Safety Recommendation A-07-103

The NTSB notes that the FAA issued Special Airworthiness Information Bulletin (SAIB) NM-10-23, “Equipment/Furnishings: Exterior Exit Markings,” which recommends that owners, operators, and original equipment manufacturers of all-cargo airplanes mark the exterior of all exits usable in an emergency. As the FAA is aware, the NTSB does not consider an SAIB, by itself, to constitute an acceptable solution because such a bulletin does not mandate action. Because the FAA considers its actions complete, however, Safety Recommendation A-07-103 is classified CLOSED—UNACCEPTABLE ACTION.

CC# 201000359: - From J. Randolph Babbitt, Administrator: We issued Special Airworthiness Information Bulletin (SAIB) NM-IO-23, Equipment/Furnishings: Exterior Exit Markings (enclosure 3), recommending that owners, operators, and original equipment manufacturers of all-cargo airplanes mark the exterior of all exits usable in an emergency. For future certification approvals of airplanes that can carry persons other than crew, we do not intend to grant relief from part 25 requirements for exterior marking of emergency exits.

The FAA understands that the Board disagrees with the use of this SAIB to permanently address this recommendation, but we believe that the issues of concern do not rise to the level requiring mandatory corrective action. Therefore, we have decided not to pursue additional rulemaking. I believe the FAA has effectively addressed these safety recommendations, and I consider our actions complete.

The NTSB believes that a Special Airworthiness Information Bulletin (SAIB), which would notify operators who subscribe to the FAA’s Regulatory and Guidance Library of the actions recommended in Safety Recommendation A-07-103, constitutes an acceptable interim solution; however, the NTSB points out that issuance of an SAIB alone will not satisfy the intent of Safety Recommendation A-07-103, because an SAIB is non-regulatory guidance.

In addition, the NTSB points out that these recommendations were issued in 2007 and, although the FAA indicated that it is considering regulatory changes, the FAA has not conveyed the findings from its evaluation nor has it provided a schedule that outlays its plan for implementing the recommended changes. Therefore, the NTSB requests that the FAA submit additional information to indicate its progress in implementing the recommended changes. Pending the NTSB’s review of this information, Safety Recommendations A-07-102 and -103 remain classified OPEN -- ACCEPTABLE RESPONSE.

Letter Mail Controlled 9/1/2009 11:30:04 AM MC# 2090556: - From J. Randolph Babbitt, Administrator: The Federal Aviation Administration evaluated these recommendations in light of current regulatory requirements and has determined that changes to the regulations would be required in order to mandate the changes outlined in the recommendations. We are in the early stages of assessing the feasibility of those changes. In support of Safety Recommendation A-07-103 we will recommend that for existing aircraft, operators voluntarily improve the markings for exits that can be opened from the outside using a Special Airworthiness Information Bulletin (SAIB).

It is anticipated that the SAIB will be issued by June 30,2010.

The FAA replied that it is evaluating what regulatory changes and guidance materials are needed to implement these safety recommendations for both newly produced aircraft and the existing fleet. Pending the FAA’s taking the recommended actions, Safety Recommendations A-07-102 and -103 are classified OPEN -- ACCEPTABLE RESPONSE.

Letter Mail Controlled 9/18/2008 12:11:57 PM MC# 2080573: - From Robert A. Sturgell, Acting Administrator: We are evaluating what regulatory changes and guidance materials would be needed to implement these safety recommendations for both newly produced aircraft and the existing fleet. I will provide the results of our evaluation by January 2009.