The DCA crash is not going away any time soon
If Colgan Air Flight 3407 is any guide, we're on the cusp of a years-long regulatory update
If the January 29, 2025 mid-air collision involving American Airlines Flight 5342 on approach to DCA airport had happened just 14 days later, it would have been the first fatal commercial airline accident in the U.S. in exactly 16 years. Due to this infrequency of commercial aviation fatalities in the U.S., each major accident tends to cause at least some degree of regulatory reform.
The 9/11 terrorist attacks of course gave rise to the Aviation and Transportation Security Act, establishing the TSA and a long list of other security rules. Just thirty-one days later, an American Airlines Airbus A300 crashed shortly after takeoff from JFK, killing all 260 people aboard and five people on the ground in the Belle Harbor neighborhood of Queens. While this accident resulted in a few rules surrounding rudder design and simulator scenario training, it was overshadowed by the tragedy of the month prior and eluded the public scrutiny it would have otherwise received as the second-deadliest non-terrorist aviation accident in American history.
To understand how last month’s mid-air collision might cause updates to federal aviation regulations, our best guide is likely the February 12, 2009 crash of Colgan Air Flight 3407, which stalled on approach to Buffalo, NY, killing 50 people. This accident launched a twelve-year period of aviation safety rule updates that continue to rock the airline industry. Flight 3407 families remain active in Washington to this day, and have received the support of senators such as Chuck Schumer and Maria Cantwell in recent FAA Reauthorizations.
It’s too soon to know if January’s Flight 5342 will cause the same degree of reform; much will hinge on the findings from the NTSB’s preliminary report, scheduled to be released in the following weeks. Some will be a function of the aesthetic quality of the findings; if a highly technical accident chain emerges that doesn’t lend itself to tweets written by Congressional staffers, public opinion may be less forceful than we saw with Colgan. As pilot James Albright notes, “modern society expects instantaneous answers that are simple yet comprehensive.”
Modern society expects instantaneous answers that are simple yet comprehensive.
- James Albright
It’s also likely that any regulation arising from this accident will be less focused on airline pilot training standards, as all public evidence to-date indicates no errors were made by the crew of the CRJ700. It’s possible the focus may instead be placed on military procedures, helicopter rules, technology upgrades, or air traffic control staffing and procedures, a well-documented and increasingly acute problem. But if Colgan Flight 3407 is any guide, changes will happen — and they won’t stop for a while.
Here’s a summary all major Colgan-related reforms, which the FAA only completed by 2021:
February 12, 2009 – Colgan Air Flight 3407 Crash: A Colgan Air Bombardier Q400 operating as Continental Connection Flight 3407 crashes on approach to Buffalo, NY, killing 50 people. Early investigations point to pilot fatigue, training deficiencies, and inattention to procedures as contributing factors. The FAA immediately begins work a nationwide “Call to Action” targeting safety practices at regional airlines.
February 18, 2009 - WSJ Headline: Pilot Action May Have Led to Crash
February 19, 2009 - WSJ Headline: Crash Probe Turns to Pilot Training
May 12–14, 2009 – NTSB Public Hearing: The NTSB holds a three-day hearing on the Flight 3407 crash. Key focus areas include pilot training and experience, fatigue management, commuting practices, remedial training, and sterile cockpit rule compliance. Findings during the investigation prompt urgent calls for reform, spotlighting shortcomings in pilot preparation and airline oversight.
From WBFO:
"There's nothing to indicate that the pilots were not properly trained. They should have and did know how to react to the situation that they got into," Dorr said. "I think one of the Colgan people said it best, that "we really do not know why they reacted differently than they were supposed to do according to their training."
Family members question why Colgan retained the pilot who had failed five flight tests.
June 11, 2009 – House Aviation Subcommittee Hearing: The House Subcommittee on Aviation conducts a hearing titled “Regional Air Carriers and Pilot Workforce Issues” to scrutinize issues raised by the Colgan crash (H. Rept. 111-284 - AIRLINE SAFETY AND PILOT TRAINING IMPROVEMENT ACT OF 2009 | Congress.gov | Library of Congress). Lawmakers examine gaps in FAA regulations on pilot training, flight/duty time limits, pilot records access, and commuting policies. Testimony underscores that regional airlines (which operated the last six fatal Part 121 crashes at the time) often face unique safety challenges.
July 29, 2009 – H.R. 3371 Introduced: Rep. Jerry Costello (D-IL) introduces the Airline Safety and Pilot Training Improvement Act of 2009 (H.R. 3371). This comprehensive safety bill arises directly from Flight 3407 and aims to overhaul pilot training, qualification, and fatigue standards. The very next day, July 30, the House Transportation & Infrastructure Committee approves the bill unanimously.
October 14, 2009 – House Passes H.R. 3371: The House passes the Airline Safety and Pilot Training Improvement Act with broad support. The bill mandates the FAA to act on multiple fronts, including raising pilot qualification standards, implementing fatigue rules, improving stall-recovery training, and creating a pilot records database. These provisions mirror NTSB recommendations emerging from the Colgan investigation.
Early 2010 – Senate Hearings & Companion Efforts: In the Senate, the Commerce Committee’s Aviation Subcommittee (led by Sen. Byron Dorgan, D-ND, and later Sen. Maria Cantwell, D-WA) holds hearings to maintain momentum on aviation safety.
February 2, 2010: The NTSB releases its final report on Flight 3407, confirming pilot error (improper stall response) and fatigue as key factors.
April 2010: NTSB Chair Deborah Hersman writes to Congress urging swift action on fatigue and training reforms.
July 30, 2010 – Airline Safety Act Enacted: Facing a stalemate on a larger FAA reauthorization, Congress folds the safety provisions of H.R. 3371 into an FAA extension bill (H.R. 5900). The Airline Safety and Federal Aviation Administration Extension Act of 2010 passes the House on July 29 and the Senate on July 30. President Obama signs it into law on August 1, 2010. This landmark law, championed by the Families of Flight 3407, mandates:
1,500-Hour Rule: All first officers must hold an Airline Transport Pilot (ATP) certificate, requiring 1,500 flight hours (up from 250). This ensures first officers meet the same high standards as captains. (Certain academic and military pathways allow a “restricted ATP” at 750–1,250 hours, but the 1,500-hour baseline becomes federal law.)
Pilot Fatigue Rules: Instructs the FAA to overhaul flight and duty time limits and rest requirements using current fatigue science. Pilots must receive a minimum 10-hour rest period (up from 8) with 30 consecutive hours off per week (up from 24).
Training Improvements: Requires enhanced training for stall and upset recovery, remedial training for underperforming pilots, and improved Crew Resource Management (CRM) practices. Airlines must provide disclosure of regional operators on ticket purchase (no more “operated by…” surprises).
Pilot Records Database (PRD): Orders the FAA to create a centralized electronic pilot records database for airlines to access pilots’ training history, failures, and performance before hiring. This addresses cases like Colgan’s captain, who hid multiple failed check-rides across prior jobs.
Airline Safety Oversight: Mandates annual, unannounced FAA inspections of regional carriers and closer monitoring of airline safety programs (including establishing Safety Management Systems and voluntary reporting programs across all airlines).
Late 2010 – Industry & Regulatory Response: The FAA and airlines begin implementing the new law. FAA Administrator Randy Babbitt convenes rulemaking committees to draft new pilot qualification and fatigue rules. Regional airlines, through the Regional Airline Association (RAA), voice concern about potential pilot shortages due to the ATP 1,500-hour requirement, but safety advocates and pilot unions strongly support the rule.
Sept 10, 2010 – Fatigue Rule Proposed: The FAA issues an NPRM to revamp flight crew duty and rest rules (Docket FAA-2009-1093), covering passenger and cargo pilots. The proposal, based on scientific fatigue models, initially included cargo pilots to ensure “One Level of Safety.”
Dec 21, 2011 – Pilot Fatigue Final Rule (Part 117): The FAA publishes the final rule on Flightcrew Duty and Rest Requirements (14 CFR Part 117). Key features: maximum hours on duty per day based on start time, new rest minimums, and Fatigue Risk Management Systems. Notably, under pressure from industry and the White House Office of Information and Regulatory Affairs (OIRA), the final rule exempts all-cargo airlines. Cargo pilots (like those at FedEx/UPS) remain under old rules, a carve-out the FAA originally opposed but was added during OIRA review. This exemption draws sharp criticism from safety advocates as contravening “One Level of Safety.” Despite this, the rule is a huge improvement for passenger airline fatigue management. It becomes effective Jan 4, 2014 (to allow airlines time to comply).
Early 2012 – Congressional Oversight: March 20, 2012: Sen. Maria Cantwell leads a Senate Aviation Subcommittee hearing to review progress since Flight 3407. Titled “Commercial Airline Safety: One Year After Flight 3407,” it highlights the just-issued fatigue rules and remaining steps. Experts testify on fatigue science and training. Cantwell and colleagues urge “continued vigilance” to fully implement the 2010 mandates, including prompt finalization of pilot qualification and training rules.
Feb 29, 2012 – Pilot Qualification NPRM: The FAA issues an NPRM for Pilot Certification and Qualification Requirements for Air Carrier Operations, detailing the upcoming “1,500-hour rule” changes (FAA releases final ATP certification rule - AOPA). This NPRM proposes requiring an ATP for all Part 121 pilots and outlines an ATP training curriculum requirement. It also floats the idea of “restricted ATP” for certain candidates (military or aviation degree holders) with fewer hours. Public comments from airlines and some flight schools argue the rule could worsen pilot shortages, while unions and Flight 3407 families support it as life-saving.
July 10, 2013 – FAA Issues Final First Officer Qualification (FOQ) Rule: The FAA Administrator announces the final rule on pilot qualifications, fulfilling the 2010 law’s mandate ahead of the August deadline. Published July 15, 2013, and effective immediately, this rule requires: (1) All Part 121 pilots (captains and first officers) hold ATP certificates (1,500 hours); (2) New captains have at least 1,000 flight hours as a co-pilot (per Congress’s 2010 directive); (3) Enhanced ATP training – from August 2014, pilots must complete new ATP Certification Training Program (ATP-CTP) coursework (30 hours academics + 10 hours simulator) before taking the ATP test. The rule also creates an “ATP with Restricted Privileges” for qualifying military and college pilots with fewer hours. As of Aug 1, 2013, airlines can only hire new pilots who meet these requirements. The Air Line Pilots Association (ALPA) hails the rule as raising the safety bar; some regional airlines claim it exacerbates a pilot shortage, setting the stage for future policy debates.
November 5, 2013 – FAA Final Rule on Pilot Training Standards: The FAA publishes a major final rule on air carrier pilot training (crew training enhancements), addressing longstanding NTSB recommendations (some dating back decades). Spurred in part by Colgan 3407 and mandated by Congress, this rule:
Requires improved stall and upset-recovery training for all airline pilots using full-motion simulators.
Expands crosswind and gust training, ups emphasis on pilot monitoring duties, and strengthens remedial training tracking for pilots with deficiencies.
Effective March 12, 2014, it compels airlines to update training programs accordingly. Transportation Secretary Anthony Foxx notes this was achieved “with [Flight 3407] families’ help,” praising their advocacy. FAA Administrator Michael Huerta calls it a “significant advancement” in U.S. pilot training.
2014–2015 – Implementation and Industry Adjustment: Over these years, airlines implement new Part 117 fatigue rules (in effect Jan 2014), the ATP and FOQ rules, and revamped training programs. The “One Level of Safety” between major and regional carriers – a rallying cry of Flight 3407 families – is largely achieved for passenger airlines through these uniform standards. However, cargo pilots remain exempt from Part 117, and safety groups (including Flight 3407 families) periodically push legislation to close that gap.
February 2016 – Regional Airline Shake-up: Republic Airways, a large U.S. regional carrier, files for Chapter 11 bankruptcy protection, citing pilot shortages worsened by the ATP 1,500-hour rule. This event fuels industry lobbying to reconsider training requirements. Despite Republic’s restructuring, Congress stands firm behind the safety rules – no legislative rollbacks occur in immediate FAA funding bills, thanks to advocacy by safety champions in Congress.
July 2016 – FAA Extension Preserves Safety Regs: In lieu of a full FAA reauthorization, Congress passes an FAA extension that explicitly protects the 2010 safety mandates for another year. The Flight 3407 families remain vigilant, closely watching each FAA funding bill for any amendments that might weaken the 1,500-hour rule or fatigue regulations.
October 5, 2018 – FAA Reauthorization Act of 2018: Congress passes a five-year FAA reauthorization (P.L. 115-254). The Flight 3407 families notch a major victory – the law fully retains the post-Colgan safety regulations, cementing the 1,500-hour ATP requirement and fatigue rules through at least 2023. Senator Chuck Schumer and others secure provisions preventing any erosion of these standards. The Act also requires a study on the state of the pilot workforce, reflecting ongoing debates about safety vs. pilot supply.
February 12, 2019 – 10th Anniversary & Continued Advocacy: A decade after the crash, the Families of Flight 3407 gather in Buffalo for memorial events and continue pressing regulators. They highlight that while major safety rules are in place, unfinished business remains: notably, the Pilot Records Database (PRD) mandated in 2010 still isn’t operational. The NTSB even titled a 2019 recommendation letter “Twelve Years After Colgan 3407, FAA Still Hasn't Implemented Pilot Records Database”, emphasizing delays.
September 2019 – PRD Progress in Congress: Following the Atlas Air 3591 crash (Feb 2019), in which a first officer hid past training failures, Congress and the NTSB increase pressure on FAA to finish the PRD. Congress holds hearings on FAA’s sluggish implementation of mandated safety databases. Flight 3407 families attend, reminding lawmakers that lives are at stake when known safety gaps persist.
June 2020 – Regional Airline Exemption Bid: Amid the COVID-19 downturn, some regional airlines quietly float proposals to relax the 1,500-hour rule to ease hiring. These do not gain traction in Congress, but set the stage for a more public challenge in 2022 by a specific airline.
April 14, 2022 – Republic Airways Petitions for Exemption: Republic Airways formally petitions the FAA for an exemption to allow its ab initio pilot trainees (mainly former military pilots) to join the airline with 750 hours, similar to military-trained pilots. This sparks an outcry. Flight 3407 families, pilot unions (ALPA), and key members of Congress strongly oppose the request. They argue it would undermine a proven safety rule, especially since Republic’s proposal isn’t limited to military pilots. Throughout summer 2022, the FAA receives thousands of public comments, with the vast majority urging denial.
September 20, 2022 – FAA Rejects Republic Exemption: The FAA announces it denied Republic’s 1,500-hour rule exemption request, stating it “would not be in the public interest” for safety. Flight 3407 families celebrate the decision as a validation of their 13-year fight. Lawmakers from Western NY (e.g., Rep. Brian Higgins) praise the FAA for “doing the right thing”. This episode underscores the ongoing vigilance required to keep safety standards intact.
May 26, 2021 – Pilot Records Database Final Rule: After 11 years, the FAA finally issues the final rule establishing the electronic Pilot Records Database (PRD). Announced by FAA Administrator Steve Dickson, the rule gives airlines until late 2024 to fully upload historical pilot records. The PRD will enable airlines to quickly access pilots’ past training failures, disciplinary actions, and performance records before making hiring decisions – closing the loophole that allowed Colgan’s captain (and others) to conceal critical information. The Flight 3407 families’ “tireless advocacy” is explicitly credited with making this database a reality. The NTSB and safety advocates applaud this long-delayed implementation.
February 2023 – Fight During FAA Reauthorization Hearings: With the 2018 FAA law expiring, Congress begins crafting the 2023 FAA Reauthorization. In a Feb. 7 House hearing, some industry voices suggest revisiting the 1,500-hour rule amid pilot shortage claims. Flight 3407 families return to Capitol Hill – even 14 years later – to defend the rule. Scott Maurer, who lost his daughter, testifies he “can’t believe I’m still coming back here, but I’ll continue to come back” to protect these safety measures. ALPA President Jason Ambrosi also testifies that the rule “has worked for 13 years and should remain in place,” noting the U.S. has not had a fatal crash on a U.S. passenger airline since 2009 (a period coinciding with these reforms). This remarkable safety record is frequently cited as evidence of the rules’ effectiveness.
June–July 2023 – Legislative Battle over the 1,500-Hour Rule: As the House and Senate draft FAA bills, regional airline lobbies push for tweaking pilot training requirements, such as giving extra credit for certain training programs to effectively reduce hours. The Families of Flight 3407 mobilize bipartisan allies (Reps. Brian Higgins, Nick Langworthy, Senators Schumer, Cantwell, etc.) to block any rollbacks. In July, the Senate Commerce Committee (with Sen. Schumer’s influence) marks up its bill without any 1,500-hour rule changes, a major win for the families. Publicly, Sen. Schumer declares he ensured “the rule was not weakened by even a single hour” in the Senate bill. The House version had proposals for alterations, but facing Senate opposition and public pressure, those provisions stall.
September 2023 – FAA Reauthorization Extended: With differences unresolved, Congress passes a short-term FAA extension into 2024. Advocacy continues behind the scenes to ensure the final bill maintains the safety status quo. The Flight 3407 families and pilot unions remain deeply engaged – writing op-eds, meeting legislators – emphasizing that “public safety over politics” must prevail in any compromise.
February 12, 2024 – 15th Anniversary: Commemorations of the Flight 3407 tragedy reinforce its legacy of safety reforms. The Buffalo community and families honor the lives lost and highlight the unbroken chain of safer flying years since 2009. They also remind regulators that cargo pilots still need equivalent fatigue rules – an unfinished recommendation from both NTSB and Flight 3407 advocates. This remains a future target for safety legislation (“One Level of Safety” for all flight operations).
2025 and Beyond – Enduring Impact: The Colgan Air Flight 3407 crash has led to one of the most sweeping aviation safety overhauls in decades. Key stakeholders – Congress (especially the NY delegation), the FAA, NTSB, pilot unions (ALPA), airlines, and the Families of Flight 3407 – all played roles in crafting and defending these changes:
Congressional Champions: Bipartisan leaders like Rep. Louise Slaughter (now deceased), Sen. Chuck Schumer, Rep. Brian Higgins, Sen. Maria Cantwell, Sen. Susan Collins, and others have consistently pushed to enact and preserve the Flight 3407-inspired regulations. They’ve held numerous hearings (2010, 2012, 2015, 2019, 2023) to oversee implementation and beat back attempts to erode safety rules.
FAA and NTSB: The FAA, under mandate, delivered new regulations on pilot fatigue (Part 117), pilot qualifications (ATP rule), training (stall/upset recovery), and records (PRD). While some rulemakings faced delays or industry pushback, the agency ultimately completed all major Colgan-related reforms by 2021. The NTSB’s investigative work and recommendations provided the blueprint; former NTSB Chair Deborah Hersman was especially vocal in urging action on fatigue and training improvements.
Families of Flight 3407: Perhaps most uniquely, a group of grieving families transformed into one of the most effective aviation safety advocacy organizations in U.S. history. Their “constant presence” in Washington, persistent lobbying, and partnership with Sully Sullenberger and other safety advocates ensured that the human cost of regulatory shortcomings was never forgotten. Over 15+ years, they met with countless lawmakers, testified at hearings, and even pushed regulators directly (meeting with new DOT Secretary Foxx in 2013, FAA chiefs, etc.). They’ve thwarted every major attempt to weaken the rules and continue to do so.
Airline Industry & Unions: Major airlines largely adapted to the new rules, while regional airlines had to adjust hiring and training practices. The Regional Airline Association periodically argues for “alternative pathways” to build pilot experience, but to date, union strength and safety data have won the debate, keeping rules intact. ALPA – representing 50,000+ pilots – remains a staunch defender of the 1,500-hour rule and fatigue standards, emphasizing that safety must trump cost-cutting.
What next?
Within hours of the January 29 collision at DCA, the FAA suspended the use of Helicopter Routes 1 and 4 near the airport. History suggests this action is just the start of a years-long course-correction that will target not just Reagan National’s airspace, but will result in congressional rulemaking aimed at improving aviation safety nationwide, likely with a specific focus area.
When the NTSB releases their preliminary report, we’ll be better able to guess what it will be.