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NTSB · Safety Recommendation

Safety Recommendation A-21-054

Recommendation

TO THE EUROPEAN UNION AVIATION SAFETY AGENCY: Require organizations that design, manufacture, and maintain aircraft to establish a safety management system.

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

October 31, 2022 · NTSB Correspondence · European Aviation Safety Agency

We note that, on November 12, 2021, you adopted changes to Regulation European Union (EU) 2021/1963, which become effective on December 2, 2022, and will require organizations that maintain aircraft under Part 145 to establish an SMS. We also note that you have published proposed amendments to Regulation EU 748/2012 that, once finalized, would require organizations that design and manufacture aircraft to establish an SMS.

We believe your actions thus far to adopt the rule requiring an SMS for Part 145 operators and to propose a rule requiring an SMS for Part 21 operators are responsive to Safety Recommendation A-21-54. Pending the adoption of the SMS rule for Part 21 operators, Safety Recommendation A-21-54 is classified OPEN--ACCEPTABLE REPONSE.

February 15, 2022 · Recipient Response · European Aviation Safety Agency

-From Erick Ferrandez, Head of Safety Intelligence and Performance Department: EASA agrees with the recommendation and has started a rulemaking activity. Rulemaking Task (RMT) RMT.0251 phase II was launched to introduce safety management system (SMS) into Part 145 and Part 21

Read Recommendation

Recommendation Facts

Status
Open - Initial Response Received
Issued
November 18, 2021
Priority
CLASS II
Recipient
European Aviation Safety Agency
Adopted
November 2, 2021
Related Investigation
DCA20MA002
Related Report
AAR-21-05
.

For organizations that maintain aircraft: In the case of Part-145, Official Journal of the EU published on 12 November 2021 the Regulation (EU) 2021/1963 which introduces SMS in Part-145. It can be consulted at https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32021R1963&from=EN The key dates for Part-145 SMS implementation are as follows: •Entry into force: 2 December 2021 •Applicability date: 2 December 2022 •Closure of findings on novelties by: 2 December 2024 Related Acceptable Means of Compliance and Guidance Material (AMC/GM) are currently under final consultation by the Focus Consultation Group that was involved in the RMT. The publication is foreseen in Q1/2022

For organizations that design and manufacture aircraft: This RMT is in an advanced phase, and the related Opinion was addressed to the European Commission in December 2020. The legislative process is about to be completed and the text amending Part 21 with introduction of SMS requirements for approved production and design organisation is expected to be published in Q1/Q2 2022.

December 2, 2021 · Recipient Response · European Aviation Safety Agency

-From Joanna Vogel, Administrative Assistant, ED Office, EASA: We acknowledge receipt of your email.

The letters have been registered and dispatched to the concerned services.

November 18, 2021 · NTSB Correspondence · European Aviation Safety Agency

The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. We determine the probable cause of the accidents and issue safety recommendations aimed at preventing future accidents. In addition, we carry out special studies concerning transportation safety and coordinate the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters.

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 recommendation may be found in the attached report, which can also be accessed at http://www.ntsb.gov. For more information about NTSB and our recommendation process, please see the attached one-page summary.

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 recommendation by number (for example, A-21-52 through 54). 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.

All communications regarding safety recommendations will be stored by the NTSB and viewable by the public. Please do not send privileged or confidential communications in response to this recommendation. Responses marked as confidential or privileged (or similar designations) will be considered nonresponsive. If you have concerns about this protocol, please contact us at ExecutiveSecretariat@ntsb.gov.

The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. We determine the probable cause of the accidents and issue safety recommendations aimed at preventing future accidents. In addition, we carry out special studies concerning transportation safety and coordinate the resources of the federal government and other organizations to assist victims and their family members affected by major transportation disasters.

We are providing the following information to urge the European Union Aviation Safety Agency to act on the safety recommendations in this letter because we believe your organization can help reduce the risk of future accidents. For more information about the NTSB and our recommendation process, please see the attached one-page summary.

This letter also includes information about our 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 • Safety management systems for organizations that design, manufacture, and maintain aircraft

Accordingly, the NTSB makes the following safety recommendations to the European Union Aviation Safety Agency. 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-21-52) (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 Acceptable Means of Compliance 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 21-53) (See section 2.3.4.1.)

• Require organizations that design, manufacture, and maintain aircraft to establish a safety management system. (A-21-54) (See section 2.3.4.2.)

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-21-52 through -54). 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.

All communications regarding safety recommendations are stored by the NTSB and viewable by the public. Please do not send privileged or confidential communications in response to these recommendations. Responses marked as confidential or privileged (or similar designations) will be considered nonresponsive. In the likely event that your company uses autogenerated and/or preformatted confidentiality statements on letterhead or outgoing e-mails, please include a statement in your letter indicating that the information can be publicly released. If you have concerns about this protocol, please contact us at ExecutiveSecretariat@ntsb.gov.