Can 30 families make a difference in Washington? The answer is yes, when we are discussing the families of those killed in the Colgan Air/Continental Express flight #3407 crash in Buffalo on February 12, 2009. Their vigil in Congress finally resulted in the safety issues associated with the FAA Reauthorization bill being stripped from the bill and added to the extension of that bill so that they could be enacted.
This is a victory for all passengers in terms of safety. But passengers lose again as funding for the new air-traffic-control system and transparency for airline ticket fees gets extended once again, for the 15th time. The inclusion of the safety issues in the extension bill is welcome. This allows safety to move forward while other important issues languish.
According to Sen. Rockefeller, Chairman of the Senate Commerce Committee, and one of the architects of this approach, this bill will make basic changes to pilot training and is “a big step forward in improving the safety of our skies.”
One of the non-safety items that found its way into the final version of the bill is an issue that has been championed by the Consumer Travel Alliance — clearly revealing the actual operator of regional airline flights. After the Continental Express crash, most travelers and certainly the victims’ families were shocked to find out that Continental Airlines has no ownership of or management responsibilities with Colgan Air.
Here is a more detailed listing of the contents of these safety-related issues that are covered in this new bill. It covers an increase in training requirements, opens pilot records to the airlines for better scrutiny and provides a new focus on adoption of National Transportation Safety Board (NTSB) safety recommendations.
The Airline Safety and Federal Aviation Administration Extension Act of 2010:
• Requires the Secretary of the Department of Transportation (DOT) to report annually on the status of the agency’s adoption of NTSB recommendations, including an explanation for any deadline that has not been met.
• Requires the FAA to create a comprehensive pilot record database to be maintained by the FAA for air carriers to track and review pilot work histories.
• Establishes a task force to evaluate and make recommendations on pilot education, professional standards, information sharing between air carriers, and training standards and performance.
• Requires the DOT Inspector General (IG) to conduct a review of aviation safety inspectors and operational research analysts. The review includes an assessment of the FAA’s oversight of commercial air carriers, the level of aviation inspector and operational research analyst staffing and experience, and the surveillance responsibilities of aviation safety inspectors.
• Mandates the creation of an Aviation Rulemaking Committee (ARC) to develop crewmember mentoring and professional development programs.
• Requires the Administrator of the FAA to conduct a study on aviation industry best practices with regard to pilot pairing, crew resource management techniques, and pilot commuting.
• Requires FAA rulemakings to ensure commercial air carriers provide pilots with: a) stall, upset recognition, and recovery training; and b) remedial training. This provision also requires the FAA to convene a multidisciplinary panel to study and report on methods to improve pilots’ familiarity with stick pusher systems, icing conditions, and microburst and wind shear events.
• Requires the FAA to complete its on-going rulemaking on pilot and aircraft dispatcher training, and issue a final rule within 14 months. It also requires the Administrator to convene a multidisciplinary panel to assess and make recommendations on pilot training, including initial and recurrent testing requirements and classroom instruction.
• Requires any ticket agent, air carrier, or other person selling tickets for air transportation to disclose the actual air carrier providing the air transportation.
• Requires the FAA to perform random, onsite inspections of regional air carriers not less than once each year.
• Requires the Administrator to issue regulations on flight time and rest requirements based on the latest scientific evidence to address pilot fatigue. The provision also requires the National Academy of Sciences to study the effect of commuting on pilot fatigue, and requires the Administrator to update regulations based on the study’s findings if appropriate.
• Requires the Administrator to issue a report to Congress within 180 on the Aviation Safety Action Program (ASAP), the Flight Operational Quality Assurance (FOQA) program, the Line Operations Safety Audit (LOSA) program, and the Advanced Qualification Program (AQP)
• Requires the FAA to develop and implement a plan to facilitate the establishment of the ASAP and FOQA programs at all commercial air carriers.
• Requires the FAA to conduct a rulemaking to mandate all commercial air carriers implement Safety Management Systems (SMS), and consider including ASAP, FOQA, LOSA, and AQP as part of required SMS.
• Requires the FAA to complete a rulemaking to revise commercial pilot requirements and mandates all commercial pilots to have a minimum of 1,500 hours of flight experience (increased from 250 hours).
• Directs the FAA Administrator to revise requirements to receive an Air Transport Pilot (ATP) license within 36 months, including provisions that would mandate training in a multi-pilot environment, adverse weather and icing conditions, high altitude operations, professional standards, and the air carrier operational environment.
Charlie Leocha is the President of Travelers United. He has been working in Washington, DC, for the past 14 years with Congress, the Department of Transportation, and industry stakeholders on travel issues. He was the first consumer representative to the Advisory Committee for Aviation Consumer Protections appointed by the Secretary of Transportation from 2012 through 2018.
