US embassy cable - 05ROME779

UNCLAS ROME 000779 
 
SIPDIS 
 
 
EB/TRA FOR MWALKLET 
 
E.O. 12958: N/A 
TAGS: EAIR, IT, AVIATION 
SUBJECT: CIVAIR: GOI RESPONSE TO VIOLATION OF FAA 
REGULATIONS (CAPTAIN SILVETTI) 
 
REF: 04 STATE 216648 
 
Summary 
------- 
 
1.  The Italian National Civil Aviation Agency (ENAC) has 
responded to Federal Aviation Administration (FAA) Case No. 
2002EA01009 concerning alleged FAA regulation violations by 
Captain Giorgio Silvetti, an Alitalia Airlines pilot.  The 
FAA requested ENAC investigate the alleged U.S. airspace 
infractions and establish remedial measures if necessary. 
ENAC's investigation found Silvetti and his crew in violation 
of U.S. aviation guidelines and recommended re-evaluating the 
crew members' abilities.  ENAC also concluded, however, that 
U.S. air traffic controllers did not appropriately alert the 
crew of their wrongdoing.  End summary. 
 
Background 
---------- 
 
2.  On March 6, 2003, Alitalia Flight 606 commanding pilot 
Silvetti allegedly descended from his designated altitude (FL 
310) without prior clearance from the Boston Air Route 
Traffic Control Center (ARTCC).  Apparently, Silvetti 
deviated from ARTCC guidelines when there was no emergency or 
other reason to do so. 
 
3.  The FAA alleged Silvetti violated FAA regulation sections 
91.123(a) and 91.13(a) forbidding deviations from air traffic 
control clearances without emergency or cause and operating 
aircraft in a careless manner, thereby endangering life or 
property.  In cases of foreign pilot infractions, the pilot's 
national civil aviation authority is responsible for 
investigating the violation, and if appropriate, taking 
remedial measures. 
 
4.  While the alleged violation took place in March 2003, 
Alitalia,s management reportedly was delayed in 
notification.  FAA,s Letter of Investigation (LOI) sent to 
Silvetti at Alitalia initially was not accepted for delivery. 
 The LOI included the formal FAA violation notification and 
request that appropriate Italian Government officials take 
corrective or punitive action.  Embassy FAA Representative 
and Transportation Officer followed up twice with ENAC, which 
then initiated the investigation. 
 
ENAC Response 
------------- 
 
5.  A letter dated January 19, 2005, from Commander Dario 
Romagnoli, ENAC's Licensing Office Director, said ENAC agreed 
with the FAA determination that the crew of Flight 606 
committed a violation.  In the crew,s defense, ENAC noted 
that the air traffic control center diverted planes 
potentially endangered by the infraction, but according to 
Alitalia, failed to appropriately alert the Alitalia crew 
that they had committed the infraction.  As a corrective 
measure, ENAC requested that Alitalia re-evaluate crew 
members' abilities, specifically in radio communications and 
routine English comprehension skills. 
 
6.  Embassy Senior FAA Representative has reviewed and 
cleared this cable. 
 
SEMBLER 
 
 
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	2005ROME00779 - Classification: UNCLASSIFIED