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Safety Recommendation Details

Safety Recommendation A-09-126
Synopsis: On June 4, 2007, about 1600 central daylight time, a Cessna Citation 550, N550BP, impacted Lake Michigan shortly after departure from General Mitchell International Airport, Milwaukee, Wisconsin (MKE).1 The two pilots and four passengers were killed, and the airplane was destroyed. The airplane was being operated by Marlin Air under the provisions of 14 Code of Federal Regulations (CFR) Part 135 and departed MKE about 1557 with an intended destination of Willow Run Airport (YIP), near Ypsilanti, Michigan. At the time of the accident flight, marginal visual meteorological conditions prevailed at the surface, and instrument meteorological conditions prevailed aloft; the flight operated on an instrument flight rules flight plan.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Based on the review described in Safety Recommendation A-09-125, revise the oversight system and Federal Aviation Administration Order 8900.1 as needed.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Aviation
Location: Milwaukee, WI, United States
Is Reiterated: No
Is Hazmat: No
Accident #: CHI07MA160
Accident Reports: Loss of Control and Impact with Water, Marlin Air Cessna Citation 550, N550BP
Report #: AAR-09-06
Accident Date: 6/4/2007
Issue Date: 10/27/2009
Date Closed: 4/30/2012
Addressee(s) and Addressee Status: FAA (Closed - Unacceptable Action)
Keyword(s): Oversight

Safety Recommendation History
From: NTSB
Date: 4/30/2012
Response: The FAA’s review did not identify any items in its oversight system in need of revision. Nevertheless, since the Marlin Air accident, the FAA requires all principal operations inspectors to use the safety priority index tool to rank their Part 135 operators based on a risk assessment of each operator. The FAA stated that it does not believe that any other changes are needed. As discussed above, we do not believe the FAA’s review performed in response to Safety Recommendation A-09-125 adequately identified the systemic shortcomings in the FAA’s oversight of Marlin Air. However, because the FAA has decided to take no further action in response to Safety Recommendation A-09-126, the recommendation is classified CLOSED—UNACCEPTABLE ACTION.

From: FAA
Date: 1/27/2012
Response: -From Michael P. Huerta, Acting Administrator: Since this accident, FAA Order 8900.1, Flight Standards Information Management System, has been modified and all principal operations inspectors are now required to use the Safety Priority Index (SPI) tool to rank their Title 14 Code of Federal Regulations part 135 operators based on risk assessment. Volume 6, chapter 2, section I, paragraph 6-167 of FAA Order 8900.1 (previously provided) discusses the use of the SPI tool for 135 operators. The FAA does not believe that any other changes need to be made to FAA Order 8900.1. I believe that the FAA has effectively addressed this safety recommendation, and I consider our actions complete.

From: NTSB
Date: 11/17/2010
Response: The NTSB is pleased that the FAA has started the recommended review. Pending completion of that review and implementation of any needed improvements that are identified, Safety Recommendations A-09-125 and -126 are classified OPEN – ACCEPTABLE RESPONSE.

From: FAA
Date: 4/28/2010
Response: Letter Mail Controlled 7/29/2010 4:30:29 PM MC# 2100167 This incoming letter does not address A-09-126.

From: FAA
Date: 2/16/2010
Response: Letter Mail Controlled 2/26/2010 4:02:13 PM MC# 2100071 - From J. Randolph Babbitt, Administrator: The FAA will address this safety recommendation by reviewing the findings from the detailed review recommended in Safety Recommendation A-09-125. These findings will then be compiled and any needed revisions to FAA Order 8900.1, Flight Standards Information Management System (FSIMS), will be written and published.