As A Result Of The Flight Crew’S Repeated Unwillingness To Proceed With A Recorded Interview, Subpoenas For Their Testimony Have Been Issued

Location: Queens, NY Incident Number: DCA23LA125
Date & Time: January 13, 2023, 20:44 Local Registration: N914DU (A1);
N754AN (A2) Aircraft: Boeing 737-900ER (A1); Boeing 777-223 (A2) Injuries: 159 None (A1); 149 None (A2)
Flight Conducted Under: Part 121: Air carrier – Scheduled (A1); Part 121: Air carrier – Scheduled (A2)

On January 13, 2023, about 2044 local time, American Airlines (AA) flight 106, a Boeing 777-200, crossed runway 4L, without air traffic control (ATC) clearance, at John F. Kennedy International Airport (JFK), Queens, New York causing Delta Airlines (DAL) flight 1943, a Boeing 737-900ER, to abort its takeoff on runway 4L. Of the 6 crew and 153 passengers on DAL 1943, and 12 crew and 137 passengers on AA106, there were no injuries. There was no damage to either aircraft. AA 106 was a 14 Code of Federal Regulations (CFR) Part 121 scheduled international passenger flight from JFK to London Heathrow International Airport, London, United Kingdom (LHR). DAL 1943 was a CFR Part 121 scheduled international passenger flight from JFK to Santa Domingo, Dominican Republic (SDQ).

AA 106 was instructed to taxi from the ramp to Runway 4L via taxiway B and hold short of taxiway K. As the aircraft left the ramp, the ground controller cleared AA 106 to cross runway 31L at taxiway K. Upon reaching the Taxiway B/Taxiway K intersection, AA 106 continued straight to taxiway J crossing runway 4L without ATC clearance. At the time AA106 entered on runway 4L at taxiway J, DAL 1943 had begun its takeoff roll increasing speed through 80 knots, and was abeam taxiway K3, about 2700 feet from the taxiway J intersection.

The ASDE-X alerted the JFK ATC tower to the conflict and the tower controller issued a takeoff cancellation to DAL 1943. The DAL 1943 crew aborted takeoff at about 100 knots and came to stop about 500 feet short of taxiway J. The closest point between the two aircraft was about 1400 feet and occurred as DAL 1943 decelerated past taxiway K4 and AA106 exited the runway at taxiway J.

NTSB groups formed to investigate this accident: operational factors, human performance, air traffic control, and flight data recorder. Parties to the investigation include the Federal Aviation Administration (FAA), the Boeing Company, Delta Airlines, American Airlines, and the Allied Pilots Association (APA).

On February 1, 2023, NTSB conducted ATC interviews, which were audio recorded for transcription. Recorder data from both aircraft were obtained. Cockpit voice recorder data were both overwritten. Flight crew statements were received. In addition to the crew statements, NTSB attempted to interview the American Airlines flight crew three different times. American Airlines cleared the flight crew’s schedule to ensure their availability; however, the flight crew refused to be interviewed on the basis that their statements would be audio recorded for transcription. On behalf of the crew, the APA party representative informed the NTSB that the crew would not consent to participate in audio recorded interviews in any manner. NTSB has determined that this investigation requires that the flight crew interviews be audio recorded and transcribed by a court reporter to ensure the highest degree of accuracy, completeness, and efficiency. As a result of the flight crew’s repeated unwillingness to proceed with a recorded interview, subpoenas for their testimony have been issued.