Decision Came After Forest Service Given Jurisdiction Over Aging Tankers

Was the US Forest Service covering its butt when it grounded 33 of its biggest, oldest aerial firefighting tankers? The Billings (MT) Gazette reports liability became a driving concern at Forest Service headquarters after the NTSB said it had jurisdiction over the privately-owned tanker fleet.

"There was certainly a concern about that, but that is not what drove the decision," Tony Kern, Forest Service assistant director of aviation management told the Gazette. "We were most concerned with the safety of the crews and the people on the ground."

But realizing just who was in charge of safety and standards for the tankers apparently came as an unwelcome surprise to Forestry officials. "The NTSB said, 'You are the operators,' " Kern said. "We had always thought that the (Federal Aviation Administration) was responsible. It is kind of a really muddy deal. We always assumed that the FAA certificates were issued based on aerial firefighting conditions."

Not so, according to the FAA. It inspects aircraft and issues commercial certifications. But it doesn't rule on the stresses an aircraft encounters when conducting aerial firefighting missions.

Kern told the Gazette he was especially concerned about tankers that fly over populated areas on their way to and from fire retardant drops. Specifically, he said, the Forest Service noted with dismay the crashes of two tankers in 2002. Both were flying under normal conditions, rather than conducting drops, at the time of the accidents.

"The wings just came off while the damn things were flying along," Kern said. "The wings just came right off. This could end up with a plane landing on a school. You are talking about the potential for negligent homicide."

Kern's statements were cause for major confusion at Neptune Aviation. The Missoula-based company had contracts to fly eight aircraft on firefighting missions before they were grounded. In Wyoming, Hawkins and Powers were contracted by the Forest Service to fly two tankers before they, too, were grounded.

"Tony Kern is basically saying, 'Don't sue Hawkins and Powers, sue us,'" Neptune President Kristen Schloemer said. "Tony Kern is causing a lot of havoc. He is saying, 'come sue the Forest Service.'"

The FAA has agreed to conduct emergency inspections of the 33 grounded tankers. There is as of yet, however, no timetable for the inspections and no indication that the inspections will guarantee the tankers can fly again.

FMI: www.faa.gov, www.fs.fed.us