“FAA Workforce Flexibility Act”

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Adequately Staff the FAA

AKA “America First Aviation Act”


Which agency/agencies promulgated the regulation? *
• U.S. Congress (Labor-HHS Appropriations Subcommittee riders applied to DOT/FAA) • Department of Transportation (DOT) / Federal Aviation Administration (FAA)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
• The “Not to exceed ___ FTEs” language in the annual Department of Transportation appropriations rider that caps FAA’s total authorized full-time equivalent staffing.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
“FAA Workforce Flexibility Act”
Please provide a short summary of the justifications for the rescission. *
Annual FTE caps force FAA to trade off hiring critical air-traffic controllers, safety inspectors, and technical engineers against one another. Removing that ceiling allows the agency to expand its workforce in line with traffic growth and safety mandates.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. House Appropriations Committee 2007 Rayburn House Office Building Washington, DC 20515 U.S. Senate Appropriations Committee B22 Dirksen Senate Office Building Washington, DC 20510
Please insert the contact information for the agency. *
(202) 225-2771
What is the background for the regulation being rescinded? *
Since at least FY 2010, the DOT appropriations bill has included an FTE cap for FAA (e.g., “Not to exceed 45,000 FTEs for the FAA”). This rider was intended to control headcount but now constrains FAA’s ability to staff up for NextGen, cybersecurity, and safety oversight.
Explain the reasons for the rescission. *
Striking the FTE-cap rider lets FAA hire additional controllers, maintenance personnel, inspectors, and engineers to match rising passenger numbers and evolving technology demands—reducing reliance on costly overtime and closing inspection backlogs.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
— The “Not to exceed ___ FTEs” clause is removed from the fiscal-year appropriations language. — FAA’s authorized staffing defaults to actual prior-year FTE levels plus increments approved under statutory authorities (e.g., user-fee authorizations), with no separate cap.
Please insert the name of the current agency head. *
Sean Duffy; Chris Rocheleau
Please insert the title of the agency head. *
Secretary of Transportation; Acting Administrator, Federal Aviation Administration

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