BUFFALO, N.Y. — It's been an enduring task for the families of Flight 3407 as they strive to make sure that enhanced flight safety rules, especially on pilot training and experience, stay intact in the wake of the 2009 Clarence Center crash.
So this week before Congress and with local Congressional allies, they are now fighting what they say is an industry attempt to weaken those rules.
Karen Eckert, who lost her sister Beverly in the 3407 crash held up a graphic on flight safety for reporters. She noted: "These are fatal crashes - zero since the Airline Safety Act went into effect."
That may be the strongest argument for the Flight 3407 family group, who lost loved ones, to make it this coming week in Washington as the US House Transportation and Infrastructure Committee hears testimony. It is considering the overall re-authorization by September of the Federal Aviation Administration which enforces those rules dating back to 2010.
That committee is now led by a new chairman U.S. Representative Sam Graves of Missouri. John Kausner, who lost his daughter Elly in the crash, says he has never spoken with Graves but he is concerned.
"Our understanding is he is looking favorably at altering some of the rules. That would be unfavorable to us."
The family says that relates to a "legal loophole" move by regional carrier Skywest. They say the Utah - based firm, which also flies with airline partners such as United Express, Delta Connection, and American Eagle, may reportedly have its subsidiary charter operation use 30 and under passenger regional jets with co-pilots in the right seat with a third less experience or 500 hours. That would be rather than the 1,500 hours currently required for all non-military background pilots on all carriers.
Susan Bourque, who was the sister of Beverly said, "Having two qualified pilots, fully qualified pilots in the cockpit of a regional and a mainline carrier is absolutely critical. The co-pilot shouldn't be learning on the job".
Last year the FAA rejected a Republic Airways plan for an in-house pilot training plan to also hire pilots with only 750 hours. Regional carriers claim there's a severe pilot shortage with a post-COVID demand for flights and their more experienced pilots moving up to take regular airline positions. That is as seasoned airline pilots retire or were eased out during the pandemic slowdown.
"If they make an exception for Skywest or for any airline that is a really slippery slope. Because it's not just about - oh who cares - it might be a small venue. It is going to spread and it is going to come to the Buffalo airport. The Rochester airport," Eckert said.
The family group has local Congressional allies. Republican Representative Nick Langworthy in the 23rd District, which now takes in Clarence says, "No business decision should ever come before public safety period - end of the story. Every industry has labor problems."
While Democratic Congressman Brian Higgins of the 26th District said, "There is an effort to undermine the very provisions that these families and all of us fought for over the past 14 years. We have to make sure that doesn't happen."
Both representatives say they will also reach out to Congressmen Marc Molinaro, Anthony Esposito, and Brandon Williams from the New York delegation.
A spokesperson for Skywest did respond with this statement:
"SkyWest’s first and foremost priority is safety. We want to be abundantly clear: SkyWest has requested no regulation changes, including to the ‘1500-hour rule’. SkyWest has long been a leader in aviation safety and continues its efforts to raise the bar for safety across both Part 121 and Part 135 operations. As we implement a Part 135 operation under well-established guidelines, SkyWest Charter has the resources, standards, and operational expertise available to provide this service better than any carrier operating under Part 135 today, with jet aircraft and experienced senior pilots."
The 3407 Families group plans to be in Washington for the hearing on Wednesday when the Regional Airline Association president is expected to testify.
The president of the Airline Pilots Association union is also expected to speak.
Letters in opposition to the Skywest plan have also been written to US Transportation Secretary Buttigieg and Acting FAA Administrator Billy Nolen.