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Sherman Says: Five years after Flight 3407, delays persist in flight safety rules

More than 25 million people have flown out of the Greater Buffalo Niagara International Airport during the past five years, yet the 49 passengers of one flight and another person on the ground on Feb. 12, 2009 remain on my mind.

The crash of Continental Connection Flight 3407 remains one of the worst aviation disasters in recent American history. The loss of life that night in Clarence Center left many families heartbroken and shaken.

The determination of families of the victims has not gone unnoticed, as positive change in flight safety and training standards has been the result. But the speed of implementation of these changes has been incredibly slow.

One year ago, the office of the inspector general issued a report about the Federal Aviation Administration’s progress and challenges in implementing the Airline Safety and FAA Extension Act of 2010. The following is its summary:

“We found that FAA has made considerable and important progress implementing many elements of the act, such as advancing voluntary safety programs, improving pilot rest requirements, and establishing better processes for managing safety risks. We also found the agency has not sufficiently targeted assistance to smaller air carriers who are furthest behind in developing new safety programs.

“In addition, FAA faces challenges with meeting timelines for key rulemaking efforts, and with developing a long-term strategy for transitioning to a new pilot records database. We made five recommendations to [the] FAA to improve its efforts in implementing the act. FAA concurred or partially concurred with all five, but we are requesting that the agency submit additional information or reconsider its response for three of them.”

The next time you are near the Buffalo airport – or any major airport – look up to the sky. Chances are you will see an aircraft staffed by one of those “smaller air carriers” to which the federal agency referred. They are popular options along the East Coast, just like on that night five years ago when Flight 3407 left Newark for Buffalo.

Families of the victims won an important victory in 2011, when the United States Department of Transportation’s Aviation Enforcement Office mandated that airlines and online ticket agents had to make it easier for travelers to learn if their flight is being flown by a large airline like Continental, Delta or a smaller airline operating under the mainline carrier’s banner.

Family members have attended more than 20 congressional hearings about aviation issues and made more than 60 trips to Washington to advocate for changes “to address the weaknesses that contributed to the crash of Continental Flight 3407,” according to the advocacy group Families of Continental Flight 3407.

The implementation of several common sense changes is behind schedule, including flight crew member mentoring, leadership and professional development. It is unacceptable that standards designed to help protect the flying public remain bound in red tape.

New training rules will require pilots to learn to fly in real-world conditions, including simulator training on handling sudden aircraft emergencies. Federal aviation safety officials blamed the Clarence Center crash on pilot error, in part because of a lack of such training.

Next week, hundreds of people personally affected by what happened will gather to remember their relatives and friends. There is talk that this will be the final “formal” observance of the tragedy.

A memorial service is scheduled for 8 p.m. on Feb. 12 at Zion Lutheran Church, located at 9535 Clarence Center Road. A procession to the crash site on Long Street will be held at 10, with the lighting of 51 luminaries – one for each of the victims, as well as the unborn child of one of the passengers.

It will be a horribly painful day, made slightly more tolerable because of the positive change the group has been able to effect. They are strong people who deserve the thanks and admiration of our entire community; but the delays and double talk must cease.

When will we ever wake up from this nightmare?

David Sherman is the managing editor of Bee Group Newspapers and a columnist for the Weekly Independent Newspapers of Western New York. Opinions expressed here are those of the author. He can be reached at


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2014-02-10 | 17:45:46
flight 3407
Thank you Dave Sherman for this wonderful article on the fatal crash of flight 3407. My sister Mary Belle Pettys was on that flight and we love and miss her everyday. The efforts put forth by these family members to insure new safety laws for aviation has been their main goal, so no one ever has to go through the loss of a loved one. I thank you for your time and research for this very special article. Denise (Pettys) Hillery
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