FAA Rejects Airline's Request to Turn Back Flight 3407 Reforms and Hire Less Experienced Pilots

Attempts by a regional airline to weaken rules on pilot training inspired by the victims of the Flight 3407 crash have failed.
Sept. 21, 2022
4 min read

Sep. 20—Attempts by a regional airline to weaken rules on pilot training inspired by the victims of the Flight 3407 crash have failed.

That's a big win for the victims' families, and the travelers they aim to protect, families said Monday.

When 50 people were killed in the Continental Flight 3407 plane crash in Clarence, the victims' family members got to work ensuring nothing like it would ever happen again. Their advocacy resulted in rule changes that would make flying safer by imposing more stringent pilot training requirements.

But their efforts were threatened recently when Republic Airways sought to gut one of its provisions — and allow airlines facing a pilot shortage to hire co-pilots with half the usual minimum amount of flying experience.

But that move has been rejected by the U.S. Federal Aviation Administration.

The families commended the FAA for their decision.

"These requirements have been the cornerstone of a package of regional airline safety reforms that have led to over 13 years without a fatal crash on a U.S. commercial carrier, by far and away the safest period in the skies that our country has experienced," the families said in a statement.

The captain on Flight 3407 had just 600 hours of experience when he obtained his first regional job and "was advanced through the system despite multiple failed check rides," the families said.

"Ultimately, this lack of airworthiness and foundational flying skills manifested itself on that February night in 2009, costing our family members and friends their lives in a very avoidable crash," they said.

Families would fight to make sure it didn't happen again, they said.

"We are strongly opposed to any attempts to water down these entry-level standards to allow regionals to rush young pilots into a cockpit with someone's loved ones in the back of the plane," they said.

Republic Airways had petitioned the FAA to allow its pilot training graduates to fly with the same reduced flight experience requirements as military pilots: 750 hours instead of 1,500. Republic Airways is headquartered in Indianapolis. It operates as American Eagle, Delta Connection and United Express.

Before the 3407 crash, smaller carriers called regional airlines were once allowed to hire co-pilots, who are called first officers, with as few as 250 hours of flying experience.

"Republic states that its petition is consistent with the standards set forth in the law, the regulations, and need for pathways to create safer and qualified pilots," the FAA said in its decision. The company had also said its training program is similar to that of the U.S. military in that it provides "comprehensive and structured training for civilian pilots through training that satisfies the spirit of regulations, while enhancing safety and providing a benefit to the public."

Smaller airlines have said they are facing a shortage of qualified pilots, and Republic said paring down the required hours would help remedy that shortage.

"The FAA does not agree that granting the exception would address a perceived pilot shortage," the FAA said in its decision. "A grant of exemption would not be in the public interest or provide an equivalent level of safety" before denying the exemption.

Several trade associations and unions had opposed the changes Republic sought, saying they would make flying less safe.

Air Line Pilots Association International applauded the FAA's decision.

"This decision is a huge win for aviation safety and for the flying public. The FAA's findings confirm what we've said all along about Republic's request — that it is not in the public interest and would adversely affect safety," said Capt. Joe DePete, ALPA president, in a statement.

ALPA noted the aviation safety law has reduced fatalities by 99.8% since its inception.

Indeed, the numbers are stark. In the two decades before the crash of Flight 3407, there were 1,186 people killed in commercial plane crashes in the United States. Once the new safety law went into effect, that number dropped to two.

Senate Majority Leader Charles Schumer, D- N.Y., has worked with the families of Flight 3407 for years.

"Special interests lost and the strong safety regulations fought for by the Flight 3407 families remain strong and will continue to save lives keeping our skies safe," he said in a statement.

Rep. Brian Higgins, D- Buffalo, stood by the families of Flight 3407 victims through the fight.

"Regardless of how Republic Airways tried to spin it, this was a blatant attack on pilot training requirements put in place based on the painful lessons learned following the February 2009 tragedy," he said in a statement. "The FAA's denial is a victory for flight safety."

Higgins vowed to oppose future attacks on the law.

"This isn't the first attempt to roll back enacted aviation safety standards and it surely won't be the last. We will remain on vigilant watch of any effort to water down the protections, implemented by Congress and championed by the Flight 3407 families, which have resulted in safer skies for everyone," he said.

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(c)2022 The Buffalo News (Buffalo, N.Y.)

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