POTUS Involvement in FAA Operations

kontiki

kontiki

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After the second 737 Max crash, it was the president that announced that aircraft was grounded in US Airspace. I don't know exactly what was suspended or revoked, just that it was no longer airworthy.

I get that the POTUS is CIC. Was there some structural change that occurred in the way the FAA runs for that to happen? I assume the POTUS always had the authority. I just keep thinking there is a story there and I'm curious what it it.

I've been "Watching with interest," since I picked up my first copy of Aviation Week when I was a Corporal (USMC) on Ready Room duty in 1974. I just don't ever remember seeing anything like that before. When has a sitting president play an active role in the day to day affairs of the FAA? Without getting into the political mosh pit, anyone know what changed?
 
kontiki said:
it was the president that announced that aircraft was grounded in US Airspace. I don't know exactly what was suspended or revoked, just that it was no longer airworthy.
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As far as I'm aware the president simply jumped the gun and publicly announced the FAA planned to ground the MAX but he did not personally ground the aircraft if that is what you are asking. All the MAX grounding documents and subsequent follow up docs were initiated and signed by the FAA. Never seen any docs signed by potus on the matter. There's a detailed report that gives the timelines and includes copies of all the above grounding docs if you're interested.
 
The FAA falls under the Department of Transportation (DOT), which is an executive agency branch. I had to do a little digging because the news articles that I looked at didn't link to the FAA order. Here's what I found:

The overall timeline from the FAA, which also links to the actual grounding order:
https://www.faa.gov/newsroom/faa-updates-boeing-737-max-0

This is the actual emergency order issued by the FAA:
https://www.faa.gov/sites/faa.gov/files/2021-08/Emergency_Order.pdf

Here are the relevant statutory sections as described by the order:

49 USC §40113(a)
https://www.law.cornell.edu/uscode/text/49/40113

49 USC §46105(c)
https://www.law.cornell.edu/uscode/text/49/46105

49 USC §44701(a)
https://www.law.cornell.edu/uscode/text/49/44701

The most important part to answer your question is that Congress passed a law authorizing the FAA to do this as outlined in the above statutes. As for the President having the authority, he can direct the FAA to issue the order since he's the chief executive and the FAA, and thus the Secretary of Transportation, work for him.
 
kontiki said:
After the second 737 Max crash, it was the president that announced that aircraft was grounded in US Airspace. I don't know exactly what was suspended or revoked, just that it was no longer airworthy.

I get that the POTUS is CIC. Was there some structural change that occurred in the way the FAA runs for that to happen? I assume the POTUS always had the authority. I just keep thinking there is a story there and I'm curious what it it.

I've been "Watching with interest," since I picked up my first copy of Aviation Week when I was a Corporal (USMC) on Ready Room duty in 1974. I just don't ever remember seeing anything like that before. When has a sitting president play an active role in the day to day affairs of the FAA? Without getting into the political mosh pit, anyone know what changed?
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POTUS got all kinds of involved in FAA affairs in August of 1981.
 
The FAA grounded the max after 40 some other countries did a few days prior.
 
Racerx said:
The FAA grounded the max after 40 some other countries did a few days prior.
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The FAA grounded the MAX fleet when the Ethiopian stabilizer jack screw was recovered and was determined to be in the full nose-down position. That was what linked the Ethiopian accident to the Lion Air accident. Prior to that, the connection between the two accidents was circumstantial.
 
luvflyin said:
POTUS got all kinds of involved in FAA affairs in August of 1981.
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:yeahthat:

kontiki said:
I get that the POTUS is CIC.
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Commander in Chief of the military only. Not sure what the proper term is for the executive departments. Chief Executive? Maybe a government or political science wonk can help us out.
 
Van Johnston said:
:yeahthat:



Commander in Chief of the military only. Not sure what the proper term is for the executive departments. Chief Executive? Maybe a government or political science wonk can help us out.
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Yes, Chief Executive. The President is chief of the executive branch, head of state, and commander in chief of the armed forces.
 
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