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Safety Recommendation Details

Safety Recommendation A-97-107
Details
Synopsis: ON 11/19/96, AT 1701 CENTRAL STANDARD TIME, UNITED EXPRESS FLIGHT 5925, A BEECHCRAFT 1900C, N87GL, COLLIDED WITH A BEECHCRAFT KING AIR A90, N1127D, AT QUINCY MUNICIPAL AIRPORT, NEAR QUINCY, ILLINOIS. FLIGHT 5925 WAS COMPLETING ITS LANDING ROLL ON RUNWAY 13, AND THE KING AIR WAS IN ITS TAKEOFF ROLL ON RUNWAY 04. A THIRD AIRPLANE, A PIPER CHEROKEE, WAS POSITIONED FOR PLANNED TAKEOFF ON RUNWAY 04 BEHIND THE KING AIR. THE COLLISION OCCURRED AT THE INTERSECTION OF THE TWO RUNWAYS. ALL 10 PASSENGERS AND TWO CREWMEMBERS ABOARD FLIGHT 5925 AND THE TWO OCCUPANTS ABOARD THE KING AIR WERE KILLED. FLIGHT 5925 WAS A SCHEDULED PASSENGER FLIGHT OPERATING UNDER THE PROVISIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS (CFR) PARAT 135. THE FLIGHT WAS OPERATED BY GREAT LAKES AVIATION, LTD., DOING BUSINESS AS UNITED EXPRESS. THE KING AIR WAS OPERATING UNDER 14 CFR PART 91.
Recommendation: THE NTSB RECOMMENDS THAT THE FAA: DEVELOP WAYS TO FUND AIRPORTS THAT ARE SERVED BY SCHEDULED PASSENGER OPERATIONS ON AIRCRAFT HAVING 10 OR MORE PASSENGER SEATS, AND REQUIRE THESE AIRPORTS TO ENSURE THAT AIRCRAFT RESCUE AND FIRE FIGHTING UNITS WITH TRAINED PERSONNEL ARE AVAILABLE DURING COMMUTER FLIGHT OPERATIONS AND ARE CAPABLE OF TIMELY RESPONSE.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Aviation
Location: QUINCY, IL, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA97MA009AB
Accident Reports: Runway Collision United Express Flight 5925 and Beechcraft King Air A90 Quincy Municipal Airport
Report #: AAR-97-04
Accident Date: 11/19/1996
Issue Date: 9/12/1997
Date Closed: 5/5/2004
Addressee(s) and Addressee Status: FAA (Closed - Acceptable Action)
Keyword(s): Airport Rescue and Firefighting

Safety Recommendation History
From: NTSB
To: FAA
Date: 5/5/2004
Response: As outlined above, the Safety Board notes that scheduled passenger operations having 10 or more passenger seats are now required to use Part 139 certificated airports for domestic-type operations. Because Part 139 airports have established programs available for obtaining funding and are required to provide appropriate aircraft rescue and firefighting (ARFF) response, the Safety Board believes the intent of these recommendations has been met. Accordingly, Safety Recommendation A-97-107 is classified "Closed--Acceptable Action."

From: FAA
To: NTSB
Date: 2/9/2004
Response: Part 121.590 Use of Certificated Land Airports in the United States now incorporates 10 or more passengers into the requirement to use Part 139 Airports. Part 139 airports are eligible for federal funding and are required to have aircraft rescue and fire fighting capabilities commensurate with the size and frequency of air carrier operations.

From: NTSB
To: FAA
Date: 10/17/2000
Response: Notation 7296: The National Transportation Safety Board has reviewed the Federal Aviation Administration’s (FAA) Notice of Proposed Rulemaking (NPRM), “14 CFR Parts 121 and 139 Certification of Airports: Proposed Rule,” which was published in 65 Federal Register 38636 on June 21, 2000. The notice proposes to revise the current airport certification regulation and to establish four airport classes that would expand certification requirements to include airports serving scheduled air carrier operations aircraft with 10 to 30 seats. In addition, changes are proposed to address Safety Board recommendations and petitions for exemptions and rulemaking. A section of an air carrier operation regulation also would be amended to conform with proposed changes to airport certification requirements. According to the NPRM, the FAA believes that these proposed revisions are necessary to ensure safety in air transportation and to provide a comparable level of safety at all certificated airports. The Safety Board notes that the proposed revisions are the result of the Federal Aviation Administration Reauthorization Act of 1996, which broadened the FAA’s statutory authority to allow it to certificate airports that serve any scheduled passenger air carrier operating aircraft designed for more than 9 passenger seats but fewer than 31 passenger seats. The 1996 amendment was in response to Safety Recommendation A-94-203, which was issued following a safety study on commuter airline safety and recommended that the FAA enhance the level of safety at airports served by commuter airlines by seeking legislative action within 6 months to include in the Airport Certification Program all airports served by air carriers that provide scheduled passenger service. The Board also issued Safety Recommendation A-94-204, which asked the FAA to enhance the level of safety at airports served by commuter airlines by revising and expanding 14 Code of Federal Regulations 135, following enactment of the legislative action described in Safety Recommendation A-94-203, to permit scheduled passenger operation only at airports certificated under the standards contained in Part 139, “Certification and Operations: Land Airports Serving Certain Air Carriers.” The Safety Board generally supports the FAA’s proposal and believes that the NPRM, if promulgated, will enhance the level of safety at airports served by commuter airlines. Comments regarding particular revisions are presented below. Aircraft Rescue and Firefighting Protection at Airports Serving Commuter Airlines Following the runway collision accident involving a United Express Beech 1900 and a King Air B90 at Quincy, Illinois, on November 19, 1996, the Safety Board issued Safety Recommendation A 97 107, which asked the FAA to develop ways to fund airports that are served by scheduled passenger operations on aircraft having 10 or more passenger seats and require these airports to ensure that aircraft rescue and fire fighting (ARFF) units with trained personnel are available during commuter flight operations and are capable of timely response. Safety Recommendation A-97-107 is currently classified “Open—Acceptable Response.” The Safety Board continues to believe that commuter airline passengers are entitled to one level of safety and supports the proposed revisions to Sections 139.317 and 139.319, which would require ARFF protection for scheduled air carrier aircraft with 10 seats or more. Airport Emergency Planning and Hazardous Materials/Dangerous Goods Emergency Response As a result of the accident involving Federal Express flight 1406 at Newburgh, New York, on September 5, 1996, the Safety Board issued Safety Recommendation A-98-77, which asked the FAA to require all certificated airports to coordinate with appropriate fire departments and all State and local agencies that might become involved in responding to an aviation accident involving hazardous materials to develop and implement a hazardous materials response plan for the airport that specifies the responsibility of each participating local, regional, and State agency and addresses the dissemination of information about the hazardous materials involved. Such plans should take into consideration the types of hazardous materials incidents that could occur at the airport based on the potential types and sources of hazardous materials passing through the airport. Airports should also be required to coordinate the scheduling of joint exercises to test emergency responses to hazardous materials incidents. Safety Recommendation A-98-77 is currently classified “Open—Acceptable Response.” The Board supports the addition of hazardous materials/dangerous goods incidents in proposed Section 139.327, “Airport Emergency Plan,” and looks forward to the final rule’s issuance. The Safety Board notes that proposed paragraph 139.327(h) would require that each holder of a Class I airport operating certificate conduct a full-scale airport emergency plan exercise at least once every 36 calendar months. The Board supports this proposed requirement and believes that Class II and Class III airports should also be included because airports in both of these classes would be served by scheduled commuter air carriers. The Safety Board appreciates the opportunity to comment on this proposed rule.

From: NTSB
To: FAA
Date: 7/26/2000
Response: ON 12/1/98, THE SAFETY BOARD INDICATED TO THE FAA THAT PENDING EXTENDING 14 CFR PART 139 AIRPORT CERTIFICATION REQUIREMENTS TO AIRPORTS SERVED BY AIRCRAFT HAVING 10 TO 30 SEATS, THIS RECOMMENDATION WAS CLASSIFIED AS "OPEN--ACCEPTABLE RESPONSE." THE BOARD IS CURRENTLY REVIEWING THE NPRM, AND WILL SUBMIT SEPARATELY COMMENTS TO THE FAA. PENDING ISSUANCE OF THE FINAL RULE, A-97-107 REMAINS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: FAA
To: NTSB
Date: 7/7/2000
Response: Letter Mail Controlled 07/13/2000 3:18:56 PM MC# 2000891: On June 2, 2000, the Federal Aviation Administration (FAA) issued a notice of proposed rulemaking (NPRM) proposing to extend 14 CFR Part 139 airport certification requirements to airports served by aircraft having 10 to 30 seats. The NPRM also addresses the availability of airport rescue and firefighting units and personnel during commuter operations. I have enclosed a copy of the NPRM for the Board's information. I will provide the Board with a copy of the final rule as soon as it is issued.

From: FAA
To: NTSB
Date: 5/4/2000
Response: Letter Mail Controlled 05/15/2000 2:42:24 PM MC# 2000623 THE FAA IS CONTINUING ITS EFFORTS TO ISSUE A NOTICE OF PROPOSED RULEMAKING (NPRM) PROPOSING TO EXTEND 14 CFR PART 139 AIRPORT CERTIFICATION REQUIREMENTS TO AIRPORTS SERVES BY AIRCRAFT HAVING 10 TO 30 SEATS. THE NPRM WILL ALSO ADDRESS THE AVAILABILITY OF AIRPORT RESCUE AND FIREFIGHTING (ARFF) UNITS AND PERSONNEL DURING COMMUTER OPERATIONS. IT IS ANTICIPATED THAT THE NPRM WILL BE PUBLISHED IN THE FEDERAL REGISTER FOR COMMENT IN LATE SPRING 2000. I WILL PROVIDE THE BOARD WITH A COPY OF THE NPRM AS SOON AS IT IS ISSUED.

From: FAA
To: NTSB
Date: 11/24/1997
Response: Federal assistance to airports is provided through Airport Improvement Program (AIP) grants and by the approval of the collection of a Passenger Facility Charge (PFC) from air carrier passengers at an airport. Eligibility for the use of AIP funds or PFC collections is subject to strict criteria established by statute. Eligible projects include equipment and facilities used for airport rescue and firefighting (ARFF) but not salaries, training, or other operating costs. The FAA assigns the highest priority to safety-critical projects and projects needed to meet safety certification requirements under 14 CFR Part 139. The FAA has initiated rulemaking to consider extending 14 CFR Part 139 certification requirements to airports served by aircraft having 10 to 30 seats. Pending completion of that rulemaking, requests for AIP funding of ARFF capital projects and equipment purchases at these airports would be considered on a case-by-case basis. Similar requests for PFC collection would be granted if the requests meet all other PFC program requirements. Funding of other ARFF costs would require a change in legislation. The AIP and PFC programs are intended for capital development and planning, and the agency has no plans to pursue a change in the legislative eligibility criteria at this time. The second part of this safety recommendation relates to the availability of ARFF units and personnel during commuter operations. This issue is currently under consideration as part of the agency's rulemaking project. The FAA is developing a notice of proposed rulemaking (NPRM) proposing to amend 14 CFR Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers, to require these types of airports to have a certificate under 14 CFR Part 139. The rulemaking project addresses a prior safety recommendation issued by the Board (A-94-204) and reflects new agency authority contained in the 1996 FAA Reauthorization Act. The NPRM will address the ARFF requirements for these airports based on these recommendations, reports submitted by the Aviation Rulemaking Advisory Committee, and an analysis of the costs and benefits associated with various alternatives. The FAA has used data and findings on accidents/incidents involving air carrier aircraft with 10 or more seats where ARFF either was or may have been a factor. The FAA will also consider any further relevant information the Board may have on this issue. I will keep the Board informed of the FAA's progress on this safety recommendation.