Federal Aviation Administration: Difference between revisions

The FAA has been cited as an example of [[regulatory capture]], "in which the airline industry openly dictates to its regulators its governing rules, arranging for not only beneficial regulation, but placing key people to head these regulators."<ref name="davidoff-regcap">{{cite news |last=Solomon |first=Steven Davidoff |title=The Government's Elite and Regulatory Capture |work=DealBook |publisher=The New York Times|date=June 11, 2010 |url=https://dealbook.nytimes.com/2010/06/11/the-governments-elite-and-regulatory-capture/ |access-date=July 28, 2019 |archive-date=January 20, 2020 |archive-url=https://web.archive.org/web/20200120214649/https://dealbook.nytimes.com/2010/06/11/the-governments-elite-and-regulatory-capture |url-status=live}}</ref> Retired NASA Office of Inspector General Senior Special Agent [[Joseph Gutheinz]], who used to be a Special Agent with the [[Office of Inspector General for the Department of Transportation]] and with FAA Security, is one of the most outspoken critics of FAA. Rather than commend the agency for proposing a $10.2 million fine against Southwest Airlines for its failure to conduct mandatory inspections in 2008, he was quoted as saying the following in an Associated Press story: "Penalties against airlines that violate FAA directives should be stiffer. At $25,000 per violation, Gutheinz said, airlines can justify rolling the dice and taking the chance on getting caught. He also said the FAA is often too quick to bend to pressure from airlines and pilots."<ref name="ap-mailtrib/msnbc" /> Other experts have been critical of the constraints and expectations under which the FAA is expected to operate. The dual role of encouraging aerospace travel and regulating aerospace travel are contradictory. For example, to levy a heavy penalty upon an airline for violating an FAA regulation which would impact their ability to continue operating would not be considered encouraging aerospace travel.

In 2007, two FAA [[whistleblower]]s, inspectors Charalambe "Bobby" Boutris and Douglas E. Peters, alleged that Boutris said he attempted to ground Southwest after finding cracks in the [[fuselage]] of an [[aircraft]], but was prevented by supervisors he said were friendly with the airline.<ref name="latimes-faa">Johanna Neuman, [http://www.latimes.com/travel/la-trw-airlines4apr04,0,4935961.story "FAA's 'culture of coziness' targeted in airline safety hearing"], ''Los Angeles Times'' (April 3, 2008). {{Webarchive |url=https://web.archive.org/web/20130123163445/http://www.latimes.com/travel/la-trw-airlines4apr04,0,4935961.story |date=January 23, 2013 }}. Retrieved April 11, 2011.</ref> This was validated by a report by the [[United States Department of Transportation|Department of Transportation]] which found FAA managers had allowed [[Southwest Airlines]] to fly 46 airplanes in 2006 and 2007 that were overdue for safety inspections, ignoring concerns raised by inspectors. Audits of other airlines resulted in two airlines grounding hundreds of planes, causing thousands of flight cancellations.<ref name="ainonline">{{cite web |url-status=dead |first1=Paul |last1=Lowe |url=http://www.ainonline.com/aviation-news/aviation-international-news/2008-08-31/bill-proposes-distance-between-airlines-and-faa-regulators |title=Bill proposes distance between airlines and FAA regulators |archive-url=https://web.archive.org/web/20130115173911/http://www.ainonline.com/aviation-news/aviation-international-news/2008-08-31/bill-proposes-distance-between-airlines-and-faa-regulators |archive-date=January 15, 2013 |website=AINonline |date=September 1, 2008 |access-date=April 11, 2011}}</ref> The [[United States House Committee on Transportation and Infrastructure|House Transportation and Infrastructure Committee]] held hearings in April 2008. [[Jim Oberstar]], former chairman of the committee, said its investigation uncovered a pattern of regulatory abuse and widespread regulatory lapses, allowing 117 aircraft to be operated commercially although not in compliance with [https://www.faa.gov/regulations_policies/ FAA safety rules].<ref name="latimes-faa" /> [[Jim Oberstar|Oberstar]] said there was a "culture of coziness" between senior FAA officials and the airlines and "a systematic breakdown" in the FAA's culture that resulted in "malfeasance, bordering on corruption".<ref name="latimes-faa" /> In 2008 the FAA proposed to fine Southwest $10.2 million for failing to inspect older planes for cracks,<ref name="ap-mailtrib/msnbc">{{cite web |first1=David |last1=Koenig |url=http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20080307/BIZ/803070316/-1/rss05 |title=Southwest Airlines faces $10.2 million fine |website=[[Mail Tribune]] |agency=Associated Press |date=March 6, 2008 |access-date=April 11, 2011 |url-status=dead |archive-url=https://web.archive.org/web/20120925031746/http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20080307/BIZ/803070316/-1/rss05 |archive-date= Sep 25, 2012 }}</ref> and in 2009 [[Southwest Airlines|Southwest]] and the FAA agreed that [[Southwest Airlines|Southwest]] would pay a $7.5 million penalty and would adopt new safety procedures, with the fine doubling if Southwest failed to follow through.<ref>John Hughes for Bloomberg News. March 2, 2009. [https://www.bloomberg.com/apps/news?pid=newsarchive&sid=avFzkpTRRnHc&refer=us Southwest Air Agrees to $7.5 Million Fine, FAA Says (Update2)] {{Webarchive |url=https://web.archive.org/web/20150924190006/http://www.bloomberg.com/apps/news?pid=newsarchive&sid=avFzkpTRRnHc&refer=us |date=September 24, 2015 }}</ref>