Safety Recommendation A-99-064

The DOI response is summarized as follows:

1.Although it has been approximately 8 years since this recommendation was issued, video recorders are still not available commercially, and the DOI is not aware of any commercial project to develop this equipment.

2.The cost and technical challenges for developing the needed supplemental type certificates (STCs) for video recorder equipment not commercially available for the variety of owned and contracted aircraft used by the DOI is an unreasonable requirement for a primary user such as the DOI. It is more appropriately the task of a commercial outfit supplying this equipment or an aviation research organization.

3.Because of the close weight restrictions in many DOI operations, installation of this equipment may have a significant and adverse impact on the ability of the modified aircraft to fulfill their missions.

The Safety Board points out that this recommendation was restricted to turbine-powered aircraft, which are typically higher performance and for which the added weight would not be likely to interfere with the aircraft’s ability to fulfill its missions. Although there are no commercially available video recorder systems, the Board notes that both Bell Helicopters and Eurocopter USA designed data recorders for their aircraft. In addition, there are commercially available strap-on flight data recorders that comply with applicable FAA TSO standards. These recorders are self-contained and require nothing more than power from the host aircraft.

The Board is disappointed that the DOI did not explore these low-cost alternatives to meet the intent of this recommendation; consequently, Safety Recommendation A-99-64 is classified CLOSED—UNACCEPTABLE ACTION.

Letter Mail Controlled 2/8/2008 11:44:06 AM MC# 2080054: Mark Bathrick, Associate Director, Aviation Management, NBC, 1/29/08 The FAA published Technical Standard Order (TSO) C-176, Aircraft Cockpit Image Recorder Systems on 07/28/2006, which identifies the minimum performance standard that cockpit image recorders (CIRs) must meet for approval and identification with the applicable TSO marking. However, research conducted by NBC-AMD’s Technical Services Division has been unable to locate any source for commercially available and approved CIRs.

We are also not aware of any CIR with an approved Supplement Type Certificate (STC) that would enable approved installation of that equipment in any aircraft that DOI owns or operates. DOI currently owns and operates a fleet of 100 aircraft that consists of 20 different makes and models. Our fleet generally consists of light, general aviation aircraft; both side-by-side and tandem seating configurations with dual controls; seating capacities from two to six occupants; 90% single engine with gross weights of less than 4,500 lbs; and most are not configured for IFR operations. The composition of the fleet, coupled with mission requirements limits available weight and space.

As a result of aircraft weight limitations and performance, and the critical nature of our aircraft useful loads, the addition of a CIR estimated to weigh approximately 30 lbs. would in some cases exceed the available discretionary payload. This could result in the aircraft operating above approved maximum gross weight or necessitate the removal of mission essential and/or survival/emergency gear. Based on actual costs of a previously installed cockpit voice recorder in one DOI fleet aircraft, procurement and installation costs for STC approved CIRs in all 100 DOI fleet aircraft is estimated at $2,833,100 ($28331 per copy).

Additional costs to install STC approved CIRs in DOI Aircraft Rental Agreement (ARA) and Call When Needed (CWN) vendor aircraft is estimated at $55,443,767 (1,957 total units at $28,331 per copy). As CIRs are not currently required by the FAA, the cost for the development of STCs for the dozens of different aircraft makes and models that comprise the DOI aircraft fleet and vendor procured aircraft would be borne by DOI. Additional costs to develop the required STCs could potentially double the total cost to outfit all aircraft used by DOI to $100M.

This is equivalent to 85% of the Department’s entire FY 07 flight hour program cost and would cripple DOI’s ability to fund future aviation missions in support of our resource responsibilities. DOI is only one of many Federal and State agencies within the

The Safety Board notes that on July 28, 2006, the FAA issued TSO C176, Aircraft Cockpit Image Recorder Systems. On November 6, 2000, the DOI had indicated to the Board its position that this recommendation will only be achieved upon compliance with a new Federal Aviation Regulation requiring all Part 135 operators to install this equipment for all operations. In its current letter, the DOI indicated that, although the FAA has developed and issued TSO C176, the DOI’s earlier position has not changed.

In a letter dated August 23, 2001, the Board indicated its concern regarding the DOI’s position to wait for FAA regulatory action and urged the DOI to (1) equip its aircraft based on the TSO and (2) require its contracted aircraft to be equipped with a TSO-approved system. Pending the DOI’s taking the recommended action, Safety Recommendation A-98-64 was classified Open Unacceptable Response.

In its current letter, the DOI stated that if it unilaterally imposes a requirement to install new equipment that is not required by the FAA, as recommended, the result will be a loss of a majority of the vendor aircraft available for contracts. Aircraft contractors in DOI programs are not guaranteed a specific number of flight hours. Thus, the DOI’s contractors are unlikely to recoup the cost of the equipment upgrades. The DOI also provided cost estimates for it to equip its vendor aircraft, but the cost is greater than the ability of the DOI to fund such a program.

This recommendation applies to both contracted flight services, and to DOI-owned aircraft. In response to Safety Recommendations A-99-67 and -68, which recommend that DOI-owned and -contracted aircraft be equipped with automatic emergency locator transmitters (ELTs) that meet the requirements of TSO C126, the DOI is installing ELTs on its own aircraft. With regard to recorders, however, the DOI only discussed the economic impossibility for its contractors, not for DOI-owned aircraft.

The Safety Board understands the DOI’s argument that if it implements a contract requirement that will force its contractors to install equipment likely to cost $3,000 to $5,000 per aircraft, most, if not all, of its contractors will simply decline to participate in the program. The Board also understands the difficulty for the DOI to pay in a single year for the installation of this equipment on all of its contractors’ aircraft. However, the Board also believes strongly in the safety benefits of installing image recorders.

Letter Mail Controlled 5/31/2007 8:22:34 AM MC# 2070236:Mark Bathrick, Associate Director, Aviation Management, NBC, 5/29/07 Although the FAA has developed TSO C 176, Aircraft Cockpit Image Recorder Systems, it is still our position that this recommendation will only be achieved as a result of mandatory compliance with a new Federal Aviation Regulation requiring all Part 135 operators to install this type of equipment for all operations.

Recommendations that that are unilaterally implemented by the Department of the Interior resulting in a requirement to install new equipment that is not required by the FAA will result in a loss of a majority of the vendor aircraft available for procurement by the Department via our Aircraft Rental Agreement (ARA) and Call-When-Needed (CWN) contracts. As has been stated previously, aircraft identified on DOI’s ARA (approximately 1865), and CWN contracts (approximately 92 aircraft) are not guaranteed a specific number of flight hours to enable vendors/owners to recoup capital investments for equipment upgrades.

Unfortunately, DOI is not in a position to either mandate the installation of this equipment or to purchase this same equipment for commercial vendors at an estimated cost (for hardware only) of approximately $5,871,000, based on a low estimate of $3,000 per unit for small aircraft, with installation costs that would vary widely... We are aware that the FAA had recommended that the issue of installing crash-protective video recording equipment be submitted to the Radio Technical Commission of Aeronautics (RTCA) Future Flight Data Collection Committee for consideration, with a ...primary focus on the appropriateness, timing, economic impact.. of the proposed data collection concepts.

Although we agree with the value and the intent of the installation of aircraft cockpit image recorder systems, the DOI is also concerned with the appropriateness and economic impact of a DOI requirement to install this equipment.

The DOI wrote to the Safety Board concerning these recommendations on November 6, 2000. The DOI indicated that while it agreed with the intent of these recommendations, it could not take the recommend actions because the Department requires vendor-contracted aircraft to comply with applicable FAA standards, particularly Part 135 of FAA regulations. Because Part 135 permits flights that do not comply with these recommendations, the DOI believed it could not take the recommended actions.

On August 23, 2001, the Board responded that although the FAA did not require the recommended actions for operations under Part 135, the DOI was free to require these actions as part of it agreements with vendors to supply air transportation services. At that time, Safety Recommendations A-99-64 through -68 were classified Open Unacceptable Response. Regarding Safety Recommendations A-99-67 and -68 in particular, the Board noted that many DOI aviation operations occur over remote, sparsely populated areas in which the faster and more accurate locating ability of a TSO C126 ELT is especially important.

Since the accident that prompted these recommendations, the Safety Board investigated the September 20, 2004, crash in Essex, Montana of a Cessna 206G that had been conducting a public use flight under contract to the United States Department of Agriculture (USDA) transporting USDA employees to a remote backcountry airstrip. After the aircraft impacted terrain, three of the occupants exited the burning wreckage. One of the three initial survivors died from his injuries the following morning. At that time, the remaining two survivors decided to depart the site for lower elevation because of the extreme cold and precipitation.

The remaining two survivors, despite serious injuries, walked to a highway 2 days after the accident. The aircraft had not been equipped with a TSO C126 compliant ELT. Had the impact site been found sooner, a timelier rescue and medical aid could have been provided to those who survived the initial impact.

The Safety Board is concerned by the DOI's position that this recommendation will only be achieved upon a requirement by the FAA for all Part 135 operators. Development and issuance of an FAA TSO on a crash-protective video recording system will permit the DOI to equip its aircraft and require the aircraft for which it contracts to be equipped with a TSO-approved system. The Board believes that the DOI should take this action even if Part 135 does not require the equipment.

Pending a requirement by the DOI that all internally owned and vendor-contracted, turbine-powered aircraft be equipped with a crash-protective video recording system once the FAA issues an applicable TSO, Safety Recommendation A-98-64 is classified OPEN—UNACCEPTABLE RESPONSE.

Letter Mail Controlled 11/13/2000 10:45:56 AM MC# 2001659 OAS response: We are aware that the NTSB and the FAA are both participating in a working group in conjunction with EUROCAE to develop minimum operational performance standards for the use of video recording systems. The FAA has stated that they will incorporate these standards into a Technical Standard Order (TSO). However, it is our position that this recommendation will only be achieved upon mandatory compliance with a new Federal Aviation Regulation requiring all Part 135 operators to install this type of equipment for all operations.