Cablegate: Civair: Response From Gos On Federal Aviation
VZCZCXRO1264
PP RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV RUEHSL RUEHSR
DE RUEHMD #0942/01 2651147
ZNR UUUUU ZZH
P 221147Z SEP 09 ZDK
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 1244
INFO RUCNMEM/EU MEMBER STATES COLLECTIVE PRIORITY
RUEHLA/AMCONSUL BARCELONA PRIORITY 4131
RHMFIUU/FAA WASHINGTON ARTCC WASHDC PRIORITY
UNCLAS SECTION 01 OF 02 MADRID 000942
SIPDIS
EEB/TRA/OTP: MWALKLET
E.O. 12958: N/A
TAGS: EAIR ECON SP
SUBJECT: CIVAIR: RESPONSE FROM GOS ON FEDERAL AVIATION
REGULATIONS VIOLATIONS
REF: A. SECSTATE 45150
B. 09 MADRID 00095
MADRID 00000942 001.2 OF 002
Action Request in Para 2
1. (U) Para 3 contains a translation of the response from
Spain's Agency for Air Safety (AESA) on 8 cases of alleged
violations of U.S. airspace (ref A). Background: Until this
year, the GOS had determined that it did not have the legal
jurisdiction to investigate cases of citizens or residents of
Spain who committed violations in the airspace of another
country (reftel B). In April of this year, the GOS reversed
its position, and in June it accepted for review copies of
the following reports: Docket numbers 2007EA250090,
2008EA150051, 2008EA150023, 2008EA290014, 2008EA290009,
2008EA290015, 2009EA290002, and 2009EA250021.
2. (U) The response describes actions taken by airlines
and/or GOS authorities in all cases except: a) Docket number
2007EA250090, which AESA found to be outside of its
jurisdiction; and b) Docket number 2008EA290009, for which
AESA indicates it would need a transcript of the
communication between the pilot and the ATC to complete an
investigation. Action Request: Post requests the transcript
if it is available.
3. (U) Following is a translation of the response from AESA
on the alleged violations of U.S. airspace:
In relation to your message on aeronautical violations
committed by Spanish nationals and air carriers, I can report
the following actions:
Jose Munoz, 6 August 2007 (2007EA250090)
As this incident took place on a foreign aircraft, operated
by a foreign airline (Continental Airlines) during a flight
whose origin and destination were outside Spain
(Paris-Newark), this Agency has no authority to sanction said
violation.
Sara Folch Vericat (2008EA150051) and Pablo Puga Gonzalez
(2008EA150023), 24 January 2008, and Juan M. Nunez, 9
November 2008 (2009EA290002)
These two incidents relating to loss of separation took place
in North Atlantic oceanic airspace, as notified to the FAA
inspector in charge of the investigation.
After the investigation, the carrier took corrective
measures, such as sending informative notes to the pilots,
providing technical publications and information on how to
prevent this type of incident, and the actions were used as
examples in the crew training courses given by the company.
Rafael Linares Pinate, 20 May 2008 (2008EA290009)
Incident relating to a runway incursion at the Boston
airport, which was reported to the FAA.
The carrier informed us that it has requested the
transcription of the communication between the aircraft and
the ATC, and to date has not had access to same, whereby this
Agency considers that until it has the necessary elements to
carry out an appropriate investigation, it cannot take any
action in regard to this incident.
Santiago Blanco (2008EA290015), 22 May 2008 and Cesar
Murillo, 28 May 2008 (2008EA290014)
Incidents relating to losses of separation that took place in
the North Atlantic oceanic airspace, which were reported by
the airline to the FAA inspector in charge of the
investigation. The airline has taken corrective measure by
enhancing the information contained in the navigational
charts and in the company's Operations Manual. Also,
information on this was published in the operator's Flight
Safety Bulletin for dissemination among the pilots.
Javier Arguello Fernandez, 22 January 2009 (2009EA250021)
Incident that took place when the aircraft flew above the
Teterboro (New Jersey) take-off procedure altitude.
It was reported to the FAA and corrective measures have been
taken, such as providing the two crewmembers with a refresher
course on operational procedures. Furthermore, the two
pilots were given a test of English, to see if there was any
problem in understanding communications, and they passed.
The captain of the flight was banned from piloting
international flights for two months.
I further report that the Spanish Agency for Air Safety
(AESA) is following up on the corrective actions taken by the
companies.
MADRID 00000942 002.2 OF 002
The Director of Aircraft Safety
Luis Rodriguez Gil
4. (U) For any follow up or further information, please
contact CivAir officer Amy Dove, 011-34-91-587-2399,
dovean@state.gov.
CHACON