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NTSB · Safety Recommendation

Safety Recommendation A-11-039

Recommendation

TO THE FEDERAL AVIATION ADMINISTRATION: Require that role-playing or simulator-based exercises that teach first officers to assertively voice their concerns and that teach captains to develop a leadership style that supports first officer assertiveness be included as part of the already required crew resource management training for 14 Code of Federal Regulations Part 121, 135, and 91 subpart K pilots.

Safety Issue and Context

On January 27, 2009, about 0437 central standard time, an Avions de Transport Régional (ATR) Aerospatiale Alenia ATR 42-320 (ATR 42), N902FX, operating as Empire Airlines flight 8284, was on an instrument approach when it crashed short of the runway at Lubbock Preston Smith International Airport (LBB), Lubbock, Texas.2 The captain sustained serious injuries, and the first officer sustained minor injuries. The airplane was substantially damaged. The airplane was registered to FedEx Corporation and operated by Empire Airlines, Inc., as a 14 Code of Federal Regulations (CFR) Part 121 supplemental cargo flight. The flight departed from Fort Worth Alliance Airport, Fort Worth, Texas, about 0313.

Instrument meteorological conditions prevailed, and an instrument flight rules (IFR) flight plan was filed. The National Transportation Safety Board (NTSB) determined that the probable cause of this accident was the flight crew’s failure to monitor and maintain a minimum safe airspeed while executing an instrument approach in icing conditions, which resulted in an aerodynamic stall at low altitude.

Contributing to the accident were (1) the flight crew’s failure to follow published standard operating procedures (SOP) in response to a flap anomaly, (2) the captain’s decision to continue with the unstabilized approach, (3) the flight crew’s poor crew resource management (CRM), and (4) fatigue due to the time of day in which the accident occurred and a cumulative sleep debt, which likely impaired the captain’s performance.

Response History

April 3, 2024 · NTSB Correspondence · FAA

We previously told the FAA that including example scenarios of the recommended role-playing exercises in Advisory Circulars (ACs) 120-51E, “Crew Resource Management Training,” and 120-35D, “Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation” would be an acceptable alternative to requiring these exercises in CRM training for pilots. We note, however, that the FAA no longer intends to revise these ACs because it believes operators should develop the example scenarios.

We point out that AC 120-51E, which was available at the time of this accident, suggests that assertiveness exercises should be included in CRM training programs; however, the accident first officer’s CRM training did not include any role-playing activities in which pilots could practice developing assertiveness skills, and it was limited to two presentation slides that encouraged pilots to speak up with “appropriate persistence until there is a clear resolution.”

In addition, although AC 121-42, “Leadership and Command Training for Pilots in Command,” and AC 121 43, “Mentoring Training for Pilots in Command” encourage instructors to facilitate practical exercises that allow crewmembers to practice interacting under situations that might occur on the job, neither of the ACs includes example scenarios to teach first officers to assertively voice their concerns and captains to develop a leadership style that supports first officer assertiveness.

We continue to believe that incorporating the recommended role-playing or simulator-based exercises into pilot CRM training would allow pilots to bridge the gap between their knowledge of assertiveness and the actions needed in the cockpit to be effectively assertive. However, because the FAA does not intend to require this training or include example scenarios in your training guidance, Safety Recommendation A-11-39 is classified CLOSED-- UNACCEPTABLE ACTION.

Read Recommendation

Recommendation Facts

Status
Closed - Unacceptable Action
Issued
May 19, 2011
Priority
CLASS II
Recipient
FAA
Adopted
April 26, 2011
Closed
April 3, 2024
Related Investigation
CEN09MA142
Related Report
AAR-11-02
August 22, 2023 · Recipient Response · FAA

-From Kathryn Thomson, Deputy Administrator: The Federal Aviation Administration (FAA) previously planned to revise guidance in both:

• Advisory Circular (AC) 120-35D, Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation; and

• AC 120-51E, Crew Resource Management Training.

In its letter dated July 26, 2022, the Board suggested these revised ACs should include example scenarios to teach first officers to assertively voice their concerns and captains to develop a leadership style that supports first officer assertiveness. However, the FAA determined it is the responsibility of the air carrier instructors to develop these types of operational-specific examples, as supported by the current versions of these ACs. Therefore, we no longer plan to address this recommendation with revised guidance.

As previously stated in our letter dated January 3, 2022, in support of air carriers, the FAA published the Pilot Professional Development (PPD) Final Rule (85 FR 10896) on February 25, 2020. The PPD rule provides new hire pilots with the opportunity to observe flight operations and become familiar with company procedures before serving as flightcrew members. It lays out leadership, command, and mentoring training for all aspiring airline transport pilot certificated future captains. Additionally, the PPD rule is further enhanced with two ACs published on March 3, 2020:

• AC 121-42, Leadership and Command Training for Pilots in Command; and • AC 121-43, Mentoring Training for Pilots in Command.

Through effective education and mentorship, the FAA believes the PPD rule improves aviation safety by mitigating incidents of unprofessional pilot behavior and reducing pilot errors. Combined with the information found in the ACs discussed, we believe the intent of the recommendation is addressed.

I believe that the FAA has effectively addressed Safety Recommendation A-11-39 and consider our actions complete.

July 26, 2022 · NTSB Correspondence · FAA

You reported that the revisions to Advisory Circulars (ACs) 120-51E, “Crew Resource Management Training,” and 120-35D, “Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation,” have been delayed and are now expected to be published in the fall of this year.

We note that, on March 3, 2020, you published AC-121-42, “Leadership and Command Training for Pilots in Command,” and AC-121-43, “Mentoring Training for Pilots in Command.” We also note that these ACs encourage instructors to facilitate practical exercises that require students to practice their skills at effectively reinforcing and correcting other crewmembers and incorporate role-playing exercises that allow crewmembers to practice interacting under situations that might occur on the job. However, neither of the ACs includes example scenarios to teach first officers to assertively voice their concerns and captains to develop a leadership style that supports first officer assertiveness.

We encourage you to ensure that these concerns are addressed in your revisions to ACs 120-51E and 120-35D. In the meantime, we remain concerned because this recommendation is more than 11 years old, and this is not the first delay that you have reported. Pending revisions to the ACs that satisfy Safety Recommendation A-11-39, it remains classified OPEN-- UNACCEPTABLE RESPONSE.

January 3, 2022 · Recipient Response · FAA

-From Steve Dickson, Administrator: As previously stated, two existing advisory circulars (AC) are still in our revision process due to extended internal coordination:

1) AC 120-35D, Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation; and

2) AC 120-51E, Crew Resource Management Training.

We anticipate completing these revisions in the first half of 2022 with management review and publication of the ACs by September 30, 2022.

In addition, we previously stated that the Federal Aviation Administration published the Pilot Professional Development Final Rule (85 FR 10896) on February 25, 2020. It focuses on training for newly hired pilots and supplemental training for captains. The rule improves aviation safety by mitigating incidents of unprofessional pilot behavior, and hence reducing pilot errors.

Furthermore, two new ACs published on March 3, 2020, enhance the rule: 1) AC-121-42, Leadership and Command Training for Pilots in Command; and 2) AC-121-43, Mentoring Training for Pilots in Command.

I anticipate providing an update to this safety recommendation by November 30, 2022.

September 29, 2020 · NTSB Correspondence · FAA

We note that the revisions to Advisory Circulars (ACs) 120-51E, “Crew Resource Management Training,” and 120-35D, “Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation,” have been delayed and are now expected to be published by the end of this year.

Although we continue to believe that the revised ACs may satisfy this recommendation, we are concerned because this recommendation is more than 9 years old and this is not the first delay that you have reported. Pending revisions to the ACs that satisfy Safety Recommendation A-11-39, it remains classified OPEN--UNACCEPTABLE RESPONSE.

April 13, 2020 · Recipient Response · FAA

-From Steve Dickson, Administrator: On February 25, 2020, the FAA published the Pilot Professional Development Final Rule (85 FR 10896). Effective April 27, 2020, the final rule requires specific training for newly-hired pilots and supplemental training for captains. We reported in our March 24, 2017, letter that the FAA planned to update Advisory Circulars (AC) 120-51E, Crew Resource Management Training, and 120-35D, Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation, and that we anticipated publication of the revised ACs by July 2017.

The revision of these ACs was delayed due to the lengthy review and publication schedule of the Pilot Professional Development final rule. Now that the final rule has been published, work can resume on these revised ACs. We anticipate publication of the revised ACs by December 2020.

May 23, 2017 · NTSB Correspondence · FAA

First officer assertiveness is addressed in advisory circular (AC) 120-51E, “Crew Resource Management Training,” and simulator scenario development is addressed in AC 120 35D, “Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training, Special Purpose Operational Training, Line Operational Evaluation.” We note that, to satisfy this recommendation, you plan to modify both ACs to emphasize leadership and followership skills. These revisions may satisfy this recommendation, but we remain concerned that the revisions have not been made almost 6 years after this recommendation was issued. We regard this as an unacceptable delay.

Pending revisions to the ACs that satisfy Safety Recommendation A-11-39, it remains classified OPEN--UNACCEPTABLE RESPONSE.

March 24, 2017 · Recipient Response · FAA

-From Michael P. Huerta, Administrator: The Federal Aviation Administration (FAA) initiated rulemaking and drafted the Pilot Professional Development Notice of Proposed Rulemaking (NPRM) (formerly known as the Flight Crewmember Mentoring, Professional Development, and Leadership NPRM) to amend the regulations for air carrier training programs under part 12 1. The N PRM is currently under senior-level executive review and publication is anticipated in Fiscal Year 2017.

The FAA currently addresses first officer assertiveness in Advisory Circular (AC) 120-51 E, Crew Resource Management Training, and addresses simulator scenario development in AC I 20-35D. Flightcrew Member Line Operational Simulations: Line-Oriented Flight Training. Special Purpose Operational Training. Line Operational Evaluation. In response to this recommendation, we plan to modify both ACs to emphasize leadership/followership skills, including adding cross references between the two documents. We anticipate publication of both ACs by July 2017 with current versions available at rgl.faa.gov.

I will keep the Board informed of the FAA 's progress on this recommendation and provide an update by October 31, 2017.

July 8, 2016 · NTSB Correspondence · FAA

The FAA’s only letter concerning Safety Recommendation A-11-39, dated September 22, 2011, stated that the FAA had proposed enhanced CRM training requirements for flightcrew members and was developing guidance on leadership training. Pending our receipt and review of the recommended role-playing or simulator-based exercises for Part 121, 135, and 91 subpart K pilots, Safety Recommendation A-11-39 was classified “Open?Acceptable Response” on December 16, 2011.

Although Safety Recommendation A-11-39 is now 5 years old, we are not aware of any training requirements or guidance you have issued in the intervening years that addresses the concerns discussed in this recommendation. Accordingly, we request an update on any actions that you have taken or planned to address this recommendation. In the meantime, Safety Recommendation A-11-39 is classified OPEN—UNACCEPTABLE RESPONSE.

April 30, 2012 · NTSB Correspondence · FAA

Notation 8406: The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration’s (FAA) notice of proposed rulemaking (NPRM) titled “Pilot Certification and Qualification Requirements for Air Carrier Operations,” which was published at 77 Federal Register (FR) 12374 on February 29, 2012.

The notice proposes to create new certification requirements for pilots in air carrier operations, including requiring that first officers in 14 Code of Federal Regulations (CFR) Part 121 operations hold an airline transport pilot (ATP) certificate and type rating for the aircraft to be flown; allowing pilots with an aviation degree or military pilot experience but fewer than 1,500 hours total time as a pilot to obtain an ATP certificate with restricted privileges; and requiring at least 1,000 flight hours in air carrier operations to serve as pilot in–command (PIC) in Part 121 air carrier operations.

The notice also proposes to modify the requirements for obtaining an ATP certificate with an airplane category multiengine class rating or type rating to require 50 hours of multiengine flight experience and completion of a new FAA-approved ATP certificate training program that would include academic training and training in a flight simulation training device. According to the NPRM, these changes would help to ensure that pilots entering an air carrier environment have the training and aeronautical experience necessary to adapt to a complex, multicrew environment in a variety of operating conditions.

The NPRM cites the 2009 Colgan Air accident near Buffalo, New York, as an event that focused public, congressional, and industry attention on flight crew experience requirements and training for conducting Part 121 air carrier operations. In February 2010, the FAA published an advance notice of proposed rulemaking (ANPRM), titled “New Pilot Certification Requirements for Air Carrier Operations” (75 FR 6164, February 8, 2010) that sought input on current Part 121 eligibility, training, and qualification requirements for seconds-in-command (SICs).

The current NPRM is based on comments in response to the ANPRM, input received from an aviation rulemaking committee established in July 2010, and statutory requirements for modifying ATP certification outlined in the Airline Safety and Federal Aviation Administration Extension Act of 2010 (Public Law 111-216). Adding to that foundation, the NPRM states that the FAA conducted a study of 61 NTSB investigation reports from fiscal year (FY) 2001 through FY 2010 (31 Part 121 accidents and 30 Part 135 air carrier accidents, with 107 fatalities, 28 serious injuries, and 44 minor injuries).

The study showed that the accidents examined involved pilot deficiencies in aircraft handling, including stall and upset recognition and recovery, high altitude training, active pilot monitoring skills, effective crew resource management (CRM), stabilized approaches, operations in icing conditions, and hypoxia training. The NPRM asserts that the changes to air carrier pilot qualification would address, in part, 21 NTSB safety recommendations in the following areas: Safety Issue Recommendations Training flight crews to respond to sudden, unusual, or unexpected aircraft upsets: A-96-120, A-04-62, A-07-3, and A-09-113

Developing and conducting stall recovery training and providing stickpusher familiarization training for pilots of stickpusher-equipped aircraft: A-10-22 and -23 Training in high altitude operations: A-07-1 and -2 Training and guidance for rudder use in transport-category aircraft: A-02-2 Airport situational awareness: A-07-44 Stabilized approach concept: A 01 69 and A-08-18 Landing performance calculations: A-07-59 and A-08-41 CRM training: A-03-52 Pilot monitoring duties: A-10-10 Requirements for flight crewmember academic training regarding leadership and professionalism: A-10-15 Training in icing conditions: A-07-14 Hypoxia awareness training: A 00 110

Training in landing and taking off in crosswinds with gusts: A 10-110 and -111 The NTSB is generally supportive of the proposed rule as it relates to many of the issues previously identified in our safety recommendations. Specific comments on several areas of the NPRM follow. Academic Credit To Reduce Flight Experience Requirements Although the NTSB has not made recommendations for flight hour minimums for air carrier pilots (instead focusing its recommendations on specific procedures and training, needed regulations, and needed guidance to crews and operators), we stated in our comments on the ANPRM that:

Ensuring a high level of knowledge, skills, and professionalism for flight crewmembers is essential, but total flight hours or an airline transport pilot certificate does not necessarily equate to the level of knowledge, skills, and professionalism required for consistently safe flight operations. The comments went on to state that, “the NTSB recognizes the value of academic training for air carrier pilots, but the NTSB also believes that academic training is not a substitute for practical experience.”

An important tenet in the recent NPRM is the concept that, “in certain circumstances, the combination of focused academic training and structured flight training can substitute for actual flight experience” (p. 12379). The NTSB concurs with the FAA’s acknowledgement that there may be multiple pathways to becoming a qualified air carrier pilot. However, there remain unresolved issues for how academic credit should be applied, including student performance within an accredited academic program and the type of degree conferred. These issues are not addressed in the NPRM and require more evaluation before this proposal is implemented.

It is essential that the content and rigor involved in academic training be clearly defined and, most importantly, appropriate resources allocated to conduct evaluation and oversight of these alternative methods of qualification. ATP Certification Training Program The NPRM discusses the establishment of an FAA-approved ATP certificate training program for a multiengine class ATP or type rating.

The proposed training program outlined under section 61.154 would include 24 hours of classroom training and 16 hours of simulator training (8 in a full flight simulator of at least Level C standards) and is intended to provide pilots with the core knowledge and understanding in areas critical to operating high performance aircraft in a complex and high altitude environment. The training would be provided by an authorized training provider and would be required to be completed before a pilot would be eligible to take the ATP knowledge test.

Issued as part of the NPRM, draft Advisory Circular (AC) 61-ATP, “Airline Transport Pilot Certification Training Program for Airplane Category Multiengine Class Rating or Type Rating,” contains an outline of the curriculum topics and objectives for both the classroom and simulator training making up this training program. The AC is intended for use by training providers when developing the program and by the FAA when reviewing and approving the programs.

Many of the topics contained in the draft AC address issues from NTSB safety recommendations; in fact, the FAA notes that most of the 21 recommendations cited in the NPRM are addressed, in part, by the proposed amendments and advisory material. Although the NTSB concurs with the FAA’s assessment that, in most cases, the topics addressed will serve to partially satisfy the action requested in existing recommendations, the amount of specificity provided in the proposed rule and AC does not allow a comprehensive review of the degree to which the FAA’s proposed actions would satisfy the intent of the NTSB’s recommendations.

In some instances, neither document provides evidence that a recommendation topic is addressed. The NTSB notes that recent safety recommendations in this area have focused o

December 16, 2011 · NTSB Correspondence · FAA

We believe that the FAA's efforts thus far to develop guidance on leadership training for flight crewmember leadership and its proposed rulemaking for Part 121 air carriers are responsive.

However, we point out that evaluating a flight crew's ability to communicate and coordinate effectively in a simulator does not necessarily mean that training will include one or more scenarios requiring a flight crewmember to demonstrate appropriate assertiveness in the cockpit, which is the intent of this recommendation. Pending our receipt and review of the recommended role-playing or simulator-based exercises for 14 CFR Part 121, 135, and 91 subpart K pilots, Safety Recommendation A-11-39 is classified OPEN—ACCEPTABLE RESPONSE.

September 22, 2011 · Recipient Response · FAA

CC# 201100334: - From J. Randolph Babbitt, Administrator: The Federal Aviation Administration (FAA) recognizes the continued importance of crew resource management (CRM) training and is pursuing ways to improve upon it. On January 12, 2009, the FAA published the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers Notice of Proposed Rulemaking (NPRM). Due to the complexity of the issues and the concerns raised by those that commented, the FAA decided to issue a supplemental notice of proposed ru1emaking (SNPRM), which was published for public comment on May 20, 2011.

During the development of the SNPRM, the FAA established additional requirements for training and practice in the use of CRM skills. The FAA has proposed enhanced CRM training requirements for flightcrew members to include leadership and command training, and training in inquiry, advocacy, and assertiveness. The proposed training would also include required CRM training in initial, upgrade, and recurrent training for flightcrew members. In addition, the SNPRM proposes to require the training and evaluation of a pilot-in-command and a second-in-command as a complete flightcrew.

This will be valuable for incorporating CRM concepts into training while ensuring that the training occurs in an environment similar to line operations. The FAA is developing guidance on leadership training for flight crewmember leadership and is proposing rulemaking in this area for part 121 air carriers. In September 2010, the FAA chartered the Flight Crewmember Mentoring, Leadership, and Professional Development Aviation Rulemaking Committee (ARC) as a result of Public Law 111-216, Airline Safety and Federal Aviation Administration Extension Act of2010. The ARC provided its final report with recommendations to the FAA in November 2010.

The FAA has drafted the Flight Crewmember Mentoring, Leadership, and Professional Development NPRM, which is currently in coordination at the Office of Management and Budget. Publication of the NPRM is anticipated shortly. Associated guidance to these rules will be drafted and/or updated, as appropriate to support the proposed regulatory changes to CRM training and the proposed addition of leadership training. As this is accomplished we will give consideration to this recommendation. I will keep the Board informed of the FAA's progress and provide an updated response to this recommendation by October 2012.

July 15, 2011 · NTSB Correspondence · FAA

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.

Despite CRM training having been required for many years, the NTSB has found instances of first officers not assertively voicing their concerns. The SNPRM includes proposed requirements for CRM training that address assertiveness for first officers and the use of scenarios in flight simulator exercises. Although the SNPRM proposes to create the requirements for the recommended training, the NTSB will need to evaluate these programs before it can be determined whether the proposed requirements are adequate to close this recommendation in an acceptable manner.