Lampo's comment on the 13th, re' NTSB rule 845.41(a):
"... at the least a petition for rexamination need be made. If that is not disposed in a professional manner than there is room for further collective action...."
No. There is no recourse.
Have you submitted any Petition in the past few years? Any worthy response?
Hauter wrote back two years ago on one Petition (a decades- ago AAR still awaiting correction) -- he honestly admitted that there would be little chance of any action, "lack of resources". Over the past few years (check some of my posts) the Board has failed to make correction (even after admitting the errs and stating that correction would be done): But the
Staff/Board seems eager to aim their P.C. at the human operator -- case closed, avoid any mention of deferred-Mx as contributing factor, or revealing an MMEL-problem area.
Nothing has changed regarding NTSB- errs & their lack of "reconsideration"--
C.O. Miller offered this critique way back in the early 1980's
"The deteriorating scope, depth and accuracy of the NTSB/FAA aircraft investigations is approaching the level of a national embarrassment. Instead of being a leader in this field, the United States government seems to be unwilling to provide the resources, leadership or motivation necessary to improve investigative techniques and procedures. . . ."
"There is reason to believe that because of the excessive workload, the inadequacy of investigations, or the questionable nature of some board members' qualifications, some views of parties associated with a particular case are not communicated or understood by the Board's members. Petitions for reconsideration of the determination of cause or, more importantly, for changes in the report to present a fuller presentation or discussion of the facts, appear to be treated summarily without the objectivity which normally characterize the Board's actions. It is rare for the Board to present in its report the contrary views of competent parties unless one of the members elects to write a minority opinion supporting such a view. Such dissents are infrequent."
Excerpts from "Aviation Accident investigation: Functional and Legal Perspectives," an article by Mr. C.O. Miller, past Director of the Bureau of Aviation Safety of the NTSB; Journal of Air Law and Commerce (Dallas, Tx.: SMU School of Law), Winter 1981, Vol 46, #2.