"Let me just make one comment about the two amendments I have on the bill. I think it is important that we address one of them, both of them, but one of them in particular is very significant. We have a sub-s version of the FAR's that affects scheduled and nonscheduled airlines. A scheduled airline can live with the crew rest and the flight rest and duty because they can adjust their schedules to do that. The unscheduled cannot. So the sub-s in the FAR's today allows a sub-s to work longer hours but they also have longer rest hours in between. They average out actually with longer rest hours for active hours than under the law that affects the scheduled airlines."
o SUMMARY "In 15 years, there has not been one case where an accident on a nonscheduled airline has taken place due to fatigue of anyone. So it's a problem that doesn't exist, and I’ve always had this hang-up about fixing things that aren't broke. So consequently, I’m hoping that we'll be able to keep that. What’s happening today is there is a comment period and a rule that would do away with the sub-s, and this is why I’d like to have this amendment in here. This bill would keep that from happening."

The captain’s flight and duty schedule complied with Federal Aviation regulations, but he experienced a demanding 10-day trip schedule prior to the incident involving multiple time zone crossings and several long duty periods, and reported difficulties sleeping prior to the accident leg. The captain was likely further affected by a digestive system upset during the accident flight. It is likely that the captain’s performance was degraded by fatigue and some degree of physical discomfort brought on by a short-term illness.

Contributing to the inappropriate control inputs was the captain’s fatigue and physical discomfort; and a possible lack of practical consolidation of skills and experience due to a protracted and fragmented training period.