Stakeholders Express Support, Opposition to ALERT Act

There is disagreement by various aviation groups and stakeholders about elements of the Airspace Location and Enhanced Risk Transparency (ALERT) Act, which was released by the House Transportation & Infrastructure and Armed Services committees last week.

While the bill seeks to implement the NTSB’s recommendations following the January 2025 midair collision accident near Ronald Reagan Washington National Airport (KDCA), the Air Line Pilots Association (ALPA) believes the legislation “falls short by not implementing a critical NTSB recommendation to require the installation of ADS-B In technology on aircraft known as Cockpit Display of Traffic Information,” according to ALPA president Jason Ambrosi.

Another piece of legislation, the Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act, which was unanimously passed in the Senate, would require the FAA to issue a final rule on requiring ADS-B In equipage within two years. While the ALERT Act does address ADS-B In, its provisions require equipage no later than Dec. 31, 2031. That ADS-B In equipment would have to provide audible alerts to pilots.

The ALERT Act also mandates the establishment of an aviation rulemaking committee (ARC) to issue a report on a requirement for TCAS-equipped aircraft to be equipped with airborne collision avoidance system Xa (ACAS Xa).

The FAA would then be required to issue a notice of proposed rulemaking (NPRM) 18 months after receiving the ARC’s report. This would mandate “selected aircraft to be equipped with ACAS Xa and…modify the minimum operational performance standards for ACAS-Xa to support traffic advisory aural alerts (including clock position, relative altitude, range, and vertical tendency) and the integration of directional traffic symbols.” A final rule would be required 18 months after issuance of the NPRM.

ALPA’s issue with the ALERT Act is that it doesn’t “clearly [mandate] ADS-B In that is integrated into the flight deck for optimal use by pilots as the ROTOR Act does…the House bill sets up an industry-driven rulemaking process for ill-defined ‘collision mitigation’ technology, covers too few aircraft, and allows for an expansive alternative compliance waiver for commercial aircraft that may interfere with pilot situational awareness.

“Put simply, at the core of the post-accident NTSB report is a requirement that all commercial aircraft be equipped with ADS-B In with a flight deck display of traffic information that is integrated to provide alerts to pilots. This bill likely will not mandate such life-saving technology for an expansive portion of aircraft operating into dense commercial airports.”

The Families of Flight 5342 (the PSA Airlines flight involved in the midair collision) also criticized the ALERT Act: “The ROTOR Act directs the FAA to issue a final rule on ADS-B In within two years. The ALERT Act instead launches a lengthy negotiated rulemaking process that will take years before any aircraft are equipped. It requires only that aircraft be capable of receiving ADS-B In, with no guarantee of actual equipage or use. The ROTOR Act requires operators to equip proactively as compliant technology becomes available. The ALERT Act contains no such requirement.”

For its part, NBAA supports the ALERT Act, saying that it “uniquely seeks to implement all of the NTSB’s recommendations following the agency’s investigation into the DCA crash.”

According to NBAA, “The legislation aims to improve situational awareness in today’s operations, while advancing the development and certification of future safety systems. It would require civil fixed-wing and rotorcraft to be equipped with collision mitigation, avoidance, and alerting technologies. 

“In addition, the measure would enhance air traffic control training and procedures, lower the risk profile in mixed-use environments, address deficiencies in the FAA’s safety culture, improve coordination among stakeholders, and implement strategically targeted operational safety procedures. The bill specifically focuses on enhancing the safety of the DCA airspace, one of the nation’s busiest, most congested locations.”