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Safety Recommendation Details

Safety Recommendation A-92-028
Details
Synopsis: ON APRIL 5, 1991, ATLANTIC SOUTHEAST AIRLINES, INC., FLIGHT 2311, AN EMBRAER EMB-120, N270AS. CRASHED DURING A LANDING APPROACH TO RUNWAY 07 AT THE GLYNCO JETPORT, BRUNSWICK, GEORGIA. THE FLIGHT WAS SCHEDULED COMMUTER FLIGHT FROM ATLANTA TO BRUNSWICK, GEORGIA, OPERATING UNDER THE PROVISIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS (CFR) PART 135, AND WAS BEING CONDUCTED UNDER INSTRUMENT FLIGHT RULES. THE AIRPLANE WAS OPERATING VISUAL METEOROLOGICAL CONDITIONS AT THE TIME OF THE ACCIDENT. THE AIRPLANE WAS DESTROYED; AND THE TWO PILOTS, THE FLIGHT ATTENDANT, AND ALL 20 PASSENGERS RECEIVED FATAL INJURIES.
Recommendation: THE NTSB RECOMMENDS THAT THE FEDERAL AVIATION ADMINISTRATION: ISSUE AN AIR CARRIER OPERATIONS BULLETIN (ACOB) DIRECTING PRINCIPAL OPERATIONS INSPECTORS TO CLARIFY WITH THEIR OPERATORS THAT THE INTENT OF 14 CFR SECTION 135-265 IS NOT TO ROUTINELY SCHEDULE REDUCED REST, BUT TO ALLOW FOR UNEXPECTED OPERATIONAL DELAYS, AND TO REQUIRE COMPLIANCE WITH THE INTENT OF THE REGULATION.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Aviation
Location: BRUNSWICK, GA, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA91MA033
Accident Reports: Atlantic Southeast Airlines, Inc. Flight 2311 Uncontrolled Collision with Terrain an Embraer EMB-120, N270AS
Report #: AAR-92-03
Accident Date: 4/5/1991
Issue Date: 5/14/1992
Date Closed: 4/26/2001
Addressee(s) and Addressee Status: FAA (Closed - Unacceptable Action)
Keyword(s): Fatigue

Safety Recommendation History
From: NTSB
To: FAA
Date: 4/26/2001
Response: The Safety Board notes that Safety Recommendation A-92-28 asked that the FAA clarify to operators an existing, implemented regulation that the Board's investigation of an April 5, 1991, accident in Brunswick, Georgia, determined was not being applied correctly. In the 9 years since this recommendation was issued, the FAA has not taken action to clarify the regulation, nor has it indicated any specific plans to address this recommendation. Accordingly, Safety Recommendation A-92-28 is classified "Closed-Unacceptable Action."

From: FAA
To: NTSB
Date: 12/5/2000
Response: Letter Mail Controlled 12/08/2000 5:15:34 PM MC# 2001766 In December 1995, the Federal Aviation Administration (FAA) issued Notice of Proposed Rulemaking (NPRM) 95-18, Flight Crewmember Duty Period Limitations, Flight Time Limitations and Rest Requirements. The NPRM proposes to amend existing regulations to establish one set of duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The FAA encountered a number of technical and operational issues as a result of the NPRM and tasked the Aviation Rulemaking Advisory Committee (ARAC) to review reserve issues related to the NPRM. Although the ARAC was unable to reach consensus on a recommendation, it did provide the FAA with a better understanding of the issues affecting industry. Consequently, the FAA plans to issue a Supplemental NPRM (SNPRM) that takes into consideration the technical and operational concerns that were raised during the NPRM comment period. The SNPRM prescribes a maximum duty period linked to a maximum flight time restriction that is associated with a minimum rest period based on the number of pilots. The FAA anticipates issuing the SNPRM by spring 2001. The Board asked for an explanation as to why the FAA believed it was necessary to issue an SNPRM as opposed to a final rule. In view of the numerous comments received as a result of the 1995 NPRM, the FAA has reevaluated its proposal and intends to issue a new proposal that best addresses the fatigue issue concretely, while at the same time gives the airlines the flexibility they need to operate. I have been advised by counsel that, because the FAA has some new proposals and because the FAA must solicit the views of the public on the new proposals, the agency must issue another proposal for comment. I will provide the Board with a copy of the SNPRM as soon as it is issued.

From: NTSB
To: FAA
Date: 2/17/2000
Response: THE SAFETY BOARD WOULD APPRECIATE PERIODIC UPDATES OF THE FAA'S ACTIVITIES TO ENFORCE THESE EXISTING REGULATIONS. THE SAFETY BOARD'S REVIEW OF THE FAA'S ACTIVITIES TO IMPLEMENT RECOMMENDATIONS RELATED TO OPERATOR FATIGUE INDICATES THAT A-94-194 AND A-92-28 SHOULD ALSO BE CLASSIFIED "OPEN--UNACCEPTABLE RESPONSE," PENDING THE REVISION OF FLIGHT AND DUTY TIME REGULATIONS. THE SAFETY BOARD AGAIN URGES THE FAA TO MOVE EXPEDITIOUSLY TO REVISE THESE REGULATIONS, AS RECOMMENDED.

From: FAA
To: NTSB
Date: 7/30/1999
Response: Letter Mail Controlled 8/4/99 12:19:58 PM MC# 990843 ON 12/11/95, THE FAA ISSUED NPRM 95-18, FLIGHT CREWMEMBER DUTY PERIOD LIMITATIONS, FLIGHT TIME LIMITATIONS AND REST REQUIREMENTS. THE NPRM PROPOSES TO AMEND EXISTING REGULATIONS TO ESTABLISH ONE SET OF DUTY PERIOD LIMITATIONS, FLIGHT TIME LIMITATIONS, AND REST REQUIREMENTS FOR FLIGHT CREWMEMBERS ENGAGED IN AIR TRANSPORTATION. THE NPRM ALSO TAKES INTO CONSIDERATION SCIENTIFIC DATA CONTAINED IN STUDIES CONDUCTED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RELATING TO FLIGHT CREWMEMBER DUTY PERIODS, FLIGHT TIMES, AND REST. THE AVIATION RULEMAKING ADVISORY COMMITTEE WAS TASKED TO REVIEW RESERVE ISSUES RELATED TO THE NPRM, BUT WAS UNABLE TO REACH CONSENSUS ON A RECOMMENDATION. THE FAA IS PRESENTLY CONDUCTING A RISK ASSESSMENT TO DETERMINE THE PROBABILITY OF PREVENTING FUTURE INCIDENTS RELATED TO FATIGUE. IN THE MEANTIME, THE FAA PUBLISHED A NOTICE OF INTENT IN THE FEDERAL REGISTER ON 6/15/99, ANNOUNCING THE FAA'S INTENT TO ENFORCE THE REGULATIONS CONCERNING FLIGHT TIME LIMITATIONS AND REST REQUIREMENTS. THIS NOTICE INFORMS AFFECTED CERTIFICATE HOLDERS AND FLIGHT CREWMEMBERS OF THE FAA'S INTENT TO ENFORCE ITS RULES AND PROVIDES THEM WITH THE OPPORTUNITY TO REVIEW THEIR PRACTICES AND, IF NECESSARY, COME INTO FULL REGULATORY COMPLIANCE. I HAVE ENCLOSED A COPY OF THE NOTICE OF INTENT FOR THE BOARD'S INFORMATION. I WILL PROVIDE THE BOARD WITH A COPY OF THE SUPPLEMENTAL NPRM AS SOON AS IT IS ISSUED.

From: NTSB
To: FAA
Date: 5/6/1996
Response: THE BOARD NOTES THAT THE FAA HAS ISSUED A NOTICE OF PROPOSED RULEMAKING TO ADDRESS THE INTENT OF THIS RECOMMENDATION. PENDING ADOPTION OF A FINAL RULE, A-92-28 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: FAA
To: NTSB
Date: 3/7/1996
Response: THE FAA HAS ISSUED A NOTICE OF PROPOSED RULEMAKING (NPRM) THAT WOULD, IF ADOPTED, ADDRESS THE INTENT OF THIS RECOMMENDATION.

From: NTSB
To: FAA
Date: 10/20/1995
Response: THE BOARD IS PLEASED TO LEARN THAT THE FAA HAS DRAFTED A NOTICE OF PROPOSED RULEMAKING PROPOSING TO REVISE FLIGHT & REST REQUIREMENTS OF BOTH 14 CFR PARTS 121 & 135. THIS REVISION WILL ADDRESS THE ISSUE OF SCHEDULED REDUCED REST. PENDING THE BOARD'S REVIEW OF THE NPRM & FINAL ACTION ON THIS ISSUE, A-92-28 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: FAA
To: NTSB
Date: 9/8/1995
Response: THE FAA HAS DRAFTED A NOTICE OF PROPOSED RULEMAKING PROPOSING TO REVISE THE FLIGHT & REST REQUIREMENTS FOR BOTH 14 CFR PARTS 121 & 135. THE NPRM WILL ADDRESS THE ISSUE OF SCHEDULED REDUCED REST. IT IS ANTICIPATED THAT THIS NPRM WILL BE PUBLISHED IN NOVEMBER 1995. I WILL PROVIDE THE BOARD WITH A COPY OF ANY DOCUMENT THAT MAY BE ISSUED.

From: NTSB
To: FAA
Date: 11/30/1994
Response: (IN GREENSHEET) THE BOARD IS DISAPPOINTED THAT IMPORTANT ISSUES CONCERNING FLIGHTCREW SCHEDULING AND REST REMAIN UNRESOLVED AFTER 2 YEARS, DESPITE THE EFFORTS OF THE ARAC; ACCORDINGLY, THE BOARD RECLASSIFIES A-92-28 "OPEN--UNACCEPTABLE RESPONSE."

From: NTSB
To: FAA
Date: 10/6/1992
Response: THE BOARD NOTES THAT THE FAA HAS DECIDED TO PRESENT THIS ISSUE TO THE AVIATION RULEMAKING ADVISORY COMMITTEE FOR REVIEW & PROPOSED REGULATORY CHANGE. PENDING FURTHER INFORMATION, RECOMMENDATION A-92-28 IS CLASSIFIED AS "OPEN--ACCEPTABLE RESPONSE."

From: FAA
To: NTSB
Date: 7/22/1992
Response: THE 14 CFR PART 135 FLIGHT AND REST REGULATIONS THAT WERE IMPLEMENTED IN 1985 HAVE SUBSTANTIALLY INCREASED SAFETY. HOWEVER, IT IS EVIDENT THAT THERE ARE STILL SOME LEGITIMATE CONCERNS ABOUT REDUCED REST PERIODS. CONSEQUENTLY, RATHER THAN ISSUE AN AIR CARRIER OPERATIONS BULLETIN AS REQUESTED BY THE SAFETY BOARD, THE FAA HAS PRESENTED THESE ISSUES TO THE AVIATION RULEMAKING ADVISORY COMMITTEE (ARAC) FOR REVIEW AND PROPOSED REGULATORY CHANGE. THE FAA ACTION WILL BE INITIATED SUBSEQUENT TO THE RECOMMENDATIONS FROM THE ADVISORY COMMITTEE.