[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Notices]
[Pages 43483-43484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16518]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Runway Incursion Information Evaluation Program
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of program renewal.
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SUMMARY: This document announces the renewal and expansion for a 24-
month period of the Runway Incursion Information Evaluation Program
(RIIEP) for the purpose of gathering further information about the
causal factors of runway incursions and surface incidents through in-
depth interviews of pilots or maintenance technicians involved in such
events. This document expands the collection of information under the
RIIEP to include surface incidents as defined in this document.
Additionally, this document states the FAA's policy concerning
enforcement-related incentives for pilots and maintenance technicians
to encourage them to participate in the program, and the FAA's policy
concerning the use for enforcement purposes of information provided by
pilots and maintenance technicians under the program.
DATES: The program is in effect from August 19, 2004 through July 20,
2006.
FOR FURTHER INFORMATION CONTACT: Will Swank, AVR/AFS Representative,
Office of Runway Safety and Operational Services, Federal Aviation
Administration, 490 L'Enfant Plaza, Suite 7225, Washington, DC 20024;
Telephone (202) 385-4776; E-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
One of the FAA's top safety priorities is to prevent runway
incursions.\1\ To help achieve this goal, the FAA has implemented
several initiatives to reduce runway incursions through enhanced
education and training of pilots and maintenance technicians, and by
gathering and evaluating data on the causes of runway incursions and
surface incidents.\2\
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\1\ Runway Incursion is defined as ``any occurrence in the
airport runway environment involving an aircraft, vehicle, person,
or object on the ground that creates a collision hazard or results
in a loss of required separation with an aircraft taking off,
intending to take off, landing, or intending to land.'' Runway
incursions are identified and tracked at towered airports (those
airports with an operating FAA or contract tower).
\2\ Surface incidents, for the purpose of the RIIEP, are defined
as only those incidents where an aircraft operated by a pilot or
maintenance technician taxiing enters a runway safety area without a
clearance but another aircraft was not present.
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The Flight Standards Service ordinarily is immediately aware of all
reported surface incidents because it is notified by the Air Traffic
Organization. However, often the FAA knows little about why the
reported incident happened or the factors and events that led to it.
Accordingly, in March 2000, the FAA implemented the Runway Incursion
Information and Evaluation Program (RIIEP) for a period of 1 year.
Through the RIIEP the FAA sought information about runway incursions by
interviewing pilots involved in such events. Under the original RIIEP,
pilots involved in runway incursions who cooperated with FAA inspectors
by providing information about the incident were generally not
subjected to punitive legal enforcement action for an apparent
violation involving the incursion. We expected the pilot to share
valuable safety information that would help us identify the cause of
the runway incursion in which the pilot was involved. We wanted this
information to determine root causes of runway incursions and to
develop effective corrective actions to help reduce or eliminate this
problem.
Over the course of a year, the RIIEP produced new information about
some causes of runway incursions. The program showed promise as a
useful tool for gathering information to develop strategies to prevent
runway incursions. The FAA learned, however, that we needed to change
certain processes to make the RIIEP a more effective program. In
particular, we needed a more extensive interview questionnaire to give
us detailed information that could help us determine the root causes of
runway incursions more directly. In addition, we needed an improved
method for processing information collected under the RIIEP. With these
changes, the FAA believes the RIIEP could be a much more effective
program for analyzing the causes of runway incursions and surface
incidents, particularly the human factors aspects of those causes.
Accordingly, we have modified the RIIEP and decided to renew the
program for 24 months. Ninety days before the end of this period, the
FAA will evaluate the RIIEP to determine whether the program is
providing valuable safety information and whether we should continue
the program or let it expire.
Renewed Runway Incursion Information and Evaluation Program
Under the renewed RIIEP, any pilot or maintenance technician
taxiing an aircraft involved in an apparent runway incursion or surface
incident may expect to be contacted by an FAA inspector within a few
days after the incident. The inspector will inform the pilot or
maintenance technician that participation in the RIIEP interview
process is voluntary. The inspector may conduct the interview in person
or by telephone.
The Flight Standards Service has developed standardized RIIEP
interview questionnaires, one for pilots and one
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for maintenance technicians, from which the inspector will ask the
pilot or maintenance technician questions. To get complete information
about the runway incursion or surface incident for analysis and to
implement future preventive measures, the inspector will also encourage
pilots and maintenance technicians to provide additional comments to
the inspector. The inspector will record any comments in the RIIEP
questionnaire ``comments section.'' These comments may be on anything
about the event and may range from general to specific.
RIIEP Enforcement Policy
The FAA opens an enforcement investigation when it receives a
report of a pilot deviation or a vehicle or pedestrian deviation, which
are categories of runway incursion or surface incidents that involve
possible regulatory violations by a pilot or maintenance technician. If
the investigation reveals a violation of the FAA's regulations, the
pilot or maintenance technician is subject to a legal enforcement
action (certificate action or civil penalty). However, as an incentive
to encourage participation in the RIIEP, for airmen who cooperate and
provide detailed information regarding the deviation, the FAA plans to
forgo punitive legal enforcement actions (certificate suspension for a
fixed period or civil penalty), and instead use administrative action
\3\ or counseling \4\, which involve no finding of violation, provided:
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\3\ An administrative action is either a warning notice or
letter of correction, which is generally issued when remedial
training is taken.
\4\ Counseling is an action carried out under the guidance of
the FAA's Aviation Safety Program, which is a program designed to
promote safety and technical proficiency by providing guidance and
support for the aviation community through education and cooperative
efforts.
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1. The nature of the apparent violation does not indicate that a
certificate holder lacks qualification to hold a certificate;
2. The apparent violation was inadvertent, that is, it was not the
result of purposeful conduct;
3. The apparent violation was not a substantial disregard for
safety or security;
4. The apparent violator has a constructive attitude toward
complying with the regulations; and
5. The apparent violation does not indicate a trend of
noncompliance.
In certain cases, the FAA may determine an airman should complete
corrective action to help prevent another runway incursion or surface
incident, such as remedial training. Such corrective action is
voluntary; however, refusal by the pilot or maintenance technician to
undertake it could result in punitive legal enforcement action being
taken for the apparent violation.
If an apparent violation resulting from the runway incursion or
surface incident, or the circumstances surrounding the runway incursion
or surface incident, demonstrate or raise a question of lack of
qualification of an airman, the FAA will proceed with appropriate
action. This may include reexamination, certificate suspension pending
successful reexamination, or certificate revocation.
Foreign airmen may not participate in the RIIEP.
Runway Safety Education Demonstrating a Constructive Attitude
In determining whether an apparent violator has a constructive
attitude toward complying with the regulations, FAA may consider
documentation showing the completion of an FAA-sponsored, industry-
conducted safety seminar on the subject implicated in the apparent
violation.
The FAA is sponsoring an industry-conducted Pilot and Mechanic
Runway Safety Education program available on the Internet at http://www.aopa.org/asf/runway_Safety/. We will consider successful
completion and documentation of this Runway Safety education program
favorably in determining the course of action we will take when a pilot
or maintenance technician is involved in a runway incursion or surface
incident. The Runway Safety Education program will also qualify for
credit under the Pilot Proficiency Awards (WINGS) Program or the
Aviation Maintenance Technician Awards (AMT) Program.
Using Information Provided By Pilots or Maintenance Technicians Under
the RIIEP
The FAA recognizes pilots and maintenance technicians will have
concerns that the information they provide under this program will be
used by the FAA to take legal enforcement actions against them. The
FAA, however, does not expect to use information provided by pilots or
maintenance technicians during interviews conducted by FAA inspectors
under the RIIEP in any FAA punitive legal enforcement action.
RIIEP Application Under an Approved Aviation Safety Action Programs
(ASAP)
Reports of runway incursion and surface incident events that are
accepted under an approved ASAP will be handled in accordance with
Advisory Circular (AC) 120-66, Aviation Safety Action Programs (ASAP),
as amended, and the Memorandum of Understanding between the FAA and the
certificate holder. As with ASAP, the objective of the RIIEP is to
encourage the voluntary reporting of safety information that may be
critical to identifying potential precursors to accidents.
Incorporation of the RIIEP under an approved ASAP is therefore strongly
encouraged, to include:
1. Certificate holder's participation in the RIIEP;
2. Use of the RIIEP questionnaire during the ASAP report
investigation; and
3. Compliance with FAA Order 8400.10, Volume 1, Chapter 5, Section
1, paragraph 293E concerning enforcement investigation coordination of
possible violations reported under an approved ASAP.
RIIEP Renewal
This renewal of the RIIEP will be in effect for 24 months beginning
the effective date listed above.
Issued in Washington, DC, on July 13, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-16518 Filed 7-16-04; 11:22 am]
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