Recently in Regulatory Category

Michael Boyd is well known for making colourful - sometimes hilarious - comments about the aviation industry. I'm here in Aspen covering Boyd's annual aviation forecast conference and let me tell you, Boyd has not disappointed.

Here are some of Boyd's best observations, quips and jabs from today's show (in a handy Q&A format).

Would Congressman James Oberstar make a good Transportation Secretary?

"If Jim Oberstar knew half as much about the industry as he thinks he does, he'd be a great ramp agent."

How important is NextGen to current presidential hopefuls?

"Barack Obama wouldn't know ATC from an ATM machine."

How can you get the FAA's attention on NextGen?

"Why doesn't someone grab the FAA by the trachea and say 'fix this'."

How do you classify all the delays in deploying NextGen?

"NextGen is a no gen."

Will the Delta/Northwest merger have a big impact on the US aviation industry?

Delta and Northwest "are like two people who have shacked up for four years and have decided to get married".

What do you think of ATA CEO James May's statement that he would "take Norm Mineta over Mary Peters any day" in the role of Transportation Secretary?

"Maybe as a date."

What are your thoughts on China's ARJ regional jet?

"The Chinese are very creative. They've recreated the DC-9."

Other quotable quotes emerged from the conference. Here are some of the finest:

"When we launched the [A350] programme we thought it would be behind the 787 [delivery timeline], but we're catching up in our own little way" -  Airbus director market forecasting Simon Pickup.

"We are vested emotionally and financially in that hub [Memphis]. We won't give it up easy."  - Northwest Airlines VP of international marketing and sales Fred Deschamps.

"... sitting in front of 100 mayors on Friday, all of them [were] yelling and screaming about how we're cutting down capacity. But the short-term and long term solution is finding some sort of level playing field when it comes to the jet fuel price." - AMR VP, state and community affairs Kevin Cox.

(Photo above of James Oberstar)

Regional airline lobbying group the Regional Airline Association has been deliciously quotable of late. Today, for example, the group appeared to channel country singer Lori Morgan when making known its incredulity that the US DOT remains steadfast in its pursuit to auction New York slots despite this week's legal opinion from the Government Accountability Office to the contrary. To wit, the RAA asks:

"What Part of 'No' Don't They Understand?"

In Morgan's version, below, the follow-up lyric is: "To put it plain and simple, I'm not into one night stands." Something tells me that the RAA has no plans to make this argument a quickie. If necessary, these short-hoppers are ready to be in it for the long-haul.

If you're an airline employee under mandate to take a drug test, you best leave your Whizzinator at home. Effective 1 November, the US DOT will require airlines to "directly observe" employee urination in certain instances, such as when an employee returns to duty or requires a follow-up test.

Let's just call these observers the prosthetic penis police (PPP). Because that's what they're on the look-out for - folks who are trying to cheat the system by using an arsenal of devices (such as the Whizzinator) to hold someone else's urine and outsmart the system. Yes, there are devices for the ladies too (phew, for a moment there RWG was sounding slightly sexist).

The PPP's job description requires good eyesight and a deep awareness of the difference between real and plastic. The observer "must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show you, by turning around, that they do not have a prosthetic device. After you have determined that the employee does not have such a device, you may permit the employee to return clothing to its proper position for observed urination..."

Airlines big and small are outraged over this new regulation. In a joint filing with the US DOT, the Air Transport Association of America and the Regional Airline Association point out that there are no data to confirm that prosthetic devices are widely used within the transportation industry; the only data provided indicated that such devices are widely available (that's for certain).

"Several airlines indicate that they could lose highly qualified and completely innocent employees due to the intrusive nature of the new mandate - they will simply quit rather than be subjected to a procedure that borders on harassment", says Regional Airline Association VP Scott Foose.

Bare with me, or rather, bear with me as I state the obvious here. Couldn't this all get rather litigious? Who observes the observer whilst he or she is observing? Cue the debate for video cameras in the observation booth, aka the toilet.

(Photo above of Emirates A380 toilet...you didn't think it was a domestic carrier, did you?)

The other day I had what I'd like to think was a brilliant idea. Airlines that offer uncomfortably snug seating arrangements in steerage class (you know who you are), could start charging for compression stockings to prevent Deep Vein Thrombosis (DVT).

Hear me out. A trendy compression stocking supplier - if there is such a thing - or some other willing clothier could design fashionable yet sturdy hose for use on long-haul flights. Just imagine the array of designs and logos that could be employed.

"JetBlue won't let your leg turn blue" or "Skip the trains. Protect your veins. Fly Delta" or "United we stand in our stockings". And just as passengers can now purchase "pillow and blanket" sets for keeps, so too would the stockings be reusable on other flights. 

But alas, I'm afraid this idea may never fly. Why? Passengers pursuing damages for DVT injuries allegedly sustained during flights have lost yet another landmark lawsuit.

In what could very well close the book on these types of cases (and give airlines even more incentive to keep seat pitch tight), the US Court of Appeals for the Ninth Circuit has rejected the argument that airlines are liable for such injuries because they had not properly warned passengers of the risk of developing DVT.

Here's the ruling.

A key quote:
"Passengers maintain that such DVT warnings as were given through videos, magazines, and in ticket packets, failed to notify them of the risks of DVT. This is beside the point, given our holding in Caman that the airlines have no duty to warn of the risks of DVT. Given no duty to warn, it follows that there is no duty to warn in any particular way."

An attorney for the defense, Rod Margo, has followed the issue on his insightful blog. Speaking to me yesterday, he said: "The House of Lords in the UK has decided DVT in favour of the airlines and the High Court of Australia has done the same so effectively the courts here are following well-established international precedent as well."

He adds: "I would say that the airline industry and the airline insurers are relieved by the outcome."

No doubt they are. I guess it's back to the think tank for me. But first, I'm taking a walk. Gotta let the blood flow, don't ya know...

"Monkey see monkey do. Just what the world needs, another bloody regional jet." So said one observer upon learning that India is looking to build a 70- to 100-seat RJ. I'm guessing that the aviation industry may have a similar reaction.

Reports out of India say state-owned Hindustan Aeronautics Ltd (HAL) has been asked by the government to prepare a roadmap for the design and construction of a so-called Indian Regional Jet (IRJ), and that the project will seek assistance from Bombardier or Embraer.

Should the plan progress, the world of regional aircraft manufacturing is going to get awfully crowded. China's AVIC I Commercial Aircraft Corporation, Japan's Mitsubishi Heavy Industries and Russia's Sukhoi have already thrown their hats into the ring with the ARJ, the MRJ and the SSJ, respectively. They are hoping to ride a wave of order activity that has seen Bombardier and Embraer build record backlogs and forecast robust demand for larger-capacity types for many years to come. Whether the newbies will attract large orders outside of their own backyards remains to be seen.

For the record, Bombardier says it does not have any industry arrangement with HAL on commercial aircraft at this time "and we do not comment on discussion with aerospace companies on future programmes". Embraer could not be immediately reached for comment.

I question whether either company will be keen to help India develop something that will squarely compete with aircraft in their own portfolios. Then again, Bombardier says it remains committed to supporting the Chinese-built ARJ21-900.

Regardless, the news means potentially big business for HAL, which is also likely to be the production house for India's very first civil transport aircraft, a 14-seat multi-role twin turboprop now in testing. This will give HAL a foray into commercial aircraft development.

On hearing news that the same firm will probably take the lead on both projects, our oh-so-cynical industry observer quips: "Even better, they'll take 50 years to get on with both and then realise that it is out of date." Easy tiger.

(HAL logo from company web site www.hal-india.com)

We haven't discussed air taxi operators of very light jets (VLJs) here on Runway Girl, but perhaps it's about time we did so. Because while a small fleet of Eclipse 500s might not make much of a dent in the world of commercial travel, a fleet of several hundred running with fast and furious frequency certainly will. And that, my friend, is not a far off proposition.

Linear Air, for example, currently flies four Eclipse 500s but intends to operate 300 of type within the next two to three years. The company, which operates from Hanscombe Field near Boston and Westchester County airport near New York, has not been deterred by the 5 June emergency landing in Chicago that prompted federal regulators to order an immediate inspection of throttles on all Eclipse 500s.

Its expansion plan also remains on track, even as the Eclipse 500 faces further scrutiny. Prominent US congressman James Oberstar has asked the US DOT's Office of Inspector General to investigate allegations that the FAA certificated the Eclipse 500 very light jet in 2006 despite objections from the agency's aircraft certification engineers and flight-test pilots.

Responding to Oberstar's move, Linear stresses the following: All Linear Air planes are inspected regularly; if any issues arise they are promptly taken care of and any changes that need to be made to the pilot's manual are done; and if an issue was to arise it would be promptly reported to the FAA and Eclipse.

Additionally, Linear Air stands by the comments made by Eclipse CEO Vern Raburn, who denies any wrongdoing by his company and told USA Today that Eclipse is in "complete and total conformity" with federal regulations. Raburn feels that the complaint is an internal FAA matter between workers and administrators, notes the article highlighted above.

Linear recently closed a $3.5 million round of equity financing. Proceeds from this round will support the company's continued growth of the Eclipse 500 jet service launched in November 2007 as well as expansion of service in the Northeast.

"In these days of spiking fuel cost, our Eclipse jets are by far the most economical business jets available. Our plan is to continue to grow our fleet and replicate this success on a national level," says Linear president and CEO William Herp.

So why fly Linear? Here are the company's top ten answers to that question.

Top 10 Reasons to Fly Private

1. When flying private, travellers avoid spending the 53 percent of overall travel time that is spent just waiting in major airports for a flight. This includes check-in, security lines and flight delays.

2. Flying private reduces trip time to destinations by approximately 3.5 hours.

3. Leave on time and arrive on time - specified by the traveller - with private air.
Commercial travellers suffer from late departures more than a quarter of the time and late arrivals almost a third of the time.

4. Flights can be booked according to the traveller's schedule, creating efficiencies that eliminate unnecessary overnight stays, long commutes from major airports to final destinations and unexpected cancellations.

5. Private air charters can go into 10-times more airports than commercial flights. By utilizing regional airports, air travel needs can be met from convenient locations, closer to homes and offices.

6. The well -appointed cabins on private jets are more conducive to meetings and add to business travellers' levels of productivity.

7. The average age of a commercial plane is more than 25 years old. On the whole, private planes are newer and more eco-friendly.

8. Luggage is loaded directly onto the aircraft, in view of the traveller, unlike the hundreds of thousands of mishandled and lost bags in commercial airports.

9. The average light jet flight is only 90 minutes, getting travellers from point-to-point efficiently.

10. Leisure travellers can get to weekend destinations quicker and avoid getting stuck in weekend traffic.

A US government programme that could help struggling carriers boost their ancillary revenue hasn't garnered a whole lot of attention since it was unveiled on 11 July. The reason may have something to do with the fact that the Department of Commerce, Office of Travel and Tourism Industries (OTTI), in announcing that its 25-year-old paper-based "Survey of International Air Travellers" will be made available to all major booking engines and airline  reservation web sites, was a little dry in its delivery.

Perhaps the OTTI should have followed the logic of Flight Global Editor Michael Targett, who this week proclaimed that "sex sells and you just can't get away from it" and had the indecency to name this very blog as number nine in his list of "Ten Most Blatant Uses of Sex for an Aviation-related Marketing Purpose". The absolute bloody nerve of some people!   

At any rate, while I might not be able to bring sexy back to the OTTI's press release, I can tell you that it missed a key point. Airlines and online travel agents will be paid $1 every time a passenger completes the survey online.

Here's how it works. The survey will appear as a screen popup when passengers make their online reservations. Promotions, such as $25 gift card drawings, will be used to entice people to complete the survey.

"An airline could easily generate 10,000 surveys per month and that would be $10,000," says Addison Schonland, president of Innovative Analysis Group, a consulting firm that is subcontracting to the OTTI's contractor, CIC Research.

This could prove a lucrative little endeavour if carriers adopt it quickly and with gusto. Additionally, the programme holds a ton of promise for airlines, travel planners and tourism boards that mine this sort of data to determine origin-destination travel patterns, traveller demographics, consumer choice resources, trip characteristics and spending patterns.

"Having good consistent numbers to drill down and look at segments - all of that requires a greater sample size to do a better job at analysis," says Tiffany Urness, research director for the California travel and tourism commission.

She says a greater respondent rate "opens up wonderful new possibilities of analysis not only for us but to share with members of the California travel industry".

At present, a total 60 airlines participate in the paper survey programme. Schonland says one US major and another low-cost operator have already shown strong interest in the online method.