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FAA News: Leadership Changes, Reauthorization Stalls, and More [DRONELIFE Exclusive Dive]

FAA newsThe Federal Aviation Administration is going through a period of change, as a new interim leadership team is put into place and an FAA Reauthorization Package stalls in the Senate.

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DroneLife · FAA – News – Leadership – Changes – Reauthorization – And – MoreThe FAA news this month ranged from announcements of former Acting Administrator Billy Nolen’s new job to revealing the new Acting Administrator and pressures from Congress for President Biden to quickly fill vacant spots with permanent staff.  Additionally, after promising bi-partisan support for the FAA Reauthorization Package in the House, the package has stalled in the senate.  For the drone industry, the FAA news could indicate more delays on drone-related rulemaking.

FAA Leadership: Acting Roles Filled, Rumor of Next Nominee

The FAA has been without an appointed FAA Administrator since Trump appointee Steve Dickson stepped down mid-way through his 5 year term on March 31, 2022.  FAA Associate Administrator for Aviation Safety, Billy Nolen, replaced Dickson as Acting Administrator: Nolen left the post after 14 months in June of 2023 to join eVTOL manufacturer Archer Aviation. Nolen has now been replaced with Deputy U.S. Transportation Secretary Polly Trottenberg. Before accepting the post at the DOT, Trottenberg served from 2014-2020 as New York City’s Transportation Commissioner.

In addition to naming a new Acting FAA Administrator, the Biden Administration also announced this month that it would appoint the current FAA Chief of Staff, Katie Thomson, as Deputy Administrator.  The Department of Transportation Deputy Assistant Secretary for Administration, Keith Washington, will step into Thomson’s seat as Chief of Staff.

The current Deputy FAA Administrator, A. Bradley Mims, is moving to the Office of the Secretary and will lead the Office of Small and Disadvantaged Business Utilization at DOT.

In an FAA announcement on the new staffing, Transportation Secretary Pete Buttigieg said it was a “challenging and dynamic” period for aviation.  “I am pleased to announce a team of experienced leaders to guide the FAA,” said Buttigieg. “I am grateful to Billy for his service during one of the most challenging and dynamic times in aviation, and I have full confidence in Polly’s steady hand during the search for a permanent administrator.”

A permanent FAA Administrator must be appointed by the president and confirmed by the Senate.  President Biden’s first nominee to the position, Phil Washington, withdrew his petition for the job in March of 2023 after his confirmation stalled in the Senate over concerns that he lacked the depth of aviation experience required for the job.  Now, Axios.com reports that the next nominee for FAA Administrator is rumored to be Mike Whitaker.  Whitaker worked in the FAA as Deputy Administrator during the Obama administration, before taking up a position at Hyundai’s UAM company, Supernal.

FAA Reauthorization: What it is, What Happens Next

FAA Reauthorization is essentially a funding approval package, designed to fund the agency for a five year period.  The current authorization, passed in October of 2018, runs out September 30, 2023.  In the package, lawmakers outline priorities, requirements, and deadlines for FAA activities.

The House of Representatives passed a bi-partisan reauthorization package on June 14. Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935), passed by a vote of 63 – 0 before moving on to the Senate.

The Senate has now indefinitely postponed markup of the bill; sources indicate that they will not resume discussion of FAA Reauthorization until after the July 4 break.  Senators have expressed a variety of concerns, including the expansion of flights in and out of Ronald Reagan airport in Washington, DC, and the expansion of simulator use for pilot training.

What Happens if the Senate Doesn’t Pass an FAA Reauthorization Package?

If the Senate fails to pass an FAA Reauthorization package, the FAA will be unfunded.  Under this scenario, Congress has previously passed as many emergency extensions to the current package as needed until they can agree upon a reauthorization package.

While FAA Reauthorizations are intended to last for 5 years, before the current 2018 FAA Reauthorization FAA had not been funded for a 5 year period since 1982.  The 2018 FAA Reauthorization was the first multi-year authorization since 2012.  Between 2012 and 2018, the FAA was funded for 6 years by a series of extensions.

Drone Regulations: What to Expect

The House Reauthorization package pushed for timely results on a rulemaking for flight Beyond Visual Line of Sight, called for greater leverage of FAA test sites, and emphasized the need to move drone integration forward.  If the Reauthorization package stall, however, those timelines and goals will also be put aside.  In the meantime, the FAA has indicated that they will work to expand the waiver process to include more stakeholders and more flights before moving forward on a rulemaking.

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