A federal official admitted mistakes were made in a Senate hearing on the midair collision at Ronald Reagan National Airport that killed 67 people, as lawmakers continue to press top aviation and safety officials for answers on the congested airspace.
Federal authorities detailed the findings of the National Transportation Safety Board‘s report, which was released on March 11, on why a military helicopter and a plane that departed from Wichita, Kansas, carrying elite figure skates and families crashed into each other and fell into the Potomac River.
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“I’m very concerned about what we’ve learned in the subsequent investigation, both from the NTSB as well as our own reviews that we immediately took. Clearly, something was missed,” Chris Rocheleau, Federal Aviation Administration acting administrator, told senators on Thursday.
The NTSB’s investigation into the incident is ongoing, but the preliminary report highlighted over 15,000 close calls between helicopters and commercial aircraft near the airport in just three years, with 85 incidents coming within 200 feet. As a result of the report, the FAA moved to permanently restrict helicopter traffic near the airport’s runways.
“We determined that the separation distances between helicopter traffic operating on route four and aircraft using runways 15 and 33 are insufficient and pose an intolerable risk to aviation safety,” said NTSB Chairwoman Jennifer Homendy.
Homendy held up a map of the route, pointing out there was “virtually no margin of error” between helicopter route 4 and the approach path to runway 33, as it was possible for helicopters to have “as little as 75 feet of vertical separation from airplanes on approach to runway 33.”
Lawmakers on both sides of the aisle said preliminary report data showed the midair collision was avoidable. The NTSB investigation found the helicopter was flying above a 200-foot altitude limit for helicopters in the region.
“I want to know how, with these statistics in the FAA files, why prior to Jan. 29, the agency failed to improve safety protocols at Reagan National Airport,” said Sen. Jerry Moran (R-KS), chairman of the subcommittee.
Sen. Tammy Duckworth (D-IL), ranking member of the subcommittee, drew on her own experience as a former Blackhawk pilot and stressed that challenging airspace should never be an excuse for such a collision. She highlighted long-standing warnings about aviation safety risks, citing staffing shortages, outdated air traffic control systems, and the rise in close calls since the pandemic.
“There’s a saying, and as many of you have heard it, our aviation regulations are written in blood, so we have an obligation to the victims to learn what went wrong and prevent a collision like this from ever happening again,” Duckworth said.
Lawmakers push to require key safety systems in military aircraft
Civilian airplanes must use automatic dependent surveillance-broadcast, an advanced surveillance technology, to track aircraft locations. In 2019, the FAA gave the military an exemption in rare circumstances. Lawmakers believe the military has been routinely failing to use the safety system during training flights.
During the hearing in front of the Senate Commerce Committee’s Subcommittee on Aviation, Space, and Innovation, Rocheleau announced the agency would now require all aircraft around the airport to have a key safety system operating.
“All aircraft operating in DCA Class B airspace will be required to broadcast their position and identification using ADS-B Out with very limited exceptions,” Rocheleau said.
The change came after Sen. Ted Cruz (R-TX), Commerce Committee chairman, said the Army Blackhawk helicopter that collided with the commercial jet had its ADS-B turned off.
Homendy said the investigation has determined that the Black Hawk helicopter involved in the crash didn’t submit ADS-B Out data for more than 700 days before the crash.
She said the commercial jet had “ADS-B Out, but it did not have ADS-B in” to monitor air traffic nearby.
“We are going to look at what information could have been provided to that flight and how it could have made a difference,” Homendy said, adding NTSB would be conducting testing in April.
The hearing became heated as lawmakers grilled Brig. Gen. Matthew Braman, director of army aviation, over the FAA policy that gives military aircraft broad leeway over turning off the critical air traffic safety system. The Army has maintained that ADS-B out is turned off for national security-sensitive missions.
Cruz pushed Braman for more information about how often the Army turns off ADS-B and for access to an Army memo from August titled “ADS-B Out Off Operations in the National Airspace.” Braman explained that the memo is still currently part of the active investigation.
“So right now, today, the Army is flying helicopters in and around DCA with ADS-B Out turned off. Is that correct?” Cruz asked Braman.
“When conducting certain operations under the North County Direct Initiative, that is correct,” Braman responded.
“I have to say, I find that shocking and deeply unacceptable,” Cruz responded. “You can’t change the decisions made yesterday, but you can change the ones made going forward. If another accident occurs over DCA with another helicopter flying with ADS-B Out turned off, the Army will have direct responsibility.”
The FAA insisted the Army is subject to the new ADS-B Out requirement but has not clarified enforcement mechanisms. Despite congressional pressure, Braman did not commit to changing its policy but said he would review information from memos.
“The Army is always willing to review this policy. Am I prepared to make a decision on ADS-B Out right now? No, senator, I want to do that informed by the facts that we have this investigation, and that will drive policy changes,” Braman said at the end of the hearing.
Sen. Maria Cantwell (D-WA), ranking member of the Commerce Committee, expressed strong concerns over the lack of oversight regarding the use of ADS-B Out, particularly in sensitive airspace around Washington, D.C. She criticized the FAA’s failure to enforce ADS-B Out requirements and questioned why exemptions were granted to military and government agencies operating in Class B airspace.
“The NTSB has been very clear on the requirements for ADS-B, and in this case, if they would have listened to them … it’s $20,000 to equip one plane, you could probably equip the whole fleet of aviation for $100 million. I guarantee you their lives, the family lives are worth that,” Cantwell said.
FAA confirms false collision warnings at DCA caused by Secret Service, Navy drone testing
Rocheleau confirmed a flurry of false midair collision alerts that disrupted flights at the airport in Washington were caused by drone testing conducted by the Secret Service and Navy.
Despite “several” commercial aircraft receiving Traffic Collision Avoidance System alerts near the airport on March 1, there was no conflicting traffic, the FAA said at the time.
“ I think we were all alarmed that just a few weeks after the tragedy, commercial pilots were being told they were at imminent risk of a deadly midair collision,” Cruz said. “It’s now come to my attention that these warnings were caused by the Secret Service and the U.S. Navy and improperly testing counter-drone technology at DCA.”
The alerts interfered with at least a dozen flights and even caused some to abort landings. Cruz called the testing inappropriate and “deeply disturbing” after Rocheleau confirmed that the Texas senator’s account was correct.
“The FAA had previously warned the Navy and the Secret Service against using that specific spectrum band due to interference risks,” Cruz said.
He added that the committee is planning to investigate what happened.