Coyote Blog

In the aftermath of the two Boeing 737MAX crashes:

For years, the FAA has allowed plane manufacturers to self-certify parts of the oversight process for new planes, called Organization Designation Authorization. This process, in which the aircraft manufacturer’s employees perform some of the safety tests and inspections with FAA oversight, reportedly saved the government body time and money.

That practice was examined at Wednesday’s Senate hearing.

Department of Transportation Inspector General Calvin Scovel III, who testified at the hearing, said the FAA will significantly change the oversight process for new aircraft by July. Speaking in vague terms, Scovel said that the changes would include new ways for the FAA to evaluate the self-certifying process.

Sen. Richard Blumenthal said that putting manufacturers in charge of their own safety audits was like putting “the fox in charge of the henhouse.” Saying he would introduce regulations to ban the practice of companies self-certifying, Blumenthal stated that “the fact is that the FAA decided to do safety on the cheap, which is neither safe nor cheap.”

A few reactions:

1. The fox in the henhouse analogy is not apt.  The fox wants to eat the chickens, whereas Boeing does not want to have airplane failures.  In fact Boeing is going to be paying out on a bunch of really big lawsuits, not only to families of the folks that died and the airlines that lost their planes but also to airlines that have had to change their flight schedules due to these issues.  Airbus sales people will use this story in their pitches until the end of time.  Regulation is not the only, or the most important, check on Boeing's behaviors.
2. That being said, aircraft regulation is a dumb hill for libertarians to die on.  This is just not that big of a deal.  Regulation and capital intensity has pretty much reduced choice in large aircraft to two companies and that will not likely change no matter what extra regulatory hoops are added.  Aircraft are a bit more expensive and spare parts are way more expensive due to our regulatory regime, but I don't think there is a public constituency for making a different trade-off.
3. Whatever the regulatory environment, it is unlikely to actually catch more failures of this sort in the future.  Regulators are notoriously bad at this sort of thing (see: US financial system).
4. I did engineering failure analysis early in my working career and my experience is that this sort of multiple stacked failure -- lack of pilot training for a bad software response based on a failed piece of instrumentation that was not reported as needing maintenance -- is hard to predict.  What will happen now in addition to some software fixes will be more mandatory training on this particular subsystem and likely a requirement that the specific piece of instrumentation involved needs to have redundancy.  At best we should hope they will also do a review of other instrumentation failures that might lead to a flight control issue and consider redundancy or software changes.  But there's always the problem of failure of imagination, the best dramatization of which is in the fabulous From the Earth to the Moon episode on Apollo 1.

One of the more popular features we have been experimenting with is adding aerial video of campgrounds we operate shot from small drones.  Customers love these and find them a great way to experience the campground before the commit to a visit.  Here is an example:

We have done this for all the campgrounds where we have a long-term lease and substantial leeway in operating the park.  However, we have not yet done any videos for the scores of Forest Service.  Perhaps this is why -- here is what I have to do to film a campground the FS has already contracted us to operate and market:

We ask for at least 2 weeks advance notice in order to prepare a permit and have the documentation reviewed by our aviation staff.  The proposal would need to include how your drone operations would address public safety and impacts to users in the campgrounds (I believe that you have to have people’s permission to film them so how to avoid that).  Also as you stated all activities would stay above your sites – no flights above Wilderness or the creek or adjacent canyons.   Due to listed species in the canyon, drone activity would need to occur after September 1 which is after the spotted owl breeding season.  The drone would need to be operated by a FAA licensed commercial drone operator and we would need documentation of a FAA Part 107 Remote pilots license or COA from the FAA.  In addition, we would need to have the operator coordinate with our aviation manager and provide the below information, with direction to be included in a  permit so they can get the information out to our aviation assets in the area:

All approved areas on the forest are to be used at your own risk while adhering to all FAA rules and regulations for UAS operations. Notification to the Forest Interagency Aviation Officer at least 24 hours prior to operations is required to help de-conflict airspace with fire aircraft and other forest aviation assets. Include in your notification:

• Date, time and location of flight
• Names and contact information of pilot(s)
• Make and model of UAS

Fees are based on crew size, 1-10 people for video is $150/day.

Several years ago, I was at a meeting in Washington with senior leaders in the Department of Agriculture, including from the Forest Service, and from a number of other recreation agencies. (You never thought of the Department of Agriculture as a recreation agency did you?  They may have more total recreation sites (not visitation, but absolute number of locations) than Department of Interior.  Anyway, these senior leaders were talking about being more visitor-focused.  They were talking about sophisticated programs to provide all sorts of innovative visitor services, and after a while I just started laughing.  They asked me why, and I pulled up on my tablet a letter I had just received from a Forest Service District Ranger (the lowest level line officer) who denied my request to make and sell hot dogs at a store next to a busy Florida swimming hole we run.

While we appreciate your attempt to provide additional services to recreationists, this service is not consistent with current services offered in other recreation areas.  As a Forest, we would like to provide recreationists with the bare necessities to ensure that their visit is enjoyable.  The sale of hot dogs and nachos is out of that scope.

I have written before that the single best framework for explaining the actions of most government agencies is to assume they are run for the benefit of their employees.  This certainly seems to be the case at the FAA, which can't over 10+ years complete a modernization of its computer system or match free, private Internet tools for flight tracking, but it was able to very quickly publish a web application to promote the danger of the sequester.  Public service is not even on these guys radar screens, as they have shown themselves completely willing to screw the public in a game of chicken to get more funding back for their agency

But after Mr. Coburn published his letter on his website, FAA regional employees wrote to blow the whistle on their bosses. As one email put it, "the FAA management has stated in meetings that they need to make the furloughs as hard as possible for the public so that they understand how serious it is."

Strategies include encouraging union workers to take the same furlough day to increase congestion. "I am disgusted with everything that I see since the sequester took place," another FAA employee wrote. "Whether in HQ or at the field level it is clear that our management has no intention of managing anything. The only effort that I see is geared towards generating fear and demonstrating failure." Just so.

Forget about the economy -- libertarians expect Democrats to be horrible statists in economic matters.  But we hope to get some protection of civil liberties in exchange.  But Obama has been simply awful in this area as well -- prosecuting marijuana sellers that are legal under state law, claiming assassination powers, the drone war, wiretapping, failure to address gay marriage, etc.

Here is but one example - the Orwellian defense of warrantless wiretapping.  You can't sue us unless we tell you there is a wiretap, and we are not going to tell you.

As part of its concerted campaign to prosecute whistleblowers and to classify state secrets, the Obama administration has taken a position in Clapper that makes the Bush administration pro-secrecy campaign seem pale in comparison: namely, that no one can challenge warrantless surveillance unless the government tells you in advance that you’re being surveilled—which national security interests prevent it from doing. When Bush administration offered milder versions of the same arguments, the civil liberties community rose up in protest. Verrilli, for his part, was met by vigorous skepticism from the Supreme Court’s liberal justices.

It’s unfortunate enough that the administration asked the Court to hear the surveillance case in the first place, after the U.S. Court of Appeals for the Second Circuit had ruledthat the plaintiffs —lawyers and human rights and media organizations whose work requires them to communicate with clients, sources, and victims of human rights abroad—had legal standing to bring the case. Although they couldn’t be 100 percent sure that their telephone communications were being monitored, the appellate held that there was a “realistic danger” that their telephone communications were being monitored under the FISA Amendments Act of 2008 (FAA), passed by Congress to codify some of the worst excesses of the Bush administration’s warrantless wiretapping program. This led the journalists and lawyers to suffer tangible injuries—such as having to fly to the Middle East to communicate with clients rather than talking by telephone, for example, or being more circumspect in talking to Middle Eastern sources, as journalists such as Naomi Klein and Chris Hedges alleged.

In his Supreme Court brief and in the oral argument yesterday, however, Verrilli alleged that these harms were too speculative to create legal standing to challenge the law, since the lawyers and journalists couldn’t be sure they were being surveilled under the FAA rather than under some other warrantless wiretapping authority. Essentially, the Obama administration was arguing that targets of surveillance could only challenge the law after they knew they were being surveilled, though the government would never tell them they were being surveilled before bringing a case against them.

I am sure we would all like a ruling that we cannot be sued unless we give the plaintiff permission to do so, essentially what the Obama Administration is claiming here.

Update:  From the Washington Times:

Bloomberg News reported on October 17 that Attorney General Eric Holder “prosecuted more government officials for alleged leaks under the World War I-era Espionage Act than all his predecessors combined, including law-and-order Republicans John Mitchell, Edwin Meese and John Ashcroft.” :

The Justice Department said that there are established avenues for government employees to follow if they want to report misdeeds. The agency “does not target whistle-blowers in leak cases or any other cases,” Dean Boyd, a department spokesman, said.“An individual in authorized possession of classified information has no authority or right to unilaterally determine that it should be made public or otherwise disclose it,” he said.

However, when leaks to the press benefit the administration, prosecutions from the Jusitce Department are absent. For example, AG Holder was not prosecuting anyone over who leaked information about the killing of Oasma bin Laden. The Justice Department has yet to charge anyone over leaking information regarding the U.S. involvement in cyberattacks on Iran as well as an al Qaida plan to blow up a U.S. bound airplane. In fact, the Justice Department ended up appointing one of two attorneys to the cyberattacks investigation who was an Obama donor.

Part of the problem is that if this (or any other) Administration has its way, information that embarrasses the Administration get's classified, on the dubious logic that embarrassing the Administration embarrasses America.  With this definition, all whistle-blowing becomes "espionage".

Update 2:  More on Wiretapping from the EFF

To the contrary, there’s no indication that the still-active warrantless wiretapping program—which includes a warrantless dragnet on millions of innocent Americans’ communications—has significantly changed from the day Obama took office. With regard to the FISA Amendments Act, the Obama Administration has actively opposed all proposed safeguards in Congress. All the while, his Administration has been even more aggressive than President Bush in trying to prevent warrantless wiretapping victims from having their day in court and hascontinued building the massive national security infrastructure needed to support it. ...

Some have suggested it’s possible when Obama said “safeguards” on the Daily Show, he is referring to some unspecified secret administrative rules he has put into place. Yet if these “safeguards” exist, they have been kept completely secret from the American public, and at the same, the administration is refusing to codify them into the law or create any visible chain of accountability if they are violated. But given the ample evidence of Constitutional violations since Obama took office (see: here, here, and here), these secret safeguards we don’t know exist are clearly inconsequential.

America experienced no major terrorist attack on its soil in the run-up to the election.  This can't be for lack of trying.  If the terrorists bombed Spain, at best a peripheral country in the war on terror, to influence its election, you know that they would have loved to have bombed the Great Satan.  But they didn't.  All we got was a VHS valentine from Osama.

Thank you to the US Military, to the administration, to the department of homeland security, to the FAA, to the Phoenix Police, to the FBI, to the CIA, and to everyone else who made this non-event possible.  And, thank you to all the citizens of the US, who, whatever issues they might have with those in power, would never harbor a terrorist.  This sounds like an obvious statement, but its not.  It is in fact our best defense against terrorism.  Europe is much more vulnerable, because it has communities and groups and various cities who ARE willing to aid and abet terrorists.