Civil Aeronautics Board

“ A 1950 amendment to the Civil Aeronautics Act, for example, empowered the Secretary of Commerce, after consultation with the Department of Defense and the Civil Aeronautics Board, to define zones or areas in the airspace above the United States, its Territories, and possessions as he may find necessary in the interests of national security. The Secretary is also given authority to prohibit or restrict flights of aircraft which he cannot effectively identify, locate, and control in those areas. ”

“ Subsequent to the accident, tests on the locking system of the subject aircraft were conducted at the factory in the presence of personnel of the Civil Aeronautics Board. During these tests the system failed to operate satisfactorily in some cases. ”

“ The Civil Aeronautics Board was notified of this accident January 7, 1960, by the Federal Aviation Agency and an investigation was immediately initiated in accordance with the authority of Title VII of the Federal Aviation Act of 1958. ”

“ Examination was made of the wreckage including the engines, propellers, instruments, radio equipment, controls and other parts of the aircraft, by technical representatives of the Civil Aeronautics Board. The results of this examination showed that there was no structural or mechanical failure of the airplane prior to the time it struck the trees southeast of the airport. ”

“ However, during flight the responsibility for the safety of the ship is primarily on the pilot. A dispatcher, insofar as his control of a flight permits, must make certain that it is conducted in accordance with the Civil Air Regulations. Pertinent in this case are the regulations forbidding an air carrier aircraft from landing or taking off from any airport along the route except under weather conditions above certain ceiling and visibility minimums set forth in the weather letter of competency issued to the air carrier operator by the Civil Aeronautics Administration. ”

“ Applicant shall show that each person employed to serve a second pilot for the air carrier is possessed of at least a valid commercial pilot competency rating and before serving as second pilot in any aircraft in scheduled air transportation service shall have demonstrated to an air carrier inspector representing the Administrator or to a check-pilot of the air carrier duly authorized by the Administrator, his ability to take off and land such aircraft in which he is to serve by making at least three satisfactory take-offs and landings in each model of such aircraft. ”

“ Under Part 60 of the Civil Air Regulations, a pilot would be expected to clear his position in preparation for landing, and clear himself in each turn, should he make turns to the base leg and final approach. In the absence of a sequence and on the basis of the clearance received, it was not imprudent of the Cessna pilot to assume that the area was clear of conflicting traffic. Nevertheless, the pilot of the Cessna 140 should have observed the Aeronca L-16 as he entered the downwind leg if he had properly cleared his position as he entered. ”

“ Upon the basis of all the evidence accumulated in the investigation and at the hearing, the Board now makes its report in accordance with the provisions of the Civil Aeronautics Act of 1938, as amended. ”

“ The only one who was actually in possession of sufficient information with respect to the operation of Trip 14 was the transportation agent at West Palm Beach.
Before persons are permitted to perform the functions of an aircraft dispatcher they must have an aircraft dispatcher certificate issued by the Administrator of Civil Aeronautics, which certificates are issued only after a showing of extensive aeronautical experience and a demonstration of adequate skill through written and practical examination. ”

“ Requiring air carriers to include in operations or pilot manuals instructions setting forth the amount of power which can reasonably be taken from engines under emergency conditions; and Requiring air carriers to provide and require the use of a cockpit "check list" for each type of aircraft operated by them, and to provide appropriate instructions governing the use of such "check list" by pilots. That the Administrator indicate in the aircraft operation record for air carrier aircraft that the engine limitations therein prescribed are not applicable in the event of an emergency. ”

“ There was testimony at the hearing and depositions about whether these stability aspects were within the requirements of the Civil Air Regulations and much was made over the fact that the regulations do not address themselves to stability in the event of a mistrimmed condition or a system malfunction. ”

“ This model aircraft and its equipment had been approved by the Civil Aeronautics Authority for air carrier operation over routes flown by Pennsylvania-Central Airlines with an approved standard gross weight of 24,546 pounds. While the airplane had regular seats for 21 passengers and a crew of three, the company was authorized to carry an additional member of the crew, observer, or company employee in a jump seat located in the aisle directly behind the pilots' seats. ”

“ Applicant shall show land aircraft of model and number necessary for safe operation, or applicant may show a similar number of aircraft if the route to be flown over is such that the aircraft can, at all times, reach open water deemed suitable by the Administrator for a safe landing in the event of complete power failure. Single-engine aircraft may be operated over routes deemed by the Administrator to have suitable landing terrain. ”

“ The Aeronca was owned by the Pennsylvania wing of the Civil Air Patrol. The aircraft bore serial number 7BCM-249 and was known as an Air Force L-16A. It had a total of 1,432:05 flight hours as of September 30, 1959. The last periodic or 100-hour inspection was performed on June 6, 1959, at which time the total flight hours were recorded as 1,288:50. ”

“ Another facet of this part of the investigation was a review of the Boeing 727 flight crew training programs as conducted by the major air carriers utilizing this type aircraft. Because the several major 727 accidents which were reviewed occurred during the descent or landing position of the flight the examination of the various training programs was concentrated on the descent, approach, landing, and landing abort flight regimes. ”

“ From the foregoing, I believe you will agree that evaluation of the need for corrective action on the Boeing 727 series aircraft is well underway. I would also like to make it clear that while the attention is focused on the Boeing 727 series, our consideration will also be given to other transport aircraft. Reassessments of transport aircraft with engines mounted in the rear are presently in process and may well lead to their further improvement.
Every effort is being directed by the Agency to continuously seek improvement of crashworthiness safety features. ”

“ The Board recognizes that each wingman in a formation flight must direct his attention to the flight leader and cannot, therefore, maintain a lookout for other traffic. Because of this, it is the responsibility of the flight leader to see and avoid other aircraft and effect proper separation for his entire flight. ”

“ Any deviation can only result in a compromise of aviation safety. Airline management, too, has a heavy responsibility for devising, developing, and implementing methods and procedures designed to insure that all of their pilot personnel constantly exercise a conservative, prudent, approach to their daily work.
Probable Cause The Board determines that the probable cause of this accident was the failure of the crew to properly monitor the altimeters during a visual approach into deteriorating visibility conditions. ”

“ We recommend that FAA/CAB solicit the aid of the aviation and petroleum industry as well as government and defense agencies to provide a solution to this problem that is applicable to aircraft in service as well as new aircraft. ”

“ It was revealed during the course of the investigation that, while PCA required in the use of Douglas DC-3 airplanes a definite established cockpit procedure by which the captain and first officer checked with each other the setting of various navigation instruments and the operation of the cockpit controls, no such procedure was required by the company in the use of its Boeing Model 247D airplanes. ”

“ The provision pertinent to sovereignty over the navigable air space in the Air Commerce Act of 1926 was an assertion of exclusive national sovereignty. The convention between the United States and other nations respecting international civil aviation ratified August 6, 1946, 61 Stat. 1180, accords. The Act, however, did not expressly exclude the sovereign powers of the states. H.R.Rep.No. 572, 69th Cong., 1st Sess., p. 10. The Civil Aeronautics Act of 1938 gives no support to a different view. ”

“ On January 12, 1960, the Board recommended to the Administrator, Federal Aviation Agency, that flight recorders be installed in all new transport-type airplanes and presently operating turbine-powered transport-type airplanes. Subsequent to that date and as a result of the information gained from the flight recorder in this accident, the Board has expressed the opinion to the Administrator, Federal Aviation Agency, that recorders should also be installed and operating during the training, test, and ferry-flight operations of these air carrier airplanes. ”

“ In connection with the investigation of the accident, a public hearing was held in Washington, D. C., on September 6, 1940, through September 13, 1940. Fred M. Glass, Attorney of the Board, presided as hearing examiner, and in addition to the Members of the Board, the following personnel of the Safety Bureau of the Board participated: Jerome Lederer, Director; R. D. Hoyt, Assistant Director; Frank E. Caldwell, Chief, Investigation Division; and Paul E. Gillespie, Chief, Investigation Section. At the hearing all of the evidence available to the Board at that time was presented. ”