Meet the Administrator
By Ed Downs
Heading for EAA AirVenture this year? How about attending some of the great forums presented by experts in their fields. Always well attended by show visitors, and especially by the aviation press, is the “Meet the Administrator” forum, scheduled for 11:30 to 12:45 CDT in The Theater in the Woods. Here is a chance for you, and a variety of aviation organizations, to face key FAA personnel and ask hard questions. But 2023 may be different… you see… there is no FAA Administrator. After more than two years in office, the Executive branch, represented by Secretary of Transportation, Pete Buttigieg, has not recommended an FAA Administrator candidate that could stand up to congressional (or industry) scrutiny. Instead, we see a well-qualified Acting FAA Administrator (Billy Nolen) leave for opportunities in private industry and the Administrator’s position left empty. Within days of the announcement that Mr. Nolen was moving on, Secretary Buttigieg quickly chose another Acting FAA Administrator, Polly Trottenberg, who will be at the Forum. It is also this writers understanding that Dr. Susan E. Northrup, MD MPH, FAA Federal Air Surgeon, will also be present at the event. But allow this writer to digress for a moment… but do keep reading. There is a “to do” recommendation at the end of this editorial that you, the readers attending the Meet the Administrator Forum, can definitely act upon if you so choose.
Regular readers of this writer’s editorial ramblings have probably noted that past subject material has been primarily limited to flying fun and safety. But that has changed in recent months as the National Airspace System faces a series of challenges unique to the current political environment. Having been employed by two major airlines, the largest airspace company in the country, having a long history in GA, charter flying and aircraft manufacturing, this writer has certified aircraft and trained flight crews in more than 30 countries. The endless fun included four years in Washington D.C. representing the airline industry with a major lobby organization. One learns a lot about politics and how “the system really works.” This writer sees a significant and unwelcome change taking place. More and more, the legislative branch of our government is subcontracting their authority to bureaucratic agencies that do not report to Congress, but to the Executive branch. While politicians argue about gas stoves and bathrooms, the day-to-day running of the country now belongs to bureaucrats whom we do not know and did not elect. The power of these bureaucracies is nearly limitless, especially those that have regulatory and enforcement responsibilities. The FAA is a prime, but certainly not the only, example.
Given this writer’s 65 years in professional aviation, I have worked with some great business managers and industry leaders. Early on in this long addiction to aviation, a memorable manager offered me some advice I have never forgotten. The advice went something like, “Ed, as you become a manager, you will need to hire people with the best talents that can be found. All too often a new manager who may be a ‘10,’ hires a ‘9’. A ‘9’ hires an ‘8,’ and so on. Don’t let that downslide in skill happen. Always look for the ‘11.’ They will make you look good, and you might actually learn something.” Good advice, eh? Is that what we have going on in today’s government bureaucracies?
America is slipping into a pattern of rule headed up by the Executive branch through cabinet level bureaucracies. Remember, the various bureaucracies, like the Department of Transportation and its sub-department, the FAA, are governed at the cabinet level, not by Congress. Most of what we now do in life, especially aviation-related, is governed by the DOT and FAA, led by political appointees. All of which brings us to a disturbing question. Is the DOT, parent of the FAA, being led by a “10?” And does that “10” have a reputation for hiring “11’s?” Obviously, a rhetorical question.
Increasing airline-related runway incursions, failed data systems, massive airline delays and cancellations, support of a dictatorial and poorly qualified medical division, ATC staff shortages and the recommendation of a permanent FAA Administrator so poorly qualified that he took himself out of the running, tend to say a lot about DOT leadership. And we are looking at only the aviation side of the DOT. How is our transportation infrastructure doing, especially railroad safety? This clearly indicates that DOT management is a long way from “10” status. It is therefore not surprising that a full time FAA administrator has not been selected and the latest Acting Administrator may be one of the least qualified to hold that position in many years. To be fair, this writer has seen some pretty bad choices for FAA leadership, but this one underscores the trend toward bureaucracies running the government, led by favored political operatives, not technically qualified individuals with experience in the field being governed. Indeed, bureaucracies tend to become “self-running” governments of the non-elected. For example, given a ten-year study, denials of third-class medical certificates have increased by 57 percent in just the last six years. Is this a true need based upon safety issues, or simply a bureaucracy proving “it is getting the job done?” It is not lost on this writer that aviation is not the only highly-regulated endeavor caught up in this race for governance by appointee. I am sure readers will recognize the same symptoms of decay in their own professions or special areas of interest.
So, where does that leave us with the Meet the Administrator Forum. Simply skip it? With Acting Administrator Trottenberg and the FAA Federal Air Surgeon Northrup scheduled to be in attendance, you need to be there representing the real world of civilian aviation. Acting Administrator Polly Trottenberg has absolutely no experience dealing with the National Airspace System and needs to see that the “rank and file” give a hoot. This is not a complaint because Ms. Trottenberg is not a pilot, but that an FAA administrator, acting or permanent, needs to have the knowledge to properly assess if what internal department heads are saying is true. This is exactly the type of “boss” loved by the “deep state.” Dr. Northrup MD MPH, and her lead manager running the Aerospace Medical Certification Division (class medical issuance, denials, and revocations), Dr. David M. O’Brien MD MPH, have much in common. Both are retired Air Force professionals, have limited, if any, experience in private practice, with FAR 91 flying and training or the world of FAR 121 and FAR 135 Operations Specifications. And what does the “MPH” stand for when added to the title MD? A quick run to Wikipedia came up with “an advanced skillset required to develop culturally aware public health plans and policies that help diverse individuals and populations thrive.” Just the leadership you want to talk to about your personal flight medical issues… right?
What should we expect at the “Meet the Administrator?” We are sure to hear carefully scripted statements that allude to new programs that will probably never come to pass, followed by a limited questions and answer session. Industry representatives will present a welcoming handshake and promise to work proactively with the new FAA leadership. That is their job, and they are good at it. But as private aviators who are often victims of this downward slide in skill sets, we do not have to be so polite. We deserve better and need to make that feeling known. Here is where you, the person enjoying a great AirVenture experience, can politely, and in a soft spoken, factual manner, voice or paraphrase the following thoughts.
To Acting FAA Administrator Trottenberg – As certified aviators, both private and commercial, we are taught and tested on the principles of Aeronautical Decision Making (ADM). A cornerstone of the ADM process is an honest evaluation of our own attitudes, knowledge, and abilities prior to each and every flight. Models are provided to help us conduct this self-evaluation. Risk analysis techniques are used to cancel a flight if we do not pass our own evaluation. We are asking that you do the same. Honestly evaluate your skills and knowledge as it applies to the over half million pilots and passengers that are airborne at any particular moment and time. Do you truly believe that your background and understanding of the National Airspace System are up to the task? Should you, in all good conscience, withdraw from your newly appointed position and aid in the search for an FAA Administrator that can truly lead in supporting one of the most complex systems ever designed by our species?
To FAA Federal Air Surgeon Northrup – As aviators, we are compelled to follow the FAR’s. It is clearly spelled out in FAR 91.3 and 91.7 that we, as pilot in command, have significant authority and responsibility, up to and including, “may deviate from any rule in this part to the extent required to meet an emergency.” This PIC authority requires that we meet well-documented standards of performance and knowledge, maintained through on-going currency standards. The bottom line, we are ultimately responsible for safety, without an FAA bureaucrat constantly looking over our shoulder and second-guessing our every move.
But that PIC authority is not extended to our personal health. The Aeromedical Division can, with little more than a “narrative,” act to override both a pilot’s heath decisions and the medical opinions of practicing physicians we engage as “partners in health,” who are expert in a variety of specialized disciplines. The Aeromedical Division acts in a “top down” military-based manner with no path for communication, discussion or alternatives explored other than a legal appeal to the NTSB. It has recently been disclosed that a large percentage of pilots now routinely omit data, lie or self-medicate to avoid conflicts with Aeromedical. This military-based system, developed in the first half of the last century must be updated to meet the needs and science of the 21st century. Have you considered initiating revisions to the existing class medical system by no longer requiring a “first-time” third-class medical for a Private Pilot certificate, instead using the highly successful Basic Med program? Additionally, have you considered initiating an ASTM-based industry standard for professional pilots that included important input from all stakeholders affected by FAA medical certification?
Sure, these questions are a bit long-winded. Hopefully, they contain some thoughts that can be reconstructed in your own words, at both the “Meet the Administrator” forum and in letters or e-mails to your elected representatives. We hear a lot from the FAA about being short-staffed and overworked. How about considering dropping unproductive regulatory programs and instead, spend limited time on resources on those activities that directly affect flying safety.
