Federal investigators looking into last year's crash of a United
Parcel Service Inc. cargo plane took an unusual step on Monday and
expelled representatives of the company and the pilots union from
the probe.
The National Transportation Safety Board said both the union and
the company violated long-standing rules barring them from publicly
analyzing causes of the August 2013 accident in Birmingham,
Ala.
Two UPS 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.
Information previously released by NTSB revealed the captain had
complained to associates about feeling chronically tired and the
pilots discussed work schedules during the flight.
The safety board hasn't yet determined the precise cause of the
Birmingham accident. But the crash 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 airlines.
In a letter to the Independent Pilots Association, which
represents UPS pilots, the NTSB said comments about fatigue-related
issues improperly prejudged the results of the continuing probe and
forthcoming federal findings.
The IPA declined to comment.
"We maintain that our actions have been in line with NTSB rules
and guidance for communicating during an accident investigation," a
UPS spokesman said. "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 U.S.
Congress to tighten the requirements for cargo carriers.
UPS has consistently argued against such changes, saying the
accident crew's schedule was consistent with pending revisions
covering passenger airline crews. In a separate letter to the
company, the NTSB's top lawyer said certain comments posted online
by UPS violated rules of the investigation.
Debate over fatigue rules has even embroiled Jim Fraser, the
government's Federal Air Surgeon, in controversy. At a safety
conference in Washington D.C. earlier this month, Dr. Fraser, a
senior FAA official, suggested he didn't see any medical or
physiological reasons for leaving cargo pilots out of the latest
regulatory changes.
"From a human perspective, there is no difference between" the
two types of pilots, Dr. Fraser said, adding "there is a
significant political side of the issue" because the cargo industry
has complained the cost to comply with higher standards would be
too high.
While potentially embarrassing for both sides, the move to
exclude both company and union representatives isn't expected to
have much impact on the probe's outcome because much of the
technical work has been completed.
The decision is not without precedent. In 2011, NTSB officials
removed American Airlines from participating in the federal probe
of one of its jets that ran off the end of a runway in Wyoming.
Two years earlier, the safety board took similar action against
the union representing air-traffic controllers involved in a fatal
midair collision over the Hudson River between a sightseeing
helicopter and a private plane.
Laura Stevens contributed to this article.
Write to Andy Pasztor at andy.pasztor@wsj.com
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