What does the 18 month FAA nomination process reveal as an institutional issue?
Three recent articles (below) announced the selection of the European union1 Aviation Safety Administration (EASA)2 and the UK Civil Aviation Authority (CAA) plus a Senate hearing for the Federal Aviation Administrator (FAA). The later vacancy has lasted 18 months with one nominee withdrawn, two acting (second must withdraw on 10/25/2023) and thus likely a third actor in this critical safety leadership position.
Why does the US take so long to appoint such an important executive? The delay is even more detrimental given the spate of problems the FAA has encountered in this trying ~540 days??? [Washington Post, below, enumerates those problems!!!]
Hypotheses (no definitive answers):
- Private sector candidates are unlikely to take significant salary cut to take a job that is constantly subject to media and Congressional attack?
- Whitaker was chief operating officer at Supernal, a company working to build electric-powered aircraft. He earned $1.2 million in salary and bonus payments. GREAT experience, but federal “revolving door rules” prohibit him from participating in FAA decisions involving this company and depending on how the Ethics limitations imposed, perhaps on all eVTOL/AAM/UAM policy discussions
- Billy Nolen, one of the Acting Administrators, left to become air taxi firm Archer Aviation as its chief safety officer,
NOT CLEAR WHETHER THIS IS A DETERRENT.
2. Difficult Selection Criteria
- The press and the reported public opinion assert that a candidate should not be influenced by industry. The Biden Administration’s first nominee seems to have been influenced by that sentiment. However, his hearing involved an embarrassing set of technical questions suggesting that he would be ill-suited to assess the recommendations of the career staff.
- Mr. Whitaker’s qualifications must have been known to the Biden staff; in that he held the #2 position during the Obama Administration; yet his name was not advanced for 18 months.
- Three recent past successful nominees were awarded Senate “advice and consent” although they were members of the Air Line Pilots Association, clearly an organization with “industry” views/influence. BAD? Their records in this top position showed balance- able to analyze career recommendations without reflecting the feared “industry” bias.
- Another recent Administrator exemplarily served in the position with limited /no(?) experience.3
AGAIN, THE PLUSES AND MINUSES DO NOT RESULT IN A STRONG CONCLUSION
3. Senate and politics?
- This question is the popular front-runner as the reason why it takes so long.
- Indeed, members of the Senior Chamber leverage the public’s interest in the aviation safety agency to speak to their constituents.
- But no, the biggest delay in the first Biden Administration was not attributable to the Republican opposition. The biggest gap was between the nomination and the Democratic leadership bringing the candidate to hearing (7 months)
- This point has greater applicability to the FAA dealing with both the House and the Senate with both sides of the aisle in these bodies.
IT IS ARGUABLE THAT THE SENATE AND POLITICS WERE NOT THE PRIMARY REASON FOR DELAY, BUT THIS SUBJECT SUGGESTS THAT THE FAA’S BEING SUBJECT TO POLITICAL INFLUENCE IS A REAL ISSUE.
4. What is the difference between EASA & UK CAA on the one hand and the FAA?
- Their legislative oversight does not appear to get directly involved in their operations.
- The EU Parliament includes representatives from 28 member states. These countries are far less cohesive than the US’ 50 states. The UK Parliament traditionally has had its contentious moments.
- EASA and UK CAA do not appear to be as subject to political incursions as the FAA.
ALL THREE INSTITUTIONS ARE PART OF EXECUTIVE/POLITICAL BRANCHES
Should Congress reconsider FAA being subject to the DOT supervision/control??? The original purpose of this integration was to coordinate transportation policy. That the Secretary would have the macro perspective to realize that, for example, mass transit should be connected to long distance rail and aviation to reduce local automobile rides. It is fair to say that after 56 years little of this transmodal decision-making has made its mark.
At best or worst politics involved in one FAA function–airport fundings. Directions by the Secretary as to FAA Safety decisions are STATUTORILY PROHIBITED. Most of the agency’s work should not be subject to Executive Branch or Congressional influence. For example, Congress/politics have slowed down NextGen decisions by not passing adequate long-term funding.
One plausible arena for Executive/Hill input is environmental POLICY. However, their “help” on noise or air quality, for example, tends to be specific to their state or district without regard to national implications. POLICY should be written to broad terms or goals and should be implemented by highly qualified technical career staff mindful of a decision at X sets a precedent for Y. Indeed, individual judgments must reflect distinctive local facts and must account for local considerations, not pressure from a DOT executive official and/or a Member of Congress.
Removing the FAA from the Administration makes it an easier target for the hill—is the contra argument. The US CAA record is not replete with many such examples; the White House, on more than one occasion, provided cover for that agency. Funding, however, is a legitimate worry. A bill that would return the FAA to its independent status must define a permanent formula predictable drawing funds from a combination of withdrawals from the General Treasury, contributions from the ticket tax and fuel charge plus fair & equitable user fees. 4
Congress hates to loosen its controls over a high profile organization like the FAA. Membership on one of the Hill Committees with aviation jurisdiction makes her/his PAC Director’s fundraising easier. The industry stakeholders may be reluctant to allow the FAA discretion unencumbered by their friends in the Administration and on the Hill. If airport funding merits direct political influence, let the DOT decide within its building. Environmental decisions should be driven by well-crafted legislation, not letters from Members. FREE THE FAA? NB, it’s located on Independence Avenue—prophetic?
UK Civil Aviation Authority appoints Rob Bishton as the new chief executive
U.K. CIVIL AVIATION AUTHORITY PRESS RELEASE | OCTOBER 6, 2023
Estimated reading time 4 minutes, 15 seconds.
Rob Bishton is the new chief executive officer of the U.K. Civil Aviation Authority. UKCAA Photo
The U.K. Civil Aviation Authority announced the appointment of Rob Bishton as its new chief executive, effective Oct. 21, 2023.
Bishton’s extensive career in aviation includes being a commercial pilot, and serving in a number of senior industry roles. He joined the Civil Aviation Authority in 2014, and has been a member of its board since 2019, leading its Safety and Airspace Regulation Group. He helped lead the organization’s extensive preparations for the EU-Exit, as well as the unprecedented challenges of the Covid-19 pandemic. The new era of the Civil Aviation Authority continues its relentless focus on safety, whilst driving increased benefits for consumers, best value for industry, enabling new technologies and working internationally. As the industry welcomes a period of sustainable growth, Bishton welcomes the challenge of fulfilling the Civil Aviation Authority’s mission to continue to deliver the highest standards of safety and security, supporting consumers, and enabling innovation.
Sir Stephen Hillier, chair of the U.K. Civil Aviation Authority, warmly welcomed this appointment, saying: “Having worked closely with Rob for a number of years, I am delighted he will be our new chief executive. With safety and consumers at the heart of our mission, his deep understanding of the sector makes him very well prepared for the complex challenges and opportunities ahead. “Under Rob’s leadership, I am confident that we will continue to excel in our mission to ensure a safe, secure and pioneering aviation and aerospace industry.”
Bishton said: “I am delighted to be taking on the role of chief executive. The Civil Aviation Authority plays a vital role in shaping the future of aviation and aerospace. I am committed to working closely with our stakeholders to ensure that the industry remains safe, innovative and competitive. It is our commitment to deliver for consumers, who rightly expect the highest standards from our industry. “Working alongside all of our dedicated people, our fantastic executive team and the board, I look forward to building on the Civil Aviation Authority’s legacy of excellence on both the domestic and global stages.”
Transport Secretary Mark Harper said: “It’s vital that the U.K.’s Civil Aviation Authority has strong leadership to manage and regulate one of the most competitive and innovative aviation sectors in the world, so it’s great to welcome Rob Bishton as the new chief executive officer. “ROB HAS BEEN A VALUABLE MEMBER OF THE CIVIL AVIATION AUTHORITY SINCE 2014 AND HAS OVER 30 YEARS OF AVIATION EXPERIENCE. It is welcome news to see that work continues to help deliver greater consumer protections, regulate the sector and ensure future innovation is done safely and securely.”
This press release was prepared and distributed by the U.K. Civil Aviation Authority.
EASA strategy director named as interim successor to long-standing chief Ky
By David Kaminski-Morrow31 August 2023
European Union Aviation Safety Agency strategy director LUC TYTGAT will oversee the regulator from the beginning of September, as the authority seeks a permanent successor to executive director PATRICK KY.
Ky steps down as the head of EASA on 1 September having served a second five-year term in the role. He sought to simplify the authority’s procedures in order to establish more efficient rulemaking processes, and led the organisation as it dealt with the impact of the pandemic and the proliferation of electric VTOL programmes. But he was also tasked with steering EASA through the safety crises which emerged in relation to the Boeing 737 Max, the shooting-down of Malaysia Airlines flight MH17, and the deliberate crash of a Germanwings Airbus A320.“I am proud of my legacy,” says Ky. “EASA is now a worldwide reference point for aviation safety. We have been consistently on the forefront of innovation and have simplified and adapted our rules to meet the needs of the entire aviation industry.”
Tytgat joined EASA in early 2015 having held responsibility for air transport and space domains in the European Commission. His career has included serving with Eurocontrol and he has held senior positions in relation to the Single Sky initiative and Galileo satellite-navigation programme. He has assisted with developing a more “agile” regulatory framework, says the authority, and has re-aligned EASA’s strategy with respect to environmental, safety and security concerns. As acting executive director, Tytgat says his aim is to ensure that EASA “continues to deliver on its many projects” and make certain that its “operational and reputational position remains intact”.
UK regulatory consultancy CAA International’s former managing director, Maria Rueda, will succeed Tytgat as EASA director of strategy and safety management in October.
Biden’s nominee to lead FAA eases through Senate committee questioning
The Senate is acting swiftly to fill the top job at the aviation agency after an 18-month stint with no confirmed leader
By Ian Duncan
and
President Biden’s choice to lead the Federal Aviation Administration received a mostly warm welcome in a Senate committee Wednesday, raising the prospect of a speedy confirmation vote after the AGENCY HAS GONE 18 MONTHS WITHOUT A CONFIRMED LEADER.
Biden last month selected Michael Whitaker, a former deputy FAA administrator and United Airlines executive, to fill the agency’s top job. Whitaker, who has been widely praised by industry leaders, has three decades of experience in aviation.
If confirmed, Whitaker would step into the agency at a difficult time. The year began with the failure of an FAA computer system that led to the first nationwide halt in air travel since the Sept. 11 attacks, amid a spate of near miss incidents involving airliners. The agency is also grappling with a shortage of air traffic controllers and is operating under a short-term extension of its authorizing law, set to expire at the end of the year.
Whitaker told the Senate Commerce Committee that his three-year stint at the agency is his most important qualification for the post, which would allow him to make an “immediate impact.”
“My priority will be the safety of the flying public,” he said. “They have put their trust in the FAA to keep aviation the safest way to travel, and the world has looked to us for decades as the gold standard.”
Senators from both major parties emphasized the need for stable leadership at the agency. Whitaker was introduced by Rep. Sam Graves (R-Mo.), chairman of the House Transportation Committee, who said consistency is key to ensuring safety.
“Unfortunately, the only thing that has been consistent at the agency since the former admin. departed is the growing list of acting positions,” Graves said.
Much of the hearing focused on rebuilding the FAA’s reputation and improving safety after the crashes of two Boeing 737 Max jets that the agency had certified as safe; how to rebuild the agency’s workforce; and ways to integrate aircraft such as electric air taxis, drones and supersonic jets into the aviation system.
Sen. Maria Cantwell (D-Wash.), the committee’s chairwoman, said Whitaker would be stepping into the role at a time when the FAA needs to continue modernizing its technology and workforce while upholding safety.
After the hearing, Cantwell said Whitaker had performed well and garnered bipartisan support. She said she hopes to hold a committee vote on his nomination shortly after an Oct. 16 deadline for Whitaker to submit answers to lawmakers’ written questions. In a questionnaire submitted to the committee, Whitaker said the key to safety efforts would be ensuring the FAA has adequate staffing and demonstrates “constant diligence” in analyzing safety data to identify and mitigate threats.
Whitaker also pledged to use “all available means” to increase the number of air traffic controllers and other key safety and operational employees. The shortage of controllers, which has dogged the agency for years and was exacerbated by the coronavirus pandemic, had led to finger-pointing between airline executives and the FAA as the industry scrambled to meet pandemic-era demand for flights. This past summer, airlines reduced the number of flights out of New York-area airports because of a shortage of controllers to manage flight traffic — an initiative that will extend into 2024.
Sen. Ted Cruz (Tex.), the committee’s top Republican, noted the FAA has been trying to boost its ranks of air traffic controllers since Whitaker helped lead the agency during the Barack Obama administration. Cruz said a major challenge is limited capacity at the FAA’s training academy. He asked whether Whitaker would endorse the construction of a second school, as the committee has proposed. “I certainly would,” Whitaker said. “Looking at those choke points and understanding where the problems lie will be an early priority.”
Steve Dickson, the last FAA administrator to be confirmed by the Senate, stepped down part way though his term in MARCH 2022. He guided the agency through the relaunch of the 737 Max after the deadly crashes called the FAA’s reputation into question.
Biden initially nominated Denver International Airport chief executive Phillip Washington to the post, but the committee did not act on his nomination amid questions about his qualifications. After a hearing in March, when Republicans sought to highlight gaps in Washington’s aviation knowledge, his nomination eventually was withdrawn.
Whitaker’s path, in contrast, has been smoother, with lawmakers holding a hearing weeks after his nomination. Even aviation labor leaders who have voiced initial reservations about Whitaker’s work in airline management said their concerns were dispelled amid conversations with him. During the hearing, Sen. Peter Welch (D), who represents Whitaker’s home state of Vermont, said, “I’ve been to hearings that have been a little rougher on the person in your chair than this one. I think it’s a testament to your qualifications.”
Whitaker learned to fly when he served at the FAA, a time when he was responsible for overseeing an overhaul of the air traffic control system known as NextGen. While that work is in its final stages, the agency continues to face pressure to update aging technology and computer systems. The failure in January of a system that delivers preflight bulletins to pilots — bringing air traffic to a halt — revealed the FAA’s struggle to make progress.
Whitaker is chief operating officer at Supernal, a company working to build electric-powered aircraft. He earns $1.2 million in salary and bonus payments, according to his financial disclosure.
Flying taxis need FAA approval. An industry exec could be its next leader.
Start-ups and existing aviation firms are racing to develop the new class of aircraft, promising it will combine the benefits of planes and helicopters to whisk passengers quietly and cleanly across congested cities. Ensuring safety would be part of Whitaker’s work at the FAA, although federal rules require he recuse himself for two years from decisions involving a former employer.
In his opening remarks, Whitaker noted how quickly aviation is changing, saying “flying taxis were still only in cartoons” a few years ago.
Sen. Jerry Moran (R-Kan.) said progress on adopting new aviation technology has moved at a “glacially slow pace,” asking Whitaker how he would make advancements. “Safety will always be the number one priority, but we can’t use that as an excuse not to move more quickly,” Whitaker said.
Whitaker’s disclosure form highlights his career in aviation. In an undated speech included in the file, he talked about the industry’s record of turbulence. He said he joined Trans World Airlines as an attorney in 1991, before the airline filed its first bankruptcy.Ten years earlier as a college student traveling through Europe, he said he became stranded at Heathrow Airport for a week after President Ronald Reagan fired air traffic controllers who had gone on strike.
He noted the industry faced fallout from the 2001 terrorist attacks, as well as budget battles in Congress a decade later.
“It has been a very rocky ride,” he said. “There are no guarantees in this business. And like most of you here, I wouldn’t trade a career in aviation for anything!”
Asked on disclosure forms whether he had been investigated, arrested, charged or held by any federal, state or other law enforcement authority, Whitaker disclosed that in 1979, he was stopped in Louisville for “doing doughnuts” in a parking lot. He paid a $10 fine.
