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Safety Recommendation Details

Safety Recommendation A-08-040
Details
Synopsis: On April 12, 2007, about 0043 eastern daylight time, a Bombardier/Canadair Regional Jet (CRJ) CL600-2B19, N8905F, operated as Pinnacle Airlines flight 4712, ran off the departure end of runway 28 after landing at Cherry Capital Airport (TVC), Traverse City, Michigan. There were no injuries among the 49 passengers (including 3 lap-held infants) and 3 crewmembers, and the aircraft was substantially damaged. Weather was reported as snowing. The airplane was being operated under the provisions of 14 Code of Federal Regulations (CFR) Part 121 and had departed from Minneapolis-St. Paul International (Wold-Chamberlain) Airport (MSP), Minneapolis, Minnesota, about 2153 central daylight time (CDT). Instrument meteorological conditions prevailed at the time of the accident.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Emphasize with principal operations inspectors the importance of conducting timely postaccident drug and alcohol testing.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Aviation
Location: Traverse City, MI, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA07FA037
Accident Reports: Runway Overrun During Landing Pinnacle Airlines Flight 4712 Bombardier/Canadair Regional Jet CL600-2B19, N8905F
Report #: AAR-08-02
Accident Date: 4/12/2007
Issue Date: 6/17/2008
Date Closed: 9/6/2018
Addressee(s) and Addressee Status: FAA (Closed - Acceptable Action)
Keyword(s): Alcohol

Safety Recommendation History
From: NTSB
To: FAA
Date: 9/6/2018
Response: We note that you have included additional guidance in Order 8900.1, “Flight Standards Information Management System (FSIMS),” that emphasizes to POIs the importance of conducting timely postaccident drug and alcohol testing. We believe that this guidance, along with the questions and answers that you previously included in the “Frequently Asked Questions” section of your website, will raise awareness among POIs and employers regarding postaccident drug and alcohol testing requirements. Accordingly, Safety Recommendation A-08-40 is classified CLOSED--ACCEPTABLE ACTION.

From: FAA
To: NTSB
Date: 2/23/2018
Response: -From Daniel K. Elwell, Acting Administrator: As stated in our previous responses to this recommendation. the Federal Aviation Administration (FAA) planned to update FAA Order 8900. 1. flight Standards Information Management System. After our review of the 8900. I guidance, we published the following changes to Volume 7, Chapter l, Section I on September 27, 2017: • In Paragraph 7-4, Paragraph A, References. we included additional drug and alcohol references to both 14 CFR Part 120, and FAA Order 8900.1, Volume 6, Chapter I, Section 6 (Alcohol or Drug Testing of Flight Crewmembers) to illustrate other 8900.1 guidance documents that arc referenced with the publication of the revisions: • In Paragraph 7-10. Principal Inspector (PI) Notification and Involvement, we amended wording to convey timeliness and notification of commercial operators stating that the PI will also notify the certificate holder or commercial operator to ensure that they comply with their drug and alcohol testing program to accomplish post-accident drug and alcohol testing of the pilots as soon as possible; and • In Paragraph 7-11, Accident Notification, we added wording that states for a non-commercial operator the FAA may only obtain a drug and/or alcohol test by asking the state or local law enforcement officers participating in the investigation to request such a test of the pilot(s) if deemed appropriate. The PI is responsible for notifying the FAA ·s Office of Aerospace Medicine of an airman who has a positive drug test result, alcohol violation, or a refusal to submit to testing on a test administered by law enforcement personnel. These changes may be viewed at the following Web site: http://fsims.faa.gov/. Additionally, as we reported in our letter dated August 24, 2012, we included new questions and answers in the Frequently Asked Questions (FAQ) section of our Web site to raise employer awareness regarding post-accident drug and alcohol testing requirements. The FAQs can be found at the following Web site: https://faa.custhelp.com/app/answers/ list/c/96.10 I /search/I. Based on the actions noted above, I believe the FAA has effectively addressed this safety recommendation and consider our actions complete.

From: NTSB
To: FAA
Date: 11/13/2012
Response: The FAA is currently updating Order 8900.1, “Flight Standards Information Management System (FSIMS),” with the current policy regarding postaccident drug and alcohol testing requirements. Order 8900.1 provides guidance to POIs on the conduct of their duties. The FAA also included new questions and answers in the “Frequently Asked Questions” section of its website to raise employer awareness regarding postaccident drug and alcohol testing requirements. Pending issuance of the revisions to FAA Order 8900.1, Safety Recommendation A-08-40 remains classified OPEN—ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 8/24/2012
Response: -From Michael P. Huerta, Acting Administrator: To address this recommendation, the Federal Aviation Administration (FAA) is in the process of updating Order 8900.1 , Flight Standards Information Management System (FSIMS), with current policy regarding post-accident drug and alcohol testing requirements to its aviation safety inspectors, including principal operations inspectors. The change to FAA Order 8900.1 is in coordination and the FAA anticipates publication of the update in late 2012. The FAA included new questions and answers in the "Frequently Asked Questions" section of its Web site to raise employer awareness regarding post-accident drug and alcohol testing requirements. These quest ions can be found online at faa.custhelp.com. Once on the page: • Click "Advanced Search" above the search field; • Select “Medical" under " Limit by Category"; • Select "Drug and Alcohol Testing"; • Click "Ok"; and • Enter "accident" in the "Search Terms" field, click "Search." I will keep the Board informed of the FAA's progress on this safety recommendation and provide an update by January 2013.

From: NTSB
To: FAA
Date: 11/23/2010
Response: CC# 201000326/ NMC 103469: On August 25, 2008, the FAA indicated that it was updating Order 8900, “Flight Standards Information Management System,” to reflect current drug and alcohol testing regulations and to encourage aviation safety inspectors to report to the FAA’s Drug Abatement Division a certificate holder’s failure to conduct timely drug and alcohol testing. Additionally, the FAA planned to update the frequently asked questions (FAQ) portion of its website to highlight postaccident drug and alcohol testing requirements. On July 8, 2009, the NTSB classified Safety Recommendation A-08-40 OPEN -- ACCEPTABLE RESPONSE, pending our receipt of the revisions to Order 8900.1 and to the FAQs included in the online materials. The FAA has not supplied this information in the 2 years that have elapsed since the FAA’s previous letter, but, during that time, the NTSB has continued to investigate accidents and incidents for which timely postevent drug and alcohol testing has not been performed.

From: NTSB
To: FAA
Date: 7/8/2009
Response: The NTSB notes that, in order to highlight the importance of conducting timely postaccident drug and alcohol testing, the FAA plans to update Order 8900.1, Flight Standards Information Management System. The updated order will reflect the current drug and alcohol testing regulations and will encourage aviation safety inspectors to report any information regarding a certificate holder’s failure to comply with postaccident drug and alcohol testing regulations to the FAA’s Drug Abatement Division. The NTSB further notes that the FAA plans to include a new question and answer in the Frequently Asked Questions section of its website to raise employer awareness regarding postaccident drug and alcohol testing requirements. Pending our receipt and review of the FAA’s updated Order 8900.1 and the additional online guidance material, both of which should emphasize the importance of conducting timely postaccident drug and alcohol testing, Safety Recommendation A-08-40 is classified OPEN -- ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 8/25/2008
Response: Letter Mail Controlled 9/3/2008 10:33:07 AM MC# 2080532: - From Robert A. Sturgell, Acting Administrator: FAA, 8/25/08 The Federal Aviation Administration recognizes the importance of conducting timely post-accident drug and alcohol testing. All aviation safety inspectors (ASIs), along with industry, should understand that an employee must be tested for probable drug and alcohol use when a determination is made that an employee's performance: 1. Contributed to an accident; or 2. Cannot be completely discounted as a contributing factor to an accident. To emphasize the post-accident requirements with the FAA's ASIs, we are updating FAA Order 8900.1, Flight Standards Information Management System, to reflect the applicable drug and alcohol testing regulations and to request ASIs remind certificate holders of their regulatory requirement for post-accident drug and alcohol testing. It will also encourage ASIs to share any information of a certificate holder's failure to comply with the post-accident drug and alcohol testing regulations with the FAA's Drug Abatement Division. As additional guidance to the industry, we plan to include a new question and answer within the Frequently Asked Questions section of our Web site highlighting post-accident drug and alcohol testing requirements for employers. The FAA will provide a further response by March 31, 2009. I will keep the Board informed of the FAA’s progress on this safety recommendation.