U.S. plans to act after 'careless' BA flight
By Don Phillips International Herald Tribune
Tuesday, March 8, 2005
FAA weighs steps over 747's long route with one engine out
WASHINGTON Federal Aviation Administration officials said on Monday that they were preparing to take strong action against British Airways, including a charge of "careless and reckless operation of an aircraft," because of the airline's decision to allow a Boeing 747 to fly from California to England with one engine inoperable. Under normal circumstances, the United States would not take action against British Airways because such issues would be handled by Britain.
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But senior U.S. aviation officials have become so concerned about the actions of the flight crew and its supervisors in London that they were preparing direct action.
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"We will pursue every legal option available to us," said an FAA spokeswoman, Laura Brown.
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British Airways expressed surprise over the developments.
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"I am surprised that anyone at the FAA would make such statements," said Steve Shelterline, general manager for the 747 program with British Airways.
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Shelterline said it was clear that even the portions of the federal aviation rules cited to a reporter by the Federal Aviation Administration would not prevent a four-engine airplane like the 747 from continuing flight with one engine out.
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"The 747 is fully certificated to operate on three engines," he said. "There is no requirement to land."
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Based on their investigation so far, U.S. aviation officials said they doubt that the crew's decision had anything to do with new European Union rules on monetary compensation to passengers for canceled flights and lengthy delays.
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"It is our understanding of the rules that they would not apply in a situation like this," said an official who requested anonymity. That may make the decision even more difficult to comprehend, the U.S. officials said.
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BA Flight 268 took off from Los Angeles on Feb. 19 and quickly developed trouble with one engine. Shelterline said this was caused by an engine surge.
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Such surges sometimes happen in jet engines when the mixture of air and fuel is suddenly incorrect. The crew considered attempting to restart the engine, but decided instead to shut it down and continue to London.
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However, partly because the plane could not climb to its planned altitude with one engine out, it used extra fuel in the thicker air at 29,000 feet.
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As the fuel level decreased approaching the English coast, the crew decided to declare an emergency and land early in Manchester.
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Senior U.S. aviation officials, who asked not to be quoted by name because they would be directly involved in legal actions against the airline, said the actions would be based on sections of U.S. aviation law dealing with careless and reckless operation of an aircraft and continuing operation of an aircraft in an unairworthy condition.
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"There was an absence of judgment," said a senior official. "This is an indictment of the safety culture of British Airways."
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Shelterline said a careful reading of the regulations cited by the Federal Aviation Administration to a reporter show that the British Airways pilot took actions that are specifically allowed.
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Senior officials said the United States always has the right to block entry to the United States by British Airways, but that action is unlikely. Instead, a heavy fine seems more likely, they said. The U.S. agency was still considering its penalty options on Monday.
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The officials said there is simply no way the airline could claim that continued operation of the flight was safe. The crew could not determine whether there might have been other damage in the area, the officials said.
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"The crew could not assess why the engine failed, nor could they determine damage," said an official. In addition, with only three engines operating, the plane was forced to fly at lower altitudes in more dense air.
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"You are sucking fuel like you are Exxon itself," an official said.
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It is clear that the crew should have dumped fuel and returned to the airport in Los Angeles, the official said. On Feb. 25, six days later, the same BA 747 flew 11 hours on three engines when an engine gave out on a flight from Singapore to London. However, in that case, the aircraft had been in flight several hours before the engine stopped functioning.
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