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Safety Recommendation Details

Safety Recommendation A-95-147
Details
Synopsis: vON 12/14/94, ABOUT 1146:23 PACIFIC STANDARD TIME (PST), A PHOENIX AIR GROUP, INC. (PHOENIX AIR) LEARJET 35A, REGISTRATION N521PA, CRASHED IN FRESNO, CALIFORNIA. OPERATING UNDER THE CALL SIGN DART 21, THE FLIGHTCREW HAD DECLARED AN EMERGENCY INBOUND TO FRESNO AIR TERMINAL DUE TO ENGINE FIRE INDICATIONS. THEY FLEW THE AIRPLANE TOWARD A RIGHT BASE FOR THEIR REQUESTED RUNWAY, BUT THE AIRPLANE CONTINUED PAST THE AIRPORT. THE FLIGHTCREW WAS HEARD ON FRESNO TOWER FREQUENCY ATTEMPTING TO DIAGNOSE THE EMERGENCY CONDITIONS & CONTROL THE AIRPLINE UNTIL IT CRASHED, WITH LANDING GEAR DOWN, ON AN AVENUE IN FRESNO. BOTH PILOTS WERE FATALLY INJURED. TWENTY-ONE PERSONS ON THE GROUND WERE INJURED, & 12 APARTMENT UNITS IN 2 BUILDINGS WERE DESTROYED OR SUBSTANTIALLY DAMAGED BY IMPACT & FIRE.
Recommendation: THE NTSB RECOMMENDS THAT THE DOD: CENTRALIZE CONTRACTUAL OVERSIGHT FOR SAFETY FOR ALL DOD COMPONENTS USING CONTRACTED AIRCRAFT SERVICES.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Aviation
Location: FRESNO, CA, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA95MA007
Accident Reports: Crash during Emergency Landing Phoenix Air Learjet 35A, N521PA
Report #: AAR-95-04
Accident Date: 12/14/1994
Issue Date: 12/15/1995
Date Closed: 3/20/1997
Addressee(s) and Addressee Status: United States Department of Defense (Closed - Acceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: United States Department of Defense
Date: 3/20/1997
Response: IN GENERAL, THOSE MINIMUM STANDARDS REQUIRE THE CONTRACT OPERATORS TO REMAIN UNDER FAA REGULATORY & SAFETY OVERSIGHT WHEN PERFORMING THE MISSION FOR THE DOD. THESE POLICIES WERE EFFECTIVE IMMEDIATELY FOR ALL DOD COMPONENTS, INCLUDING NATIONAL GUARD & RESERVE COMPONENTS. THE MEMORANDUM ALSO REQUIRED THAT ALL COMPONENTS ENSURE THAT THEIR DIRECTIVES, REGULATIONS, & IMPLEMENTING PROCEDURES GOVERNING THE ACQUISITION OF COMMERCIAL AIR SERVICES BE REVISED TO ENSURE FULL COMPLIANCE WITH THE PROVISIONS OF THE POLICY MEMORANDUM. IN VIEW OF THESE ACTIONS TO CENTRALIZE RESPONSIBILITY FOR OVERSIGHT OF CONTRACT DOD AIRCRAFT WITHIN THE FAA, & THE DOD'S ASSURANCE THAT THE POLICY MEMORANDUM WAS DEVELOPED DURING DISCUSSIONS WITH THE FAA, THE BOARD CLASSIFIED A-95-147 "CLOSED--ACCEPTABLE ACTION."

From: United States Department of Defense
To: NTSB
Date: 12/3/1996
Response: THE DOD'S POLICY STATES THAT ANY CONTRACTOR WISHING TO DO BUSINESS WITH THE DOD MUST HAVE FEDERAL AVIATION ADMINISTRATION (FAA) CERTIFICATION FOR THE LENGTH OF THE CONTRACT. THE IMPLEMENTATION OF THIS POLICY DRAWS CLEAR LINES OF RESPONSIBILITY FOR SAFETY OVERSIGHT & ACCIDENT INVESTIGATION. THROUGH THIS POLICY THE DOD WILL ENJOY FAA SAFETY OVERSIGHT OF AIRCRAFT LEASED BY THE DOD & EXPERTISE OF THE NTSB TO INVESTIGATE ANY MISHAP. WE BELIEVE THIS POLICY WILL RESULT IN MAINTAINING THE HIGHEST LEVEL OF AIRCRAFT OPERATING SAFELY.

From: NTSB
To: United States Department of Defense
Date: 5/16/1996
Response: THE BOARD NOTES THAT THE DOD IS CURRENTLY COORDINATING COMMON INTERSERVICE CONTRACTING LANGUAGE & THAT THIS LANGUAGE WILL MAKE IT DOD POLICY THAT, EXCEPT IN EXTRAORDINARY CASES, AIRCRAFT UNDER CONTRACT TO THE DOD MUST BE RETAINED ON THE CARRIER'S CERTIFICATE & THE CARRIER'S OPERATING SPECIFICATIONS. ALSO, THIS POLICY WILL ENSURE THAT ALL AIRCRAFT OPERATIONS, MAINTENANCE, & MODIFICATIONS ARE INSPECTED BY THE FAA. THE BOARD BELIEVES THAT IT IS ESSENTIAL THAT THE FAA IS MADE AWARE OF THIS POLICY CLARIFICATION & , MOST IMPORTANTLY, OF EACH INSTANCE OF REQUIRED CONTINUED FAA OVERSIGHT & INSPECTION RESPONSIBILITY FOR CONTRACTED AIRCRAFT. PENDING WRITTEN RECEIPT OF ASSURANCE THAT THIS CLARIFICATION OF POLICY, SPECIFICALLY THAT THE DOD EXPECTS & WELCOMES CONTINUED FAA OVERSIGHT & INSPECTION OF DOD CONTRACTED AIRCRAFT, IS CONVEYED TO THE FAA, THE BOARD CLASSIFIES A-95-147 "OPEN--ACCEPTABLE RESPONSE."

From: United States Department of Defense
To: NTSB
Date: 3/18/1996
Response: THE CRASH IN FRESNO CALIFORNIA OF A PHOENIX AIR GROUP INC. (PHOENIX AIR) LEAR 35A & SUBSEQUENT LOSS OF LIFE & PROPERTY IS TRULY A TRAGEDY. THE FINDINGS OF THE NTSB UNDERSCORE THE NEED FOR COMPETENT INSPECTION OF AIRCRAFT MODIFICATIONS TO INSURE THE SAFETY OF OUR SKIES. WHILE DOD EXERCISES OVERSIGHT FOR AIRCRAFT UNDER CONTRACT TO DOD, THESE SAFETY SURVEYS DO NOT REACH THE LEVEL OF DETAIL AS DO THE INSPECTIONS CONDUCTED BY THE DOT THROUGH THE FAA. THE EXERCISE TO INSPECT AIRFRAMES FOR COMPLIANCE WITH FAA CERTIFICATION IS RESIDENT IN THE FAA AIRCRAFT CERTIFICATION INSPECATION PROGRAM. DOD SURVEYS CARRIERS PROVIDING AIR TRANSPORTATION OF PEOPLE & CARGO. CONTRACTS WITH THE DOD FOR COMMERICAL AIR SERVICES DO NOT EXEMPT AIR CARRIERS FROM FAA SAFETY STANDARDS AS OUTLINES IN 14 CODE OF FEDERAL REGULATIONS PART 91,121,& 135. THE DOD IS CURRENTLY COORDINATING COMMON INTERSERVICE CONTRACTING LANGUAGE. THIS LANGUAGE WILL MAKE IT DOD POLICY THAT, EXCEPT IN EXTRAORDINARY CASES, AIRCRAFT UNDER CONTRACT TO THE DOD MUST BE RETAINED ON THE CARRIERS CERTIFICATE & OPERATING SPECIFICATIONS. THIS POLICY WILL ENSURE ALL AIRCRAFT OPERATIONS, MAINTENANCE & MODIFICATIONS ARE INSPECTED BY THE FAA WHO IS THE COMPETENT FEDERAL AGENCY. THIS POLICY CHANGE WILL INSURE CONTRACTORS CLEARLY UNDERSTAND THEIR RESPONSIBILITY FOR SAFETY & THAT THEY MUST COMPLY WITH FAA STANDARDS FOR AIRCRAFT CERTIFICATION, AIR CREW QUALIFICATION & MAINTENANCE OPERATIONS IN ORDER TO BE ELIGIBLE TO DO BUSINESS WITH THE DOD.