By Andy Pasztor
Federal accident investigators looking into the crash of a
United Parcel Service Inc. cargo plane a year ago took the unusual
step of expelling both company and pilots union representatives
from the probe.
In Monday's announcement regarding the August 2013 accident in
Birmingham, Ala., the National Transportation Safety Board said the
pilots union and the company violated long-standing rules barring
them from publicly analyzing causes of the crash.
Both pilots died when the jet slammed into a hill during a
predawn approach to the runway. The investigation continues to
spark debate over whether the cockpit crew's errors and failure to
follow basic safety procedures were partly the result of fatigue.
According to information previously released by NTSB, the captain
had complained to associates about feeling chronically tired.
The safety board hasn't yet determined the precise cause of the
Birmingham accident. But already, it has become a flash point for
those critical of the Federal Aviation Administration for excluding
cargo pilots from more-stringent rules covering pilots flying for
passenger carriers.
In its letter to the Independent Pilots Association, which
represents UPS pilots, the safety board said comments about
fatigue-related issues improperly prejudged the results of the
continuing probe and forthcoming federal findings.
The IPA declined to comment.
A UPS spokesman said, "We maintain that our actions have been in
line with NTSB rules and guidance for communicating during an
accident investigation...We believe we have been unfairly
reprimanded for attempting to set the facts straight and defending
our brand."
Debate over the impact of fatigue on cargo operations has
prompted the IPA and other labor groups to file suit and lobby
Congress to include cargo carriers in the current rules.
UPS, on the other hand, has consistently argued against such
changes. In a separate letter to the company, the safety board's
top lawyer said that certain comments posted online by UPS violated
rules of the investigation.
While potentially embarrassing for both sides, Monday's move
isn't expected to have much impact on the probe's outcome because
much of the technical work has been completed.
In 2011, NTSB officials also removed American Airlines from
participating in the federal probe of one of its jets that ran off
the end of a Wyoming runway.
Two years earlier, the safety board took similar action against
the union representing air-traffic controllers involved in a fatal
midair collision between a sightseeing helicopter and a private
plane over the Hudson River.
Laura Stevens contributed to this article.
Write to Andy Pasztor at andy.pasztor@wsj.com
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