Claims The Organization Did Not Meet Agency's Requirements

The FAA has issued an order immediately rescinding the authority it had granted to The Collings Foundation to conduct Living History flights in its classic WWII aircraft.

The FAA had granted such relief in Exemption No. 6540 and extended this relief for successive two year periods. The most recent exemption the FAA issued was Exemption No. 6540P, on March 22, 2018. This decision also denies the petitioner’s request for extension and amendment, submitted on August 29, 2019, and supplemented on November 8, 2019.

According to the recision order, the relief was granted in conjunction with specific conditions and limitations with which Collings was required to comply.

On October 2, 2019, Collings operated a Boeing B-17G (registration number N93012, serial number 32264) under Exemption 6540P in Windsor Locks, Connecticut, during which it undertook an emergency landing and crashed, causing a fire and resulting in fatal injuries to five passengers and two crewmembers onboard the aircraft. Findings from the accident investigation establish that 13 persons were onboard the aircraft at the time of the accident. No seat with a seatbelt on the aircraft existed for the Collings Foundation Crew Chief.

Based on a review of the relevant records and other evidence, the FAA has determined Collings was not fulfilling several requirements of the exemption. Condition and Limitation No. 4 of the exemption states, “[i]n order to participate in Collings’ program and operations, persons must initially, and on an ongoing annual basis, receive training appropriate to their position on the contents and application of Collings’ manual system, safety and risk management program, and the conditions and limitations set forth in this exemption.”

Similarly, Condition and Limitation No. 7 provides as follows:

• Collings must document and record all ground and flight training and testing. The documentation and records must contain, at minimum, the following information:
• Date of each training or testing session;
• The amount of time spent for each session of training given;
• Location where each session of training was given;
• The airplane identification number(s) in which training was received;
• The name and certificate number (when applicable) of the instructor who provided each session of training;
• The name and certificate number of the pilot who provided each session of testing; and
• For verification purposes, the signature and printed name of the person who received the training or testing.

While Collings produced some training records for maintenance personnel and pilots, the evidence indicates that Collings did not train the crew chief who was onboard the B-17G that was involved in the accident on October 2, 2019. The applicable General Operations Manual states that crew chiefs are assigned to every passenger flight aboard the B-17, B-25, and B-24. Crew chiefs must assist the flightcrew with duties as assigned during each flight. Such duties include, but are not limited to, assisting flightcrew with checklists and handling emergencies, as well as assisting flightcrew and maintenance personnel in preparation for each flight and helping with ground operations and ramp safety. See Collings Foundation LHFE General Operations Manual at 15 (rev. 1.2, Sept. 10, 2017).

The evidence establishes Collings did not comply with its Safety Management System (SMS) program. First, the crew chief Collings employed stated he was unaware that a safety and risk management program existed. This absence of awareness and lack of training establishes that Collings failed to maintain and apply on a continuous basis a safety and risk management program that met or exceeded the criteria specified in the FAA Policy. Moreover, the Collings Safety Management System Manual states that hazards should be identified and corrected as a matter of daily routine because identifying and eliminating or mitigating hazards is essential to preventing accidents, incidents, and injuries. See SMS Manual at 10, ¶ 6.1 (rev. 1.2, Sept. 10, 2017).

This decision also responds to the petitioner’s request, dated August 22, 2019, to amend and extend Exemption No. 6540P. The relief provided by Exemption No. 6540P is described above. The petitioner requests to extend this relief and to add an additional B-25 aircraft to the exemption for operations beginning in January 2020. Moreover, on November 8, 2019, Collings submitted an additional request to the FAA, in which Collings sought to add another B-17 to exemption 6540P.

(Source: FAA. Image from file)

FMI: Full decision