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Safety Recommendation Details

Safety Recommendation A-07-103
Details
Synopsis: On February 7, 2006, about 2359 eastern standard time, United Parcel Service Company (UPS) flight 1307, a McDonnell Douglas DC-8-71F, N748UP, landed at its destination airport, Philadelphia International Airport (PHL), Philadelphia, Pennsylvania, after a cargo smoke indication in the cockpit. The captain, first officer, and flight engineer evacuated the airplane after landing. The flight crewmembers sustained minor injuries, and the airplane and most of the cargo were destroyed by fire after landing. The scheduled cargo flight was operating under the provisions of 14 Code of Federal Regulations (CFR) Part 121 on an instrument flight rules flight plan. Night visual conditions prevailed at the time of the accident.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Require all emergency exits on cargo aircraft that are operable from the outside to have a 2-inch contrasting colored band outlining the exit.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Aviation
Location: Philadelphia, PA, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA06MA022
Accident Reports: In-Flight Cargo Fire, United Parcel Service Company Flight 1307, McDonnell Douglas DC-8-71F, N748UP
Report #: AAR-07-07
Accident Date: 2/7/2006
Issue Date: 12/17/2007
Date Closed: 4/27/2011
Addressee(s) and Addressee Status: FAA (Closed - Unacceptable Action)
Keyword(s): Hazmat

Safety Recommendation History
From: NTSB
To: FAA
Date: 4/27/2011
Response: The NTSB notes that the FAA issued Special Airworthiness Information Bulletin (SAIB) NM-10-23, “Equipment/Furnishings: Exterior Exit Markings,” which recommends that owners, operators, and original equipment manufacturers of all-cargo airplanes mark the exterior of all exits usable in an emergency. As the FAA is aware, the NTSB does not consider an SAIB, by itself, to constitute an acceptable solution because such a bulletin does not mandate action. Because the FAA considers its actions complete, however, Safety Recommendation A-07-103 is classified CLOSED—UNACCEPTABLE ACTION.

From: FAA
To: NTSB
Date: 9/6/2010
Response: CC# 201000359: - From J. Randolph Babbitt, Administrator: We issued Special Airworthiness Information Bulletin (SAIB) NM-IO-23, Equipment/Furnishings: Exterior Exit Markings (enclosure 3), recommending that owners, operators, and original equipment manufacturers of all-cargo airplanes mark the exterior of all exits usable in an emergency. For future certification approvals of airplanes that can carry persons other than crew, we do not intend to grant relief from part 25 requirements for exterior marking of emergency exits. The FAA understands that the Board disagrees with the use of this SAIB to permanently address this recommendation, but we believe that the issues of concern do not rise to the level requiring mandatory corrective action. Therefore, we have decided not to pursue additional rulemaking. I believe the FAA has effectively addressed these safety recommendations, and I consider our actions complete.

From: NTSB
To: FAA
Date: 5/27/2010
Response: The NTSB believes that a Special Airworthiness Information Bulletin (SAIB), which would notify operators who subscribe to the FAA’s Regulatory and Guidance Library of the actions recommended in Safety Recommendation A-07-103, constitutes an acceptable interim solution; however, the NTSB points out that issuance of an SAIB alone will not satisfy the intent of Safety Recommendation A-07-103, because an SAIB is non-regulatory guidance. In addition, the NTSB points out that these recommendations were issued in 2007 and, although the FAA indicated that it is considering regulatory changes, the FAA has not conveyed the findings from its evaluation nor has it provided a schedule that outlays its plan for implementing the recommended changes. Therefore, the NTSB requests that the FAA submit additional information to indicate its progress in implementing the recommended changes. Pending the NTSB’s review of this information, Safety Recommendations A-07-102 and -103 remain classified OPEN -- ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 8/21/2009
Response: Letter Mail Controlled 9/1/2009 11:30:04 AM MC# 2090556: - From J. Randolph Babbitt, Administrator: The Federal Aviation Administration evaluated these recommendations in light of current regulatory requirements and has determined that changes to the regulations would be required in order to mandate the changes outlined in the recommendations. We are in the early stages of assessing the feasibility of those changes. In support of Safety Recommendation A-07-103 we will recommend that for existing aircraft, operators voluntarily improve the markings for exits that can be opened from the outside using a Special Airworthiness Information Bulletin (SAIB). It is anticipated that the SAIB will be issued by June 30,2010.

From: NTSB
To: FAA
Date: 2/4/2009
Response: The FAA replied that it is evaluating what regulatory changes and guidance materials are needed to implement these safety recommendations for both newly produced aircraft and the existing fleet. Pending the FAA’s taking the recommended actions, Safety Recommendations A-07-102 and -103 are classified OPEN -- ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 9/8/2008
Response: Letter Mail Controlled 9/18/2008 12:11:57 PM MC# 2080573: - From Robert A. Sturgell, Acting Administrator: We are evaluating what regulatory changes and guidance materials would be needed to implement these safety recommendations for both newly produced aircraft and the existing fleet. I will provide the results of our evaluation by January 2009.