FAA Deputy Administrator Dan Elwell testified last week on Capitol Hill over two days before the House Transportation and Infrastructure Aviation Subcommittee and the House Appropriations Transportation Subcommittee on the agency's implementation of the 2018 FAA Reauthorization Act (Public Law 115-254) During both hearings Deputy Administrator Elwell faced sharp questions from lawmakers about the FAA's relationship with Boeing and its grounded 737 Max jets.

He denied in the hearings that the FAA misled Congress on safety inspectors' training, instead insisting that all pilots who certified the safety of the Boeing 737 Max were qualified. He added that though it is the FAA's responsibility to "assure" that aircraft manufacturers such as Boeing meet the agency's safety standards, it is the company's responsibility to design a safe aircraft. Mr. Elwell also told lawmakers that while his agency is currently fully staffed, he has concerns that the FAA won't be able to find enough qualified engineers in the future because they can't compete salary-wise with the private sector.

Mr. Elwell told the Committee the agency currently was not seeking additional funding for safety efforts, but that it might in the future. Both the House and Senate have proposed boosting spending on aviation safety but have not reached an agreement. Mr. Elwell said the FAA was considering creating an innovation office.

Lawmakers also raised concerns about the FAA failing to implement 10-hour rest periods for flight attendants that were mandated in the 2018 bill. The criticism comes after the FAA published an advance notice of proposed rulemaking last week to increase the rest period for flight attendants. Lawmakers pointed out, however, that the rulemaking process isn't necessary because the rules for breaks are already spelled out in the law. Mr. Elwell also pointed to efforts to develop flight attendant fatigue risk management plans, a separate activity required by the 2018 law. He said the agency has only received 28 plans from airlines, with 20 still missing.

Please do not hesitate to contact us if you have any questions or need any additional information.

Emily Tranter