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