WASHINGTON
- Within
five
months
of the
crash of
TWA
Flight
800 in
1996,
the
National
Transportation
Safety
Board
suggested
a
federal
regulation
to
address
the fuel
tank
explosion
that
caused
the
jet's
destruction.
But for
the next
12 years
- until
yesterday
- that
regulation
was
delayed
by a
stiff
wind
from the
hard-pressed
airline
industry,
complaining
about
the
rule's
cost and
technical
practicality,
say
safety
experts.
Just
weeks
ago, on
April
28,
airline
industry
lobbyists
met
White
House
regulatory
officials
at the
Office
of
Management
and
Budget,
records
show, to
make one
last
pitch
with a
15-page
presentation.
The
Federal
Aviation
Administration
should
withdraw
the rule
because
"it has
not made
a
'reasoned
determination'
that the
proposal's
benefits
outweigh
its
costs,"
said Air
Transport
Association
lobbyists.
Yet this
time,
unlike
many
other
occasions
in the
past
dozen
years,
federal
policymakers
were not
swayed:
the new
rule
requires
what the
lobbyists
opposed
-
filling
a tank
with
nitrogen
to
prevent
ignition
of gas
vapors.
That's
because
of the
dogged
efforts
of the
families
of the
victims,
said Jim
Hall,
the
safety
board's
chairman
at the
time of
the
crash.
"It's a
credit
to them
that any
rule,
even
this
particular
rule,
was
passed,"
said
Hall,
who
later
advised
the
families.
James
Hurd, a
leader
in
Families
of TWA
Flight
800
Association,
whose
son died
in the
crash,
said,
"We just
kept
calling
until we
got some
people
started
making
changes."
As for
the
delays,
Hall
said,
"It is
the
typical
Washington
at its
worst."
"The
driving
fact of
why it
took so
long was
that the
cost-benefit
analysis
had not
tilted
very
hard to
saving
lives,"
Hurd
said.
Two FAA
panels,
dominated
by
industry,
reached
the same
conclusion:
fuel
tank
inerting,
used by
the
military,
was too
costly
and
impractical.
The
industry
preferred
to deal
with the
source
of the
ignition,
the
wiring.
Even
after
two FAA
engineers
made a
breakthrough
in 2002,
finding
a less
expensive
system,
most of
the
industry
balked.
Only
Boeing,
whose
plane
exploded
in 1996,
embraced
it.
Airbus
and the
European
Union
objected
to the
proposed
FAA
rule.
Airbus
said its
planes
were
made
differently
from
Boeing's
and were
not
vulnerable
in the
same
way.
Former
NTSB
managing
director
Peter
Goeltz
said, "I
think it
was a
matter
of cost.
The
industry
understands
this is
a rare
event
and they
would
prefer
not to
spend
the kind
of money
that
this is
going to
take to
eliminate
a rare
event."
In 2004,
the FAA
announced
it would
propose
a rule,
but
waited
until
the end
of 2005.
The
comment
period
was
extended
in 2006
as
airlines
and
manufacturers
lobbied
against
the rule
as too
costly.
Rep.
Tim
Bishop
(D-Southampton)
became
so
exasperated,
he
inserted
language
into the
2007
House
FAA
authorization
bill
requiring
the FAA
to issue
the
rule.
Finally,
in
April,
the OMB
opened
its
review,
meeting
with
industry
and the
families.
"If they
had
another
explosion,
we told
them of
what
sort of
damages
that
really
does to
a family
and to
people
themselves,"
Hurd
said.
Hall
said, "I
welcome
this.
But I
also
welcome
it with
the
reality
that by
the time
it is
implemented,
it will
have
been 20
years
since
TWA
800."
Staff
writer
Bill
Bleyer
contributed
to this
story.