Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation A-88-096
Details
Synopsis: ON MARCH 4, 1987, FISCHER BROS. AVIATION, INC., DOING BUSINESS AS NORTHWEST AIRLINK, FLIGHT 2268, A CONSTRUCCIONES AERONAUTICAS, S.A. (CASA) C-212-CC, N160FB, CRASHED JUST INSIDE THE THRESHOLD OF RUNWAY 21R AT THE DETROIT METROPOLITAN WAYNE COUNTY AIRPORT IN ROMULUS, MICHIGAN. NINE OF THE 19 PERSONS ON BOARD WERE KILLED. THE AIRPLANE WAS DESTROYED BY IMPACT FORCES AND POSTCRASH FIRE. ON MAY 8, 1987, EXECUTIVE AIR CHARTER, INC., DOING BUSINESS AS AMERICAN EAGLE, FLIGHT 5452, A CASA C-212-CC, CRASHED SHORT OF RUNWAY 9 WHILE ON A VISUAL APPROACH TO THE AIRPORT AT MAYAGUEZ, PUERTO RICO, IN VISUAL METEOROLOGICAL CONDITIONS. BOTH CREWMEMBERS WERE KILLED AND THE FOUR PASSENGERS SUSTAINED MINOR INJURIES. THE AIRPLANE WAS DESTROYED BY IMPACT FORCES AND POSTCRASH FIRE.
Recommendation: THE NTSB RECOMMENDS THAT THE FEDERAL AVIATION ADMINISTRATION: REQUIRE FIRE-BLOCKING MATERIALS ON ALL PASSENGER AND CREW SEATS ON TITLE 14 CODE OF FEDERAL REGULATIONS PART 21, SPECIAL FEDERAL AVIATION REGULATIONS NO. 41, AND 14 CODE OF FEDERAL REGULATIONS PART 23 COMMUTER CATEGORY AIRPLANES THAT ARE OPERATED UNDER TITLE 14 CODE OF FEDERAL REGULATIONS PART 135.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Aviation
Location: ROMULUS, MI, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA87MA022
Accident Reports: Fischer Bros. Aviation, Inc. dba NW Airlink, Flight 2268 Construcciones Aeronautics, S.A. (CASA) C-212-CC, N160FB
Report #: AAR-88-08
Accident Date: 3/4/1987
Issue Date: 10/17/1988
Date Closed: 2/8/1999
Addressee(s) and Addressee Status: FAA (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FAA
Date: 2/8/1999
Response: THE SAFETY BOARD IS DISPLEASED THAT ALTHOUGH THE FAA AGREES ON THE IMPORTANCE OF THESE RECOMMENDATIONS, MORE THAN 10 YEARS HAVE PASSES SINCE THEY WERE ISSUED, AND THE FAA HAS YET TO FULLY ACCOMPLISH EITHER. THE BOARD IS PARTICULARLY DISAPPOINTED WITH THE FAA'S RESPONSE TO A-88-158, ISSUED 10 YEARS AGO, WHICH ASKED FOR THE EXPEDITION OF RULEMAKING. BECAUSE OF THE LENGTH OF TIME THAT HAS ALREADY PASSED AND THE CURRENT LACK OF REGULATIONS THAT FULLY ADDRESS THESE ISSUES, A-88-96 AND A-88-158 ARE CLASSIFIED "CLOSED--UNACCEPTABLE ACTION."

From: FAA
To: NTSB
Date: 5/6/1998
Response: IN JUNE 1993, THE FAA ISSUED NOTICE 93-71, "OCCUPANT PROTECTION STANDARDS FOR COMMUTER CATEGORY AIRPLANES." THIS NOTICE PROPOSED 14 CFR PART 23 COMMUTER AIRWORTHINESS STANDARDS FOR NORMAL, UTILITY, ACROBATIC, AND COMMUTER CATEGORY AIRPLANES BY UPGRADING THE REQUIREMENT FOR BOTH SEAT/RESTRAINT SYSTEMS AND FOR FLAMMABILITY STANDARDS FOR SEAT CUSHIONS. THE FAA HAD ANTICIPATED THE ISSUANCE OF THE FINAL RULE IN MID-1996. HOWEVER, THE ADOPTION OF THE FINAL COMMUTER RULE ON 1/19/96, BROUGHT SCHEDULED PASSENGER OPERATIONS IN AIRPLANES OF 10 OR MORE PASSENGER SEATS UNDER THE REQUIREMENTS OF 14 CFR PART 121. ALTHOUGH THE COMMUTER RULE DOES ADDRESS A PORTION OF THESE RECOMMENDATIONS, IT ALSO CHANGED SOME OF THE REQUIREMENTS FOR THE ISSUANCE OF NOTICE 93-71 AND DELAYED THE PROJECTED ADOPTION DATE. SPECIFICALLY, THE COMMUTER RULE DID NOT ADDRESS THE FOLLOWING AIRPLANES: NEWLY TYPE CERTIFICATED COMMUTER-CATEGORY AIRPLANES THAT ARE INTENDED FOR 14 CFR PART 135 SCHEDULED PASSENGER SERVICE WITH FEWER THAN 10 SEATS; 14 CFR PART 135 UNSCHEDULED PASSENGER SERVICE WITH 19 SEATS OR FEWER; AND AIRCRAFT USED FOR GENERAL AVIATION PURPOSES. ORIGINALLY, NOTICE 93-71 WAS INTENDED TO MEET THE INTENT OF A-88-158 BY PROPOSING DYNAMIC SEAT TESTING STANDARDS AND FLAMMABILITY STANDARDS FOR SEAT CUSHIONS FOR NEWLY TYPE CERTIFICATED COMMUTER-CATEGORY AIRPLANES. AS A RESULT OF ADOPTING THE COMMUTER RULE, A COST-BENEFIT ANALYSIS IS NOW NECESSARY TO CONSIDER THE BENEFITS OF NOTICE 93-71 FOR NEWLY TYPE CERTIFICATED COMMUTER-CATEGORY AIRPLANES INTENDED FOR THOSE AIRPLANES THAT THE COMMUTER RULE DID NOT ADDRESS. THE COMMUTER RULE HAS ALSO AFFECTED THE FAA'S PLAN TO PROPOSE ADDITIONAL RULEMAKING TO REQUIRE FIREBLOCKING OF SEATS ON ALL EXISTING AIRPLANES CERTIFICATED UNDER SPECIAL FEDERAL AVIATION REGULATION (SFAR) 23, SFAR 41, OR 14 CFR PART 23 AND OPERATING IN ACCORDANCE WITH 14 CFR PART 135. SINCE ALL SCHEDULED SERVICE INVOLVING AIRPLANES CARRYING 10 PASSENGERS OR MORE HAS NOW BEEN MOVED TO 14 CFR PART 121, THE PROJECTED COST-BENEFIT ANALYSIS HAS ALSO BEEN AFFECTED. THE FAA PLANS TO WITHDRAW NOTICE 93-71 AND TASK THE AVIATION RULEMAKING ADVISORY COMMITTEE TO DEVELOP RECOMMENDATIONS FOR DYNAMIC SEAT TEST REQUIREMENTS FOR COMMUTER-CATEGORY AIRPLANES OPERATED UNDER 14 CFR PART 23 AND SMALL TRANSPORT-CATEGORY AIRPLANES OPERATED UNDER 14 CFR PART 25. IN A SEPARATE ACTION THE FAA INTENDS TO INITIATE A NEW RULEMAKING PROPOSAL ON FIREBLOCKING REQUIREMENTS FOR NEWLY TYPE CERTIFICATED COMMUTER-CATEGORY AIRPLANES.

From: NTSB
To: FAA
Date: 9/17/1996
Response: THE BOARD NOTES THAT THE FAA ISSUED A FINAL RULE TO AMEND 14 CFR PART 135 TO BE CONSISTENT WITH 14 CFR PART 121 WHICH DOES, IN PART, MEET THE INTENT OF THESE RECOMMENDATIONS. HOWEVER, THE BOARD BELIEVES THAT THE ISSUANCE OF ANOTHER FINAL RULE ENTITLE "OCCUPANT PROTECTION STANDARDS FOR COMMUTER CATEGORY AIRPLANES" & THE SUBSEQUENT ADDITIONAL RULEMAKING PROPOSING TO REQUIRE FIREBLOCKING OF SEATS ON ALL EXISTING AIRPLANES HAVING SFAR 23, & SFAR 41, OR COMMUTER CATEGORY AS THEIR CERTIFICATION BASIS WILL FULLY MEET THE INTENT OF THESE RECOMMENDATIONS. PENDING THAT RULEMAKING ACTION, THE BOARD CLASSIFIES A-88-96 & A-88-158 "OPEN--ACCEPTABLE RESPONSE."

From: FAA
To: NTSB
Date: 2/16/1996
Response: THE FAA ISSUED ITS FINAL RULE TO AMEND 14 CFR PART 135 TO BE CONSISTENT WITH 14 CFR PART 121. THIS FINAL RULE REQUIRES, IN PART THAT NEW TYPE-CERTIFICATED AIRPLANES THAT CARRY 10 OR MORE PASSENGERS IN SCHEDULED PASSENGER SERVICE MEET THE REQUIREMENTS OF 14 CFR PART 25. WITH THE ISSUANCE OF THIS RULE, THE FAA CAN PROCEED WITH ISSUING THE FINAL RULE ENTITLED OCCUPANT PROTECTION STANDARDS FOR COMMUTER CATEGORY AIRPLANES. THIS REGULATORY DOCUMENT WILL UPGRADE THE REQUIREMENTS FOR BOTH SEAT/RESTRAINT SYSTEMS & FOR FLAMMABILITY STANDARDS FOR SEAT CUSHIONS ON ALL NEWLY CERTIFICATED COMMUTER CATEGORY AIRPLANES NOT COVERED BY THE NEW 14 CFR PART 121 RULE. THE FAA ANTICIPATES ISSUANCE OF THIS FINAL RULE BY JULY 1996. AFTER THE RULE TO ADDRESS OCCUPANT PROTECTION STANDARDS FOR COMMUTER CATEGORY AIRPLANES ISSUED, THE FAA WILL PROPOSE ADDITIONAL RULEMAKING PROPOSING TO REQUIRE FIREBLOCKING OF SEATS ON ALL EXISTING AIRPLANES HAVING SPECIAL FEDERAL AVIATION REGULATIONS (SFAR 41 ) REGARDLESS OF WHETHER THEY ARE IN SCHEDULE OR NONSCHEDULED SERVICE. IT IS ANTICIPATED THAT THIS NOTICE OF PROPOSED RULEMAKING WILL BE ISSUED IN JANUARY 1997.

From: NTSB
To: FAA
Date: 8/30/1995
Response: THE BOARD IS PLEASED THAT THE FAA HAS ISSUED NOTICES OF PROPOSED RULEMAKING THAT ADDRESS BOTH RECOMMENDATIONS PENDING ADOPTION OF PROPOSED RULE CHANGES, THE BOARD CLASSIFIES A-88-96 & -158 "OPEN--ACCEPTABLE RESPONSE."

From: FAA
To: NTSB
Date: 3/10/1995
Response: THE FAA ISSUED A NOTICE OF PROPOSED RULEMAKING ON 6/24/93, PROPOSING TO AMEND 14 CFR PART 23 COMMUTER AIRWORTHINESS STANDARDS FOR NORMAL, UTILITY, ACROBATIC, & COMMUTER CATEGORY AIRPLANES BY UPGRADING THE REQUIREMENTS FOR BOTH SEAT/RESTRAINT SYSTEMS & FOR FLAMMABILITY STANDARDS FOR SEAT CUSHIONS. THE COMMENT PERIOD ENDED 11/12/93. HOWEVER, DUE TO EXTENSIVE COMMENTS RECEIVED IN RESPONSE TO THE NPRM, THE FAA REOPENED THE COMMENT PERIOD TO 3/4/95. THIS NPRM ADDRESSES THE INTENT OF A-88-158 & THAT PORTION OF A-88-96 RELATING TO 14 CFR PART 23 COMMUTER CATEGORY AIRPLANES.

From: NTSB
To: FAA
Date: 5/7/1991
Response: Safety Recommendation A-88-96 states that the FAA should require fire-blocking materials on all passenger and crew seats on 14 CFR Part 21, Special Federal Aviation Regulations No. 41, and 14 CFR Part 23 commuter-category airlines that are operated under 14 CFR Part 135. The Safety Board notes that the FAA is considering the issuance of a notice of proposed rulemaking (NPRM) to require that passenger seat cushions in all categories of airplanes addressed in this safety recommendation comply with new, more stringent flammability requirements. The Safety Board notes that the FAA is considering an amendment proposing to make the requirements of 14 CFR Part 135 consistent with the requirements of 14 CFR Parts 25 and 121. If this proposed amendment is adopted, it may exclude crew seats in 14 CFR Part 135 as well as 14 CFR Part 23 and SFAR 41 certificated airplanes. Pending further information concerning the NPRM and the amendment, Safety Recommendation A- 88-96 is classified as "Open--Acceptable Response."

From: FAA
To: NTSB
Date: 3/1/1991
Response: (SUMMARIZED) THE FAA IS CONSIDERING THE ISSUANCE OF A NPRM THAT WILL AMEND 14 CFR PART 23 COMMUTER AIRWORTHINESS STANDARDS TO INCLUDE DYNAMIC TESTING OF SEATS AND TO PROVIDE IMPROVED FLAMMABILITY STANDARDS FOR SEAT CUSHIONS. THE FAA POINTS OUT THAT PRODUCTION OF THE CASA C-212-CC AIRPLANE IS SCHEDULED TO TERMINATE OCTOBER 17, 1991. IF PETITIONS FOR EXEMPTION TO PERMIT CONTINUED PRODUCTION ARE RECEIVED, CONDITIONS WILL BE PLACED ON ANY EXEMPTIONS ISSUED TO ENSURE COMPLIANCE WITH THE MORE STRINGENT SEAT CUSHION FLAMMABILITY REQUIREMENTS OF 14 CFR PART 23. THEREFORE, THE FAA DOES NOT INTEND TO REVISE SFAR 41 AS REQUESTED BY THIS SAFETY RECOMMENDATION. THE FAA IS ALSO CONSIDERING AN AMENDMENT PROPOSING TO MAKE THE REQUIREMENTS OF 14 CFR PART 135 CONSISTENT WITH THE REQUIREMENTS OF 14 CFR PARTS 25 AND 121. HOWEVER, THE PREAMBLE TO 14 CFR PARTS 25 AND 121 EXCLUDES CREW SEATS FROM FIREBLOCKING REQUIREMENTS BECAUSE THE SEATS ARE ISOLATED FROM THE PASSENGER AREA AND THE LIMITED MASS TO CONTRIBUTE TO THERMAL AND TOXIC PROBLEMS IN A CABIN FIRE IS MINIMAL. SINCE THE SAME LOGIC APPLIES TO 14 CFR PART 23 AIRPLANES, THE FAA IS CONSIDERING THE PROPOSED AMENDMENT TO EXCLUDE CREW SEATS IN 14 CFR PART 135. THIS AMENDMENT, IF ADOPTED, WILL ENCOMPASS EXISTING PART 23 COMMUTER AND SFAR 41 CERTIFICATED AIRPLANES.

From: NTSB
To: FAA
Date: 8/15/1990
Response: In Safety Recommendation A-88-96 the Safety Board asked the FAA to require fire- blocking materials on all passenger and crew seats on 14 CFR Part 21, Special Federal Aviation Regulations No. 41, and 14 CFR Part 23 commuter-category airplanes that are operated under 14 CFR Part 135. We note that the FAA is considering the issuance of a notice of proposed rulemaking to require that passenger seat cushions in certain commuter-category airplanes comply with new, more stringent flammability requirements. However, the FAA has not addressed the first part of this safety recommendation pertaining to FAR Part 21 and SFAR No. 41. Pending your further response, this safety recommendation is classified as "Open--Unacceptable Response."

From: FAA
To: NTSB
Date: 4/10/1990
Response: "THE FAA IS CONSIDERING THE ISSUANCE OF A NOTICE OF PROPOSED RULEMAKING TO REQUIRE THAT PASSENGER SEAT CUSHIONS IN CERTAIN COMMUTER CATEGORY AIRPLANES COMPLY WITH NEW, MORE STRINGENT FLAMMABILITY REQUIREMENTS."

From: NTSB
To: FAA
Date: 1/9/1990
Response: Safety Recommendations A-88-92, -93, -94, and -96 concern the crashworthiness and certain design characteristics of the CASA-212 airplane. The Safety Board notes the regulatory actions being taken by the FAA through notices of proposed rulemaking (NPRM) regarding CASA-212 passenger seats, main door stair, head clearance, partitions/bulkheads, and seat materials. Pending completion of the reviews discussed in the FAA response, these safety recommendations are classified as "Open- -Acceptable Action."

From: FAA
To: NTSB
Date: 9/15/1989
Response: ON MAY 1, 1989, THE FAA ISSUED A NPRM PROPOSING TO ENSURE THAT NO PART OF THE RIGHT REAR PASSENGER SEAT OBSTRUCTS THE EMERGENCY DOOR EXIT (PERTAINS TO A-88-92) AND ENSURING HEAD CLEARANCE BETWEEN THE LEFT FORWARD PASSENGER SEAT AND HARD STRUCTURE, SUCH AS THE ADJACENT BULKHEAD (PERTAINS TO A-88-094). THE FAA IS CONSIDERING AN NPRM PROPOSING REMOVAL OR MODIFICATION OF THE STAIR (PERTAINS TO A-88-93). THE FAA IS DEVELOPING SEVERAL PROPOSALS TO AMEND CABIN SAFETY OF COMMUTER AIRCRAFT, INCLUDING FIRE-BLOCKING SEAT MATERIALS (PERTAINS TO A-88-96).

From: NTSB
To: FAA
Date: 5/19/1989
Response: Safety Recommendations A-88-92 through -96 concern general aircraft crashworthiness and certain characteristics of the CASA-212 airplane. Pending completion of the review discussed in the FAA response, these Safety Recommendations are classified as "Open--Acceptable Action."

From: FAA
To: NTSB
Date: 1/12/1989
Response: THE FAA HAS INITIATED A REVIEW OF THE CASA-212 AIRPLANE DESIGN TO DETERMINE IF THE SEATS AND THE ARMRESTS INTRUDE INTO THE PATHWAY TO THE TYPE II AND TYPE III EXITS, TO DETERMINE IF THE LADDER INSTALLATION (INSTALLED IN ACCORDANCE WITH SUPPLEMENTAL TYPE CERTIFICATE STC906GL) PROVIDES ADEQUATE VIEW AND ACCESS TO THE DOOR HANDLE, OF THE INSTALLATION OF THE BULKHEAD-REFRESHMENT CENTER FOR CRASHWORTHINESS, AND OF THE INSTALLATION OF THE FLIGHTCREW RESTRAINTS AND WHETHER THE RESTRAINTS MAY RESTRICT PILOT ABILITIES TO OPERATE ALL CONTROLS. AS SOON AS THE REVIEW IS COMPLETE, I WILL APPRISE THE BOARD OF THE FAA'S PLANNED ACTION. THE FAA IS CONSIDERING SEVERAL PROPOSALS TO AMEND THE COMMUTER CATEGORY AIRPLANE STANDARDS AS THEY RELATE TO CABIN FIRE SAFETY FEATURES. AS SOON AS THE PROPOSALS ARE FINALIZED, I WILL APPRISE THE BOARD OF THE FAA'S PLANNED ACTION TO RESPOND TO THIS SAFETY RECOMMENDATION.