Letter to Michael Huerta, Administrator of the Federal Aviation Administration - Airline Safety Mandates

Letter

Today, U.S. Senator Charles E. Schumer asked the Federal Aviation Administration (FAA) to provide concrete answers on how they plan to enforce key independent safety recommendations and prepare the regional airline industry to comply with new safety mandates set to take effect at the end of the year. A recent Buffalo News report found that there were serious oversight deficiencies on the part of the FAA before Colgan Flight 3407, including the fact that Colgan Air were quickly hiring new under-qualified pilots to accommodate an expansion of their Q400 aircraft fleet.

"I was saddened and angered by the Buffalo News report that revealed there were serious red flags regarding Colgan Air's safety before the Flight 3407 crash, and was alarmed to discover that the FAA still has not satisfied the NTSB that their Safety Inspectors have the proper training or knowledge needed to work on the flights to which they are assigned," said Schumer. "I have been a strong proponent of tougher safety standards for regional airlines and was proud to pass new rules after the crash, but now we must ensure that these rules are properly enforced," said Schumer. "To that end, I need answers from the FAA regarding their readiness to comply with new safety mandates and inspections, and a clear and prompt response to concerns from NTSB and the Transportation Inspector General."

An NTSB report also found that the FAA Principal Operations Investigator assigned to certifying Colgan pilots was not properly experienced on the Q400 and as a result key safety checks could have been missed. In addition, in the years following the crash, and despite the recommendations from the NTSB -- the FAA has still not said how it plans to ensure that Principal Operations Investigators (POI) will now have proper training and knowledge on the flights they are in charge of overseeing. The NTSB has since issued a new safety recommendation to the FAA that would address how POI's are assigned to airlines, but as recently as February 2013, the NTSB "remains concerned" that the FAA has yet to prioritize this recommendation.

Also, in January of 2013, the Department of Transportation Inspector General (OIG) found that the FAA had yet to take sufficient steps to ready carriers and FAA inspectors to meet the new pilot qualifications requirements set to take effect later this year. Schumer today commended FAA Administrator Huerta for his commitment to finalizing new rules by the end of this year, but asked a series of questions about the FAA's compliance with the NTSB and OIG recommendations and urged quick satisfaction of their concerns.

After the Flight 3407 crash, Congress passed the Airline Safety and FAA Extension Act which included tough new safety standards for regional airlines, but Schumer is concerned that the appropriate resources to properly oversee regional airlines may not be in place, especially for those regional airlines that are growing rapidly. Schumer is seeking answers from the FAA, and potential changes in the inspection policies, to ensure they have the necessary resources to implement the two strongest new rules that will be finalized at the end of the year.

Schumer wrote FAA Administrator Huerta to raise these concerns, specifically pointing to two recommendations issued by independent oversight agencies. First, the National Transportation Safety Board (NTSB), which reviewed the Flight 3407 crash and offered recommendations for improvement, highlighted that the FAA Principal Operations Investigator (POI) assigned to Flight 3407 was not qualified in the new equipment on the aircraft Colgan Air was using. The crash itself was caused by pilot error--the operating pilot did not understand how the aircrafts anti-stall measures operated. Schumer and the NTSB want assurances that the FAA has a plan to prioritize or reassign POI resources to where they are needed, and above all else, to where they are qualified. In addition, Schumer is asking the FAA if the regional airline industry is prepared to meet the new pilot certification requirements for carriers.

Schumer highlighted that low-cost, regional airlines like Colgan Air, are rapidly growing as subsidiaries for larger carriers. The nature of regional airlines incentivizes cost-cutting measures, so regional airlines can underbid others to fly regional routes to smaller airports, which sometimes lead to understaffing in key areas or pilots working double-shifts. The Buffalo News report found that this was one of the main reasons why regional airline safety was so far behind industry standards. The Airline Safety and FAA Extension Act was passed to remedy many of these concerns -- including setting standards limiting the number of hours in a pilot's shift which are already in effect -- but Schumer is concerned that the FAA has not done enough to satisfy the independent recommendations and ready the industry for the proposed rule changes and increased certification requirements.

The NTSB and Department of Transportation Office of Inspector General are still not in a position to offer a judgment as to whether the FAA has done enough to ensure the regional airline industry is prepared to comply with the new rules.

A copy of Senator Schumer's letter to FAA Administrator Huerta appears below:

Dear Administrator Huerta,

I write today to request an update on a set of recommendations made by the National Transportation Safety Board and the Department of Transportation Inspector General in light of a recent news report in theBuffalo News highlighting the testimonials of former Colgan Air officials about the oversight of the regional airline industry's safety operations. TheBuffalo News report includes a former Colgan Air official's allegation that the FAA did not appropriately follow-up on the safety and training concerns he witnessed while he was employed by the company in late 2008.

As you know, tragically, the February 2009 Colgan Air Flight 3407 crash prompted Congress to pass the Airline Safety and FAA Extension Act, which requires improvements in pilot training, hiring and qualification programs, and ensuring a consistent safety standard across carriers. I am very appreciative of your continued commitment to finalizing two of those major rules related to pilot qualifications and crewmember training by the end of this year. However, the revelations stemming from this recentBuffalo News report raise important questions about how the FAA and the regional airline industry are addressing a set of recommendations made by the NTSB and the DOT OIG. In particular, the news report provides shocking testimony from a former Colgan official that the cost-cutting ways of regional airlines lead to the hiring of inexperienced pilots and lackluster training programs.

First, the NTSB has issued Safety Recommendation A-10-26, which addresses the issue that the FAA Principal Operations Investigator (POI) assigned to Flight 3407 "had not previously been qualified in the new equipment (the Q400 aircraft) that Colgan was adding, yet he needed to qualify a number of pilots." The NTSB has asked the FAA to describe "how the new systems being developed would have (1) detected this specific situation in the Flight 3407 accident and (2) prompted the reassignment of inspectors who possessed the needed qualifications." Though the NTSB acknowledges that the FAA is implementing a range of new tools to provide long-term forecasts of POI needs, they "remain concerned" that the FAA is not putting in place a plan that would prioritize or re-assign the appropriate POI resources where the needs are greatest, i.e. a rapidly growing low-cost regional airline like Colgan Air. How is the FAA planning to implement Safety Recommendation A-10-26 and address the NTSB's outstanding concerns?

Second, in the January 31, 2013 DOT OIG report entitled FAA and Industry Are Advancing the Airline Safety Act, But Challenges Remain To Achieve It's Full Measure, the OIG found that the "FAA has also not taken steps to ensure carriers and FAA inspectors are ready to transition to new pilot certification requirements." Again, while I fully appreciate your commitment to finalizing this rule this year and the hard work of your agency to achieve this goal, I would like to better understand how the Agency has addressed the concerns outlined by the OIG. It will simply be unacceptable for the regional airline industry to demonstrate a lack of preparation and threaten the efficient operations of the nation's regional and commuter air system due to an inability to fulfill these important requirements. How is the FAA currently working with the regional airline industry to prepare for the new pilot training requirements? Do you believe the industry will be ready to undertake and fulfill the new requirements by the proposed implementation date later this year?

Thank you for your attention to this matter. Please do not hesitate to contact my Washington office with any questions or concerns with this request.

Sincerely,

Charles E. Schumer

U.S. Senator

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