Transportation

Committee reveals whistleblower complaint against Hawaii FAA office


With help from Brianna Gurciullo

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— The Senate Commerce Committee has been looking into a whistleblower complaint alleging mismanagement at the FAA’s office in Hawaii.

— Boeing disclosed in a filing on Friday that the SEC is investigating the company over the 737 MAX, confirming earlier reports.

The FAA is getting ready to launch its Space Data Integrator in August.

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WHISTLEBLOWER ALLEGES FAA MISCONDUCT IN HAWAII: The Senate Commerce Committee revealed Friday that it’s looking into whistleblower claims about misconduct by FAA managers at the Flight Standards District Office in Honolulu. One whistleblower said managers there “frequently overrode the recommendations of inspectors” and at least one manager issued improper check ride certifications. Another said managers in the office have an inappropriately close relationship with Novictor Aviation, a helicopter tour operator in the state. In one case, a pilot who received a check ride by an improperly certified employee crashed a helicopter that killed all three aboard.

Chairman Roger Wicker (R-Miss.) said his committee has been looking into the claims, as well as alleged retaliation against the second whistleblower, Joseph Monfort. The committee said in a statement it finds Monfort’s claims credible, and its review has led to “significant concerns” about FAA oversight in Hawaii. “As a result, Chairman Wicker has requested that the Inspector General for the Department of Transportation conduct a thorough investigation into these allegations of regulatory violations and whistleblower retaliation,” the committee said. Democrats are on board, too, with ranking member Maria Cantwell (D-Wash.) saying she wants a thorough review.

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BOEING REVEALS SEC INVESTIGATION: The company disclosed on Friday that it’s under investigation by the SEC over the 737 MAX, Pro’s Kellie Mejdrich reports. The investigation was noted in a section disclosing risk factors for investors as part of the Chicago-based aviation company’s 10-K, the comprehensive annual report filed with the SEC. “We also are fully cooperating with U.S. government investigations related to the accidents and the 737 MAX, including investigations by the U.S. Department of Justice and the Securities and Exchange Commission,” Boeing wrote in the disclosure.

More on the MAX: Disagreement between U.S. and European aviation regulators over whether certain wiring in the planes should be relocated could further delay its return to service, The Wall Street Journal reports. FAA Administrator Steve Dickson is set to make a decision in the next few weeks.

U.S. NOT YET PROHIBITING FLIGHTS FROM CHINA: Flights from China to the U.S. will be “funneled” through select airports because of the Wuhan coronavirus, our Brianna Gurciullo reports. As of Sunday night, the flights shifted to airports in D.C., New York, Chicago, Los Angeles, San Francisco, Seattle, Atlanta and Honolulu, and airports in Dallas, Detroit and Newark will be added to the list starting tonight. The move aligns with a proclamation by President Donald Trump and will “focus the expertise of the medical professionals,” who will conduct health screenings for travelers arriving from China, according to acting DHS Deputy Secretary Ken Cuccinelli. The administration is not considering a ban on flights from China at this point, DOT said Friday.

FAA WORKING ON DRONE TYPE CERTIFICATION: The FAA announced a new policy on drone certification that proposes certain unmanned aircraft systems be certified as a “special class” of aircraft. The agency said it will announce criteria for individual applicants as the special class evolves, and then issue a rulemaking once generally applicable standards have been developed. The UAS affected by the policy will include those used by companies for package delivery, according to the notice in the Federal Register. The FAA is taking comments for the next 30 days.

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STATE SLAMS ICAO: The State Department criticized the International Civil Aviation Organization, the U.N.’s aviation wing, for blocking critics of its Taiwan policy on Twitter. “Blocking Twitter users who make reference to Taiwan’s participation in international organizations, particularly given the global response to the coronavirus crisis, is outrageous, unacceptable, and not befitting of a UN organization,” State said in a statement. The U.S. has been withholding its dues from the agency, citing a need for more public access to information and whistleblower protections.

A TEXAS LAW CHALLENGED BY DRONE USERS: A drone industry group is joining a challenge to a Texas law regulating drone operations, arguing that it violates the FAA’s jurisdiction over airspace. The Association for Unmanned Vehicle Systems International, along with the Consumer Technology Association, filed an amicus brief supporting a Texas journalist’s lawsuit against Texas Government Code Chapter 423, which prohibits UAS operations over certain critical infrastructure.

“The Federal Aviation Act was passed precisely in order to vest exclusive control over air navigation with a federal authority, and to avoid the disastrous consequences that arose when multiple jurisdictions attempted to control movement through the same airspace,” the groups wrote in their brief, also arguing that the law’s restrictions threaten the UAS industry in Texas.

NEVER UNDERESTIMATE A DROID: The FAA is looking to “deploy” its Space Data Integrator in August, Dickson said late last week during a speech filled with references to “Star Wars” and his time as a U.S. Air Force fighter pilot. “SDI, when I was a kid, meant something different. But this Space Data Integrator will feed real-time data from the space vehicle into the FAA’s traffic flow management system,” Dickson said at his agency’s Commercial Space Transportation Conference. “Having that data during an actual operation is a big deal. It’ll be like having our own C-P30, but not nearly as annoying.” (C’mon, Mr. Administrator, It’s C-3PO.)

Name change? Dickson also noted that the FAA is reviewing recommendations from a pair of “aviation rulemaking committees” related to commercial space — one on spaceports and another on access to U.S. airspace. The recommendations will be published eventually, and an FAA spokesperson couldn’t provide a timeline. “If you want to carve out a spot in the national airspace system, you have to have a regulatory framework to make all that work,” Dickson said. “In fact, I think we need to start calling it the national aerospace system.”

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A new mission: Lirio Liu was named executive director of operational safety for the FAA’s Office of Commercial Space Transportation. Liu was previously the head of the agency’s Office of Rulemaking. She’ll formally start when the commercial space office’s organizational changes are finalized, which the FAA hopes will happen in March.

Also: Last week, the FAA launched (pun intended) a new site on commercial space.

THIS WEEK ON THE HILL: The Senate Commerce Committee talks trucking, with a hearing on Tuesday featuring reps from the American Trucking Associations, the Owner-Operator Independent Drivers Association, the Commercial Vehicle Safety Association and the Livestock Marketing Association. On Wednesday, the House Transportation Committee holds a hearing on improving railroad grade crossing safety. T&I also has a Thursday hearing on assessing the transportation needs of tribes, federal land management agencies, and U.S. territories. Also on Thursday, the House Homeland Security Committee holds its second hearing on facial recognition, to examine DHS’ use of the controversial technology. John Wagner, a deputy executive assistant commissioner at CBP, will testify.

Mufaddal Ezzy is switching automated vehicle companies, jumping from Waymo to Aurora to be director of public affairs.

— “Major union flips support from Sanders to Biden.” POLITICO Pro.

— “Helicopter safety bill filed in wake of crash that killed Kobe Bryant, his daughter and seven others.” CNBC.

— “U.S. hits Airbus with massive penalty.” POLITICO Pro.

— “Amtrak Downeaster set new ridership record in 2019.” Portland Press Herald.

— “Aston Martin delays electric car plans after raising emergency funds.” The Verge.

DOT appropriations run out in 240 days. The FAA reauthorization expires in 1,335 days. Highway and transit policy is up for renewal in 240 days.





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