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.