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NTSB · Safety Recommendation

Safety Recommendation A-21-050

Recommendation

TO THE FEDERAL AVIATION ADMINISTRATION: Revise Order 8900.1, Flight Standards Information Management System, to include a formalized transition procedure to be used during a changeover of certificate management team personnel responsible for overseeing a certificate holder that is undergoing significant organizational change (for a reason described in volume 6, chapter 2, section 18 of the order) to ensure that incoming personnel are fully aware of potential safety risks.

Safety Issue and Context

This report discusses the October 17, 2019, accident involving a Saab SA-2000 airplane, operated by Peninsula Aviation Services Inc. d.b.a. PenAir flight 3296, which overran the end of runway 13 at Unalaska Airport, Unalaska, Alaska. The airplane was substantially damaged during the runway overrun; as a result, of the 3 crewmembers and 39 passengers aboard, 1 passenger sustained fatal injuries, and 1 passenger sustained serious injuries. Eight passengers sustained minor injuries, most of which occurred during the evacuation.

Safety issues identified in this report include the potential for cross-wiring of airplane antiskid brake systems; insufficient Federal Aviation Administration (FAA) guidance to identify safety risks for air carriers experiencing significant organizational changes, including bankruptcy, acquisition, and merger; lack of FAA consideration of runway safety area dimensions during the process of authorizing an air carrier to operate its aircraft at a specific Title 14 Code of Federal Regulations Part 139 certificated airport, and the benefits of safety management systems for design, manufacturing, and maintenance organizations.

As a result of this investigation, the National Transportation Safety Board makes six new safety recommendations to the FAA, three new safety recommendations to the European Union Aviation Safety Agency, and one new recommendation to the Saab Group.

Response History

February 26, 2025 · NTSB Correspondence · FAA

We note that the FAA’s Safety Assurance System (SAS) includes information on all Part 121 air carriers, including details about any organizational changes they may be experiencing. We also note that Order 8900.1, Volume 3, Chapter 34, section 1, SAS: Mergers and/or Acquisitions of Operational Assets, states that all FAA personnel involved in a merger and acquisition should maintain constant communication, have a robust documentation process, and use SAS tools to ensure that the operators continue to operate at the highest level of safety.

We do not believe SAS or the section of 8900.1 that you referenced are responsive to this recommendation, which focuses on changes in FAA personnel that occur within a certificate management team that is overseeing a certificate holder undergoing significant change. In this accident, the POI and FLM for PenAir had been in those positions for 3 and 4 months, respectively, at the time of the accident, and neither had previous experience overseeing an air carrier merger. The POI’s transition to the position did not involve a formalized procedure that highlighted the former POI’s knowledge about challenges resulting from PenAir’s bankruptcy and subsequent acquisition and merger.

We continue to believe that Order 8900.1 should include a formalized transition procedure that ensures any incoming FAA personnel are made aware of potential safety issues that a certificate holder might be experiencing as a result of the significant organizational changes. However, because you have not taken or planned any actions to address this concern, the Board has classified Safety Recommendation A-21-50 CLOSED-- UNACCEPTABLE ACTION.

September 14, 2023 · Recipient Response · FAA

-From Kathryn B. Thomson, Deputy Administrator: The FAA continues to believe that current practices are sufficient. The FAA’s Safety Assurance System (SAS) provides aviation safety inspector-collected information on every Part 121

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Recommendation Facts

Status
Closed - Unacceptable Action
Issued
November 18, 2021
Priority
CLASS II
Recipient
FAA
Adopted
November 2, 2021
Closed
February 26, 2025
Related Investigation
DCA20MA002
Related Report
AAR-21-05
air carrier, and any FAA employee who has access to SAS can fully explore the files within it to understand the operator’s overall condition.

In addition, FAA Order 8900.1, Flight Standards Information Management System, Volume 3, Chapter 34, Section 1, SAS: Mergers and/or Acquisitions of Operational Assets, highlights the importance of constant communication between all involved personnel, robust documentation processes, and the use of SAS tools to ensure that each air carrier continues to operate at the highest level of safety. It also states that interested parties, including Certificate Management Office personnel, should remain represented and their expertise effectively integrated at all task levels.

I believe the FAA has effectively addressed Safety Recommendations A-21-49 and -50 and consider our actions complete.

April 19, 2023 · NTSB Correspondence · FAA

We note that Order 8900.1, volume 10, chapter 10, section 1, Safety Assurance System: Certificate Transfer Process, which was published on January 6, 2022, outlines the necessary steps for transferring the oversight responsibility of an existing Part 121, 135, 141, 142, 145, or 147 certificate holder’s operating certificate from one flight standards service office to another.

The section of 8900.1 that you referenced outlines the process for transferring certificates between flight standards service offices; however, this recommendation focuses on changes in certificate management team personnel within an office rather than transferring certificates between offices. The recommendation asks you to formalize a transition procedure for the changeover of key management personnel within a team that oversees certificate holders undergoing significant change—such as a bankruptcy, acquisition, or merger.

We do not believe your current practice of asking certificate management office managers to develop a strategy for training incoming personnel and managing responsibility reassignment is an acceptable solution to this recommendation.

Pending our review of a plan to improve the process of rotating certificate management team personnel responsible for overseeing a certificate holder that is undergoing significant organizational change, Safety Recommendation A-21-50 is classified OPEN-- UNACCEPTABLE RESPONSE.

September 1, 2022 · NTSB Correspondence · FAA

We note that you are reviewing current policies and coordinating with internal and external stakeholders to determine how to address this recommendation. We believe these are necessary first steps to addressing this recommendation. Pending the completion of your review and a plan for taking the recommended action, Safety Recommendation A-21-50 is classified OPEN-- ACCEPTABLE RESPONSE.

June 17, 2022 · Recipient Response · FAA

-From Billy Nolen, Acting Administrator: The Federal Aviation Administration (FAA) currently has a formalized certificate holder transition process in place. FAA Order 8900.1, Volume 10, Chapter 10, Section 1, Safety Assurance System (SAS): Certificate Transfer Process, published on January 6, 2022, outlines, in a phased approach, the necessary steps when transferring the oversight responsibility of an existing 14 CFR Part 121, 135, 141, 142, 145, or 147 certificate holder’s operating certificate. Order 8900.1 is available at the following website: https://drs.faa.gov/browse.

As part of the formal transition procedures, an FAA oversight office maintains communication with the releasing and acquiring Certificate Management Office (CMO) throughout the certificate holder transition. The releasing CMO maintains oversight responsibility and remains fully staffed during the transfer to ensure no lapses of responsibility. Some of the procedures in place to ensure a comprehensive process include a revision and update of the certificate holder’s transfer plan, an evaluation of all risk indicators, updates to the Certificate Holder Assessment Tool, and documentation of any new risk associated with the transfer.

Risk indicators associated with a certificate are documented in the SAS.

When there are changes to personnel [Aviation Safety Inspectors (ASIs) and other non-ASI personnel] within the same CMO, it is the CMO manager’s responsibility to strategize about how to train incoming personnel and manage the reassignment of responsibilities to the best extent, based on guidance provided in FAA Order 3140.20C, Flight Standards Service National Training Program, published on February 5, 2018, which is available at the following website: https://fsims.faa.gov/wdocs/orders/3140_20.pdf.

All ASIs have a training curriculum assigned when hired into the position, including multiple SAS courses. For example, Foundations of Risk-Based Decision Making (RBDM) (Course ID 27100310) encompasses the risk assessment protocols. This web-based training course informs personnel who directly and indirectly support certificate oversight responsibilities, foundational theoretical concepts of RBDM, and how data management supports all RBDM initiatives.

I believe that the FAA has effectively addressed Safety Recommendation A-21-50 and consider our actions complete.

January 25, 2022 · Recipient Response · FAA

-From Steve Dickson, Administrator: The FAA is reviewing current policies and coordinating with internal and external stakeholders to assess changes needed to adopt this recommendation.

November 18, 2021 · NTSB Correspondence · FAA

The attached letter from the NTSB Chairman provides information about the NTSB’s November 2, 2021, report Runway Overrun During Landing, Peninsula Aviation Services Inc. d.b.a. PenAir Flight 3296, Saab 2000, N686PA, Unalaska, Alaska, October 17, 2019, NTSB/AAR 21/05. The details of this accident investigation and the resulting safety recommendations may be found in the attached report, which can also be accessed at http://www.ntsb.gov.

The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate a response within 90 days of the date of this letter, detailing the actions you have taken or intend to take to implement these recommendations. When replying, please refer to the safety recommendations by number (for example, A-21-46 through -51). We encourage you to submit your response to ExecutiveSecretariat@ntsb.gov. If your reply exceeds 20 megabytes, including attachments, please e mail us at the same address for instructions on how to send larger documents. Please do not submit both an electronic copy and a hard copy of the same response.

This letter provides information about the National Transportation Safety Board’s (NTSB) November 2, 2021, report Runway Overrun During Landing, Peninsula Aviation Services Inc. d.b.a. PenAir Flight 3296, Saab 2000, N686PA, Unalaska, Alaska, October 17, 2019, NTSB/AAR-21/05. The details of this investigation and the resulting safety recommendations may be found in the attached report, which can also be accessed at http://www.ntsb.gov/.

As a result of this investigation, we identified the following safety issues:

• Potential for cross-wiring of airplane antiskid brake systems • Insufficient Federal Aviation Administration (FAA) guidance to identify safety risks for air carriers experiencing significant organizational changes, including bankruptcy, acquisition, and merger • Lack of FAA consideration of runway safety area dimensions during the process of authorizing an air carrier to operate its aircraft at a specific Title 14 Code of Federal Regulations Part 139-certificated airport • Safety management systems for organizations that design, manufacture, and maintain aircraft.

Accordingly, the NTSB makes the following safety recommendations to the FAA. Additional information regarding these recommendations can be found in the noted sections of the report.

• Identify all currently certificated transport-category airplanes for which system safety assessments for landing gear systems did not consider human error that could lead to cross-wiring of antiskid brake system components, including the wheel speed transducers, and require manufacturers of transport-category airplanes without such assessments to perform the assessments and then implement mitigations to prevent cross-wiring of antiskid brake system components. (A-21-46) (See section 2.3.4.1.)

• Require the submission and consideration of system safety assessments addressing the landing gear antiskid system for the certification of future transport-category airplane designs. The certification should ensure that the system safety assessments are consistent with the intent of Advisory Circular 25.1309, System Design and Analysis, and that the assessments evaluate and mitigate the potential for human error that can lead to a cross wiring error. (A 21-47) (See section 2.3.4.1.)

• Require organizations that design, manufacture, and maintain aircraft to establish a safety management system. (A-21-48) (See section 2.3.4.2.)

• Notify principal operations inspectors and frontline managers about the circumstances of this accident and emphasize the importance of existing Federal Aviation Administration guidance for detecting and mitigating the safety risks that can result when certificate holders experience significant organizational change, such as high personnel turnover, a reduction to route structures or flight schedules, bankruptcy, acquisition, and merger. (A-21-49) (See section 2.5.1.)

• Revise Order 8900.1, Flight Standards Information Management System, to include a formalized transition procedure to be used during a changeover of certificate management team personnel responsible for overseeing a certificate holder that is undergoing significant organizational change (for a reason described in volume 6, chapter 2, section 18 of the order) to ensure that incoming personnel are fully aware of potential safety risks. (A-21-50) (See section 2.5.1.)

• Include the runway design code for runways of intended use among the criteria assessed when authorizing a scheduled air carrier to operate its airplanes on a regular basis at an airport certificated under Title 14 Code of Federal Regulations Part 139. (A-21-51) (See section 2.5.2.)

The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate a response within 90 days of the date of this letter, detailing the actions you have taken or intend to take to implement these recommendations. When replying, please refer to the safety recommendations by number (Safety Recommendations A-21-46 through -51). We encourage you to submit your response to ExecutiveSecretariat@ntsb.gov. If your reply, including attachments, exceeds 20 megabytes, please e-mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response.