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# NTSB Rejects One-Third of FAA Responses After Washington Midair Crash
- URL: https://www.theamericanquorum.com/ntsb-rejects-one-third-faa-responses-washington-midair-crash/
- Published: 2026-09-15T09:34:27.000Z
- Updated: 2026-09-15T09:34:27.000Z
- Description: NTSB says 11 of the FAA’s 33 responses to recommendations issued after the fatal Washington midair collision remain unacceptable, sharpening a dispute over cockpit alert technology and whether current aviation-safety reforms go far enough.
- Author: News Desk
- Tags: US

Eleven of the Federal Aviation Administration’s 33 responses to safety recommendations issued after the 2025 midair collision near Washington are now classified as unacceptable by the National Transportation Safety Board, leaving a third of the aviation regulator’s promised response short of what investigators say is needed. The new assessment, reported Monday by [Reuters](https://www.reuters.com/world/us/us-ntsb-says-one-third-faa-answers-safety-recommendations-are-unacceptable-2026-09-14/?ref=theamericanquorum.com), renews a dispute over whether operational changes already made by the FAA adequately reduce the risk of another collision or whether binding requirements for cockpit traffic-alert technology are still necessary.

The disagreement follows the January 29, 2025 collision between American Airlines Flight 5342, operated by PSA Airlines, and a U.S. Army Black Hawk helicopter over the Potomac River. All 64 people aboard the regional jet and all three helicopter crewmembers died. The NTSB’s [findings](https://www.ntsb.gov/news/press-releases/Pages/NR20260127.aspx?ref=theamericanquorum.com) attributed the disaster to systemic failures in airspace design, safety oversight and risk management, along with failures involving air traffic control, the helicopter crew and Army safety processes.

The FAA has restricted helicopter traffic around Ronald Reagan Washington National Airport, closed a hazardous route, separated helicopter and fixed-wing traffic, increased tower support and replaced visual separation with radar-based standards in key airspace. The NTSB does not dispute that those measures represent action. Its latest classifications instead focus on whether the FAA has accepted and committed to the specific remedies investigators recommended, including broader use of Automatic Dependent Surveillance–Broadcast In, or ADS-B In, which receives nearby aircraft-position information in the cockpit.

## Why the NTSB calls a response unacceptable

NTSB recommendations are not regulations. The board investigates accidents and proposes corrective action, while agencies such as the FAA decide whether and how to implement it. The board then tracks each response and assigns a status. A response may be labeled unacceptable when an agency rejects the recommendation, proposes an alternative that does not resolve the identified hazard, or fails to act within a reasonable period.

That distinction matters because an unacceptable classification does not mean the FAA has done nothing. It means the NTSB believes the response does not yet satisfy the safety objective. According to the new account, the FAA told the board it is reviewing helicopter routes in six major cities, has completed reviews in four and has directed controllers to keep helicopters and airplanes separated. But the NTSB said the response did not indicate whether the FAA would write a rule requiring ADS-B In.

The technology question is central because the NTSB’s [final report](https://www.ntsb.gov/investigations/AccidentReports/Reports/AIR2602.pdf?ref=theamericanquorum.com) found that the collision occurred in a low-altitude environment where the airliner’s existing traffic-alert system could not provide its strongest avoidance instructions. Investigators concluded that an ADS-B In-based system could have supplied the jet crew with an initial alert 59 seconds before impact. In congressional [testimony](https://www.ntsb.gov/news/Testimony/Pages/Homendy-20260212A.aspx?ref=theamericanquorum.com), NTSB Chair Jennifer Homendy said the helicopter crew could have received an audible warning 48 seconds before the collision.

## ADS-B Out and ADS-B In solve different problems

ADS-B Out broadcasts an aircraft’s identity, position, altitude and velocity so air traffic control and properly equipped aircraft can track it. ADS-B In receives those broadcasts and presents nearby traffic information to pilots, often on a cockpit display or portable device. Requiring an aircraft to transmit its position does not, by itself, ensure that its own crew can see comparable data from surrounding traffic.

The distinction helps explain why the NTSB views the FAA response as incomplete. After the crash, the FAA revised agreements with the military to require ADS-B Out broadcasting around Washington. That improves visibility to controllers and other equipped users. The NTSB’s concern is that pilots still may not receive a direct cockpit warning unless their aircraft also has ADS-B In or another compatible collision-alert capability.

Homendy told senators that the NTSB first urged faster adoption of ADS-B In in 2008\. She also said the board had investigated 211 midair-collision or loss-of-separation accidents and incidents since then, resulting in 281 deaths and 112 injuries. Those figures cover different aircraft types and operating environments, so they do not establish that one technology would have prevented every event. They do show that reliance on pilots seeing and avoiding traffic has remained a recurring concern rather than a problem unique to Reagan National.

## The FAA has already changed national procedures

The FAA’s position rests in part on a substantial set of changes made since the disaster. It permanently restricted most nonessential helicopter and powered-lift operations in portions of Reagan National’s airspace when certain runways are in use. The agency’s [restrictions](https://www.faa.gov/newsroom/trumps-transportation-secretary-formalizes-permanent-restrictions-aircraft-reagan-national?ref=theamericanquorum.com) also closed Route 4 between Hains Point and the Wilson Bridge, moved helicopter routes farther from commercial flight paths and eliminated visual separation within five nautical miles of the airport.

The agency later expanded the response beyond Washington. A national [protocol](https://www.faa.gov/newsroom/trumps-transportation-secretary-sean-duffy-federal-aviation-administration-announce-new?ref=theamericanquorum.com) suspended visual separation between helicopters and airplanes in Class B and Class C airspace and Terminal Radar Service Areas. Controllers in those environments must use radar to maintain specified lateral or vertical separation. The FAA said its review found that visual separation was not a sufficient safety mitigation in high-traffic areas, citing close encounters in San Antonio and Burbank.

Additional [route changes](https://www.faa.gov/newsroom/faa-updates-helicopter-routes-zones-dca-iad-and-bwi?ref=theamericanquorum.com) increased buffers around Baltimore/Washington International and Washington Dulles International airports. FAA Administrator Bryan Bedford also told the Senate that the agency had increased support and staffing at Reagan National, reduced the airport’s hourly arrival rate and daily operations, and expanded controller recruiting. His [testimony](https://www.faa.gov/testimony/testimony-bryan-bedford-faa-administrator-hearing-us-senate-committee-commerce-science?ref=theamericanquorum.com) described the radar-separation rule as a systemwide corrective action rather than a local adjustment.

## The dispute is over the remaining layer of protection

Modern aviation safety generally relies on multiple independent barriers so that one failure does not become catastrophic. Airspace design, altitude discipline, controller workload, radio procedures, radar separation and cockpit awareness all operate as layers. The 2025 crash demonstrated how several weaknesses could align: a helicopter route ran close to a runway approach, the helicopter was above its route altitude, controllers were managing heavy workload, transmissions were blocked, and neither crew received sufficiently useful collision warnings.

The FAA’s post-crash changes strengthen several of those barriers. The NTSB’s remaining objection is that the cockpit layer is still not universal. A radar-separation rule depends on controllers detecting and resolving a conflict in time. ADS-B In gives pilots another source of information if a route, altitude, radio or controller defense fails. The policy question is therefore not whether FAA actions have value, but whether a safety system shaped by a fatal chain of failures should leave that additional layer voluntary.

Cost, installation complexity and operational security complicate a mandate. Commercial fleets, military aircraft, business jets and small general-aviation airplanes have different equipment, certification and mission requirements. The Defense Department previously raised concerns about cost and sensitive operations. Any rule would need to define which aircraft must carry the equipment, where it must operate, what exemptions apply and how quickly older fleets must be retrofitted.

## Congress remains divided over how to finish the response

Congress has considered competing legislative approaches. The Senate unanimously approved the bipartisan ROTOR Act, which would require aircraft that must broadcast their position through ADS-B Out also to receive nearby traffic data through ADS-B In, subject to defined exceptions. A Senate Commerce Committee [summary](https://www.commerce.senate.gov/press/rep/release/house-set-to-take-up-cruz-cantwells-rotor-act/?ref=theamericanquorum.com) said the proposal was intended to close equipment gaps exposed by the Washington collision.

The House considered the measure under an expedited procedure in February but it fell one vote short of the two-thirds majority required. The chamber later passed a broader aviation-safety package by 396-10\. As the [Associated Press](https://apnews.com/article/134f26d812dc9796fcf3033c42543cc2?ref=theamericanquorum.com) reported during the earlier debate, the fault line was not over whether the crash required action; it was over whether Congress should directly mandate ADS-B In or leave the FAA greater discretion to select technology and exemptions through rulemaking.

The latest NTSB classifications sharpen that unresolved choice. The FAA can point to permanent route restrictions, national radar-separation requirements, staffing measures and expanded safety review. The NTSB can point to 11 responses it judges inadequate and to a cockpit technology recommendation that remains uncommitted. Both agencies agree the pre-crash system contained serious vulnerabilities, but they have not agreed on when the corrective work should be considered complete.

## What happens next

Homendy and relatives of victims are expected to press lawmakers again for legislation addressing the accident’s causes. The immediate question is whether Congress reconciles the Senate and House approaches or whether the FAA initiates its own rulemaking for ADS-B In. Either route would require decisions on scope, deadlines, costs and military or emergency exemptions.

The NTSB’s 11 unacceptable classifications do not establish that the current airspace is unsafe or that another collision is imminent. They establish that, in the independent safety board’s judgment, one-third of the FAA’s responses have not yet met the intent of recommendations issued after the deadliest U.S. aviation disaster in more than two decades. The remaining test is measurable: whether the FAA and Congress convert the disputed recommendations into enforceable protections, document equivalent alternatives, or leave key defenses dependent on voluntary equipage.