Accidents, Less Oversight U.S
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INFOSCAN More Accidents, Less Oversight U.S. on-demand operations, with a far higher accident rate than scheduled commercial carriers, receive less attention from the FAA. REPORTS says. “In contrast, a [FARs] Part 121 operator Counting Seats Is Not What Counts with 10 aircraft, overseen by the same FAA over- sight office, received 199 inspections in 2008.” On-Demand Operators Have Less Stringent Safety Requirements and Oversight Than Large Commercial The report’s findings are summarized under Air Carriers three major headings. U.S. Department of Transportation, Office of Inspector General. AV- First, “On-demand operators have less 2009-066. July 13, 2009. 25 pp. Available via the Internet at <www. stringent safety regulations than commercial oig.dot.gov/item.jsp?id=2511>. operators.” The report says that the on-demand n the United States, on-demand — also called industry has changed, while regulations have for-hire, air taxi, chartered and unscheduled not: “Many of the Part 135 provisions [which I— flights are conducted by more than 2,300 apply to on-demand operations] have not been operators, compared with about 120 commercial updated since 1978.” Today, the use of jet aircraft air carriers. On-demand operators’ aircraft, es- is far more common, and operators fly inter- timated at more than 9,000 total, are configured nationally more frequently, than was the case for 30 passengers or fewer or less than 7,500 lb of decades ago. ON-DEMAND OPERATORS HAVE LESS STRINGENT SAFETY REQUIREMENTS AND payload under U.S. Federal Aviation Regulations “Current requirements for maintenance OVERSIGHT THAN LARGE COMMERCIAL AIR CARRIERS Federal Aviation Administration Report Number: AV-2009-066 (FARs) Part 135. On-demand includes unsched- focus on the number of passenger seats [as a cri- Date Issued: July 13, 2009 uled passenger flights, cargo operations, com- terion for safety inspection] rather than the risk mercial sightseeing, and air medical missions factors in an aircraft’s operating environment,” such as emergency medical services. the report says. For example, unlike Part 121 “The operators comprising the on-demand carriers, on-demand carriers are not required industry segment can range from a company to have a maintenance program that includes with one pilot and one aircraft to a company required inspection items and a continuous with over 600 aircraft,” the report says. “On- analysis and surveillance system. demand aircraft range from small, two-seat pis- Crew resource management (CRM) training ton engine aircraft to helicopters to turboprops is not required for on-demand operators. “CRM and jets with 10 or more seats.” for on-demand operators is one of the NTSB’s As an example of the leaner oversight given [U.S. National Transportation Safety Board’s] six to on-demand companies, the report cited an most wanted aviation safety improvements,” the operator that offered “dozens of flights daily report says. during the summer” for glacier viewing, in the The FAA has issued a notice of proposed rule course of which the aircraft landed and took off making that would expand CRM training require- on skis. “This operator flies 17 aircraft and was ments to Part 135 operators (ASW, 6/09, p. 45). inspected eight times by FAA [the U.S. Federal Other areas noted by the report under this Aviation Administration] in 2008,” the report heading are the lack of required safety training WWW.FLIGHTSAFETY.ORG | AEROSAFETYWORLD | AUGUST 2009 | 53 INFOSCAN for cabin attendants if the aircraft carries 19 or they fly at lower altitudes, on-demand aircraft fewer passengers; the lack of a requirement for are more vulnerable to sudden weather changes dispatchers who follow the flight and can inform or other obstacles,” the report says. “We note the flight crew of conditions that might affect that the high-end jet aircraft flown by some safety, such as adverse weather; no required on-demand operators have the same advanced aging-related aircraft inspections in on-demand electronics as commercial aircraft. Many of the service, although according to an FAA study, 60 smaller operators, however, still have very basic percent of the on-demand passenger and cargo equipment in their cockpits.” fleet is over 20 years old; that maintenance re- On-demand operators have more fatal ac- quirements for on-demand aircraft seating nine cidents as a result of the higher risks involved, or fewer passengers are less demanding than the report says: “Between 2000 and 2008, the those for larger aircraft; and that recommenda- fatal accident rate for on-demand operators was tions to strengthen Part 135 oversight, submit- 50 times higher than that of commercial carri- ted in 2005 by the FAA Aviation Rulemaking ers. Since January 2003, on-demand operators Committee (ARC), have not resulted in any final have been involved in 95 fatal accidents, which rule making by the agency. resulted in 249 deaths. … The most fatalities for “We found that 16 NTSB recommendations the period 2003 through 2008 occurred in the resulting from on-demand operator accident in- states of Alaska and Hawaii and in the Gulf of vestigations issued since June 2002 also remain Mexico. In both Alaska and Hawaii, air tours are open,” the report says. “For example, the NTSB common, and small planes are a major source of has been concerned about the safety effects transportation for people and cargo. In addition, of fatigue on flight crews since 1989, and has there are numerous helicopter operations in the recommended that operators set working-hour Gulf of Mexico delivering crews and supplies to limits for flight crews based on fatigue research. oil rigs [platforms].” “FAA lacks a risk- … Another key NTSB concern is reducing The report lists other problems under the dangers to aircraft flying in icing conditions; heading “FAA lacks a risk-based oversight strat- based oversight this has been on the NTSB’s most wanted avia- egy for on-demand operators.” strategy for on- tion safety improvements list since 1997. FAA’s The FAA Air Transportation Oversight response to this has been classified as ‘unaccept- System, based on data-driven risk assessment, demand operators.” able’ by the NTSB.” is the agency’s primary tool for overseeing com- The FAA has recently amended the air- mercial carriers. But, the report says, “oversight worthiness standards applicable to transport of on-demand operators is primarily based category airplanes certificated for flight in ic- on required, pre-determined inspection items ing conditions. The rule, effective Sept. 2, 2009, assigned to inspectors on a nationwide basis. requires either that ice protection systems be These items are focused on compliance with automatically activated or that a means be regulations rather than where risk dictates.” provided to tell pilots when they should be Required inspections, called “R-items,” for activated. on-demand operators are based on the National The second major heading for the report’s Program Guidelines (NPG), assigned nationally findings is “on-demand operators have more without regard to specific operator factors. “In- inherent risks in their operations and more fatal spectors must complete all R-items and may add accidents than commercial operators.” other inspections to their work plan (planned The report says that on-demand operators or P-items) for operators that they feel need have more takeoffs and landings per aircraft; additional oversight,” the report says. “However, fly to many airports lacking control towers; use some of the inspectors we spoke with did not pilots who may be unfamiliar with routes; and complete P-items because they only had time to have smaller aircraft than airlines. “Because complete the R-items on their programs.” 54 | FLIGHT SAFETY FOUNDATION | AEROSAFETYWORLD | AUGUST 2009 INFOSCAN Inspections are spread thinly, the report says: Handle With Care “Operations inspectors must conduct a ramp Musculoskeletal Ill-Health Risks for Airport Baggage Handlers: inspection on a minimum of 10 percent — a Report on a Stakeholder Project at East Midlands Airport minimum of 25 percent for the Alaska region — Oxley, Laraine; Riley, David; Tapley, Sarah. Health and Safety Executive (HSE), United Kingdom. RR675. 106 pp. Available via the of all on-demand operators that are certificated Internet at <www.hse.gov.uk/research/rrhtm/rr675.htm>. within their region. Surveillance of these opera- Health and Safety tors must be rotated from year to year, meaning ccording to the results of an HSE question- Executive Musculoskeletal ill-health risks for an operator could receive a ramp inspection naire, 73 percent of airport baggage han- airport baggage handlers Report on a stakeholder project at East Midlands Airport from an operations inspector as seldom as once dlers reported having lower back trouble, 51 Prepared by the Health and Safety Laboratory A for the Health and Safety Executive 2009 every 10 years.” percent reported knee problems and 43 percent The operators flying the smallest aircraft get reported shoulder trouble in the previous three less attention. The report says, “We found that 78 months. “Compared to other data from physically percent of all fatal on-demand accidents between demanding tasks, baggage handling produced the 2003 and 2008 involved aircraft seating nine or highest prevalence rates for trouble experienced fewer passengers. Yet, the NPG require inspections in the last three months/year,” the report says. RR675 Research Report for aircraft seating 10 or more passengers that are The report describes work undertaken to bet- not required for aircraft seating nine or less. Single- ter understand musculoskeletal risks of baggage engine aircraft and single-pilot operations have handling and to appraise the efficacy of new ex- even fewer required inspections than operators tending belt loader (EBL) technology. Data were categorized as [having] nine or fewer seats.” collected on site visits to East Midlands Airport, A new, risk-based oversight method, the Bristol Airport and Stansted Airport, England.