

Unmanned aerial systems (UASs) have become of considerable private and commercial interest for a variety of jobs and entertainment in the past 10 years. This paper is a literature review of the state of practice for the United States bridge inspection programs and outlines how automated and unmanned bridge inspections can be made suitable for present and future needs. At its best, current technology limits UAS use to an assistive tool for the inspector to perform a bridge inspection faster, safer, and without traffic closure. The major challenges for UASs are satisfying restrictive Federal Aviation Administration regulations, control issues in a GPS-denied environment, pilot expenses and availability, time and cost allocated to tuning, maintenance, post-processing time, and acceptance of the collected data by bridge owners. Using UASs with self-navigation abilities and improving image-processing algorithms to provide results near real-time could revolutionize the bridge inspection industry by providing accurate, multi-use, autonomous three-dimensional models and damage identification.

Modeling community noise impacts from launch vehicle propulsion noise

Commercial space is an emerging and evolving market as evidenced by the vast array of launch vehicles under development as well as the growing number of active and proposed launch sites. Federal Aviation Administration regulations require all new spaceports and launch vehicles to acquire a license. Part of the application process requires an environmental review to address the potential noise impacts to the environment and local communities. Accurate predictions of noise exposure from launch vehicles require models that have been validated over a range of vehicle types, operations, and atmospheric conditions. A high-fidelity launch vehicle simulation model, RUMBLE, has been developed to predict community noise exposure from spaceport launch, reentry, and static rocket operations. RUMBLE implements industry standard modeling practices to efficiently compute sound pressure level time histories, maximum levels, and sound exposure levels using the vehicle’s engine parameters and geo-referenced source/receiver definitions. An overview of RUMBLE’s underlying physics and the results of initial validation efforts (using multiple full-scale launch measurements) will be presented.

A free-form side-emitting lens for airfield lighting

Side-emitting lenses are essential devices in some special lighting fields. Two types of side-emitting lenses with refractive and total reflective free-form surfaces are introduced. The principles of geometric optics and non-imaging optics are adopted to construct the free-form surfaces without complex mapping or a differential iteration process. As an example, an elevated taxiway edge light is designed for airfield lighting. A side-emitting lens with two sawtooth additions on top is designed to meet the luminous intensity distribution required by the US Federal Aviation Administration (FAA). An analysis is carried out to determine tolerance limits during manufacture and installation. Computer simulation results show that a side-emitting efficiency of 85.4% is achieved for a Cree XP-E LED. The light distribution of this elevated taxiway edge light complies with the FAA regulations.

Evaluating Methods of FAA Regulatory Compliance for Educational Use of Unmanned Aircraft Systems (UAS)

Educational institutions on all levels of the educational spectra are interested in integrating unmanned aircraft systems into their curricula; however, complex Federal Aviation Administration (FAA) regulations and potential liability issues may deter some institutions from proceeding. Using document analysis of FAA regulations, legal interpretations, and precedent, the researchers codify and compare the methods by which educational entities can legally comply with the FAA’s UAS regulations. This research overviews key issues with each method of compliance, including UAS flown as: a Public Aircraft Operation, under a Public Law 112-95 Section 333 Exemption, for hobby and recreational purposes under Public Law 112-95 Section 336 Model Aircraft Rules, and in compliance with the newly released 14 CFR Part 107 Regulations. The researchers present a recommended decision matrix for educational entities to evaluate their individual operational needs and select the most appropriate method of regulatory compliance for UAS integration. Additionally, the researchers present a proposed framework for an institutional review committee to evaluate and safely implement UAS operations at educational campuses.

Implementing Conditional Inequality Constraints for Optimal Collision Avoidance

Current Federal Aviation Administration regulations require that passing aircraft must either meet a specified horizontal or vertical separation distance. However, solving for optimal avoidance trajectories with conditional inequality path constraints is problematic for gradient-based numerical nonlinear programming solvers since conditional constraints typically possess non-differentiable points. Further, the literature is silent on robust treatment of approximation methods to implement conditional inequality path constraints for gradient-based numerical nonlinear programming solvers. This paper proposes two efficient methods to enforce conditional inequality path constraints in the optimal control problem formulation and compares and contrasts these approaches on representative airborne avoidance scenarios. The first approach is based on a minimum area enclosing superellipse function and the second is based on use of sigmoid functions. These proposed methods are not only robust, but also conservative, that is, their construction is such that the approximate feasible region is a subset of the true feasible region. Further, these methods admit analytically derived bounds for the over-estimation of the infeasible region with a demonstrated maximum error of no greater than 0.3% using the superellipse method, which is less than the resolution of typical sensors used to calculate aircraft position or altitude. However, the superellipse method is not practical in all cases to enforce conditional inequality path constraints that may arise in the nonlinear airborne collision avoidance problem. Therefore, this paper also highlights by example when the use of sigmoid functions are more appropriate.

Free Speech and Democracy in the Video Age

The pervasiveness of digital video image capture by large segments of the public has produced a wide range of interesting social challenges, but also presents provocative new opportunities for free speech, transparency, and the promotion of democracy. The opportunity to gather and disseminate images, facilitated by the reduced expense and easy access to camera phones and other hand-held recording devices, decentralizes political power in transformative ways. But other uses of this technology represent potentially significant intrusions on property rights and personal privacy. This tension creates a substantial dilemma for policymakers and theorists who care about both free speech and privacy. Because of these putative social interests, laws governing video image capture are becoming more widespread across a number of different regulatory regimes, from Federal Aviation Administration regulations of drone recordings to bans on recordings of police officers performing their duties to so-called Ag-Gag laws, which criminalize the video recording of incidents of animal abuse at commercial agricultural facilities. In this Article, we examine constitutional theory and doctrine as applied to emerging government regulations of video image capture and propose a framework that will promote free speech to the fullest extent possible without presenting unnecessary intrusions into privacy interests.The Article first argues that video recording is a form of expression or, at the very least, is conduct that serves as a necessary precursor of expression such that it counts as speech within the meaning of the First Amendment. We continue with the novel argument that none of the features that make video recording a form of speech apply differently when the recording takes place on private property. Next, we examine under what circumstances video recording is constitutionally protected. We claim that video recording in public places or on private property with the consent of those recorded is presumptively protected speech under the First Amendment. But we also argue that the right to record attaches even when the recording is nonconsensual and occurs on private property, as long as the material recorded is a matter of public concern. While we acknowledge that the First Amendment does not limit the enforceability of generally applicable prohibitions on access to private property, we nonetheless suggest that a recording of activity that is a matter of public concern and is done by someone who is lawfully present on that private property is protected speech.That is not to say that all regulation of such recordings violates the First Amendment, and we therefore address when countervailing governmental interests might justify limitations on the right to record, including tangible property interests and reasonable privacy expectations. Throughout this part, we draw on examples of laws regulating video recordings to suggest how our proposed model for a right to record would apply in context. The First Amendment model developed in this.

Flame-retardant fibrous materials in an aircraft

An increasing number of flying hours requires an improved level of confidence in safety and comfort for crew staff, passengers, and valuables. Alternative or improved material utilization in interior furnishing and structure is perceived important in producing an aircraft. Fibrous material used in an aircraft may enhance the level of safety and the desired effects in producing the structural components. Aircraft accidents and loses to lives and valuable caused by fire are known in aviation history. Flammability in an aircraft as a leading cause or as a subcause may be prevented through an appropriate utilization of flame-retardant (FR) fibrous materials used in aircraft design and manufacturing and in interior furnishing. Improving the prevention of fire hazard through reduced flammability materials was a desired activity for achieving safer air travel. Important FR fibers (FR finished natural fibers and high-performance fibers including synthetic polyamides, carbon, and ceramic fibers), finishes (organophosphorus reagents), and fibrous structural components in aircraft are discussed. FR finishes including brominated FR with reference to recent environmental concerns are described. Standard testing of FR fibrous material based on the Federal Aviation Administration regulations are introduced for any flammability requirements. This study is particularly conducted to appreciate how fibrous materials are useful in improving the flame retardancy and any other performance factor including safety and reduced fuel consumption in an aircraft.

Foreign Object Damage Analysis of Aircraft Structural Materials

Present day aircraft industry is focusing on weight reduction and fuel usage optimization which would ultimately lead to greener aero structures. The major challenge is the material selection by considering the design, operation and accidental scenarios. Composites have been considered along with advanced aluminum alloys for aero structures. One of the extreme operational scenarios is foreign object damage onto aircraft outer surfaces. The papers focus on the impact capability analysis of composites and aluminum alloys. Overall methodology of meeting the certification requirement is discussed using numerical tools. Finite Element of an aircraft windshield & surround structure for the bird-strike requirement according to the Federal Aviation Administration (FAA) Certification Specifications is discussed. Various methods of bird modeling and impact analysis is presented. Analysis is made based on the obtained numerical results. The Analysis Software used for the impact analysis were LS-Dyna and Ansys along with Hyper-mesh was used for pre-processing (Mesh). The geometry is developed using Catia. The objective of the paper is to bring out the simulated impact strength of the aircraft panels get an insight into the impact strength while meeting other criteria. Analysis high lights the need for considering extreme operation scenario like bird strike (Impact) while aiming for better material options for aircraft structures. New Materials for aircraft structures have been developed to meet the growing demands of the weight reduction and better fuel usage optimization. While the research has been focusing on the strength and density aspect of material options like aluminum and composites extreme operational scenario like Foreign Objects Damage will induce high impact loads onto to structures. The criteria are addressed in FAA regulations. As the problems impact highly non linear in nature certification based on numerical results has been a challenge. Future materials development model should be directed to address the impact loads that areexpected during operation [1]. Focus of static strength and density criteria should also include the dynamic failure mechanisms like bird strike. In current work existing models of bird in numerical tools like LSDYNA is used. Meeting the Certification requirement can be better understood by using numerical tools. This is help us in final applicability og material while choosing design direction. Due to increased air traffic in recent decade’s bird strike is seen as major threat to air safety. In addition higher flight speed (high Mach) is leading to higher kinetic energy and huge impulsive force generation during the impact conditions. The probability of bird hit on outer surfaces of the aircraft is high based on earlier experience. The date available in the open literature shows the projected parts of fight need attention. The loss of life due to bird strike has been recorded to be significantly high number. Among the all components of aircraft front facing components of an aircraft which include the nacelles, windshield, wind leading edge, compressor blade, et care often most susceptible to such strikes. It is therefore critical to ensure that the different structural parts are able to withstand such high velocity impact for safe landing of the aircraft after the strike This essentially requires maintaining integrity while undergoing plastic deformation. Table1. Aircraft components and FAR Sections

Impact of flight regulations on effective use of unmanned aircraft systems for natural resources applications

Unmanned Aircraft Systems (UAS) have great potential for rangeland assessment, monitoring, and numerous other applications in natural resources management. In order for UAS to become a dependable tool for public land management agencies in carrying out their government-mandated responsibilities, it is necessary to integrate UAS into the National Airspace System (NAS), which includes all aircraft, manned or unmanned. To achieve this, Federal Aviation Administration (FAA) regulations have to be followed to assure public safety. UAS operators need to know that FAA safety regulations, which incorporate line-of- sight restrictions, will only allow slow progress towards an operational system, and they must plan accordingly for the extra time necessary to prepare and complete flight missions. By following approved safety procedures, UAS operators can develop a UAS flight team that is capable of accomplishing missions anywhere in the United States while contributing to a totally integrated NAS comprised of all aircraft systems that can be used jointly for natural resources management. At the same time, it is hoped that FAA regulations will change in the future based on the capabilities and experience of the UAS flight team and on the locale in which operations take place, especially over large, remote, and sparsely populated areas.

Integrity of composite aircraft fuselage materials under crash fire conditions

This paper summarises a series of small scale tests carried out to evaluate and model the postcrash fire integrity of composite aircraft fuselage structures. The US Federal Aviation Administration regulations for the penetration of an external fuel fire into an aircraft cabin after crash require a burn-through period of 4 min (FAA § 25·856 Appendix F, Part VII). Different candidate structures for the next generation of composite aircraft fuselage, provided by EADS, were investigated, including CFRP monolithic laminate and a folded core CFRP sandwich. Those materials were subjected to constant heat flux from a propane gas burner, while being held under compressive load in a small, specially designed compression test rig with antibuckling guides. The sample time to failure was measured, along with the temperatures at various points through the thickness. Modelling the thermal and structural behaviour under load required the use of a modified version of the Henderson equation, which describes heat transfer through composites under ablative fire conditions. This has been incorporated into the Com_Fire software model. Kinetic parameters for the resin decomposition reaction were determined from thermogravimetric data and other thermal parameters, conductivity and diffusivity, were measured experimentally. The paper will examine measured and modelled behaviour of the CFRP monolithic laminate.

Federal Preemption of State Regulation Over Air Ambulances

Federal Preemption of State Regulation Over Air Ambulances

Helicopter shopping

In 2006, the Federal Aviation Administration (FAA) held a helicopter emergency medical services (HEMS) Weather Summit, co-sponsored by the National Center for Atmospheric Research in Boulder, Colorado. Representatives from several national air medical organizations and private companies were invited to discuss the major issues in emergency medical services (EMS) that involve weather: from weather reporting to FAA regulations to common HEMS practices. One of the practices that the FAA was concerned about was helicopter shopping. The FAA defines helicopter shopping as “the practice of calling, in sequence, various operators until an operator agrees to take a flight assignment, without sharing with subsequent operators the reasons the flight was declined by previously called operators.”

Commercial Space Tourism and Space Weather

Commercial Space Tourism and Space Weather