[Congressional Record Volume 155, Number 91 (Wednesday, June 17, 2009)]
[Senate]
[Pages S6729-S6730]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mrs. Boxer):
  S. 1284. A bill to require the implementation of certain 
recommendations of the National Transportation Safety Board, to require 
the establishment of national standards with respect to flight 
requirements for pilots, to require the development of fatigue 
management plans, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to join with my colleague, 
Senator Boxer, to introduce the One Level of Safety Act. We have all 
become familiar with the events surrounding the terrible tragedy near 
Buffalo, New York--an accident that the National Transportation Safety 
Board categorized as the worst such incident since late 2001--that cost 
fifty lives, and shattered countless others. In the wake of the crash 
of Flight 3407, we have identified failures on a multiplicity of 
levels. For an agency that has consistently cited its commitment to 
``one level of safety'' for all carriers as far back as 1995, this 
accident showcases that when it comes to regional carriers, the Federal 
Aviation Administration has done a poor job of enforcing that 
philosophy.
  During its preliminary investigation of Flight 3407, the National 
Transportation Safety Board pointed out a number of issues specific to 
this accident that could be directly attributable to fatigue, with many 
pilots traveling all night over great distances just to reach their 
base of operations. For example, almost a quarter of Colgan Air pilots 
who operate out of Newark, New Jersey travel over one thousand miles 
simply to reach their designated duty station. At the same time, as 
we've witnessed with a number of regional carriers, pilots are often 
paid meager salaries--the first officer in Flight 3407 made barely 
twenty thousand dollars annually.
  With such low pay, it is difficult for these pilots to provide for 
themselves and their families, much less afford a restful place to 
spend an evening; at a hotel, or an apartment in close proximity to 
their base of operations--as a result, they doze in airport lounges--
technically against most airline regulations--and subsequently are 
getting into the cockpit fatigued, with insufficient rest and, 
potentially, reduced situational awareness. With little oversight 
concerning the amount of rest these pilots receive, we face the 
terrible potential for another incident in the near future.
  I was greatly encouraged by the efforts that the new Federal Aviation 
Administrator Babbitt undertook on Monday; his announcement to initiate 
rulemakings on fatigue management, the relationship between major and 
regional carriers, and training discrepancies, were all positive, 
proactive steps to help remedy a situation that for too long has gone 
ignored, and I commend his willingness to take the reins so early in 
his tenure. Unfortunately, as a recent series of hearings at the Senate 
Commerce Committee has shown us, rulemakings are typically long, drawn-
out processes that in some cases are never completed. Simply put, this 
is insufficient.
  In fact, a National Transportation Safety Board recommendation 
concerning pilot fatigue--clearly an underlying cause of the Flight 
3407 crash--has been outstanding for nearly 2 decades! This 
recommendation was no small suggestion; it has been on the NTSB's 
highest profile publication, their Most Wanted List, for nineteen 
years! Given that four of the last six fatal accidents involving 
commercial carriers included fatigue as a contributing cause, I am 
stunned that this issue has not been addressed. But only one effort to 
tackle this issue has been made in the past 2 decades, and after 
encountering some resistance, that proposed rulemaking was shelved in 
1995, and no second attempt was forthcoming. So, while the Federal 
Aviation Administration's comments yesterday were laudable, there are 
no guarantees when it comes to rulemakings. I believe it is incumbent 
on Congress to act and act now.
  That is why Senator Boxer and I joined together to develop 
legislation that we believe will close many of the loopholes that 
jeopardize safety, those same loopholes spotlighted by the findings of 
the National Transportation Safety Board, the Department of 
Transportation Inspector General's office, and the victims' families of 
Flight 3407. Requiring the Federal Aviation Administration to complete 
a number of long-overdue rulemakings on issues as wide-ranging as 
fatigue management, minimum training standards for all carriers, and 
remedial training for deficient pilots is the first step. Ensuring the 
Federal Aviation Administration will perform adequate, unannounced 
inspections to guarantee these new rules are enforced, and requiring 
more rigorous inspections of flight schools like the Gulfstream 
Academy--whose parent company was recently assessed a civil penalty of 
$1.3 million for safety violations, and where many regional pilots 
receive their training--will go a long way towards closing the 
loopholes that still exist in our aviation safety network. In my view, 
these are all positive steps that will prevent another incident like 
the crash of Flight 3407.
  Before I close, I would like to say a word to the families of the 
crash victims. I deeply empathize with your loss, and in large part, 
your efforts have been essential in the drafting of this legislation. 
Thank you for all your perseverance and invaluable contributions during 
what I know must be difficult times for all of you.
  Mrs. BOXER. Mr. President, like many of my colleagues, I was shocked 
and saddened by the commuter plane crash last February outside of 
Buffalo, NY. Sadly, Clay Yarber, a resident of Riverside, CA, was one 
of the 50 victims of this tragic crash.
  I would like to offer my deepest condolences to the family and 
friends of Mr. Yarber and to all of the families dealing with such 
horrific loss.
  The crash of Continental flight 3407 has had a significant impact on 
how Americans across the country view air travel and has raised serious 
questions about the safety and oversight of our Nation's aviation 
system.
  Initial hearings held this past May by the National Transportation 
Safety Board, NTSB, brought to light many unsettling revelations about 
pilot training, hours of experience, fatigue, and the FAA's oversight 
role of regional airlines.
  I was greatly disturbed by what appeared to be a lack of proper 
training for the pilots on how to recover from a stall, how to proceed 
in icing conditions, and reports of the crew commuting cross country 
without proper rest prior to the flight.
  Although regional airlines account for one-half of all of the 
scheduled flights in the U.S., five of the last seven fatal commercial 
plane crashes involved these airlines.
  As more Americans rely on commuter airlines for air service, the FAA 
must take aggressive action to ensure that there is no difference in 
the level of safety provided by these air carriers.

[[Page S6730]]

  The National Transportation Safety Board, NTSB, hearings also made 
clear that the FAA must be more proactive when it comes to safety. We 
must not wait until the next disaster to make long overdue changes in 
safety regulation at the FAA.
  It is unacceptable that the NTSB recommendations designed to address 
some of the most serious aviation safety deficiencies continue to go 
unaddressed by the FAA today.
  Last May, I joined Senator Snowe in sending a letter to the 
Department of Transportation urging the agency to take immediate action 
to address NTSB recommendations that languished on its Most Wanted list 
for years and other pressing safety concerns.
  In some instances, recommendations such as those meant to address 
pilot fatigue, have been on the NTSB Most Wanted list since its 
inception 19 years ago. We must take immediate action to ensure that no 
other family must endure a similar tragedy because of unmet safety 
recommendations and a lack of agency oversight.
  I was encouraged by recent announcements from the FAA about the 
agency's initiative to revise work hour rules to address pilot fatigue 
and to conduct emergency inspections at pilot training facilities. I 
believe this is a step in the right direction, but we must do more.
  That is why I am proud to join Senator Snowe in introducing the 
Ensuring One Level of Aviation Safety Act of 2009, to address some of 
the more egregious aviation safety deficiencies. Our bill requires the 
FAA to implement unfulfilled NTSB recommendations and to do more 
oversight of regional airlines and pilot training academies. The bill 
also requires the FAA to update minimum training standards and hours of 
experience requirements for pilots.
  Finally, this legislation mandates continuing education training for 
pilots, requires the development of airline fatigue management plans, 
and allows carriers immediate access to pilot performance records.
  I look forward to working with my colleagues and the FAA to implement 
this legislation and to take additional steps to ensure that there 
truly is no difference in safety between major carriers and regional 
airlines.
  We cannot wait for the next airline tragedy to take action. The 
flying public must be assured that the FAA and the airlines are doing 
their part to make safety the No. 1 priority.

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