Calls For Immediate Change To Inspection Procedures And Compliance With Safety Recommendations

FAA Administrator Michael Huerta is getting a lot of mail. In addition to the letter sent by 28 U.S. Senators concerning the EAA tower issue, U.S. Senator Charles E. Schumer has sent a letter to FAA Administrator Huerta demanding 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 (pictured). “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.  In the letter, Schumer 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 aircraft's 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.

In the letter, 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.

FMI: www.schumer.senate.gov