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NTSB · Safety Recommendation

Safety Recommendation A-98-077

Recommendation

THE NTSB RECOMMENDS THAT THE FAA: REQUIRE ALL CERTIFICATED AIRPORTS TO COORDINATE WITH APPROPRIATE FIRE DEPARTMENTS, ALL STATE AND LOCAL AGENCIES THAT MIGHT BECOME INVOLVED IN RESPONDING TO AN AVIATION ACCIDENT INVOLVING HAZARDOUS MATERIALS, TO DEVELOP AND IMPLEMENT A HAZARDOUS MATERIALS RESPONSE PLAN FOR THE AIRPORT THAT SPECIFIES THE RESPONSIBILITY OF EACH PARTICIPATING LOCAL REGIONAL, AND STATE AGENCY, AND ADDRESSES THE DISSEMINATION OF INFO ABOUT THE HAZARDOUS MATERIAL INVOLVED. SUCH PLANS SHOULD TAKE INTO CONSIDERATION THE TYPES OF HAZARDOUS MATERIALS INCIDENT THAT COULD OCCUR AT THE AIRPORT BASED ON THE POTENTIAL TYPES AND SOURCES OF HAZARDOUS MATERIALS PASSING THROUGH THE AIRPORT.

AIRPORTS SHOULD ALSO BE REQUIRED TO COORDINATE THE SCHEDULING OF JOINT EXERCISES TO TEST THESE HAZARDOUS MATERIALS EMERGENCY PLANS.

Safety Issue and Context

ABOUT 0554 EASTERN DAYLIGHT TIME, ON 9/5/96, A DOUGLAS DC-10-10CF, N68055, OPERATED BY THE FEDERAL EXPRESS CORPORATION (FEDEX) AT FLIGHT 1406, MADE AN EMERGENCY LANDING AT STEWART INTERNATIONAL AIRPORT, NEWBURGH, NEW YORK, AFTER THE FLIGHTCREW DETERMINED THAT THERE WAS SMOKE IN THE CABIN CARGO COMPARTMENT. THE FLIGHT WAS OPERATING UNDER THE PROVISIONS OF TITLE 14 CODE OF FEDERAL REGULATIONS (CFR) PART 121 AS A CARGO FLIGHT FROM MEMPHIS, TENNESSEE, TO BOSTON, MASSACHUSETTS. THREE CREWMEMBERS AND TWO NONREVENUE PASSENGERS WERE ABOARD THE AIRPLANE. THE CAPTAIN AND FLIGHT ENGINEER SUSTAINED MINOR INJURIES WHILE EVACUATING THE AIRPLANE. THE AIRPLANE WAS DESTROYED BY FIRE AFTER THE LANDING.

Response History

May 5, 2004 · NTSB Correspondence · FAA

The Safety Board notes that Part 139 Section 325, "Airport Emergency Plan," now includes specific requirements regarding hazardous materials incident response. Additionally, the Board notes that Advisory Circular 150/5200-31A, Airport Emergency Plan, also provides a section on planning factors for such an incident, including the cross-agency coordination outlined in the recommendation. Although the FAA agreed with the Board that triennial full-scale emergency exercises are beneficial, the FAA did not believe they were cost-effective for smaller airports.

In the Stewart International Airport fire, although each agency had conducted individual drills, no joint exercise had been conducted, and the responders had significant difficulty working with the other agencies. The Board continues to believe that joint exercises are needed to test emergency plans. However, the Board is pleased that hazardous materials incident planning is required in Part 139-certificated airport emergency plans. Accordingly, Safety Recommendation A-98-77 is classified "Closed--Acceptable Action."

February 9, 2004 · Recipient Response · FAA

Section 139.325 Airport Emergency Plan and Advisory Circular 150/5200-31A Airport Emergency Plan provide the requirement to develop and coordinate hazardous materials response plans at all levels.

On page 58 of the final rule published on 2/9/04 were the following comments: Comment: Four commenters request that all certificate holders be required to hold triennial full-scale emergency exercises. One of these commenters, the American Association of Airport Executives, states that ``an emergency plan exercise every 36-months is a reasonable expectation in the testing of an airport emergency plan.'' Another commenter suggests that the FAA require Class II, III, and IV airports to conduct full-scale emergency exercises every 5 years and tabletop reviews every 2 years. This commenter states that annual reviews alone cannot satisfy emergency coordination and response.

FAA Response: The FAA agrees that triennial full-scale emergency exercises are beneficial, but disagrees that all certificate holders should be required to hold such exercises. The cost of such exercises for smaller airports and the local community that participate in these exercises must be considered in evaluating the benefit.

Read Recommendation

Recommendation Facts

Status
Closed - Acceptable Action
Issued
August 12, 1998
Priority
CLASS II
Recipient
FAA
Adopted
July 21, 1998
Closed
May 5, 2004
Related Investigation
DCA96MA079
Related Report
AAR-98-03
November 14, 2000 · NTSB Correspondence · FAA

THE BOARD FOUND THAT THE AC PROVIDES EXCELLENT AND DETAILED GUIDANCE FOR DEVELOPING AN EMERGENCY RESPONSE PLAN FOR A HAZARDOUS MATERIALS INCIDENT/ACCIDENT. THE NPRM ALSO PROPOSES TO ADDRESS THE PETITION FOR RULEMAKING FROM THE AIR TRANSPORT ASSOCIATION TO REQUIRE THAT ALL AIRCRAFT RESCUE AND FIREFIGHTING VEHICLES CARRY THE NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK OR AN EQUIVALENT. THE SAFETY BOARD IS CURRENTLY REVIEWING THE NPRM AND WILL SEPARATELY SUBMIT ITS COMMENTS TO THE FAA AT A LATER DATE. PENDING ISSUANCE OF THE FINAL RULE IMPLEMENTING ADVISORY CIRCULAR 150/5200-31, A-98-77 REMAINS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

October 27, 2000 · NTSB Correspondence · FAA

Notation 7296: The National Transportation Safety Board has reviewed the Federal Aviation Administration’s (FAA) Notice of Proposed Rulemaking (NPRM), “14 CFR Parts 121 and 139 Certification of Airports: Proposed Rule,” which was published in 65 Federal Register 38636 on June 21, 2000. The notice proposes to revise the current airport certification regulation and to establish four airport classes that would expand certification requirements to include airports serving scheduled air carrier operations aircraft with 10 to 30 seats. In addition, changes are proposed to address Safety Board recommendations and petitions for exemptions and rulemaking.

A section of an air carrier operation regulation also would be amended to conform with proposed changes to airport certification requirements. According to the NPRM, the FAA believes that these proposed revisions are necessary to ensure safety in air transportation and to provide a comparable level of safety at all certificated airports.

The Safety Board notes that the proposed revisions are the result of the Federal Aviation Administration Reauthorization Act of 1996, which broadened the FAA’s statutory authority to allow it to certificate airports that serve any scheduled passenger air carrier operating aircraft designed for more than 9 passenger seats but fewer than 31 passenger seats.

The 1996 amendment was in response to Safety Recommendation A-94-203, which was issued following a safety study on commuter airline safety and recommended that the FAA enhance the level of safety at airports served by commuter airlines by seeking legislative action within 6 months to include in the Airport Certification Program all airports served by air carriers that provide scheduled passenger service.

The Board also issued Safety Recommendation A-94-204, which asked the FAA to enhance the level of safety at airports served by commuter airlines by revising and expanding 14 Code of Federal Regulations 135, following enactment of the legislative action described in Safety Recommendation A-94-203, to permit scheduled passenger operation only at airports certificated under the standards contained in Part 139, “Certification and Operations: Land Airports Serving Certain Air Carriers.”

The Safety Board generally supports the FAA’s proposal and believes that the NPRM, if promulgated, will enhance the level of safety at airports served by commuter airlines. Comments regarding particular revisions are presented below.

Aircraft Rescue and Firefighting Protection at Airports Serving Commuter Airlines Following the runway collision accident involving a United Express Beech 1900 and a King Air B90 at Quincy, Illinois, on November 19, 1996, the Safety Board issued Safety Recommendation A 97 107, which asked the FAA to develop ways to fund airports that are served by scheduled passenger operations on aircraft having 10 or more passenger seats and require these airports to ensure that aircraft rescue and fire fighting (ARFF) units with trained personnel are available during commuter flight operations and are capable of timely response.

Safety Recommendation A-97-107 is currently classified “Open—Acceptable Response.” The Safety Board continues to believe that commuter airline passengers are entitled to one level of safety and supports the proposed revisions to Sections 139.317 and 139.319, which would require ARFF protection for scheduled air carrier aircraft with 10 seats or more.

Airport Emergency Planning and Hazardous Materials/Dangerous Goods Emergency Response

As a result of the accident involving Federal Express flight 1406 at Newburgh, New York, on September 5, 1996, the Safety Board issued Safety Recommendation A-98-77, which asked the FAA to require all certificated airports to coordinate with appropriate fire departments and all State and local agencies that might become involved in responding to an aviation accident involving hazardous materials to develop and implement a hazardous materials response plan for the airport that specifies the responsibility of each participating local, regional, and State agency and addresses the dissemination of information about the hazardous materials involved.

Such plans should take into consideration the types of hazardous materials incidents that could occur at the airport based on the potential types and sources of hazardous materials passing through the airport. Airports should also be required to coordinate the scheduling of joint exercises to test emergency responses to hazardous materials incidents. Safety Recommendation A-98-77 is currently classified “Open—Acceptable Response.” The Board supports the addition of hazardous materials/dangerous goods incidents in proposed Section 139.327, “Airport Emergency Plan,” and looks forward to the final rule’s issuance.

The Safety Board notes that proposed paragraph 139.327(h) would require that each holder of a Class I airport operating certificate conduct a full-scale airport emergency plan exercise at least once every 36 calendar months. The Board supports this proposed requirement and believes that Class II and Class III airports should also be included because airports in both of these classes would be served by scheduled commuter air carriers.

The Safety Board appreciates the opportunity to comment on this proposed rule.

July 6, 2000 · Recipient Response · FAA

Letter Mail Controlled 07/12/2000 9:42:37 AM MC# 2000876 ON 6/2/00, THE FAA ISSUED A NOTICE OF PROPOSED RULEMAKING (NPRM) PROPOSING TO AMEND 14 CFR PART 139 TO INCLUDE HAZARDOUS MATERIAL INCIDENTS AS ONE TYPE OF EMERGENCY THAT MUST BE ADDRESSED IN THE EMERGENCY PLAN. THE NPRM ALSO PROPOSES TO ADDRESS THE PETITION FOR RULEMAKING FROM THE AIR TRANSPORT ASSOCIATION TO REQUIRE THAT ALL AIRCRAFT RESCUE AND FIREFIGHTING VEHICLES CARRY THE NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK OR AN EQUIVALENT. I HAVE ENCLOSED A COPY OF THE NPRM FOR THE BOARD'S INFORMATION. I WILL PROVIDE THE BOARD WITH A COPY OF THE FINAL RULE AS SOON AS IT IS ISSUED.

June 1, 2000 · NTSB Correspondence · FAA

THE FAA'S ACTIONS ARE RESPONSIVE TO THIS RECOMMENDATION. PENDING ISSUANCE OF THE FINAL RULE, A-98-77 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

April 12, 2000 · Recipient Response · FAA

Letter Mail Controlled 04/19/2000 1:01:07 PM MC# 2000555 THE FAA IS CONTINUING ITS EFFORTS TO ISSUE A NOTICE OF PROPOSED RULEMAKING (NPRM) PROPOSING TO AMEND 14 CFR PART 139 TO INCLUDE HAZARDOUS MATERIAL INCIDENTS AS ONE TYPE OF EMERGENCY THAT MUST BE ADDRESSED IN THE EMERGENCY PLAN. THE NPRM WILL PROPOSE TO ADDRESS THE PETITION FOR RULEMAKING FROM THE AIR TRANSPORT ASSOCIATION TO REQUIRE THAT ALL AIRCRAFT RESCUE AND FIREFIGHTING VEHICLES CARRY THE NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK OR AN EQUIVALENT. IT IS ANTICIPATED THAT THE NPRM WILL BE PUBLISHED IN THE FEDERAL REGISTER FOR COMMENT IN LATE SPRING 2000.

IN ADDITION, THE FAA HAS REVISED ADVISORY CIRCULAR 150/5200-31, AIRPORT EMERGENCY PLAN, TO PROVIDE GUIDANCE TO AIRPORT OPERATORS ON DEVELOPING AND IMPLEMENTING AN AIRPORT EMERGENCY PLAN. CHAPTER 7, SECTION 5, INCLUDES GUIDANCE ON ADDRESSING HAZARDOUS MATERIALS INCIDENTS. I HAVE ENCLOSED A COPY OF THE ADVISORY CIRCULAR FOR THE BOARD'S INFORMATION. I WILL PROVIDE THE BOARD WITH A COPY OF THE NPRM AS SOON AS IT IS ISSUED.

April 22, 1999 · NTSB Correspondence · FAA

A-98-77 ASKED THE FAA TO REQUIRE ALL CERTIFICATED AIRPORTS TO COORDINATE WITH APPROPRIATE FIRE DEPARTMENTS AND ALL STATE AND LOCAL AGENCIES THAT MIGHT BECOME INVOLVED IN RESPONDING TO AN AVIATION ACCIDENT INVOLVING HAZARDOUS MATERIALS TO DEVELOP AND IMPLEMENT A HAZARDOUS MATERIALS RESPONSE PLAN FOR THE AIRPORT THAT SPECIFIES THE RESPONSIBILITY OF EACH PARTICIPATING LOCAL, REGIONAL, AND STATE AGENCY, AND ADDRESSES THE DISSEMINATION OF INFORMATION ABOUT THE HAZARDOUS MATERIALS INVOLVED.

SUCH PLANS SHOULD TAKE INTO CONSIDERATION THE TYPES OF HAZARDOUS MATERIALS INCIDENTS THAT COULD OCCUR AT THE AIRPORT BASED ON THE POTENTIAL TYPES AND SOURCES OF HAZARDOUS MATERIALS PASSING THROUGH THE AIRPORT. AIRPORTS SHOULD ALSO BE REQUIRED TO COORDINATE THE SCHEDULING OF JOINT EXERCISES TO TEST THESE HAZARDOUS MATERIALS EMERGENCY PLANS. BECAUSE OF THE FAA'S ONGOING ACTIONS TO ENHANCE THE MANNER IN WHICH AIRPORTS RESPOND TO HAZARDOUS MATERIALS INCIDENTS AND ACCIDENTS, A-98-77 IS CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

October 27, 1998 · Recipient Response · FAA

Letter Mail Controlled 11/2/98 5:28:03 PM MC# 981312 CERTIFICATED AIRPORTS ARE REQUIRED UNDER 14 CFR 139.325 TO DEVELOP AND MAINTAIN AN AIRPORT EMERGENCY PLAN. THE REGULATION LISTS EIGHT DIFFERENT TYPES OF EMERGENCIES THAT MUST BE ADDRESSED IN THE PLAN. AS PART OF AN ONGOING RULEMAKING PROJECT, THE FAA IS REVIEWING THIS SECTION AND IS CONSIDERING INCLUDING HAZARDOUS MATERIAL INCIDENTS AS ONE OF THE TYPES OF EMERGENCIES THAT MUST BE ADDRESSED IN THE EMERGENCY PLAN. THE FAA IS ALSO REVIEWING A PETITION FOR RULEMAKING FROM THE AIR TRANSPORT ASSOCIATION TO REQUIRE THAT ALL AIRCRAFT RESCUE AND FIREFIGHTING VEHICLES CARRY THE NORTH AMERICAN EMERGENCY RESPONSE GUIDEBOOK OR AN EQUIVALENT.

THIS BOOK CONTAINS INFORMATION THAT WILL ALLOW RESPONDERS TO THE EMERGENCY TO IDENTIFY HAZARDOUS MATERIALS THAT MAY BE INVOLVED IN AN ACCIDENT. THE FAA IS ALSO UPDATING ITS GUIDANCE ON AIRPORT EMERGENCY PLANS CONTAINED IN ADVISORY CIRCULAR (AC) 150/S200-31, AIRPORT EMERGENCY PLAN. THE FAA HAS ALREADY INCLUDED INFORMATION ON HOW TO ADDRESS HAZARDOUS MATERIAL INCIDENTS IN THE AC. IN ADDITION, MOST COMMUNITIES HAVE BEEN ENCOURAGED TO UPDATE THEIR DISASTER PLANS BY THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION. AIRPORT EMERGENCY PLANS ARE COORDINATED WITH THE COMMUNITY PLANS.

THE FAA ENCOURAGES AIRPORT OWNERS AND OPERATORS TO INCLUDE HAZARDOUS MATERIAL SCENARIOS IN THEIR TRIENNIAL DISASTER EXERCISES.