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Safety Recommendation Details

Safety Recommendation A-09-077
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: Require that Federal Aviation Administration flight plans include a block for the pilot to identify the operator and a block to specify the operating rules under which the flight is being conducted.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Aviation
Location: Oklahoma City, OK, United States
Is Reiterated: No
Is Hazmat: 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: 9/6/2013
Addressee(s) and Addressee Status: FAA (Closed - Unacceptable Action)
Keyword(s): Records

Safety Recommendation History
From: NTSB
Date: 9/6/2013
Response: We continue to believe that, had the accident pilot been required to document, on the FAA flight plan, the identity of the accident flight’s operator and whether the flight was a commercial operation, he might have been motivated to ask questions of the airplane’s owner, Interstate Helicopters, or of the passengers, if he did not fully understand the nature of the flight operation. Similarly, if he had understood that the flight was an unauthorized commercial charter operation, he might have been less likely to accept it had he been responsible, as the pilot in command, for providing the FAA with the identity of the operator and an assessment of the commercial or noncommercial nature of the flight. However, because the FAA has determined that an additional data collection burden on operators would not provide any operational safety benefits and the agency will take no further action, Safety Recommendation A-09-77 is classified CLOSED—UNACCEPTABLE ACTION.

From: FAA
Date: 6/10/2013
Response: -From Michael P. Huerta, Administrator: After careful evaluation, the Federal Aviation Administration (FAA) determined that it will not update FAA Forms 7233-1, "Flight Plan," and 7233-4, "International Flight Plan." Identifying the operator and specifying the operating rules under which the flight is being conducted on a flight plan would not positively impact the flight performance of the pilot in his/her duties or affect the operation of the aircraft itself. An additional data collection burden on operators, who in most cases are not required to provide supplementary information or file visual flight rules flight plans, would not provide any operational safety benefits given the increased cost and time involved in implementing a change. FAA Forms 7233-1 and 7233-4 were replicated in electronic form by flight planning service providers, such as Lockheed-Martin Flight Services, Direct User Access Terminal/Direct User Access Terminal Service vendors, and numerous private flight planning companies. Modification of either form would require these providers to make changes to their electronic forms. Additionally, the format and content of FAA Form 7233-4 is established by the International Civil Aviation Organization and not the FAA. I consider our actions complete and plan no further response to this recommendation.

From: NTSB
Date: 5/23/2013
Response: In its December 23, 2009, letter, the FAA stated that, in response to these recommendations, it intended to initiate a workgroup to review Safety Recommendation A-09-76 and that it would determine the feasibility of modifying the flight plan form. We are concerned that, although more than 3 years have passed, we have received no additional information regarding the status of either effort. Pending our timely receipt of an update and completion of the recommended action, Safety Recommendation A 09 76 and -77 are classified OPEN—UNACCEPTABLE RESPONSE.

From: NTSB
Date: 5/27/2010
Response: The FAA’s conduct of a review to determine the feasibility of modifying the flight plan form is the first step in responding to this recommendation. Pending completion of the recommended action, Safety Recommendation A 09 77 is classified OPEN -- ACCEPTABLE RESPONSE.

From: FAA
Date: 12/23/2009
Response: Letter Mail Controlled 1/7/2010 3:59:43 PM MC# 2100009: - From J. Randolph Babbitt, Administrator: We are conducting a review to determine the feasibility of modifying FAA Form 7233-1, Flight Plan, to include a box for aircrew to identify the CFR part in which the operation is being conducted. We anticipate a determination by May 31, 2010. When it is completed the FAA will provide an updated response to the Board.