Story ID: 146Feb19
Industry Leaders Voice Growing Concerns about Shutdown
By: Kerry Lynch
Caption: Aircraft are stranded, training sessions have been canceled, and deliveries slowed.
Word Count: 1607
The failure of the White House and Congress to reach agreement on border wall funding in late December touched off a prolonged partial government shutdown that halted paychecks for 800,000 workers and reverberated throughout the aviation industry. Aircraft were stranded, training sessions canceled or delayed, certification projects slowed, flight authorizations withheld, and deliveries delayed, industry groups reported as the shutdown became the longest in history.

Pointing to the integral role that regulators play in safety and security of nearly every facet of the aviation system, the National Air Transportation Association warned that the aviation industry is among the hardest hit by a shutdown. And just a few weeks into the shutdown, General Aviation Manufacturers Association president and CEO Pete Bunce warned that any additional time could cost the industry billions in the first quarter.

The shutdown began on December 22 after a stopgap funding measure expired for numerous federal agencies, including the Departments of Transportation, Homeland Security, and Commerce. This directly affected activity at the FAA, Transportation Security Administration, and Customs and Border Protection.

For the FAA, nearly 18,000 positions not deemed “life and safety” roles were furloughed. The majority of the workforce, specifically air traffic controllers, remained on duty, but without their regular paychecks.

Key services came to a full stop: on the FAA’s list of interrupted services were airmen certificate issuance, NextGen development, unmanned systems exemption, aviation rulemaking, facility security inspections, routine background checks, air traffic control specialist development, certain drug testing, dispute resolution, and air traffic performance analysis, among many others.

While not specifically spelled out by the FAA, most Flight Standards duties halted, slowing many projects and leaving designated airworthiness representatives in limbo. As the shutdown entered its fourth week, the FAA announced it would bring some inspectors back, but it remained unclear as AIN went to press which activities would be affected. NBAA, however, said it anticipated that the primary focus would be on safety surveillance.
Service Disruptions
“Since the partial government shutdown began [at the end of] December 21, our nation’s aviation system has functioned safely and efficiently thanks to the hard work of dedicated FAA professionals,” said NBAA president and CEO Ed Bolen. “That said, general aviation is a highly regulated industry, so it’s no surprise that some service disruptions are becoming visible.”

NATA outlined a number of company-specific experiences, from disrupted Airbus and Embraer aircraft deliveries (because they couldn’t get the appropriate sign-offs) to one member company that had two aircraft stranded in Canada because the FAA was unavailable to provide special approval for their return to the U.S.

Numerous operators were having issues obtaining ferry permits and/or special flight permits for both domestic and international flights, the association added. Further, NetJets wasn’t able to add new aircraft into its operations, and the shutdown of FAA knowledge testing and check rides created scheduling issues and delays for organizations. Training companies, including FlightSafety International, reported multiple delays and cancelations.

“We as manufacturers have had to slow down our activity significantly,” GAMA’s Bunce told a January 10 rally held over the shutdown. The FAA’s involvement is necessary for certification and validation, aircraft and equipment modifications, and other approvals such as Instructions for Continued Airworthiness and MMELs. This lack of availability ultimately will result in layoffs if the manufacturers can’t get their products approved or delivered, he added.

Thanks to the most recent FAA reauthorization bill, the aircraft registration office remained open, he acknowledged. But, Bunce said, the DOT's and FAA's narrow interpretation of what stays open has hampered registration activity. For example, non-routine aircraft registrations halted since Aeronautical Center Counsel attorneys were furloughed, resulting in additional leasing costs, limited access to capital, and reduced liquidity for aircraft trades.

The National Air Traffic Controllers Association (NATCA) and Air Line Pilots Association (ALPA) jointly highlighted delays that were setting in with controller pilot datalink Communications (CPDLC), or DataComm, noting this is a key component of FAA modernization efforts.

“The training for DataComm has a very specific performance schedule,” said NATCA director of safety and technology Jim Ullmann. “Because the timeline is so structured and the training so critical and time-consuming, it places additional pressure on employees who are operating with only 83 percent [on average] of the staffing target at their facilities. This shutdown will delay the implementation of DataComm in many centers by up to a year.”

“Due to the shutdown there will be significant delays to this program,” added ALPA president Joe DePete. “If the shutdown continues, air traffic controllers and pilots previously trained on the system will lose their proficiency due to a lack of use, and re-training will likely be required. The need to re-train will add costs and will no doubt delay the progress of this important airspace system upgrade.”

The groups further expressed concerns about the inability to continue controller training during the shutdown. “Staffing has fallen each of the last six years and this is the second prolonged closure of the FAA Academy to significantly worsen the staffing crisis,” the groups said.

Ramifications extended beyond the FAA. The Aerospace Industries Association (AIA) pointed to the inability to process export licenses with the lapse of funding for the Departments of State and Commerce. This additionally delayed delivery of products to foreign countries, AIA said.

Further, government contractors couldn’t work and major research projects at the FAA, NASA, and NOAA were suspended. Government-industry stakeholder meetings have also been on hold. “Every day the shutdown lasts, the impacts grow and become more difficult and more expensive to fix,” said AIA president and CEO Eric Fanning.

At Customs and Border Protection, furloughs affected international operations and the agency stopped issuing decals although still accepted receipts.
Industry to Congress
More than 30 organizations in January sent a letter to congressional leaders urging them to work to end the shutdown and outlining many of the issues that have resulted from it. “As the partial government shutdown continues, the human and economic consequences are increasing and doing greater harm,” they said in the letter. “Civil aviation supports more than 7 percent of the U.S. gross domestic product (GDP) and $1.5 trillion of economic impact, creating over 11.5 million jobs, but this shutdown is hampering our ability to function effectively.” Of chief concern to the organizations was the stoppage of pay to the workers.

NATCA took a multi-pronged approach to ratchet up pressure on Washington leaders to reopen the government. The union spearheaded the January 10 rally, bringing together air traffic controllers and technicians, pilots, and flight attendants, along with numerous industry leaders and lawmakers, outside the Capitol. The participants chanted “End This Shutdown…Today!” and “Open the Government…Today!” as they faced the prospect of the first missed paycheck on January 11.

Rep. David Price (D-North Carolina), chair of the House Appropriations subcommittee on Transportation, Housing and Urban Development, made a brief appearance to offer support to attendees before the House was set to vote on a bill that would fund the Department of Transportation and the FAA. “This absolutely has got to stop. The damage is great and the damage is continuing,” Price said.

The transportation appropriations bill passed the House later that day by 244-180. But the Senate didn’t have immediate plans to take up the bill.

“We don’t care what the issue of the day is…we don’t want to be in the middle of a political tug of war,” NATCA president Paul Rinaldi said at the event, stressing that the shutdown threatens the National Airspace System.

Along with the rally, NATCA launched a leaflet campaign at major airports to encourage the general public to voice their concerns and filed a lawsuit against the government alleging violation of the Fifth Amendment for unlawfully ceasing wages without due process and for violation of the Fair Labor Standards Act for failure to pay at least the minimum wage to controllers who are working during the shutdown.

The U.S. District Court of the District of Columbia denied NATCA’s request for a temporary restraining order but scheduled briefings for a preliminary injunction for the end of January.

Beyond NATCA, TSA screeners have been sharply affected. While not on furlough, many have reported in sick with airport screening lines noticeably lengthening. American Federation of Government Employees (AFGE) national president David Cox emphasized the harm the shutdown has caused the TSA workforce. "TSA officers already have the least amount of rights of any federal officer, some of the lowest pay and highest attrition rates in government, and among the lowest morale of any federal agency,” Cox said, noting the workforce has dropped from 47,000 to 44,000 with steady attrition. “Working for weeks on end without being compensated—while already being short-staffed—only makes their situation worse."

While outraged by the shutdown’s harm to its workforce, NATCA did welcome last month’s passage and signing into law of the Government Employee Fair Treatment Act of 2019, which guarantees back pay to federal employees affected by the shutdown. But  Rinaldi added after its passage, “There is no reason to keep employees home and furloughed now that they are guaranteed their pay. Our elected leaders need to be responsible stewards of American taxpayer dollars and end this shutdown immediately.”

He added that the shutdown was “eroding the layers of redundancy and support necessary” for the National Airspace System.
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