Archive for December, 2009

TSA Drops Subpoenas Against 2 Bloggers

The TSA has now dropped subpoenas against two bloggers who were among many who published the infamous security directive the agency issued right after the Christmas Day terrorist bombing attempt on a Delta/Northwest flight from Amsterdam to Detroit.

The agency had sent its agents to the homes of two travel bloggers, Steve Frischling and Chris Elliott, to serve them with subpoenas demanding they tell the TSA where they got copies of the directive the agency sent out widely to airlines and others on Christmas Day after the dimwitted Underpants Bomber failed in his attempt to blow up the flight as it was about to land in Detroit.

Sending agents to these two guys’ homes was yet another recent remarkable act by the agency, which had been deeply embarrassed by the hostile public reaction to the rules outlined in the directive. You know, the ones that said that on international flights into the U.S., everybody had to stay seated for the last hour of the flight, with no personal possessions of any kind in hand or on lap.

The Underpants Bomber had scarcely stopped smoldering before the ridicule over that directive was reverberating all over the Internet. The directive was promptly revised.

The agency, as I noted last week, before the media finally woke up to this amazing fact, is still being run by Bush appointees, some of whom, like Gale Rossides, the acting director, have been with TSA since the very beginning. President Obama and Homeland Security Secretary Napolitano dilly-dallied and took till August to come up with a nominee to head the agency, Erroll Southers. Southers is a former FBI agent and Santa Monica cop, a well-known scholar in terrorist risk-management, and the head of terrorism intelligence and Homeland Security liaison at Los Angeles International Airport. The Southers nomination finally went to Congress in September.

At which point one of those Republican super-patriots, South Carolina Senator Jim DeMint, put a “hold” on the Southern nomination that has kept it in limbo ever since. DeMint, who comes to his current expertise in international counter-terrorism from his distinguished life experience as a corporate market researcher, believes that Southers might be insufficiently hostile to the idea that the TSA work-force might become unionized. And labor unions, in a state like South Carolina, are evidently seen as a grave danger (despite the fact that most law-enforcement agencies, including the best in the world, the New York Police Department, are heavily unionized).

Anyway, here we are. Our air-travel security remains in the hands of an agency still run by Bush appointees, almost a year after the new administration took office. An agency whose management seems to be flailing, at a very dangerous time. An agency that has now insulted the First Amendment by sending its agents to the homes of journalists to intimidate them in front of their families.

And don’t forget: That knee-jerk security directive of Dec. 25 was not exactly the Pentagon Papers. It was readily available online and via e-mail to anyone who looked for it, and to many who did not. Within hours after it was evidently rashly issued to airlines, it was rocketing around online faster than a Nigerian (hmmmmm) lottery scam.

In backing off the ill-advised subpoenas today, the TSA issued a strange “never mind” statement that, my guess is, does not end this matter. After all, someone at the agency thought it was a good idea to send its cops to these guys’ houses and even seize one of their laptops. The question now is, who made that call?

Here’s the TSA statement:

“TSA takes any breach in security very seriously. In light of the posting of sensitive security information on the web, TSA sought to identify where the information came from. The investigation is nearing a successful conclusion and the subpoenas are no longer in effect.”

My follow-up question, which I have conveyed to the TSA, is this: “Who specifically at the TSA decided to send the agents to these two bloggers’ homes, and in one case seize a laptop, and was that decision approved by Acting Director Rossides?”

[UPDATE, Jan. 7, 2010 -- Still no response from the TSA to the question of whose idea it was to dispatch agents to the homes of those two bloggers. My guess is the TSA would just as soon we all forget about that boneheaded stunt.]

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29 DEC 2009 - Pacific Island Seaplanes de Havilland Canada DHC-3T Otter Accident

29 DEC 2009, ca 18:00
de Havilland Canada DHC-3T Otter
DQ-GLL ? - Pacific Island Seaplanes
0 / 6
Vomo Island (Fiji)
Passenger flight, during Unknown
According to Fiji news sources a DHC-3 Otter on floats was involved in an accident when it tipped ov... (more)

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25 DEC 2009 - Northwest Airlines Airbus A330-323X Criminal Occurrence

25 DEC 2009, ca 11:30
Airbus A330-323X
N820NW - Northwest Airlines
0 / 289
Detroit-Metropolitan Wayne County Airport, MI (DTW) (USA)
International Scheduled Passenger flight, during Approach
An Airbus A330-323Xpassenger jet, registeredN820NW, was involved in a failed attempt toblow-up the ... (more)

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Let The New Security Bumbling Begin … Meanwhile, Why Has the TSA Been Without a Director Since January?

More than 30 years ago, while working on a book, I spent almost a year on the tiny Mediterranean island of Malta. There was very little crime in Malta, owing partially to the good character of its inhabitants, but also to its geography. The island is about 23 miles at its longest and about eight miles at its widest. A criminal, especially one who commits a crime in public, is quickly seized.

While I was there, a spectacular armed bank robbery occurred that kept people talking for months. Not that the robbers got away with much, it was just that they did the deed in public, sticking up the little bank and then running out to the getaway car, which was parked right out front.

As I recall, they got about four miles away before a flock of sheep slowed their escape, and the police arrived and grabbed them. And as I recall the two robbers were sent to jail for a bit, and then committed for a spell to the lunatic asylum, and that’s exactly what they called it on Malta.

As I said, this was quite a sensation, and there were demands in the papers (both of them) that Action Be Taken to address the evident crime spree. And Action was taken. The government quickly decreed that henceforth, it would be illegal to park a car in front of a bank.

Much hilarity ensued, the Maltese being famously cynical. It would be correct to say that bank robberies ceased, though no one could remember there being a previous one to the incident in question. There was evidently just the one.

This all comes back to me today as I read the accounts of that scary incident on the Delta/Northwest flight yesterday from Amsterdam to Detroit, where on final approach a moron would-be terrorist from Nigeria named Umar Farouk Abdulmutallab “set off a device, while resulted in a fire and what appears to have been an explosion,” according to the federal arrest warrant.

The perpetrator “was subdued and restrained by passengers and flight crew,” the warrant says.

There is no need here to summarize this incident further, as it is all over the media, of course. This barking idiot Umar Farouk Akdulmatallab, whether trying to make a name for himself or whether acting with encouragement from other aspirational terrorists, tried and failed to create serious damage on an airplane.

But let’s now look at the immediate response, because it seems that hysteria once again has been reaction No. 1.

Assuming major press reports are correct, security has been “heightened” all over. O.K., that’s sensible enough. One can assume aspirational copy-cats.

But reports also say (though they seem to be thinly sourced) that the TSA  plans to impose very strict limits on “passenger behavior,” including requiring all passengers to remain seated for the final hour of any flight, and prohibiting passengers from having “personal belongings or other items on their laps” during that final hour.

Let’s see, some half-wits rob a bank and drive away in their car, and the government responds by making it illegal to park in front of a bank. Oh, wait, no: That was Malta, a long time ago.

Why am I reminded of it today?

While the security knee-jerkers carry on, making things up as they go along as usual, let’s note  what seems to me to be a salient point here.

Who is in charge of security?

Congressman Pete King, the ranking Republican on the House homeland security committee, has all over the news today, demanding Action.

Yet has no one asked Mr. King or his colleagues rushing to the microphones the following question: Why have congressional Republicans been blocking President Obama’s nominee to head the Transportation Security Administration — which has been without a permanent director for nearly a year? (A Bush appointee has been running the agency on a temporary basis since Kip Hawley, the last director, left office when the new administration took over in January).

Hawley had his critics, but by most accounts (including mine) he was a serious professional who understood risk management as opposed to mere security theater (though he was forced, by Congress and the media, to keep the security-theater show firmly on the boards).

One of the initiatives Hawley was intently engaged in was working with foreign air-travel security authorities to try to impose international standards not only in things like airport screening (which Umar Farouk Abdulmutallab evidently sailed through with incendiary material on his person in Amsterdam), but also in vital efforts such as intelligence gathering and sharing. Hawley had the respect and the attention of international security agencies. Serious progress was being made.

But Hawley left in January, and the T.S.A. has been without a director since.

According to some reports today, Umar Farouk Abdulmutallab was a known security threat, in that his name and identity evidently appeared in some intelligence data-banks, meaning he should have been on the “selectee” section of the famous “terrorist watch lists.” That means, he should have got a thorough secondary going-over and questioning before he boarded that flight to the United States.

Yet, a terrorist — aspirational or not — slipped through cracks in the system and managed to create that incident on an airplane in U.S. airspace.

Hawley was working to seal those cracks, and the man President Omaba named to replace Hawley, Erroll Southers, has been cooling his heels, waiting for Republicans in Congress to get out of the way so the nomination can be approved.

Evidently, there is some concern among some Republicans that Mr.  Southers might be not hostile enough toward unions.   And so the TSA goes without a leader.

Mr. Southers is the assistant chief of police at Los Angeles International Airport, in charge of intelligence and Homeland Security. He is a well-respected scholarly authority in risk-analysis as a component of intelligence and security. He is a former FBI agent, and a former cop. That evidently is not good enough for South Carolina Republican Sen. Jim DeMint, a former market researcher, who has been blocking the Southers nomination for idealogical reasons.

So before we let the T.S.A. run around reacting wildly to the Delta/Northwest incident, let’s ask why that agency has been without a director since last January?

You know, the same agency that managed to accidentally post online its entire security procedures manual recently? That keeps changing signals about deploying new body-imaging technology?

“If there ever was a question about clearing the way for the appointment of a permanent administrator for this beleaguered agency, it has certainly been answered by this most recent misstep,” according to a statement earlier this month in support of the Southers nomination by the American Federation of Government Employees.

That’s a union.

The statement criticized Sen. eMint for placing a Senate “hold” on the Southers nomination. DeMint, of course, is the South Carolina far-right-wing activist and super-patriot. A single senator, even one in the minority, can block a presidential appointment these days, pretty much indefinitely.

This is what DeMint has to say grandly today on his Senate Web site:

“Sen. Jim DeMint believes terrorism is the greatest threat posed to America and that the United States must remain committed to the long war on global terror. We can not afford to stand by while networks of terror assemble, plan and act against free and open societies. America must pursue terrorists and any one who supports their murderous plans.”

Back in October, on the same Senate Web site, DeMint explained his blocking of President Obama’s nominee to run the T.S.A. this way:

“Today, U.S. Senator Jim DeMint (R-South Carolina), ranking member of the Aviation Operations, Safety and Security Subcommittee, sent a letter to Erroll Southers, President Obama’s nominee to head the Transportation Security Administration (TSA), asking for a clear answer about whether he will unionize the TSA’s security screeners if confirmed.

‘The safety and security of the American people are far too important to be controlled by union bosses,’ said Senator DeMint. ‘It’s time for Mr. Southers to give an unequivocal answer: Will he give union bosses control over the safety of Americans at our airports, yes or no?’

‘Unionizing TSA would be a homeland security disaster. TSA needs to be nimble in responding to ever-changing threats. Having to wait and check with the union bosses before reacting to urgent aviation security threats reduces our ability to keep Americans safe. TSA must quickly move personnel to protect the traveling public, and allowing union bosses to control these decisions is a dangerous and unacceptable security risk.’”

Yep, the T.S.A. has been drifting along without a director for a year because a right-wing Republican from South Carolina has surveyed the situation and identified the real terrorist threat to America:

Unions.

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Who Else Gets Up at 4 A.M.?

 

Up at 4 a.m. — 3.55 a.m. actually, duck out into the chilly black night for a quick bracing view of the starry Arizona desert sky, then back inside for a fast browse of the online news.

Ugh, a crazy person has lept over a pew and jumped the Pope at Christmas Mass — right in St. Peter’s. (He evidently was not hurt).

What the hell kind of security do they have in Rome? I mean for Pete’s sake (so to speak), Derek Jeter gets better protection at Yankee Stadium.

And the video. Did you see how those people were dressed, in St. Peter’s, with the Pope, on Christmas Eve? Down jackets and cheap scarves and jeans? They looked like the mid-morning crowd at Wal-Mart. Come on, folks: At least put on a tie or a skirt for Christmas Mass at St. Peter’s with the Pope in attendance. Dress well. He does.

Anyway, back to reality here. Who gets up at 4 a.m. unless it’s for a tragedy, an illness, a boot-camp whistle, a psychotic episode or …oh yeah, an airplane trip, which come to think of  it shares something in common with all of those things. The airlines have conditioned us to getting up at 4 a.m. Hit the deck!

The online air-travel maps are all blinking green. (After all, it isn’t dawn yet in half of the country). The media weather hysterics seem to have settled in for a long winter’s nap. Hey, it’s snowing in Minneapolis. Hey, it’s winter! It’s Minneapolis!

The air travel system is still tangled from the thousands of cancellations last weekend on the East Coast. Airplanes are not all where they should be. Crews are out of place, and work schedules are messed-up, with the end of the month approaching. Who knows what adventure lies ahead for me today between Arizona and Newark?

Once more into the breach! My cross-country flight is on time, and so is the connection through the uproariously named George Bush Intercontinental Airport, where I brace myself for that all-consuming announcement from the shrill lady on the loudspeaker constantly threatening to “`rist” anyone for making inappropriate jokes or comments about security.

The bag is packed, the coffee mug washed.

A quick duck outside for a lungful of cold desert air and a look at that black starry sky, where a meteor streaks into the horizon over the mountains.

And so away, and Merry Christmas to all.

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20 DEC 2009 - 748 Air Services British Aerospace BAe-748-398 Srs. 2B Accident

20 DEC 2009
British Aerospace BAe-748-398 Srs. 2B
5Y-YKM - 748 Air Services
0 / 36
Tonj Airfield (Sudan)
Domestic Non Scheduled Passenger flight, during Landing
A British Aerospace BAe-748 turboprop plane, registered 5Y-YKM, was damaged when it suffered a runwa... (more)

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19 DEC 2009 - Hawker Siddeley HS-748 ? Accident

19 DEC 2009
Hawker Siddeley HS-748 ?
-
0 / 36
Tonj Airfield (Sudan)
Domestic Non Scheduled Passenger flight, during Landing
According to media reports an aircraft suffered a runway excursion at Tonj Airport, Warrap State, so... (more)

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Passenger Bill of Rights, DOT Style

In response to consumer complaints about being stranded in airplanes for hours, the U.S. Department of Transportation (DOT) has issued new rules to "enhance airline passenger protections" in the following ways:


By requiring air carriers to adopt contingency plans for lengthy tarmac delays and to publish those plans on their websites.

By requiring air carriers to respond to consumer problems.

By deeming continued delays on a flight that is chronically late to be unfair and deceptive in violation of 49 U.S.C. §41712.

By requiring air carriers to publish information on flight delays on their websites.

By requiring air carriers to adopt customer service plans, to publish those plans on their websites, and audit their own compliance with their plans.

This goes back to November 15, 2007 when the Department of Transportation issued an Advance Notice of Proposed Rulemaking (ANPRM) that "called for comment on seven tentative proposals intended to ameliorate difficulties that passengers experience without creating undue burdens for the carriers."


[The DOT] received approximately 200 comments in response to the ANPRM. Of these, 13 came from members of the industry-i.e., air carriers, air carrier associations, and other industry trade associations-and the rest came from consumers, consumer associations, and two U.S. Senators. In general, consumers and consumer associations maintained that the Department's proposals did not go far enough, while carriers and carrier associations attributed the current problems mostly to factors beyond their control such as weather and the air traffic control system and tended to characterize the proposals as unnecessary and unduly burdensome. The travel agency associations generally expressed support for consumer protections.


As a result of the input received, a Notice of Proposed Rulemaking (NPRM) was issued on December 8, 2008, which resulted in just 21 comments:


...10 comments were from members of the industry and the rest came from consumers and consumer associations. On the consumer side, eight individuals filed comments as did three consumer advocacy organizations: Flyersrights.org (formerly the "Coalition for an Airline Passengers Bill of Rights" or CAPBOR), the Aviation Consumer Action Project (ACAP) and the Federation of State Public Interest Research Groups (U.S. PIRG). Of the industry commenters, two carriers (US Airways and ExpressJet Airways), and two airport authorities (Dallas-Fort Worth International Airport and The City of Atlanta Department of Aviation) filed comments. Three industry associations filed comments: the National Business Travel Association (NBTA), the Air Transport Association of America (ATA), and the Regional Airline Association (RAA). Two travel agency associations, the American Society of Travel Agents (ASTA) and the Interactive Travel Services Association (ITSA), also filed comments, as did the Airports Council International, North America (ACI-NA).


The DOT stirred all this together, and posted the final rule on 21 December 2009. The air carrier contingency plans require "that each plan include, at a minimum, the following:"


(1) an assurance that, for domestic flights, the air carrier will not permit an aircraft to remain on the tarmac for more than three hours unless the pilot-in-command determines there is a safety-related or security-related impediment to deplaning passengers (e.g. weather, air traffic control, a directive from an appropriate government agency, etc.), or Air Traffic Control advises the pilot-in-command that returning to the gate or permitting passengers to disembark elsewhere would significantly disrupt airport operations;

(2) for international flights that depart from or arrive at a U.S. airport, an assurance that the air carrier will not permit an aircraft to remain on the tarmac for more than a set number of hours, as determined by the carrier in its plan, before allowing passengers to deplane, unless the pilot-in-command determines there is a safety-related or security-related reason precluding the aircraft from doing so, or Air Traffic Control advises the pilot-in-command that returning to the gate or permitting passengers to disembark elsewhere would significantly disrupt airport operations;

(3) for all flights, an assurance that the air carrier will provide adequate food and potable water no later than two hours after the aircraft leaves the gate (in the case of a departure) or touches down (in the case of an arrival) if the aircraft remains on the tarmac, unless the pilot-in-command determines that safety or security requirements preclude such service;

(4) for all flights, an assurance of operable lavatory facilities, as well as adequate medical attention if needed, while the aircraft remains on the tarmac;

(5) an assurance of sufficient resources to implement the plan; and

(6) an assurance that the plan has been coordinated with airport authorities at all medium and large hub airports that the carrier serves, including medium and large hub diversion airports.

Failure to do any of the above would be considered an unfair and deceptive practice within the meaning of 49 U.S.C. §41712 and subject to enforcement action, which could result in an order to cease and desist as well as the imposition of civil penalties.


This rule is not without problems from the air passenger's point of view (see DOT Mandates Passenger Bill of Rights and I’m Not Happy by Cranky Flyer), but I maintain my previous position: the airlines brought this on themselves. They did so by failing to step up to the core issues being raised by irate passengers. The airlines defended overflowing toilets, bad air, and hungry and thirsty passengers by declaring that it was not their fault: they couldn't control the weather.


Well, of course they could not control the weather. They could, however, actively manage the effects of long, weather-induced flight delays in a way that their customers could understand and relate to. "The airlines" didn't do that quickly in at least some highly publicized cases. I think the result was entirely predictable.


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Christmas Air-Travel Mess Ahead As Another Blizzard Looms, This One in the Plains and Parts of Midwest

Airlines are all putting out announcements that you can change your Christmas travel plans without penalty if you’re flying through “affected airports.” Here’s a look at the ones identified so far by Continental. All other airlines have are posting online bulletins.

Watch this one closely because a great big mess can grow in the Plains and Midwest and radiate throughout the air-travel system. And that system has not yet fully recovered from last week’s East Coast blizzard disruptions. Another big weather disruption will affect the system through New Year’s, as stranded passengers rush to get re-accommodated.

By the way, Chicago O’Hare has already had about 250 flight cancellations (arrivals and departures) as of 6 p.m. Central time.

Keeping in mind that media hysterics have a financial interest in hyping storms, gere’s a weather report. It’s looking ugly. Dear media: Let us please keep those jolly “white Christmas” references to a minimum?

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22 DEC 2009 - American Airlines Boeing 737-823 (WL) Accident

22 DEC 2009, 22:22
Boeing 737-823 (WL)
N977AN - American Airlines
0 / 154
Kingston-Norman Manley International Airport (KIN) (Jamaica)
International Scheduled Passenger flight, during Landing
A Boeing 737-823, registered N977AN and operated by American Airlines, sustained substantial damage ... (more)
photo of  N977AN

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