Safety Recommendation A-99-067

On November 21, 2007, the Safety Board indicated to the DOI that this recommendation, then over 7 years old, asked that TSO C126 ELTs be installed within 1 year so that passenger-carrying flights would be equipped sooner than other DOI flights, as recommended in Safety Recommendation A-99-68. Because the recommended action was neither completed nor started within a year, Safety Recommendation A-99-67 was classified ClosedUnacceptable Action. In its current letter, the DOI asked that the Board reconsider this classification.

The DOI stated that when this recommendation was issued, the cost of a C126 ELT was substantially greater than it is today, which prevented the DOI from meeting this recommendation within 1 year. However, the costs of these ELTs have been significantly reduced since 2000, and this equipment has become more widely available. As a result, the DOI has taken actions to equip both internally owned and contracted aircraft with TSC C126 compliant ELTs. These recent activities are described below in response to Safety Recommendation A-99-68.

The Safety Board reconsidered its November 21, 2007, classification of this recommendation. Although the Board agrees that when this recommendation was issued, TSO C126 ELTs were more expensive and less available, they were commercially available and markedly superior to older-style ELTs. The DOI did not start or take any action in response to this recommendation for many years. Therefore, Safety Recommendation A-99-67 remains classified CLOSED -- UNACCEPTABLE ACTION.

Letter Mail Controlled 2/8/2008 11:44:06 AM MC# 2080054: - From Mark Bathrick, Associate Director, Aviation Management, NBC, 1/29/08: When A-99-67 was originally issued, the cost of a C-126 ELT was substantially greater than it is today, which prevented the Department from meeting this recommendation within the recommended 1-year. However, in consideration of significant reductions in the cost per unit, availability of new C-126 ELTs, and DOI actions described in response to recommendation A-99-68 below, DOI requests that the classification of A-99-67 be reconsidered.

Although the DOI agrees with the intent of these recommendations, it believes that it is also not in a position to either mandate the installation of TSO C126-compliant ELTs or to purchase this equipment for its vendor base for contracted air transportation services. However, DOI-owned aircraft are being equipped during overhauls/upgrades with TSO C126-compliant ELTs, as well as a satellite-based automated flight following system.

The Safety Board has previously advised the DOI that although the FAA’s fiscal year 2000 reauthorization prevents it from requiring only TSO C126-compliant ELTs, the DOI is not under a similar restriction and can equip the aircraft that it owns as it believes appropriate; in vendor-supplied aircraft, the DOI can specify what must be supplied. The Board is pleased that the DOI recognizes the benefits of the TSO C126-compliant ELTs and is in the process of equipping DOI-owned aircraft with this equipment as well as automatic flight following capability. However, the Board is disappointed that the DOI is unwilling to specify this needed safety equipment in vendor-supplied aircraft.

Many DOI aviation operations occur over remote, sparsely populated areas in which the faster and more accurate locating ability of a TSO C126-compliant ELT is particularly important. Since the accident that prompted these recommendations, the Board has also 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) to transport 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.

Although this was a USDA flight and not a DOI flight, it illustrates the consequences to Federal employees flying to a remote sparsely populated area who are involved in but survive an airplane accident, but because the ELT does not function, are not found.

Letter Mail Controlled 5/31/2007 8:22:34 AM MC# 2070236: - From Mark Bathrick, Associate Director, Aviation Management, NBC, 5/29/07: Recommendations A-99-67 and A-99-68 differ in two respects in that 99-67 requires compliance within 1 year for passenger carrying aircraft, while 99-68 identifies all internally owned and vendor-contracted aircraft and a compliance timeframe of 3 years.

The FAA has indicated previously to the Board that it cannot require the use of only TSO C126 ELTs to meet NTSB recommendation A-99-63 as a result of Public Law 106-181 (the FAA’s Fiscal Year 2000 reauthorization bill) which amended title 49, United States Code, section 44712, which permitted ELT compliance for fixed-wing powered civil aircraft by stating, (d) Compliance. -An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a).

As a result, the Board classified FAA recommendation A-99-63 as Closed Reconsidered. Although we agree with the intent of this recommendation, the DOI is also not in a position to either mandate the installation of TSO C126 ELTs or to purchase this same equipment at an estimated cost of $5,990,000 for a vendor base, which is subject to continuous change. However, we are also aware that TSO C126 ELTs are more common-place and affordable today than when these recommendations were first issued. And as a result, DOI fleet aircraft are being equipped during overhauls/upgrades with newer TSO C126 ELTs.

In addition to fleet ELT upgrades, DOI has also adopted a satellite-based Automated Flight Following (AFF) system, which provides heading, airspeed, track, altitude, and GPS positioning data every 2 minutes to our dispatch centers and aviation program managers. Approximately 800 aircraft utilized by DOI and the USDA/Forest Service within the interagency aviation community are currently equipped with AFF, to include approximately 95% of our Exclusive Use aircraft and 40% of all of the helicopters used by DOI. Further progress in the adoption of AFF technology has also been made with the National Science Foundation (NSF) and their aviation program on Antarctica within the last year.

For the first time, aviation program managers and NBC-AM staff supporting the NSF at McMurdo can track aircraft located anywhere on the Antarctica continent via the use of AFF technology. The Department of the Interior continues to support the NTSB’s efforts to improve the safety of all aviation operations within the nation, and would welcome the opportunity to participate in the development of new legislation or Federal Aviation Regulations that would require all

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 disappointed by the DOI's response. Although it is true that the FAA's reauthorization prevents its requiring only TSO C126 compliant ELTs, the DOI is not under a similar restriction and can equip the aircraft that it owns as it believes appropriate; in vendor-supplied aircraft, the DOI can specify what must be supplied. The Safety Board notes, and has so informed the FAA, that on February 1, 2009, satellite processing of 121.5 MHz ELT signals is scheduled to be discontinued.

The Safety Board further notes 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 particularly important. Given that ELTs that are not compliant with TSO C126 will be not be recognized by satellites in 8 years, and that in DOI operations, an ELT that can be recognized by a satellite may be a particularly important piece of safety equipment, the Safety Board is concerned that the DOI does not plan to equip all internally owned and vendor-contracted aircraft with this important equipment. The Safety Board does not dispute that there is a financial impact from this safety improvement.

However, the Board believes the cost estimates referenced by the DOI are high and notes that it is not necessary to equip an ELT with a GPS sensor to make it TSO C126 compliant. Therefore, the Board believes TSO C126 compliant ELTs without a GPS sensor are available for approximately one-half to two-thirds of the costs referenced by the DOI. The Safety Board issued these safety recommendations based on its belief in the value of this equipment and urges the DOI to reconsider its position on these recommendations.

Therefore, pending a requirement that all DOI internally owned and vendor-contracted aircraft be equipped with TSO C126 compliant ELTs, Safety Recommendations A-99-67 and -68 are classified OPEN -- UNACCEPTABLE RESPONSE. Member Hammerschmidt does not concur in the assigned classification of these recommendations and agrees with the DOI's response.

Letter Mail Controlled 11/13/2000 10:45:56 AM MC# 2001659 - From Elmer Hurd, Director, Office of the Secretary, Office of Aircraft Services: We also agree with the intent of this recommendation. However, Public Law 106-181 (the FAA's Fiscal year 2000 reauthorization bill) amends title 49.

United States Code, specifically section 44712, to permit ELT compliance for fixed-wing powered civil aircraft by stating, "(d) Compliance. - An aircraft meets the requirement of subsection (a) if it is equipped with an emergency locator transmitter that transmits on the 121.5/243 megahertz frequency or the 406 megahertz frequency or with other equipment approved by the Secretary for meeting the requirement of subsection (a)." Therefore, DOI cannot require the sole use of TSO C126 ELTs for fixed-wing powered civil aircraft ELT requirements.

Again, we believe that compliance with this recommendation for all aircraft will only be achieved by the drafting of new legislation or new Federal Aviation Regulations.