Schumer Calls for Congressional Investigation into Federal Aviation Administration's Handling of Aircraft De-Icing Procedures

Press Release

SCHUMER CALLS FOR CONGRESSIONAL INVESTIGATION INTO FEDERAL AVIATION ADMINISTRATION'S HANDLING OF AIRCRAFT DE-ICING PROCEDURES

Schumer Asks Investigative Arm Of Congress To Examine What Roles National Transportation Safety Board And The FAA Have In Developing And Implementing De-Icing Regulations

Demands To Know Why FAA Has Not Yet Acted On NTSB Safety Recommendations

Schumer: Learning All We Can About What Went Wrong In Buffalo Is Critical To Preventing Another Tragedy

Following last month's Continental Connection Flight 3407 tragedy in Buffalo, U.S. Senator Charles E. Schumer today called for a Government Accountability Office (GAO) investigation into the development and implementation of aviation de-icing procedures and the relationship between the National Transit Safety Board (NTSB) and the Federal Aviation Administration (FAA), the two federal agencies tasked with passenger safety.

While investigations are ongoing into the specifics of the February12, 2009 crash, Schumer noted that initial reports indicate that icing may have played a role. Icing is a condition when ice builds up on the airframe of an aircraft and potentially causes unsafe flying conditions. Changing FAA icing standard is something that the NTSB has strongly recommended in the past, but FAA has failed to alter its policy.

To investigate and delineate the roles that the NTSB and the FAA have in developing safety regulations for passengers, Schumer today called on the GAO, the investigative arm of congress, to undertake a broad study of airplane icing standards and regulations. The study will also examine to what extent the FAA has considered past NTSB icing policy recommendations.

"We must find out why the FAA has been so slow to implement the de-icing and other safety recommendations of the NTSB," said Schumer. "There must be clear procedures in place so that future recommendations, regarding icing or any other safety concern, can be evaluated and implemented as quickly as possible."

The FAA is the primary body governing the safety of non-military aviation. The agency issues and enforces minimum standards covering manufacturing, operating, and maintaining aircraft, and they also certify pilots and mechanics. The National Transportation Board, also a federal agency, is charged with investigating aviation accidents, then making a series of safety recommendations to the FAA with the hopes of preventing future similar incidents. The NTSB is currently investigating the crash of flight 3407 and is expected to issue a report within a year.

On February 12, 2009, Continental Flight 3407 crashed near Buffalo Niagara International Airport, killing 50 people. Following the crash, NTSB announced that they would send a team to the crash site to begin an investigation. Initial reports indicated that significant icing problems may have played a role in the crash. The icing issue represents a clear difference in operating standards between the two regulating agencies, especially because the airplane was flying on autopilot before the crash. The NTSB advises pilots to fly manually even in conditions producing thin amounts of ice, whereas the FAA claims aircraft are safe on autopilot in light to moderate icing. Changing FAA icing certification standards is a safety measure that the NTSB has recommended for more than a decade.

Following the crash of COMAIR Flight 3272 in 1997, the NTSB issued recommendations regarding ice protection system operational procedures, and ice detection/warning systems. The FAA, despite 12 years of study, never implemented those recommendations. Schumer is asking the GAO to investigate the cause of this time lag, as well as the general procedures by which the FAA evaluates and implements NTSB recommendations.

The four specifics issues Schumer has requested the GAO study are as follows:

1. What current regulations and practices are in place in the aviation industry to prevent or mitigate aircraft icing?
2. What roles do the NTSB and the FAA have in developing and overseeing the implementation of aircraft icing prevention practices?
3. To what event has the FAA adopted NTSB recommendations to prevent aircraft icing?
4. Has the FAA identified any compliance problems with regard to icing regulations?

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