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29 Air & Space Law. 1 (2016)

handle is hein.journals/airspaclaw29 and id is 1 raw text is: L A AMIERICAN BAR ASSOCIATTON The FAA's Move to Perforrance-Based Oversight: Developments, Challenges, and Shifting Legal Landscapes By David Grizzle, Marc Warren, and Steven Seiden n a recent speech before the Flighi Safety Foundation, Federal Aviation Administra- tor Michael Huerta announced a new approach to aviation safety oversight: we recognize that the aviation environment has reached a level of complexity where we can't achieve further safety improve- ments by following a purely rule-based approach Instead, Administrator Huerta proclaimed a new Compliance Philosophy: We are using data, not cal- endar dates, to determine when and where to conduct surveillance and inspections. We . . . expect our employees 1O use critical thinking, which is essential to successful implementation of the Compliance Philosophy. We want inspectors to use their judgment, expe- rience, expertise and qualifications to identify risk, to work with the individual or operator, and to identify the most appropriate tools needed to permanently fix the problemsI Regrettably, at approximately the same time as Admin- istrator Huerta was announcing the Federal Aviation Administration's (FAA's) dedication to a new data- and risk-based oversight paradigm, the Department of coninued on page 13 Cant Gt No Compensation:, FAA' Interpretation of Expense Sharing By ReeccaMac~erso h Federal- Avao Aditrtion AFA a long~~~~~ prhbie priat plt frmcryn passenger orMI poprt forcopesaioio copaie inirte in usin th Inlre I( se upr Published in le Air & SPace lwye, Volume 29. Numbert. 206t 'C 2i0 by the Amencan Bar Association Reproduced with permission All rights reserved. this information or any portion thereof may not be copied ordisseninated in any fonn or b any means or stored n ian electonic database orretrieval system withot the express wnmten consent of the American Bar Asociation. VOLUME 29, NUAIBER 1, 20M F!AC:E

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