The Federal Aviation Administration (FAA) intends to fine American Airlines a total of $7.1 million for allegedly flying jetliners that did not comply with maintenance requirements and for violating employee drug and alcohol testing procedures.
The stiff fines follow a pending action in which Southwest Airlines would pay a $10.2 million civil penalty for failing to inspect 46 of its Boeing 737 airplanes for fuselage fatigue cracking. The air carrier subsequently found that six of the jetliners had fatigue cracks. It also follows a congressional airing in which disgruntled FAA inspectors testified that senior FAA officials failed in regulating airline compliance with airworthiness directives at Southwest.
The proposed fines against American is unrelated to the grounding of American MD-80s earlier this year, And civil penalties remain possible against at least two other U.S. air carriers
As regards the American Air matter, the FAA asserts that in December 2007, American used the wrong provisions of its Minimum Equipment List (MEL) to return two MD-83 aircraft to service after pilots had reported problems, and flew the planes 58 times in violation of FAA regulations.
The MEL contains components and systems without which the aircraft may operate safely under specific limitations, as proven by the operator or manufacturer.
On December 11 and 12, American operated the first MD-83 on eight flights in airspace it should have been restricted from after maintenance on part of the autopilot system was improperly deferred.
An FAA inspector discovered the improper deferral and informed the airline, however American flew the plane on 10 more revenue flights until the problem was fixed on December 17.
In another incident, the autopilot disconnected during a landing by the same aircraft on December 21. American technicians did not check for the actual problem, and instead deferred maintenance using an inappropriate MEL item. The plane flew another 36 passenger-carrying flights during December 21-31. Airline maintenance later discovered the fault was in a radio altimeter – not the autopilot.
For the violations involving this MD-83, the FAA is proposing a $4.1 million civil penalty.
A different MD-83 experienced an autopilot disconnect on December 27. Although American mechanics correctly diagnosed the problem, they again deferred maintenance under the wrong item of the MEL. As a result, the aircraft operated on four revenue flights without a fully functioning autopilot. The FAA is proposing a $325,000 civil penalty in this instance.
“The FAA believes the large total amount of the fine for these violations is appropriate because American Airlines was aware that appropriate repairs were needed, and instead deferred maintenance. In intentionally continuing to fly the aircraft, the carrier did not follow important safety regulations intended to protect passengers and crew,” the FAA stated.
Also, in May of this year the FAA proposed civil penalties in the amount of $2.7 million in civil penalties against American for alleged past deficiencies in its drug and alcohol testing programs and for allegedly operating aircraft in past years without timely inspections of emergency escape path lighting systems. The amount included $1.7 million civil penalty for the testing program violations and $1 million for the lighting inspection violations.
In a statement, American said, “We do not agree with the FAA’s findings and characterizations of American’s action in these cases. We believe the proposed penalties are excessive.” In line with established FAA procedures, American said it will meet with agency officials to discuss the issues and proposed fines.
In March, after prodding by the FAA over wiring maintenance that had to be redone in the landing gears of American’s MD-80 fleet, the airline grounded the aircraft. American canceled hundreds of flights as they pulled MD-80 and MD-88 aircraft from service to comply with maintenance checks directives, part of an FAA audit.
At least four carriers remain under FAA investigation for possible violations. FAA officials said a spot check of airline maintenance records found three of the four carriers had missed inspection deadlines. Wiring in the wheel well was one area where carriers failed to comply with airworthiness directives. One carrier had failed to submit a required plan and the other three airlines were found to have aircraft overdue for inspections.
While the agency would not name the carriers under investigation, it said penalties could be levied. The aviation agency said it would be several months before the probes are complete.