Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation A-09-072
Details
Synopsis: On March 4, 2008, about 1515 central standard time, a Cessna 500, N113SH, registered to Southwest Orthopedic & Sports Medicine Clinic PC of Oklahoma City, Oklahoma, entered a steep descent and crashed after colliding in flight with a flock of large birds about 2 minutes after takeoff from Wiley Post Airport (PWA) in Oklahoma City.2 None of the entities associated with the flight claimed to be its operator. The pilot, the second pilot,3 and the three passengers were killed, and the airplane was destroyed by impact forces and postcrash fire. The flight was operated under 14 Code of Federal Regulations (CFR) Part 91 with an instrument flight rules (IFR) flight plan filed. Visual meteorological conditions prevailed. The flight originated from the ramp of Interstate Helicopters (a 14 CFR Part 135 on-demand helicopter operator at PWA) and was en route to Mankato Regional Airport (MKT), Mankato, Minnesota, carrying company executives who worked for United Engines and United Holdings, LLC.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Revise the bird-strike certification requirements for 14 Code of Federal Regulations Part 25 airplanes so that protection from in-flight impact with birds is consistent across all airframe structures. Consider the most current military and civilian bird-strike database information and trends in bird populations in drafting this revision.
Original recommendation transmittal letter: PDF
Overall Status: Open - Acceptable Response
Mode: Aviation
Location: Oklahoma City, OK, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DFW08MA076
Accident Reports: Crash of Cessna 500, N113SH, Following an In-Flight Collision with Large Birds
Report #: AAR-09-05
Accident Date: 3/4/2008
Issue Date: 9/29/2009
Date Closed:
Addressee(s) and Addressee Status: FAA (Open - Acceptable Response)
Keyword(s): Wildlife

Safety Recommendation History
From: NTSB
To: FAA
Date: 10/2/2017
Response: On July 20, 2015, you published a request for comments on “Bird Strike Requirements for Transport Category Airplanes,” regarding revising Part 25 to establish a consistent 8-pound bird impact requirement for all aircraft structures and revising the airspeed criteria to ensure that bird strikes are considered at any operational speed up to an altitude of 10,000 feet. We note that you did not receive sufficient cost information to allow you to proceed with this rulemaking; therefore, you have asked individual airplane manufacturers to provide the needed cost estimates for several specific potential rule changes related to bird-strike requirements. Pending implementation of the revisions proposed in your July 20, 2015, request for comments, Safety Recommendation A-09 72 remains classified OPEN--ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 8/14/2017
Response: -From Michael P. Huerta, Administrator: As we stated in our October 30, 2015, response, the Federal Aviation Administration (FAA) is considering an amendment to the part 25 bird strike requirements, and issued a notice and request for comments to allow interested parties to provide feedback on potential changes. Unfortunately, we did not receive sufficient cost information to allow us to make a determination with regard to rulemaking. Therefore, we have asked individual airplane manufacturers to provide us with cost estimates for several specific potential rule changes related to bird strike requirements. We have asked for this additional info1mation to be provided to the FAA by late summer 2017. Upon receipt of this information, we will undertake a thorough review to determine our next steps. I will keep the Board informed of the FAA 's progress on this safely recommendation and will provide an update by May 31, 2018.

From: NTSB
To: FAA
Date: 1/11/2016
Response: We note that, based on the public’s response to your July 20, 2015, request for comments on “Bird Strike Requirements for Transport Category Airplanes,” you are exploring the possibility of (1) revising Part 25 to establish a consistent 8-pound bird impact requirement for all aircraft structures and (2) revising the airspeed criteria to ensure that bird strikes are considered at any operational speed up to an altitude of 10,000 feet. Although we are disappointed that the request for comments was delayed, we continue to believe that your efforts thus far are positive steps toward implementing this safety recommendation. Pending our review of your findings, and of your plan for revising the bird-strike certification requirements to address Safety Recommendation A-09-72, the recommendation remains classified OPEN—ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 10/30/2015
Response: -From Michael P. Huerta, Administrator: As we previously mentioned in our April 3, 2013, letter, the Federal Aviation Administration (FAA) completed an evaluation of relevant bird-strike reports and available data. The review included current bird-strike data and certification requirements, bird-strike databases, the 2003 Aviation Rulemaking Advisory Committee report that addresses bird-strike certification requirements, and the European Aviation Safety Agency Bird Strike Damage & Windshield Bird Strike Final Report. Based on our review, the FAA is considering revising part 25 to establish a consistent eight-pound bird impact requirement for all aircraft structures and is also considering revising the airspeed criteria to ensure that bird strikes are considered at any operational speed up to an altitude of 10,000 feet. The FAA issued a request for comments on July 20, 20 15, to explore these issues by allowing airplane manufacturers and all interested parties an opportunity to provide feedback on our proposal (80 FR 42753). This request for comments was delayed from its original projected issue date of September 30, 2013, due to coordination and management review to ensure the appropriate level of integration with other work in progress. We will determine an appropriate course of action based on the review of comments received, which are due by November 17, 2015. I will keep the Board informed of the FAA's progress on this recommendation and provide an update by August 31, 2016.

From: NTSB
To: FAA
Date: 6/11/2013
Response: We are encouraged by the completion of the FAA’s evaluation of bird-strike reports and data and by your agency’s current effort to draft a public notice addressing this issue. Pending publication of the notice, followed by appropriate revisions to Part 25, Safety Recommendation A-09-72 remains classified OPEN—ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 4/3/2013
Response: -From Michael P. Huerta, Administrator: The Federal Aviation Administration completed an evaluation of relevant birdstrike reports and available data. The review included current bird-strike data and certification requirements, bird-strike databases, the 2003 Aviation Rulemaking Advisory Committee report that addresses bird-strike certification requirements, and the European Aviation Safety Agency Bird-Strike Damage & Windshield Bird Strike Final Report. Based on our review, we are considering revising part 25 to establish a consistent eight pound bird impact requirement for all aircraft structures. We are also considering revising the airspeed criteria to ensure that bird strikes are considered at any operational speed up to an altitude of 10,000 feet. We are drafting a public notice to address this issue, which will allow airplane manufacturers and all interested parties an opportunity to provide feedback on our proposal. We are working towards publishing the notice by September 30, 2013, and determining an appropriate course of action based on the comments received by September 30, 2014. I will keep the Board informed of the FAA's progress on this recommendation and provide an update by January 31, 2014.

From: NTSB
To: FAA
Date: 5/25/2011
Response: The NTSB notes that the FAA continues to review previous Aviation Rulemaking Advisory Committee recommendations related to bird strike standards and current military and civilian bird-strike information. In addition, the FAA indicated that it is evaluating the European Aviation Safety Agency’s Bird Strike Damage and Windshield Bird Strike Final Report. We look forward to receiving the FAA’s findings regarding the adequacy of current bird-strike certification requirements for Part 25 airplanes. In the meantime, pending the FAA’s completion of the recommended action, Safety Recommendation A-09-72 remains classified OPEN – ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 12/29/2010
Response: CC# 201100018: - From J. Randolph Babbitt, Administrator: The Federal Aviation Administration continues to review current bird-strike data and certification requirements as proposed in the recommendation. We have performed an initial review of the Aviation Rulemaking Advisory Committee report and military and civilian bird-strike databases. However, an in-depth review of these sources, which will help us develop a conclusion about the adequacy of current bird strike requirements, is not complete. In addition, we are evaluating a report recently released by the European Aviation Safety Agency (EASA), Bird Strike Damage and Windshield Bird Strike Final Report. The aim of this report was to investigate the adequacy of the current aircraft certification requirements in relation to the risks of bird strikes on aircraft structures and windshields. The report concludes that the bird strike requirements in EASA Certification Specifications for Large Aeroplanes (CS-25) are adequate, but suggests that the bird strike related accidents may be increasing. This report is available at: www.easa.europa.eu/wsyrod/r/doc/research/Final%20report%20Bird%20Strike%20Study.pdf We are reviewing this report and all other relevant reports to determine whether the bird-strike certification requirements for Part 25 airplanes remain adequate. I will keep the Board informed of the FAA's progress on this safety recommendation, and I will provide an update by December 31, 2011.

From: NTSB
To: FAA
Date: 5/27/2010
Response: The NTSB is pleased with the FAA’s review of previous Aviation Rulemaking Advisory Committee recommendations related to bird strike standards and current military and civilian bird-strike information that shows that the bird-strike threat may have changed since the last update to these regulations. Accordingly, pending the FAA’s completion of the recommended action, Safety Recommendation A-09-72 is classified OPEN -- ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 12/23/2009
Response: Letter Mail Controlled 1/7/2010 3:59:43 PM MC# 2100009: - From J. Randolph Babbitt, Administrator: The Federal Aviation Administration agrees that a review of part 25 bird-strike criteria is needed due to the increasing population of larger birds and increasing air traffic volume. We plan to review the Aviation Rulemaking Advisory Committee (ARAC) - General Structures Harmonization Working Group Report, "Birdstrike FAR/JAR §§25.571(e)(l), 25.631, 25.775(b)© " dated June 30,2003, the current bird-strike certification requirements for part 25 airplanes and other relevant data. We will also evaluate the current military and civilian bird-strike information to gain a better understanding of how the bird-strike threat may have changed since the last update to part 25 regulations. We will assess these activities for transport category airplane models commonly used today. The FAA will then determine whether revisions to part 25, the associated guidance material, or policy would be appropriate.