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FAA Hindering Probe of Plane Crash That Killed 2, Safety Board Charges

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Times Staff Writer

The nation’s two leading aviation safety agencies exchanged serious charges Saturday after a light plane crash in the San Gabriel Mountains, accusing each other of stonewalling and grandstanding. Safety experts, meanwhile, expressed alarm over reports that a controller may have caused the crash that took two lives.

The National Transportation Safety Board accused the Federal Aviation Administration of hindering the crash investigation after FAA officials refused to permit an investigator to tape-record an interview with the controller who monitored the flight. Safety officials have subpoenaed the controller to appear before them this week--the first time the board has resorted to that action, officials said.

Safety board spokesman Ira Furman said the FAA position has seriously threatened the inquiry. “This delays our investigation. It’s disturbing,” Furman said. “Things are dimmed by the mist of time.”

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The FAA denied the allegation and accused investigators of grandstanding. Stephen D. Hayes, an FAA spokesman in Washington, said the safety board investigator violated procedures when he insisted on tape-recording the informal interview Friday. Hayes said the subpoena was unnecessary.

“The subpoena is curious,” Hayes said. “We told the general counsel of the safety board that they could interview the controller at any time. Their reaction is kind of bizarre.”

The feud was sparked by a fatal plane crash Thursday. Officials said the pilot, who was a flight instructor, and a passenger in a single-engine Cessna 172 were killed when their plane smashed into a steep canyon wall en route from Van Nuys Airport to Santa Monica Airport. The safety board issued a preliminary report stating that an FAA controller in Burbank may have caused the accident by putting the plane on a crash course with the mountain.

Furman said the investigator was unfairly denied access to the controller when he tried to tape-record his statements. “Our mission is to determine what went wrong so that we can prevent a recurrence,” Furman said in a telephone interview from Washington. “We have been using tape recorders for several years. What’s the objection?”

Hayes said the FAA objected because the tape recorder gave the impression that the interview was a formal proceeding. Hayes contended that the recording would have been unfair because the controller had not had time to organize his thoughts and consult an attorney.

“Every time in the past the safety board has conducted an informal interview very shortly after the accident (without a tape recorder),” Hayes said. “They usually take a deposition at a later date.”

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Air safety investigators also complained about access to controllers in August, when an Aeromexico DC-9 jet collided with a small plane over Cerritos, killing 82 people. Furman said in that case it took safety board investigators several days to interview controllers. An investigation is continuing.

The controller in Thursday’s crash is expected to appear before safety board officials early this week. The fatal crash occurred on the east side of Millard Canyon above Altadena in the Angeles National Forest. Investigators said the craft was heading east at about 3,000 feet when it smashed into mountains 5,000 to 6,000 feet high.

The pilot was identified as Allen Hart and the passenger as August Hentschell of Austria. Officials were unable to provide any further information on the two.

Private air safety experts and pilots, meanwhile, expressed concern about the crash and the unusual public feud between the agencies.

John Galipault, president of the 700-member Aviation Safety Institute in Ohio, said the crash raises serious questions about air safety in Southern California. Galipault said the FAA is trying to dodge responsibility for the problem.

“The FAA is like a cat in a sandbox,” he said. “They try to cover everything up.”

Galipault said it is highly unlikely that such a crash would have occurred unless the pilot or the controller made a serious error.

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Dave Kirkendall, a commercial pilot who also teaches flying lessons in the Burbank area, agreed. Kirkendall said preliminary reports gave the impression that the plane was put on a course that “made sure it hit” the mountain wall.

But Jim Pope, another private aviation safety expert based in Washington, said critics may be jumping to unfair conclusions. Pope said the FAA is correct to make every effort to ensure that the controller clarifies events in his mind before he makes a statment.

Karl Grundmann, a regional representative for the National Air Traffic Controller’s Assn., also counseled patience. “It’s better to let the controller collect his thoughts,” Grundmann said. “Something that seems irrelevant at first could turn out to be quite relevant.”

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