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The Federal Aviation Administration (FAA) and the Occupational Safety and Health Administration (OSHA) have once again teamed up to coordinate efforts in enforcing a federal air carrier safety law. These agencies recently released a Memorandum of Understanding (MOU), the purpose of which “is to facilitate coordination and cooperation concerning the protection of employees who provide air safety information under . . . 49 U.S.C. § 42121,” the whistleblower protection provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21).  This agreement replaces a previous MOU between the agencies dated March 22, 2002, but the agencies’ other previous MOU, from August 26, 2014, remains intact.
Continue Reading OSHA Further Enlists the Help of the FAA in its Enforcement of Air Safety Whistleblower Provision

On September 30, 2015, President Obama executed the Airport and Airway Extension Act of 2015 (“Airport and Airway Extension Act”), passed earlier in the week by both the House of Representatives and the Senate.  The Airport and Airway Extension Act extends FAA funding for six months through March 31, 2016.
Continue Reading President Signs the Airport and Airway Extension Act of 2015

Without taking a position regarding the merits of any of the petitions for exemption that seven aerial photo and video production companies submitted to the FAA last month, Husch Blackwell LLP voiced its support for the exemption process to permit commercial operation of unmanned aircraft systems (UAS).  In response to the FAA’s request for comment, Husch Blackwell noted in its submission (submitted by Co-Chairs of the firm’s UAS team Tom Gemmell and David Agee, with assistance by Amanda Tummons) to the FAA’s Notice that while there are legitimate concerns regarding the use of UAS, the technology is here to stay and it should be allowed when commercial businesses can demonstrate parameters to ensure safe operations.
Continue Reading Husch Blackwell Comments in Support of Section 333 Petitions for Safe Commercial Use of Unmanned Aircraft

While pressure mounts for the FAA to issue regulations to incorporate unmanned aircraft systems (UAS) into national airspace systems and the challenges to the FAA’s current positions on UAS are in judicial limbo [see Commercial Use of Unmanned Aerial Systems? Are they legal? and FAA Faces Recent Challenges Over Restrictions on Operation of Unmanned Aerial Systems (UAS)] the FAA continues to move forward with the mandates set forth in the FAA Modernization and Reform Act of 2012.
Continue Reading Second UAS Test Site Operational

On July 29, 2006 a De Havilland DHC-6 Twin Otter departed the Sullivan, Missouri Regional Airport on a local skydiving flight.  Shortly after liftoff the right engine failed, the aircraft lost altitude, and crashed about ½ mile beyond the end of the runway. All on board died.

The National Transportation Safety Board (NTSB) found that the right engine turbine blades failed but could not determine the cause of the failure.
Continue Reading Let the Lawyer Beware — Punitive Damages and Strict Liability in Missouri