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Safety Recommendation Details

Safety Recommendation A-06-010
Details
Synopsis: On October 19, 2004, about 1937 central daylight time,1 Corporate Airlines (doing business as American Connection) flight 5966, a BAE Systems BAE-J3201, N875JX, struck trees on final approach and crashed short of runway 36 at the Kirksville Regional Airport (IRK), Kirksville, Missouri. The flight was operating under the provisions of 14 Code of Federal Regulations (CFR) Part 121 as a scheduled passenger flight from Lambert-St. Louis International Airport (STL), in St. Louis, Missouri, to IRK. The captain, first officer, and 11 of the 13 passengers were fatally injured, and 2 passengers received serious injuries. The airplane was destroyed by impact and a postimpact fire. Night instrument meteorological conditions (IMC) prevailed for the flight, which operated on an instrument flight rules flight plan.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Modify and simplify the flight crew hours-of-service regulations to take into consideration factors such as length of duty day, starting time, workload, and other factors shown by recent research, scientific evidence, and current industry experience to affect crew alertness. (A-06-10) (This recommendation supersedes Safety Recommendation A-99-45.)
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Alternate Action
Mode: Aviation
Location: Kirksville, MO, United States
Is Reiterated: Yes
Is Hazmat: No
Is NPRM: No
Accident #: DCA05MA004
Accident Reports: Collision with Trees and Crash Short of Runway, Corporate Airlines Flight 5966, British Aerospace BAE-J3201, N875JX
Report #: AAR-06-01
Accident Date: 10/19/2004
Issue Date: 2/7/2006
Date Closed: 7/29/2013
Addressee(s) and Addressee Status: FAA (Closed - Acceptable Alternate Action)
Keyword(s): Fatigue,

Safety Recommendation History
From: NTSB
To: FAA
Date: 7/29/2013
Response: On January 4, 2012, the FAA published a final rule, titled “Flightcrew Member Duty and Rest Requirements,” that completed the recommended action by requiring comprehensive and scientifically based requirements to prevent flight crew fatigue. However, between publication of the notice of proposed rulemaking (NPRM) and that of the final rule, the FAA was forced to exclude from the rule’s provisions operators who conduct cargo operations. The NTSB disagrees with this exclusion, as many of the fatigue-related accidents that we have investigated over the years involved cargo operators. We also believe that, because of the time of day that cargo operations typically occur, such operations are in greater need of these requirements. Although we are very concerned about the cargo exclusion, the January 2012 final rule otherwise met the intent of Safety Recommendation A-06-10; accordingly, the recommendation is classified CLOSED—ACCEPTABLE ALTERNATE ACTION.

From: FAA
To: NTSB
Date: 5/9/2013
Response: -From Michael P. Huerta, Administrator: The Flightcrew Member Duty and Rest Requirements Final Rule recognizes the universality of factors that lead to fatigue in most individuals and regulates these factors to ensure that flightcrew members in passenger operations do not accumulate dangerous amounts of fatigue. The foundation of the rule was bac:;ed upon operational experience, international regulatory guidance, and scientific research findings relative to fatigue and sleep issues. For un-augmented flightcrew operations, the rule provides for differing lengths of flight duty periods, depending on the start times relationship to a crewmember's window of circadian low and number of flight segments. For augmented Oightcrew operations, the rule provides for differing lengths of flight duty periods based upon the classification of on board rest facility used, the number of pilots assigned to the flight and the time of day in which the flightcrew reports for duty. Additionally, the rule considers whether an individual is acclimated to a new theater, and the likelihood of being able to sleep under different environmental conditions. The rule also sets new cumulative flight time limitations for un-augmented and augmented flightcrcw operations. The FAA notes that in the Board's comments to the proposed rule, dated November 15,2010, it stated that the proposed rule would likely meet the intent of this recommendation.

From: NTSB
To: FAA
Date: 4/23/2013
Response: Notation 8486: On March 11, 2013, the US Chemical Safety and Hazard Investigation Board (CSB) published a request for public comment on a document released on its website titled “Draft Recommendations Evaluation for Public Comment: Fatigue Risk Management Systems (FRMS)” (CSB Evaluation). Subsequently, CSB staff invited the National Transportation Safety Board (NTSB) to share its experiences in investigating transportation accidents in which human fatigue was identified as a safety issue, and related NTSB safety recommendations. The NTSB is an independent federal agency charged with determining the probable cause of transportation accidents and issuing safety recommendations aimed at preventing future accidents. The NTSB has a long history of making recommendations to reduce fatigue and fatigue-related transportation accidents and, since its inception, has issued over 200 recommendations addressing fatigue in the aviation, highway, marine, railroad, and pipeline modes. We are pleased to share our experiences with the CSB. The CSB Evaluation comments on actions taken by the American Petroleum Institute (API) and the United Steelworkers International Union (USW) in response to Recommendation No. 2005-04-I-TX-7, issued by the CSB in 2005 to those organizations. The CSB recommendation was issued as a result of the March 23, 2005, Texas City, Texas, refinery explosion and fire. The portion of the CSB recommendation pertinent to this letter reads as follows: [D]evelop fatigue prevention guidelines for the refining and petrochemical industries that, at a minimum, limit hours and days of work and address shift work…. In April 2010, the API issued an American National Standards Institute-approved Recommended Practice titled Fatigue Risk Management Systems for Personnel in the Refining and Petrochemical Industries, First Edition (RP-755), and an accompanying technical report titled Fatigue Risk Management Systems for Personnel in the Refining and Petrochemical Industries, Scientific and Technical Guide to RP 755. The CSB Evaluation presents the results of a CSB staff review in which the CSB staff determined that RP-755 does not meet the intent of the CSB recommendation in several areas. The NTSB has reviewed RP-755 as well as the CSB Evaluation. With respect to human fatigue, the NTSB has specific experience with the following issues that are discussed in the CSB Evaluation: • The hours-of-service limits described in RP-755, which are more permissive than what is indicated by current scientific knowledge, and the suggestion that voluntary FRMS programs will compensate for the risk from excessive hours and days at work, and • The emphasis of RP-755 on voluntary efforts by industry and its lack of explicit requirements, especially with respect to elements of an effective fatigue management system. With respect to the hours-of-service limits, RP-755 describes “work sets” during normative conditions, which may include 12-hour day shifts or night shifts for 7 consecutive days, with the possibility of an additional “holdover period” beyond the duty day for training or safety meetings. The RP states that the “holdover period should not exceed 2 hours and, where possible, occur at the end of the day shift.” However, the use of the language “should” is not a requirement but is defined by the document as a “recommendation or that which is advised but not required in order to conform to the RP.” Therefore, a worker could, during a normal work set, work shifts of 14 hours or greater in a 24-hour period for several days. RP-755 also states that during planned or unplanned outages, workers may be called on to work 12-hour shifts for up to 14 consecutive days, with as little as 36 hours between 14-day, 12-hour work sets. Holdover periods of up to 2 hours are also allowed during outages. The RP also has provisions for extending work shifts up to 18 hours. In several of its accident investigations, the NTSB has recognized the relationship between long duty days and fatigue, both directly and through their effects on reduced sleep lengths during off-duty periods. For example, in the investigation of the October 2004 Corporate Airlines accident in Kirksville, Missouri, the NTSB determined that the probable cause of the accident was the pilots’ failure to follow established procedures and properly conduct an instrument approach at night, and that fatigue was one factor that contributed to the pilots’ degraded performance. The length of the pilots’ duty day (at the time of the accident, they had been on duty for 14 1/2 hours) was cited along with less-than-optimal overnight rest time, early reporting time for duty, the number of flight legs, and demanding flight conditions, as factors that resulted in the pilots’ fatigue. In the Kirksville report, the NTSB cited research showing that pilots who worked schedules that involved 13 or more hours of duty time had an accident rate that was several times higher than that of pilots working shorter schedules, and that airplane captains who had been awake for more than about 12 hours made significantly more errors than those who had been awake for less than 12 hours. As a result of the Kirksville investigation, the NTSB issued Safety Recommendation A-06-10 to the Federal Aviation Administration (FAA), which stated the following: A-06-10 Modify and simplify the flight crew hours-of-service regulations to take into consideration factors such as length of duty day, starting time, workload, and other factors shown by recent research, scientific evidence, and current industry experience to affect crew alertness. The NTSB reiterated Safety Recommendation A-06-10 in 2008 following its investigation of the April 2007 Pinnacle Airlines accident in Traverse City, Michigan. In that accident, the NTSB determined that the probable cause of the accident was the pilots’ poor decision-making as they prepared to land the airplane. The NTSB stated that “This poor decision-making likely reflected the effects of fatigue produced by a long, demanding duty day and, for the captain, the duties associated with check airman functions.” The pilots had been on duty for more than 14 hours at the time of the accident. The effectiveness of fatigue management is directly related to the availability of work schedules that allow a sufficient period of time between work shifts for the employee to obtain sufficient restorative sleep. The NTSB has investigated several accidents and serious incidents that provided clear and compelling evidence that air traffic controllers were sometimes operating in a state of fatigue because of their work schedules and poorly managed utilization of rest periods between shifts, and that fatigue had contributed to controller errors. Consequently, the NTSB issued Safety Recommendation A-07-30 to the FAA, which stated the following: A-07-30 Work with the National Air Traffic Controllers Association to reduce the potential for controller fatigue by revising controller work-scheduling policies and practices to provide rest periods that are long enough for controllers to obtain sufficient restorative sleep and by modifying shift rotations to minimize disrupted sleep patterns, accumulation of sleep debt, and decreased cognitive performance. The NTSB’s consideration of how long duty days affect fatigue and safety has not been limited to the aviation mode. Recently, in our investigation of the September 2010 collision of two freight trains near Two Harbors, Minnesota, the NTSB concluded that crew fatigue was a contributing factor in train crew errors that led to the collision. The train crewmembers who made the errors had been awake between 13 and 14 hours at the time of the accident, and the accident occurred during the final hour of a 12-hour shift. In its report, the NTSB cited a study showing that 12 hour work shifts have been associated with decrements in alertness and performance, compared to 8-hour shifts. Other studies of commercial drivers have found an exponential increase in crash risk with increasing driving times, especially for driving periods that extend beyond 8 or 9 hours. The NTSB has made numerous recommendations concerning hours of service across the transportation modes. A common theme of those NTSB recommendations has been an emphasis on establishing hours-of-service limits that are scientifically based, that set limits on hours of service, that provide predictable work and rest schedules, and that consider circadian rhythms and human sleep requirements. The second issue discussed in the CSB Evaluation with which the NTSB has experience concerns the lack of explicit requirements regarding essential elements of a fatigue management program. The CSB Evaluation remarks that The use of the word ‘should’ for most elements of a Fatigue Risk Management System (FRMS) in the RP means that they are optional, not required. In what is already a voluntary standard to begin with–employers can choose to conform to them, but they are not required by force of law to do so–‘should’ statements have very little force. The lack of required FRMS elements raises additional concerns because RP-755 states that its hours-of-service limits were “developed in the context of the existence of a comprehensive FRMS” and that “Consistently working at the limits shown is not sustainable and may lead to chronic sleep debt.” Hence, while RP-755 does not require the use of an FRMS, it does ostensibly allow operators to persistently schedule workers at the noted limits. The NTSB has recommended requiring the implementation of fatigue management programs. For example, as a result of its investigation of a June 2009 multivehicle accident near Miami, Oklahoma, in which a truck driver’s fatigue resulted in his failure to react to and avoid colliding with a slowing traffic queue, the NTSB emphasized the importance of comprehensive fatigue management programs. The report described the North American Fatigue Management Program (NAFMP), which is designed to address scheduling policies and practices, fatigue management training, sleep disorder screening and treatment, and fatigue monitoring technologies. In the report, the NTSB stated that “if the NAFMP guidelines remain voluntary—and are used by some carriers but ignored by others—this important safety tool might have only a limited effect in reducing fatigue-related highway accidents.” As a result of its investigation, the NTSB called on the Federal Motor Carrier Safety Administration to implement the following NTSB safety recommendation: H-10-9 Require all motor carriers to adopt a fatigue management program based on the North American Fatigue Management Program guidelines for the management of fatigue in a motor carrier operating environment. The NTSB has also made recommendations in the highway, railroad, and aviation modes to establish ongoing programs to evaluate, report on, and continuously improve fatigue management programs implemented by operators (NTSB Safety Recommendations H-08-14, R 12-007, A-06-11, and A-08-45). I hope that this information about the NTSB’s history of investigating fatigue-related accidents and the recommendations we have issued will be useful as the CSB moves forward with the evaluation of the API and USW responses to the fatigue-related CSB recommendation resulting from the Texas City investigation.

From: NTSB
To: FAA
Date: 11/15/2010
Response: Notation 8257: The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration's (FAA) Notice of Proposed Rulemaking (NPRM) titled "14 CFR Parts 117 and 121: Flightcrew Member Duty and Rest Requirements," which was published at 75 Federal Register 55852 on September 14, 2010. The notice proposes to amend 14 Code of Federal Regulations (CFR) Part 121 and establish 14 CFR Part 117 to create a single set of flight time limitations, duty period limits, and rest requirements for pilots in Part 121 operations. According to the NPRM, the rulemaking recognizes the similarities between the types of operations conducted under Part 121 and the universality of factors that lead to human fatigue. In addition, the rulemaking acknowledges the need to consider fatigue-inducing factors such as time of day, length of duty day, workload, whether an individual is acclimated to a new time zone, and the likelihood of being able to sleep under different circumstances. The rulemaking aims to ensure that pilots have an opportunity to obtain sufficient rest to perform their duties, with an objective of improving aviation safety. The NPRM acknowledges that the FAA is proposing to limit this rulemaking to Part 121 certificate holders and flight crew members who work for them and address fatigue on an incremental basis. Further, the NPRM explicitly identifies two specific NTSB recommendations regarding pilot fatigue in its background statement, Safety Recommendations A-06-10 and A-95-113. The NTSB strongly supports most aspects of the proposed rule while also acknowledging a variety of important issues that remain to be addressed. Since 1990, the safety issue of reducing accidents caused by human fatigue has been on the NTSB's Most Wanted List of Transportation Safety Improvements. Over the last 20 years, the NTSB has investigated many air carrier accidents involving fatigued flight crews, including the American International Airways flight 808 accident in Guantanamo Bay, Cuba; the American Airlines flight 1420 accident in Little Rock, Arkansas; the Corporate Airlines flight 5966 accident in Kirksville, Missouri; and, most recently, the Colgan Air flight 3407 accident in Buffalo, New York. NTSB recommendations issued over the same period of time in an effort to counteract the threat of human fatigue to passenger and crew safety promote, among other measures, scientifically based hours of service, eliminating tail-end Part 91 (for example, training or ferry) flights, developing guidance on fatigue risk management systems (FRMS), and addressing the challenges of obtaining adequate rest when associated with pilot commuting. The proposed revisions to Part 121 and creation of Part 117 address many of these areas. As noted in the NPRM, the FAA drew from available data on sleep and fatigue science to provide a foundation for the proposed rule. In addition, the FAA reviewed international standards and drew from the experienced guidance of industry, including representatives from operators and labor who comprised the aviation rulemaking committee (ARC), as well as scientific advisors for this NPRM. The NTSB commends the FAA for its efforts to develop this critically important rule using a broadly inclusive, scientifically based approach. We expect that these efforts will yield the expedited adoption of a final rule that meets the needs of both the individual pilot and the industry in effectively mitigating fatigue hazards to improve safety. Implementation of the proposed revisions will represent a significant improvement in the regulations to prevent flight crew fatigue in Part 121 operations. The NTSB's specific comments on several areas of the NPRM follow. Consideration of Factors Affecting Alertness and Consolidation of Part 121 The NPRM takes into consideration length of duty day, starting time, workload, and time-zone changes. These factors have been shown by sleep and fatigue research to affect alertness, both alone and in combination with other factors. As a result, the proposal is a significant improvement over current regulations, which do not address the criticality of these factors as they relate to the development of fatigue. If adopted, the proposed rule would likely meet the intent of Safety Recommendation A-06-l0, which is currently on the NTSB's Most Wanted List of Transportation Safety Improvements. The rule does not specifically address NTSB Safety Recommendation A-09-64, which calls for the need to address unique issues affecting the development of fatigue in short-haul operations through specific research into this area.2 Based on the ARC input, the proposed rule does shorten flight duty periods and maximum flight time based on the number of flight segments that exceed four in I day, which should help to mitigate fatigue in these operations. However, as acknowledged in the NPRM, there is little data directly addressing short-haul operations, and, as recommended in Safety Recommendation A-09-64, research into factors affecting the development of fatigue in these operations (especially in the context of the proposed rule) would be beneficial. By removing the former distinctions under Part 121 between domestic, flag carriers, supplemental, and operations conducted under Part 91 (including tail-end ferry flights), the NPRM acknowledges that the human fatigue factors are the same across these operations and science cannot support the notion of allowing longer duty hours for certain subgroups. Additionally, the proposed rule addresses the NTSB's longstanding concern of eliminating tail-end ferry flights in Part 121 operations. Adoption of this element of the proposed rule would likely meet the intent of Safety Recommendation A-95-113, which is currently on the NTSB's Most Wanted List of Transportation Safety Improvements. Maximum Flight Time and Rest Period Expansion The NPRM proposes to increase the maximum flight time from 8 to 10 hours and acknowledges that research in this area does not provide a definitive conclusion about the effect this would have on fatigue.3 The NTSB considers it important that the 10-hour flight times are only allowed for flight duty period start times between 0700-1259, which should ensure that flight crews do not accumulate this extended flight time during the circadian low. In addition, the reduction of the flight duty period as the number of flight segments exceeds four should help to mitigate risk associated with the increased workload that this part of the NPRM proposes. However, the NTSB urges the FAA to proceed cautiously on the expansion of flight time to 10 hours and collect data on this proposed change so that any adverse consequences are identified and mitigated. In addition, the NTSB suggests that the FAA look to other modal administrations in the Department of Transportation to help assess the effect of this change on safety. The NTSB is encouraged that, as defined in the proposed rule, a rest period begins once the flight crew arrives at the actual location of the rest facility (such as a hotel). This should help to ensure that crewmembers can allocate additional time to actual sleep during the defined rest period. Although the NPRM did not clearly define when the rest period would end, the FAA provided clarifying guidance to the rulemaking docket stating that the "rest opportunity commences when the flightcrew member reaches the hotel or suitable accommodation and ends when he or she checks out. The NPRM also states that the required rest period would be extended to 9 hours, and the clarifying guidance states that the 9-hour rest opportunity should allow for an actual 8-hour sleep opportunity. However, the associated draft advisory circular (AC) on fitness for duty states that, "it is unrealistic to assume that a 9-hour rest period will yield 9 or even 8 hours of sleep when you take into consideration time lost in checking in at a hotel, eating, and preparing to resume duty at the conclusion of the sleep opportunity." The NTSB concurs with this observation6 and notes that the final rule should be consistent with the guidance contained in the draft AC. Therefore, the NTSB strongly encourages an increase in the duration of the required rest period to accommodate an opportunity for 8 hours of sleep. Joint Responsibility for Fatigue Mitigation and Fatigue Education The NPRM states clearly that effective fatigue mitigation in aviation requires individual responsibility at the pilot level and corporate responsibility at the air carrier level. The NTSB agrees and, based on findings from accident investigations and the reality of the aviation system, recognizes that effective actions and coordination among pilots, airlines, and regulators must occur to effectively address fatigue issues. Furthermore, the NPRM would enable a flight crewmember to self-report as too fatigued to continue working an assigned flight duty period and prohibit the certificate holder from allowing the flight crewmember to continue. The NTSB supports this element of the proposed rule, which, if adopted, would likely satisfy the intent of Safety Recommendations A-08-19 and A-08-20 for Part 121 operations. The NPRM addresses commuting as a fitness for duty issue, and the associated guidance material contains information about responsible commuting. Although the NTSB agrees in part with this perspective and believes that education and training can help, it also is steadfast in its belief that the concept of joint responsibility applies equally to commuting. If implemented, the NPRM's treatment of commuting-related fatigue risks would not meet the intent of Safety Recommendation A-10-16, because this recommendation advocates going beyond guidance to helping an individual commuting pilot obtain adequate rest; Safety Recommendation A-10-16 also addresses the need for operators to identify pilots who commute, use scheduling practices to minimize fatigue in commuting pilots, and develop or identify rest facilities for commuting pilots. While the NTSB acknowledges the difficulty in identifying a regulatory solution for commuting hazards at the individual level, steps can be taken at the company level without undue regulatory burden and that would be consistent with the level of company action called for in other areas of the NPRM. The NTSB strongly encourages the FAA to ensure that the final rule's treatment of commuting incorporates company level responsibilities reflected in Safety Recommendation A-10-16, including the identification of pilots with challenging commutes and provision of mitigating measures. The NPRM also proposes requiring a fatigue education and training program for all flight crewmembers, employees involved in the operational control and scheduling of flight crewmembers, and personnel having management oversight of these areas. The NTSB strongly supports this concept and believes it to be consistent with earlier NTSB recommendations advocating the need for fatigue education among flight crewmembers.9 In addition, this concept is among the foundational elements of an effective FRMS. The NTSB notes that the required course content addresses a broad range of fatigue causation factors, countermeasures, and mitigation strategies and is encouraged that the draft AC on fatigue training supporting this NPRM contains a discussion about medically based sleep disorders, such as obstructive sleep apnea, that can affect a crewmember's ability to receive adequate sleep. However, the NPRM does not sufficiently address identifying and treating medically based sleep disorders such as obstructive sleep apnea, and the NTSB encourages the FAA to consider Safety Recommendations A-09-61 through -63 in the guidance associated with this NPRM. Additionally, the NTSB believes that training conducted under this proposed rule should also consider personal strategies that have been scientifically demonstrated to be effective for maintaining alertness and performance on the flight deck (for example, strategic napping) and that the draft AC supporting this training should also be modified to address specific methods that crews can use to maintain alertness on the flight deck. Fatigue Risk Management Systems and Data Collection The NTSB is encouraged by the proposed rule's recognition of FRMS as a way for both operators and the FAA to make informed decisions about operator-specific exemptions to the rule to address unique operational challenges. NTSB safety recommendations on FRMS, which are on the NTSB's Most Wanted List of Transportation Safety Improvements, have asked for the development of FRMS guidance for operators, as well as a methodology for the FAA to evaluate the effectiveness of these systems. The NPRM references the development of AC 120-103, "Fatigue Risk Management Systems for Aviation Safety," which is intended to help operators develop and implement FRMS and is largely consistent with the intent of Safety Recommendation A-08-44. However, because the NPRM states that operators would only be required to implement an FRMS when they are seeking exemptions to the rules, the NTSB is concerned that the FAA's proposed implementation of FRMS is too narrow. Operators not seeking exemptions could benefit from the synergistic advantages of fatigue risk mitigation provided by an FRMS closely coupled with effective flight and duty time regulations, and, as noted in AC 120-103, there may also be economic benefits to implementing these systems. As recommended in Safety Recommendation A-08-45, the FAA should continue to pursue the development and use of a methodology to continually assess the effectiveness of FRMS. Independent of the concept of FRMS, the proposed rule requires operators to provide regular submissions of schedule data and maintain data on fitness-for-duty reporting. The NTSB notes that collection and analysis of these data will be critical to ensuring that the proposed rule has the intended effect and will allow both the industry and the FAA to identify the need for adjustments. Moreover, the continual assessment of system operation in this manner is an integral component of current data-driven feedback approaches to safety management, such as safety management systems (SMS) and FRMS. If the proposed rule becomes final, both the industry and the FAA must commit to more than rote data collection and ensure that these data are thoroughly evaluated to ensure that any unforeseen fatigue hazards are identified, understood, and corrected. Summary Observations The NTSB's review of the NPRM suggests that, if adopted, the proposed rule will provide substantial benefits towards reducing the hazards associated with flight crew fatigue in Part 121 operations. As noted previously, the FAA chose to limit the scope of the NPRM, and therefore it does not specifically address Part 135 and Part 91 subpart K (fractional ownership) operations, which the NTSB has cited in related safety recommendations, or other safety critical personnel involved in air carrier operations. However, the NPRM does state that a proposal to address Part 135 operations may be forthcoming after the final rule for Part 121 is adopted. Although these areas are outside the scope of the current NPRM, the methodology the FAA used to develop the current NPRM should serve as a strong foundation for swiftly initiating regulatory efforts to address these other areas of concern, including NTSB recommendations pertaining to other safety critical personnel. The NTSB believes that time is of the essence to finalize the rule for Part 121 operations based on this NPRM. The record of accidents clearly shows that fatigue has caused, contributed to, or been identified as a safety issue in multiple accidents involving Part 121 operators. Many of these accidents have occurred since the FAA's last attempt in 1995 to enact rulemaking that would have addressed flight time and duty time issues-an effort that was eventually terminated with no change to the regulations. We are hopeful that, with stakeholder support, the legacy of the current inclusive and scientifically based rulemaking effort will be far more positive and sustained, as the traveling public, crewmembers, and air carriers must not continue to endure the significant human loss of life and financial costs resulting from continued accidents involving fatigue. The NTSB appreciates the opportunity to comment on this NPRM.

From: NTSB
To: FAA
Date: 12/29/2009
Response: The FAA described a number of its current activities and initiatives related to flight crew fatigue. Of particular relevance to these recommendations, on July 15, 2009, the FAA established the Flight and Duty Time Limitations and Rest Requirements Aviation Rulemaking Committee (ARC). The ARC developed recommended rulemaking on flight time limitations, duty period limits, and rest requirements for pilots operating under Parts 121 and 135. On September 1, 2009, the ARC submitted its recommendations, which the FAA is currently evaluating and intends to publish as a notice of proposed rulemaking (NPRM) in early 2010. After many years of inaction, the FAA now appears to be on the verge of taking the actions recommended. If the NPRM addresses the issues raised in Safety Recommendations A-94-194, A-95-113, and A-06-10, it will represent considerable progress The NTSB notes the aggressive schedule the FAA has proposed for publishing the NPRM, but we have not been informed of specific revisions that the NPRM will include, so we are unable to determine as yet whether these proposed revisions would fully satisfy Safety Recommendations A-94-194, A-95-113, and A-06-10. Accordingly, pending publication of an NPRM proposing to mandate the actions recommended, Safety Recommendations A 94 194, A 95 113, and A 06 10 remain classified OPEN -- UNACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 9/9/2009
Response: Letter Mail Controlled 9/15/2009 4:02:14 PM MC# 2090585: - From J. Randolph Babbitt, Administrator: Over the past year the Federal Aviation Administration has worked with three major airlines, employee groups, and other industry organizations to develop an operations specification that requires a fatigue risk management approach to mitigating fatigue for flights that exceed 16 hours. The work done by these groups highlighted not only the need for using fatigue risk management principles in ultra long range flights, but other commercial flight operations. The FAA also held a 3-day fatigue symposium that presented the most current scientific knowledge of fatigue in aviation. The symposium was attended by over 300 industry personnel who are involved in managing fatigue in commercial flight operations. The information contained in the symposium is the cornerstone for the FAA's efforts to apply the latest science to aviation fatigue and alertness. The FAA has developed a plan that includes: Publishing the fatigue symposium proceedings; Developing an Advisory Circular (AC), Fatigue in Aviation Operations; Collecting and analyzing crewmember fatigue data during actual flight operations; Providing guidance for determining adequate rest periods; Developing an AC that provides guidance for including a Fatigue Risk Management System within air carriers' Safety Management Systems; and Developing a notice of proposed rulemaking (NPRM) on flight time limitations, duty period limits and rest requirements for pilots in operations under parts 121 and 135. The FAA recognizes that the effects of fatigue are universal, and the profiles of operations occurring under parts 121 and 135 are similar enough that the same fatigue mitigations should be applied across operations for flightcrew members. On July 15, 2009, the FAA established the Flight and Duty Time Limitations and Rest Requirements Aviation Rulemaking Committee (ARC). The ARC developed recommendations regarding rulemaking on flight time limitations, duty period limits and rest requirements for pilots in operations under parts 121 and 135 to: Consolidate and replace existing regulations for parts 121 and 135; Apply current fatigue science and information on fatigue; Address the development of fatigue risk management systems; and Harmonize with international fatigue mitigation initiatives. The ARC submitted its recommendations, in the form of a draft NPRM, which we are currently evaluating. We plan to publish the NPRM in December 2009.

From: NTSB
To: FAA
Date: 6/17/2008
Response: Safety recommendation A-06-010 was reiterated by the issuance of safety recommendations A-08-40 thru 43, which addresses the April 12, 2007 accident of a Bombardier/Canadair Regional Jet (CRJ) CL600-2B19, N8905F, operated as Pinnacle Airlines flight 4712, which ran off the departure end of runway 28 after landing at Cherry Capital Airport (TVC), Traverse City, Michigan.

From: NTSB
To: FAA
Date: 11/9/2006
Response: Although the FAA acknowledges that hours-of-service and fatigue are high priority issues in all transportation modes, and that the FAA has attempted for many years to develop more effective rules for use in aviation, the FAA does not describe any activities in progress or planned to address Part 121. For Part 135, the FAA indicates that an aviation rulemaking committee (ARAC) has completed some promising work to simplify hours-of-service practices. The FAA has not yet decided, however, whether this will result in explicit rule language regarding hours of service, but may include these changes as part of its comprehensive Part 135 revision/update rulemaking project. The Safety Board is disappointed that the FAA does not have any plans for addressing flight hours-of-service and fatigue for Part 121 regulations, and that while there may be some promising work done for Part 135 by the FAA's ARAC, the FAA is unsure of whether these changes will be included in the comprehensive Part 135 revisions that are planned. In addition, although the FAA has described this work as promising, the FAA has not provided details about the possible improvements. Pending the FAA's taking the recommended action, Safety Recommendation A-06-10 is classified OPEN -- UNACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 5/31/2006
Response: Letter Mail Controlled 6/13/2006 10:06:23 AM MC# 2060284: - From Marion C. Blakey, Administrator: 5/31/06 Hours-of-service and fatigue are high priority issues in all transportation modes. The FAA has attempted for many years to develop more effective rules for use in aviation. In 14 CFR Part 135, some promising work that would simplify hours-of-service practices has been accomplished by the aviation rulemaking committee reviewing that rule. Whether that work will culminate in explicit rule language regarding hours-of-service will become clearer over the next 2 years as the sweeping rule changes in 14 CFR Part 135 are developed.

From: NTSB
To: FAA
Date:
Response: At the 1990 Board meeting addressing the NTSB’s Most Wanted List of Transportation Safety Improvements (MWL), the Board voted to place Safety Recommendations I-89-1 through I-89-3 and R-89-19 on the MWL under the issue category “Cross Modal Human Fatigue/ Hours-of-Work Policy.” Safety Recommendations H-95-1, A-94-194, A-95-113, A-97-71, A-99-45, I-99-1, H-99-19, R-91-45, R-91-47, R-91-48, R-96-20 through R-96-22, R-96-56, R-99-2, P-98-30, P-99-12, M-99-1, A-06-10, A-07-30, A-07-32, and A-08-44 were added to this category at later dates.