Skip to Main Content
FlightPushFLIGHTPUSH
NTSB Safety Recommendations

Learn

Dashboard My Courses Mastery Map Practice Flight Bag

Resources

CFR & AIM FAA Orders Handbooks & Guides Certification Standards Pilot/Controller Glossary Advisory Circulars Legal Interpretations
Safety Center
Articles Trust Center
Help Center FAQ Status
  1. Safety Center
  2. NTSB Safety Recommendations
  3. NTSB A-94-106
Loading
flightpush.co home

NTSB · Safety Recommendation

Safety Recommendation A-94-106

Recommendation

TO THE FEDERAL AVIATION ADMINISTRATION: Expedite the review and upgrade of flight/duty time limitations of the Federal Aviation Regulations to ensure that they incorporate the results of the latest research on fatigue and sleep issues. (Superseded by A-95-110 through -113)

Safety Issue and Context

On august 18, 1993, at 1656 eastern daylight time (EDT), a Douglas DC-8-61 freighter, N814CK, registered to American International Airways (AIA), in., d/b/a Connine Kalitta Services, Inc., and operating as AIA flight 808, collided with level terrain approximately 1/4 mile from the approach end of runway 10, after the captain lost control of the airplane while approaching the Leeward Point Airfield at the U.S. Naval Air Station, Guantanamo Bay, Cuba. The airplane was destroyed by impact forces and postaccident fire, and the three flight crewmembers sustained serious injuries. Visual meteorological conditions prevailed, and an instrument flight rules (IFR) flight plan had been filed.

The flight was conducted under 14 code of federal regulations (CFR), part 121, supplemental air carriers, as an international, nonscheduled, military contract flight.

Response History

June 19, 1996 · NTSB Correspondence · FAA

Notation 6694: Attention: Rules Docket (AGe-200), Docket No. 28081 The National Transportation Safety Board has reviewed your Notice of Proposed Rulemaking (NPRM), "Flight Crewmember Duty Period Limitations, Flight Time Limitations and Rest Requirements," which was published in 60 FR 244 on December 20, 1995. The notice proposes to modify the rules governing mandatory rest periods and maximum flight and duty times for pilots and flight engineers conducting air transport flights under the provisions of Title 14 Code of Federal Regulations (CFR) Parts 121 and 135.

Background On May 10, 1994, the Safety Board met to consider the draft report of the accident that occurred on August 18, 1993, involving a DC-8-61 operated by American International Airways that crashed during an attempted landing at the U.S. Naval Air Station in Guantanamo Bay, Cuba. The Safety Board determined that fatigue among the flightcrew members impaired their judgment and their decisionmaking and flying abilities, and that thoese impairments led to the mishandling of the approach and attempted landing.

In addition, the Safety Board determined that, among oilier factors, "the inadequacy of the flight and duty time regulations applied to 14 CFR, Part 121, Supplemental Air Carrier, international operations... contributed to the accident.

The Safety Board, at that meeting, addressed the current flight and duty time rules, their role in this accident, and how deficiencies in the rules could allow additional fatigue-related accidents to occur. The Safety Board identified the need for a complete revision of the FAA's flight and duty time regulations, Dr. John Lauber, then a member of the Safety Board, said the following at that meeting: “I think we have a basis here for just throwing the whole problem out on the table.

The regulations, as they exist, do not reflect our current state of understanding, scientific understanding, of the effects on human performance of fatigue and circadian problems and related kinds of things, they simply don't. I think the time has come for the FAA to recognize that they're never going to be able to get consensus among the user community because every time you make a ruling on these issues that has enormous economic consequences, and you get involved in labor management issues and everything else.

November 14, 1995 · NTSB Correspondence · FAA

(GREENSHEET) BECAUSE OF THE FATIGUE ISSUES UNCOVERED IN THIS & OTHER ACCIDENTS, THE BOARD BELIEVES THAT IT IS CRITICAL FOR THE FAA TO EXPEDITE THE FINALIZATION OF THE REVIEW OF CURRENT FLIGHT & DUTY TIME REGULATIONS & TO REVISE THE REGULATIONS, AS NECESSARY, WITHIN 1 YEAR TO ENSURE THAT FLIGHT & DUTY TIME LIMITATIONS TAKE INTO CONSIDERATION RESEARCH FINDINGS IN FATIGUE & SLEEP ISSUES. FURTHER, THE NEW REGULATIONS SHOULD PROHIBIT AIR CARRIERS FROM ASSIGNING FLIGHTCREWS TO FLIGHTS CONDUCTED UNDER 14 CFR PART 91 UNLESS THE FLIGHTCREWS MEET THE FLIGHT & DUTY TIME LIMITATIONS OF 14 CFR PART 121 OR OTHER APPROPRIATE REGULATIONS.

ACCORDINGLY, THE BOARD IS CLASSIFYING A-94-105 & -106 "CLOSED--ACCEPTABLE ACTION/SUPERSEDED" & IS ISSUING NEW RECOMMENDATIONS A-95-110 THRU -113.

August 11, 1994 · NTSB Correspondence · FAA

THE BOARD NOTES THAT THE FAA MAY ISSUE A NOTICE OF PROPOSED RULEMAKING TO ADDRESS THE SUBJECT OF THE THREE RECOMMENDATIONS. AS A RESULT, THE SAFETY BOARD CLASSIFIES A-94-105 THROUGH -107 "OPEN--ACCEPTABLE RESPONSE," PENDING RULEMAKING ACTION.

July 13, 1994 · Recipient Response · FAA

THE FAA IS CONSIDERING THE ISSUANCE OF A NOTICE OF PROPOSED RULEMAKING TO ADDRESS THESE RECOMMENDATIONS.

Read Recommendation

Recommendation Facts

Status
Closed - Acceptable Action/Superseded
Issued
May 18, 1994
Priority
CLASS II
Recipient
FAA
Adopted
May 10, 1994
Closed
November 14, 1995
Related Investigation
DCA93RA060
Related Report
AAR-94-04

The FAA at some point is going to have to recognize that it has the authority to impose a set of regulations that wi1l apply to everyone in a meaningful and rational fashion, that will take into account the productivity and economic issues adequately, and yet at the same time reflect what we know about human performance and these effects. I think it would be helpful to them in taking that stance if the Safety Board were to take and make that position... not only to review the flight and duty time regulations as it applies to supplemental air carriers and fix up that problem, but. , . to fix the underlying problem.

The time has come... to include all [flightcrew member flight and duty time] regulations in a revision [of the applicable rules].

The Safety Board then voted unanimously to issue two recommendations that urged the FAA to do the following: Revise the applicable subpart of 14 CFR, Part 121, to require that flight time accumulated in noncommercial "tail end" ferry flights conducted under 14 CFR, Part 91, as a result of 14 CFR, Part 121, revenue flights, be included in the flight crewmember's total flight and duty time accrued during those revenue operations. (A-94-105) Expedite the review and upgrade of Flight/Duty Time Limitations of the Federal Aviation Regulations to ensure that they incorporate the results of the latest research on fatigue and sleep issues. (A-94-106)

In this NPRM, the FAA has, in part, addressed the Board's concerns expressed in the meeting of May 10, 1994, and in the referenced recommendations. Comments on the NPRM-Favorable

The Safety Board believes that many of the proposed rules will enhance flight safety and should be implemented. Among these arc the FAA's proposals to do the following: • Eliminate the ability of carriers to schedule f1ightcrew member duty during scheduled rest periods; • Include standby reserve time, deadheading time, and all duties performed for the airline as duty time in the determination of flight and duty time requirements; • Include ferry, instructional, maintenance, check, and other flights in the determination of flight and duty time requirements;

• Mandate minimum daily rest periods of at least 10 consecutive hours, and 36 consecutive hours of rest within 7 consecutive calendar days of duty, for f1ighterew members and flight engineers; • Establish explicit standards for approving on-board f1ighterew rest areas; • Permit extensions of daily flight and duty intervals to periods of no more that 2 hours and only for operational reasons beyond u1e control of the airline; and • Limit duty periods for crewmembers on reserve assignments depending on the amount of advance notification of reporting time.

The Safety Board believes that these proposed changes will enhance safety by removing several potential sources of fatigue from the flight and duty rules. In addition, the changes will also substantially clarify existing flight and duty rules and regulations so that operators and pilots can more easily understand, implement, and adhere to them. The proposed rules provide a common framework for flight and duty time limitations for all air transport operations regardless of the type of flight.

They place air carrier flights conducted under 14 CFR Part 91, including training and inspection flights, within the overall flying limits required of 14 CFR Parts 121 and 135, and nonflying duties performed for an airline, such as ground school, baggage handling, etc., within the overall duty limits. These changes considerably expand the protection that the rules provide to flightcrew members from excessive and potentially fatiguing flight and duty periods.

More important, the proposed rules address a critical finding of human sleep research—that most people need about 8 hours of sleep per day--by establishing a minimum rest requirement of 10 consecutive hours, with some exceptions. These exceptions allow reduced rest time of no more than 1 hour, and only under explicit conditions that are beyond the operator's control. The scheduling of flightcrews for a reduced rest period would be prohibited. Thus, even allowing for transportation to and from airports check-in delays at hotels, etc., the proposed rules establish a minimum daily rest that is consistent with the results of sleep research.

Comments on the NPRM-Not Favorable Although the Safety Board believes that the enactment of most of the provisions of the NPRM will enhance flight safety, it believes that several important requirements are absent from the proposed rule. In addition, the Safety Board believes that several provisions of the rules may not be necessary. The requirements that are absent from the proposed rules include the following: • Effective mechanisms to address flight operations during the circadian night and the circadian trough; and • Recognition of the fatiguing aspects of multiple takeoffs and landings.

Researchers have demonstrated that the circadian rhythms that influence many physiological and psychophysiological functions occur with remarkable consistency, and that these effects most adversely affect human performance between the hours of 0200 and 0500. Researchers have shown that human performance is often degraded during this period, which is referred to as the "circadian trough." It is not uncommon among pilots who have crossed multiple time zones and have not yet adapted to the local time zones. or who are simply working during what would otherwise be their normal resting times. to be flying during the circadian trough. Because pilots routinely fly within hours after completing