Trump transition at FAA be smooth???
Below is a very informative and comprehensive projection of how President Trump’s Administration might impact various aviation policies. The purpose of this post is to focus on the SAFETY ASPECTS. The SimpleFlying writer assesses how the next President might, relevantly to this comment initiate directives to:
- Loosen restrictions on the airlines
- Not favor Labor Unions
- Reduce support for Sustainable Aviation Fuel
- And a number of other likely directions.
From a peculiar statute, there may be a rub. The above image of the offices of the Administrator and Deputy Administrator[1] offices, connected by swinging doors that open on each side into a conference room. This configuration facilitates the cooperation between the top two positions who bear a heavy joint burden to manage the 50,000 civil servants in their 24/7/365 safety mission.
The head of the FAA is Michael G. Whitaker became FAA Administrator in October 2023. He is responsible for helping to ensure the safe and efficient operation of the largest aerospace system in the world, the standards applied to all that hold safety certificates, airport funding/safety, acquisition of new technology, relations with the protected public employees and relations with the civil aviation authorities. AOA-1, the routing code for this position, must be engaged constantly with this regulatory and operational organization. Historically, AOA-1 has relied heavily on ADA-!, the Deputy.
Now it is important to note the law which may limit the new Administration from pressing forward with its agenda. Congress, concerned that turnover in this senior executive position, enacted 49 U.S. Code § 106 ( C ), (D), which states—
(D)Term of office.—
The term of office for any individual appointed as Administrator shall be 5 YEARS.
Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
THIS MEANS THAT MR. WHITAKER HAS A TERM UNTIL OCTOBER 27, 2028.
Congress, however, did not establish a period during which the Deputy Administrator may not be removed. Thus, on JANUARY 22, 2025, the TRUMP ADMINISTRATION MAY/WILL LIKELY NAME A DEPUTY.
This partisan bifurcation will cause problems and may run afoul of another section of 49 U.S. Code § 106. A subsection (D) makes clear Mr. Whitaker will report to the new Trump DOT Secretary, but subsection (f) complicates the situation.
Typically, the DOT Secretary communicates Administration broad policy goals to the modal Administrators (FHWA, FMCSA, GLS, etc.). They are usually goals and actions that the new President has established to his political agenda, Hardly the sort of information that a Republican would share with a Democrat (and vice versa). Mr. Whitaker probably would not be invited to these coordinating sessions with the Secretary. HIS DEPUTY WOULD.
Returning from these Secretarial conferences, the Deputy may have received political, confidential orders and would communicate those directions to the other political appointees. The Administrator would, if this assumption is correct, not be privy to these proposed actions as well as aware of the workload of his senior staff.
Complications from 49 USC § 106 which sets boundaries on what the Secretary may instruct the Administrator to do as to SAFETY MATTERS:
f)Authority of the Secretary and the Administrator.—
…
(2)Authority of the administrator.—The Administrator—
(A)isthe final authority for carrying out all functions, powers, and duties of the Administration relating to—
(i)the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
… (ii) (iii) (iv) list of powers unrelated to this…
(B) shall offer advice and counsel to the President with respect to civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, SHALL NOT BE REQUIRED TO COORDINATE, SUBMIT FOR APPROVAL OR CONCURRENCE, OR SEEK THE ADVICE OR VIEWS OF THE SECRETARY OR ANY OTHER OFFICER OR EMPLOYEE OF THE DEPARTMENT OF TRANSPORTATION ON ANY MATTER WITH RESPECT TO WHICH THE ADMINISTRATOR IS THE FINAL AUTHORITY.
This well-intended amendment to the relationship between the Secretary and the Administrator will limit the coordination between these two positions and contort AOA-1’s ability to manage the political and career positions. A hypothetical may clarify this concern. Assume in February 2025, Administrator Whitaker requests that his Chief Counsel take an action against an airport authority for revenue diversion, unrelated to safety, but his chief legal officer replies that the instruction cannot be met because of a direction from the Secretary. NOT GOOD.
Analysis: What The US Presidential Election Means For Aviation
By Sruti Kafle
Donald Trump has been a key figure in the American (as well as International) political sphere for more than a decade now. When a passenger was booted off from a flight of Delta Air Lines (DL) a few months ago for wearing a T-shirt featuring the person who would become the President of the United States in November, it was cited that the passenger could be removed from the flight if their “conduct, attire, hygiene or odor creates an unreasonable risk of offense or annoyance to other passengers.”
….
After the election of Donald Trump as the president of the US, there has been a lot of interest in everything related to Trump and aviation. Donald Trump’s private aircraft is known as Trump Force One – there has been a general surge in inquiries about the details of this aircraft, which you can read in our guide below:
Related
Trump Force One: Closer Look At Donald Trump’s Private Jet
Donald Trump won the 2024 United States Presidential election on November 5, 2024.
What changes could we see in the aviation sector during Trump’s second term as president? People wonder if Trump is going to change the livery of Air Force One again, but these aren’t the most pressing questions. In this article, we will look at what the US presidential election means for aviation.
Trump’s performance during the first term and heading towards the second term
Donald Trump faced the challenge of being the President of the US when the pandemic hit the aviation industry. It was a massive problem that laid the grounds for the controversial Chinese virus comments:
“The United States will be powerfully supporting those industries, like airlines and others, that are particularly affected by the Chinese Virus. We will be stronger than ever before!”
Airlines and airports in the US received more than $60 billion during Trump’s coronavirus bailout package for aviation. But there were people like Bhanu Choudhrie, the founder of Alpha Aviation Group (an aviation training solutions provider), who spoke to Airport Technology about how Trump’s withdrawal from the Trans-Pacific Partnership brought forth “a cost of access to new routes for the US aviation industry”.
Choudhrie was also of the opinion that Trump had put unreasonable pressure on airlines to track the spread of COVID-19:
“Instead of working with the airlines to keep the industry operating, President Trump subjected the aviation industry to significant fines and grounded aircraft. This has had a massive hit on the whole aviation industry from travel agents to aircraft mechanics, baggage staff, pilots and cabin crew.”
Choudhrie also said that major players in US aviation, such as two of the three big US airlines – Delta Air Lines and American Airlines – had received financial lifelines during the first time Trump held office. After Donald Trump was re-elected, shares of the Big Three increased in pre-market trading, reported The Street:
- Delta Air Lines (DL) increased by 6.21% to $61.91.
- United Airlines (UA) increased by 7% to $85.70.
- American Airlines (AAL) increased by 5% to $13.88.
Trump’s deregulation-focused agenda
Matthew Klint of the Live And Let’s Fly publication writes that following Trump’s election, airline mergers might speed up as:
“The return of the Trump Administration will likely usher in a more hands-off approach to regulation that will impact both passenger protections and mergers....American Airlines is already exploring a fresh alliance with JetBlue and I expect we will see a full return of the Northeast Alliance with very little pushback from US regulators.”
Some of the changes that aviation analysts are predicting include:
- The recent law passed by the United States Department of Transportation (DOT) requiring airlines to offer automatic cancelation refunds to passengers might be reversed.
- Inquiries into which offers in airline loyalty programs are a bait-and-switch might be over.
A weakening of union power?
It is also believed that Trump’s second term as president would bring forth policies that weaken union leverage, meaning that management will be favored over workers. This would be in stark contrast to the Biden administration, which expressed public support for workers during the Boeing strike in the summer, as reported in Salon:
“Administration officials are in touch with Boeing and the Machinists. We encourage them to negotiate in good faith — toward an agreement that gives employees the benefits they deserve and makes the company stronger,”
In September, Forbes reported that Joe Biden’s right-to-strike support allowed flight attendants to secure better contracts. In particular, Sara Nelson, the president of the Association of Flight Attendants, praised “Biden and two cabinet members, Acting Secretary of Labor Julie Su and Secretary of Transportation Pete Buttigieg, as well as NMB member Linda Puchala for working with the Association of Professional Flight Attendants,”
However, Trump’s second run as the president might weaken the power of aviation unions. To read about this in detail, you can read Simple Flying’s guide on how Trump’s administration could impact aviation unions:
Related
How The Trump Administration Could Impact Aviation Unions
Aviation unions could see their bargaining power diminished with the new administration’s pro-business, deregulation-focused agenda.
AVIATION SUSTAINABILITY MIGHT BITE THE DUST?
With Trump’s election, some aviation experts fear whether the aviation industry’s tremendous progress toward sustainability will be affected. According to Sustainability in the Air, the Biden Administration had provided generous green subsidies through the Inflation Reduction Act (IRA) but:
“One Trump environmental advisor called clean energy measures “apocalyptic green fantasies” that will “bankrupt us all.” Consequently, Bloomberg Intelligence reports that a Trump victory in November 2024 could jeopardise $369 billion of the $433 billion in IRA grants, loans, and tax incentives. This uncertainty is already affecting the industry. For instance, Universal Hydrogen’s recent closure was partly attributed to concerns about a potential Trump administration. “
The same source reveals that there will be quite a few challenges to sustainability during Trump’s administration:
- A possibility of slowing down of the adoption of clean fuel as “chances of a Federal SAF mandate for US airlines would almost certainly diminish“.
- According to Carbon Brief, Trump’s presidency (in comparison to Biden’s) could lead to an additional 4bn tonnes of US emissions by 2030. This would cause “global climate damages worth more than $900BN“.
[1] The author of this occupied, on an acting basis, the office on the right.
