Safety Recommendation A-99-068

The NTSB notes that the planned acquisition and installation of C126 ELTs on aircraft owned by the DOI is complete. We also note that the 406 megahertz (MHz) ELT is now a contractual requirement for exclusive use, fixed wing, aircraft flight services. The DOI indicated that vendors operating rotary wing aircraft previously equipped with C-91 compliant ELTs are not required to install an ELT that is 406 MHz compliant. However, we believe that the DOI’s best value acquisition practices will encourage vendors who operate rotary wing aircraft to install 406 MHz ELTs.

We also believe that the installation of Automated Flight-Following systems on DOI aircraft will provide an additional layer of safety, especially for those rotary aircraft equipped with the older C-91 ELTs. Because these actions satisfy the intent of Safety Recommendation A-99-68, the recommendation is classified CLOSED—ACCEPTABLE ALTERNATE ACTION.

Thank you for your letter dated February 14, 2011, to the Department of the Interior Secretary Kenneth Salazar, requesting that DOI provide an update describing actions in response to NTSB Recommendation A-99-68. In your letter you wrote that the "NTSB was encouraged to learn from NBC staff that the final installation of TSO C126-compliantELTs on aircraft owned by the DOI was in progress."

You additionally stated, "We (NTSB) are further encouraged that the DOI's 'best value' contracting approach has assisted in increasing the number of DOI awarded contracts for privately-owned aircraft that are equipped with ELTs," and, "We (NTSB) also request information on the status of the DOI's implementation of the AFF stem." In response to your inquiries, the following information is provided.

Installation of TSOC-126ELT's (406MHz) for DOI's active 100 fleet aircraft is complete with the exception of one aircraft that has been made inactive, and another that is in the process of sale.

We are pleased to report that, in accordance with the NTSB recommendation, DOI has made a significant change to its minimum specifications for exclusive use, fixed wing, aircraft flight services. The fiscal year 2011 requirements now state that a 406 MHz ELT is a minimum contractual requirement.

Federal Aviation Regulations do not require that ELTs be installed on rotary wing aircraft. Nonetheless, DOI has worked with our partners in the interagency fire community to make ELTs compliant either to the 406 MHz or the older C-91 standard required equipment in our fleet, commercial vendor and State cooperator helicopters used for wildland fire suppression.

The intent was to avoid penalizing vendors who had previously invested in C-91 ELTs as an optional safety feature in their aircraft while encouraging vendors without ELTs to buy the 406 Hz standard.

In regard to the Automated Flight Following (AFF) system, AFF is now a minimum requirement for all interagency fire suppression helicopter and fixed wing contracts; and we are expanding the requirement for AFF to non-fire contracts subject to the finite capacity of the AFF system. Currently 100% of DOI's Alaska-based fleet is equipped with AFF and we have received preliminary requests from the Fish and Wildlife Service to install the system in all aircraft assigned to that bureau which are slated to remain in the inventory beyond this fiscal year.

On June 23, 2010, NTSB staff was pleased to learn from NBC staff that the final installation of Technical Standards Order (TSO) C126–compliant ELTs on aircraft owned by the DOI was in progress. In addition, the NTSB is pleased that DOI’s “best value” contracting approach has assisted in increasing the number of DOI-awarded contracts to privately owned aircraft that are equipped with ELTs.

Although this new acquisition practice encourages vendors to voluntarily purchase and install ELT’s, rather than requiring that aircraft be equipped with them, as the recommendation states, the NTSB believes that developing incentives within contracts to encourage vendors to purchase and install TSO C126–compliant ELTs may be equally successful and, thus, may constitute an acceptable alternate means of accomplishing the goal of Safety Recommendation A-99-68.

The NTSB is pleased that the DOI is working to develop these incentives and is aware that it can take time to achieve results; however, the NTSB requests more detailed information about the efforts that the DOI is making to accomplish this specific goal. In addition, the DOI stated in previous correspondence that it was equipping its fleet (both DOI-owned and -contracted aircraft) with an automatic flight following (AFF) system. The NTSB also requests information on the status of the DOI’s implementation of the AFF system.

Pending all internally owned and vendor-contracted DOI aircraft’s being equipped with TSO C126–compliant ELTs, Safety Recommendation A-99-68 remains classified OPEN – ACCEPTABLE ALTERNATE RESPONSE.

Letter Mail Controlled 2/1/2010 3:45:54 PM MC# 2100031 - From Rhea Suh, Assistant Secretary, Policy, Management, and Budget: Thank you for your November 10, 2009, letter to Secretary Ken Salazar, requesting that the Department of the Interior continue to provide updates describing its actions in response to NTSB Recommendation A-99-68. You indicated that the NTSB is particularly interested in learning about the success of the best value contracting approach and would appreciate receiving any information regarding what percentage of DOI's vendors have C126 ELT-equipped aircraft or what percentage of contracted flights are conducted with C126 ELT-equipped aircraft.

First, acquisition of TSO C-126 ELT's (406 MHz) for DOI's 100 fleet aircraft is near completion. All 56 active DO1 fleet aircraft stationed in Alaska have been equipped with the C- 126 ELT. Of the 44 DO1 fleet aircraft assigned to the lower 48 states, 39 are currently equipped with C-126 ELT's. Of the five aircraft remaining, one will he equipped by January 31, 2010. Two others will he equipped with the C-126 ELT by March 1, 2010. The two remaining aircraft are assigned to the Washington, DC metropolitan area and are a low priority. The installation of the C-126 ELT for these aircraft will occur during their next major inspection cycle. We

anticipate completion of installation of this in the DO1 fleet by February 28,2010. Second, with regard to vendor use of ELT's, we are implementing a strategy to achieve this goal in a manner that does not cause significant cost increases or mission impacts. The DOI's acquisition of flight services through private vendors is performed under a best value analysis which includes consideration of past performance, experience, aircraft capability, and price. This approach allows DO1 the flexibility to target specific aircraft capabilities, and salient characteristics within the solicitation and award determination process. Offerors that provide

increased aircraft capability and/or characteristics are given additional contract award consideration as an incentive to meet or exceed the targeted requirements. Meanwhile, DO1 is issuing flight service contracts on a continuum basis that results in increased use of ELT's each year. While our response to the NTSB on April 16, 2009, stated that DO1 will develop incentives within contracts resulting in the purchase and installation of the C-126 ELT, use of this approach will take time to achieve results. Safety, efficiency, and cost factors are weighed during the contract offer evaluation process and all compete with the goal to have the ELT's installed.

In previous correspondence and meetings, the DOI informed the NTSB that it was equipping all DOI-owned aircraft with C126 ELTs and that, for vendor-supplied aircraft, the DOI would use ”best value” acquisition practices to encourage a substantial number of its vendors to voluntarily purchase and install C126 ELTs. The DOI also stated that it was working with industry to develop a scheduled phase-in that would require those vendors that did not voluntarily purchase and install C126 ELTs to do so by a published deadline.

Further, the DOI indicated its support for the NTSB’s efforts to encourage the Federal Aviation Administration (FAA) to seek authority from Congress to require the installation of C126 ELTs in all applicable aircraft at the earliest possible opportunity. Additionally, the DOI stated that it was equipping its fleet (both DOI-owned and contracted aircraft) with an automatic flight following (AFF) system.

On March 27, 2009, the NTSB informed the DOI that the DOI’s current program to equip DOI-owned aircraft with C126-compliant ELTs was responsive to this recommendation and that use of the best value contracting approach, giving preference to vendors with aircraft equipped with C126 ELTs, was an acceptable alternate approach that met the intent of this recommendation. The NTSB asked the DOI to periodically provide updates on its progress in completing action in response to this recommendation.

Pending periodic reports of action leading to all internally owned and vendor-contracted DOI aircraft being equipped with C126 ELTs, Safety Recommendation A 99 68 was classified “Open—Acceptable Alternate Response.” The DOI’s current letter updates its progress in responding to this recommendation. The planned acquisition and installation of C126 ELTs on aircraft owned by the DOI is nearing completion.

In support of NTSB Safety Recommendation A-07-61, which asked the FAA to seek authority from Congress to require the installation of C126 ELTs in all applicable aircraft at the earliest possible opportunity, on September 15, 2008, the DOI sent a letter to the FAA indicating its concurrence with the NTSB recommendation. The DOI also reported that it is proceeding with full implementation of an AFF system for its aircraft, and it has implemented language in its contracts for aviation services that allows consideration of, and a preference for, a contractor’s supplying an aircraft with a C126 ELT when selecting a vendor. These are all positive steps, and we commend the DOI for taking them.

Letter Mail Controlled 4/23/2009 9:23:51 AM MC# 2090251: - From Mark Bathrick, Associate Director, Aviation Management, National Business Center: Thank you for your letter, dated March 27, 2009, to Department of the Interior Secretary Kenneth Salazar, which requested that . . .the DOI periodically provide updates of the performance results of its described acquisition process and the outcome of the described phase-in plan.. . In response to NTSB Recommendation A-99-68, and DOI’s briefing to the NTSB on January 16, 2008. In response to that request, the following information is provided for clarification.

Acquisition of TSO C-126 ELTs (406 MHz) for DOI’s 98 Fleet aircraft is nearing completion. Of the 56 active DOI Fleet aircraft that are stationed in Alaska, 55 are currently equipped with C-126 ELTs. The remaining Alaska-based aircraft is scheduled for a C-126 ELT installation in the next two weeks. Of the 42 DOI Fleet aircraft that are assigned to the lower-48 states, 38 are currently equipped with C-126 ELTS. Two of the remaining four, lower-48, DOI Fleet aircraft are scheduled for disposal within the calendar year, and the remaining two aircraft are assigned to the Washington, D.C. Metropolitan area and are our lowest priority for installation of C-126 ELTs.

For vendor aircraft, DOI maintains the position that the best venue to require vendors/contractors to upgrade to C-126 ELTs is through rulemaking by the FAA. However, in support of the NTSB’s initiative to encourage the FAA to develop rulemaking, which would require the installation of C-126 ELTs, DOI fulfilled its commitment to support NTSB’s initiative by forwarding a letter to Mr. Nicholas Sabatini, Associate Administrator for Aviation Safety on September 15, 2008. In that letter, we stated that the DOI concurs with the NTSB’s recommendation that the FAA seek authority from Congress to require the installation of TSO C126 in applicable aircraft.

During our briefing to the NTSB on January 16, 2008, we indicated that DOI would provide contractual incentives to vendors who upgrade to C-126 ELTs. As mentioned during that briefing and during subsequent conversations with NTSB’ s Jeffrey Marcus, DOI’s acquisition of flight services through private vendors is performed under a best value analysis (which includes past performance, expeiience, and aircraft capability). This approach allows DOI the flexibility to ‘target’ specific aircraft capabilities and salient characteristics within the solicitation and award determination process.

Offerors that provide the increased aircraft capability and/or characteristics are given additional contract award consideration, which acts as an incentive to meet or exceed the targeted aircraft features. The following language (italicized) is extracted from current DOI aviation flight service contracts. While each contract is tailored to meet the needs of the specific mission, this language is representative.

The DOI stated that it is currently upgrading to C126 ELTs in DOI-owned aircraft during scheduled overhauls. In addition, the DOI has participated with the U.S. Forest Service in the development and fielding of an automated flight following system. As for vendor-contracted aircraft, the DOI has instituted best value acquisition practices to encourage a substantial number of its vendors to voluntarily purchase and install C126 ELTs. Using the best value program, the DOI identifies factors in addition to lowest cost that allow it to give a preference to the vendor supplying equipment or services with added features over and above the minimum contract requirements.

In this manner, the DOI can give preference to vendors with C126–equipped aircraft, thereby providing an incentive to its contractors to install and use these ELTs. In addition, the DOI is working with industry to develop a scheduled phase-in that would require vendors that have not voluntarily purchased and installed C-126 ELTs to do so.

The DOI’s current program to equip DOI-owned aircraft with C126 compliant ELTs when they are next overhauled is responsive to this recommendation. The DOI’s use of the best value contracting approach to give preference to vendors with aircraft equipped with C126 ELTs is an acceptable alternative approach that meets the intent of this recommendation. The Safety Board asks that the DOI periodically provide updates of the performance results of its described acquisition process and the outcome of the described phase-in plan.

Pending periodic reports of action leading to all internally owned and vendor-contracted DOI aircraft being equipped with C126 ELTs, Safety Recommendation A-99-68 is classified OPEN -- ACCEPTABLE ALTERNATE RESPONSE.

Letter Mail Controlled 2/8/2008 11:44:06 AM MC# 2080054: - From Mark Bathrick, Associate Director, United States Department of the Interior, National Business Center, Aviation Management: 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 Closed Unacceptable 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.

Regarding Safety Recommendation A-99-68, as a result of the Safety Board’s investigation of the November 27, 2004, collision with mountainous terrain near Bamiyan, Afghanistan, of a Presidential Airways flight being conducted under contract to the U.S. Department of Defense (DOD), the Board issued Safety Recommendation A-06-80 to the DOD. The Presidential Airways flight was conducted under the rules of Part 135. Safety Recommendation A-06-80 asks the DOD to require civilian contractors providing aviation transportation in remote locations to equip each aircraft with a global positioning system equipped 406-megahertz ELT, essentially a TSO C126-compliant ELT.

On April 19, 2007, the DOD informed the Board that follow-on contracts for civilian air transportation services of military personnel would include this requirement beginning October 1, 2007. In view of the safety of DOI employees being transported over remote, sparsely populated areas, the Board asks the DOI to reconsider its position. Pending the DOI’s mandating that all DOI vendor-contracted aircraft be equipped with TSO C126-compliant ELTs, Safety Recommendation A-99-68 remains classified OPEN -- UNACCEPTABLE RESPONSE.

Letter Mail Controlled 5/31/2007 8:22:34 AM MC# 2070236: - From Mark Bathrick, Associate Director, Aviation Management, NBC: 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, United States Department of the Interior, Office of the Secretary, Office of Aircraft Services: 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. As stated previously, recent legislation partially contradicts this recommendation.

Additionally, vendors identified on DOI's ARA will not voluntarily comply with an equipment upgrade estimated at $4,800.00 for the commercial purchase of a rotary wing version of a TSO C126 ELT with GPS interface or an upgrade estimated at $4,500.00 for the commercial purchase of a fixed wing version of a TSO C126 with GPS interface without a guarantee of return on their investment. Unfortunately, DOI is not in a position to either mandate the installation of this equipment or to purchase this same equipment at an estimated cost of $5,990,000 for a vendor base which is subject to continuous change.

To prevent multiple levels of safety within DOI and to avoid adopting recommendations that we cannot enforce we strongly recommend that efforts be initiated to draft new legislation or new Federal Aviation Regulations that require compliance with these recommendations.