Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation A-94-107
Details
Synopsis: On august 18, 1993, at 1656 eastern daylight time (EDT), a Douglas DC-8-61 freighter, N814CK, registered to American International Airways (AIA), in., d/b/a Connine Kalitta Services, Inc., and operating as AIA flight 808, collided with level terrain approximately 1/4 mile from the approach end of runway 10, after the captain lost control of the airplane while approaching the Leeward Point Airfield at the U.S. Naval Air Station, Guantanamo Bay, Cuba. The airplane was destroyed by impact forces and postaccident fire, and the three flight crewmembers sustained serious injuries. Visual meteorological conditions prevailed, and an instrument flight rules (IFR) flight plan had been filed. The flight was conducted under 14 code of federal regulations (CFR), part 121, supplemental air carriers, as an international, nonscheduled, military contract flight.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Revise 14 CFR, section 121.445, to eliminate subparagraph (C), and require that all flight crewmembers meet the requirements for operation to or from a special airport, either by operating experience or pictorial means.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Aviation
Location: GUANTANAMO BAY, OF, GUANTANAMO BAY
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA93RA060
Accident Reports: Uncontrolled Collision with Terrain American International Airways Flight 808, Douglas DC-8-61, N814CK
Report #: AAR-94-04
Accident Date: 8/18/1993
Issue Date: 5/18/1994
Date Closed: 3/18/2014
Addressee(s) and Addressee Status: FAA (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: FAA
Date: 3/18/2014
Response: Both the January 12, 2009, NPRM and the May 20, 2011, SNPRM proposed the revisions we recommended. In the comments we submitted regarding both of these notices, we indicated our support for the proposed revisions, and the need for you to complete this work. Unfortunately, the November 12, 2013, final rule does not contain the relevant provisions in the SNPRM. Consequently, Safety Recommendation A 94 107 is classified CLOSED—UNACCEPTABLE ACTION.

From: NTSB
To: FAA
Date: 6/14/2012
Response: Since the NTSB issued this recommendation 18 years ago, the FAA has indicated that it planned to address the recommended action as part of its revisions to Part 121, subparts N and O. Over that time, we have indicated that this rulemaking project would constitute an acceptable means of addressing this recommendation, as well as many other open recommendations. On January 12, 2009, the FAA published a notice of proposed rulemaking (NPRM), titled “Qualification, Service and Use of Crewmembers and Aircraft Dispatchers,” and on May 20, 2011, it published a supplemental notice of proposed rulemaking (SNPRM) on the same subject. Both notices propose to make the revisions we recommended. In the comments we submitted to the FAA regarding both of these notices, we indicated our support for the proposed revisions, and the need for the FAA to make them. We also pointed out that both notices proposed the action specified in Safety Recommendation A-94-107. The issuance of the NPRM and SNPRM constitute positive responses to this recommendation, and, if a final rule were issued based on these documents, it would close Safety Recommendation A-94-107. However, 18 years after the recommendation was issued, the FAA still has not completed the recommended action, and we find that to be an unacceptably slow pace. Accordingly, pending issuance of a final rule based on the May 20, 2011, SNPRM, Safety Recommendation A-94-107 is classified OPEN—UNACCEPTABLE RESPONSE. We urge the FAA to move expeditiously to finalize this rule.

From: FAA
To: NTSB
Date: 3/23/2012
Response: -From Michael P. Huerta, Acting Administrator: In the Board's letter dated, October 17, 2005, it asked for an update on the rulemaking to revise part 121, subparts N and O. On January 12, 2009, the Federal Aviation Administration (FAA) published the Qualification, Service and Use of Crewmembers and Aircraft Dispatchers Notice of Proposed Rulemaking, and a supplemental notice of proposed rulemaking (SNPRM) on May 20, 2011. Section 121.1235(c) of the SNPRM addresses this recommendation and proposes the following: (c) The Administrator may determine that certain airports (due to items such as surrounding terrain, obstructions, or complex approach or departure procedures) are special airports requiring special airport qualifications and that certain areas or routes require a special type of navigation qualification. If the Administrator makes such a determination, no certificate holder may use any person, nor may any person serve, as a pilot in special airport operations unless, within the preceding 18 months, the pilot has met one of the following requirements: (1) Served as a pilot flying or pilot monitoring during a takeoff and landing at the special airport. (2) Qualified by using photographs and diagrams acceptable to the Administrator for the special airport. (3) Qualified by using written descriptions and diagrams of the special characteristics of the airport only in those cases where the country in which the airport is located does not allow photographs to be taken of the airport. The written descriptions and diagrams must be acceptable to the Administrator. I will keep the Board informed of the FAA's progress in this safety recommendation, and provide an updated response by March 31, 2013.

From: NTSB
To: FAA
Date: 7/15/2011
Response: Notation 8106A: The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration's (FAA) supplemental notice of proposed rulemaking (SNPRM) titled "Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers," published at 76 Federal Register 29336-29526 on May 20, 2011. The notice proposes to amend the regulations for flight and cabin crewmember and aircraft dispatcher training programs in domestic, flag, and supplemental operations. The proposed regulations are intended to contribute significantly to reducing aviation accidents by requiring the use of flight simulation training devices (FSTD) for flight crewmembers and including additional training and evaluation requirements for all crewmembers and aircraft dispatchers in areas that are critical to safety. The proposal also reorganizes and revises the qualification, training, and evaluation requirements. The SNPRM is based on the FAA's review of comments submitted in response to the January 12, 2009, notice of proposed rulemaking (NPRM) on these issues and its determination that the NPRM did not adequately address or clarify some topics; it is also based on provisions of the Airline Safety and Federal Aviation Administration Extension Act of 2010. The NTSB notes that the SNPRM proposes that pilots-in-command (PIC) and seconds-in-command be required to undergo the same training and be subject to the same requirements for special airports, in contrast to the current rule requiring special airport training for PICs. The NTSB stated in its response to the January 2009 NPRM that a final rule including this proposed revision would likely constitute an acceptable action to close this recommendation. However, the NTSB now questions the potential safety benefit of the revision given the FAA's stance concerning Safety Recommendation A-97-92, which addressed the development and publication of criteria for designating special airports.1 During meetings with the NTSB about this recommendation, the FAA stated that the specification of criteria and conditions for the classification of special airports was problematic because the need to designate an airport as special might be specific to aircraft operating into that airport or to a particular airline operating into the airport. As a result, the FAA created a new "special pilot-in-command" classification for airports requiring flight crew familiarity. Because the SNPRM does not address "special pilot-in-command" airports within the revised pilot training requirements, the NTSB is uncertain whether the proposed revision adequately addresses Safety Recommendation A-94-107.

From: NTSB
To: FAA
Date: 5/7/2009
Response: Notation 8106: The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration's (FAA) notice of proposed rulemaking (NPRM) titled, "Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers," which was published in 74 Federal Register 1280 on January 12, 2009. The NPRM proposes the following language for 14 CFR 121.1235(c): "The Administrator may determine that certain airports (due to items such as surrounding terrain, obstructions, or complex approach or departure procedures) are special airports requiring special airport qualifications and that certain areas or routes require a special type of navigation qualification." In addition, special routes, areas, and airports for special operations are among the subjects in the NPRM's list of required training. Therefore, the NPRM is responsive to the recommendation. If the NPRM (as currently presented) becomes a final rule, the NTSB likely will consider it an acceptable action, and this recommendation will be closed.

From: NTSB
To: FAA
Date: 10/17/2005
Response: NMC# 102719: Because there has been no formal correspondence on these recommendations for a considerable period of time, the Board would appreciate an update on recent FAA activities in response to these safety recommendations, including when the FAA expects the recommended actions to be completed. These seven open safety recommendations are dependent, according to the FAA, on the proposed, but as yet unpublished, revisions to Part 121, subparts N and O. Through correspondence with the FAA on these recommendations, we have seen the proposed date for the FAA's publication of a notice of proposed rulemaking (NPRM) related to revisions to Part 121 subparts N and O, repeatedly delayed. The NPRM was first promised in July 1998, then December 2000, then February 2001; and an NPRM has yet to be published. All of these recommendations are more than 7 years old, and one is 12 years old. The Board anticipates that a considerable period of time will be taken to collect and analyze comments from the public following publication of the NPRM and that, consequently, a final rule will not be issued until several years after the NPRM is published. The Board urges the FAA to issue this NPRM soon. The Board also requests that the FAA advise us on the most current schedule for issuing this NPRM and for implementation of the final rule. We would appreciate receiving this information before we reevaluate the status of these recommendations.

From: FAA
To: NTSB
Date: 2/11/2003
Response: "FAA Staff advised via telephone that the NPRM package with changes to 14 CFR subparts N and O is in internal FAA coordination at this time. The document is 1000 pages and they expect to have it submitted to OST in May 2003."

From: NTSB
To: FAA
Date: 12/20/1999
Response: Pending submission and adoption of the revisions to 14 CFR Part 121, subparts N and O, A-94-107 is classified OPEN – ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 8/11/1999
Response: Letter Mail Controlled 8/18/99 10:49:28 AM MC# 990908 - From Jane F. Garvey, Administrator: The FAA had previously advised the Board that it had initiated an NPRM proposing to revise 14 CFR part 121, subparts N and O, to address these recommendations. The FAA had anticipated issuing the NPRM in July 1998. However, this rulemaking project is much larger than originally expected. The FAA is continuing its efforts to complete this NPRM and anticipates publishing the NPRM in December 2000. I will provide the board with a copy of the NPRM as soon as it is issued.

From: FAA
To: NTSB
Date: 7/14/1997
Response: MC# 970959: - From Barry L. Valentine, Acting Administrator: The Federal Aviation Administration has initiated a notice of proposed rulemaking (NPRM) proposing to revise 14 CFR 121, Subparts N and O, to address this safety recommendation. It is anticipated that the NPRM will be issued by July 1998. I will provide the Board with a copy of any document that may be issued.

From: NTSB
To: FAA
Date: 8/11/1994
Response: The Board notes that the FAA may issue a notice of proposed rulemaking to address the subject of the three recommendations. As a result, the Safety Board classifies A-94-105 through -107 OPEN – ACCEPTABLE RESPONSE, pending rulemaking action.

From: FAA
To: NTSB
Date: 7/13/1994
Response: MC# 940507: - From David R. Hinson, Administrator: The FAA is considering the issuance of a notice of proposed rulemaking to address these recommendations.