What’s Behind the Curtain

Let’s Make A Deal ZONK Prize

Back in 1963, the game show Let’s Make a Deal premiered; game show host Monty Hall wheeler-dealered his way through each show. All contestants were picked from the audience, some with clever – but mostly ridiculous – costumes, to gamble they’d end up with a large cash prize or trip. Many, in good-hearted fun, ended up with a ‘ZONK’ prize (one of little or no value) that was often behind the decorative curtain where hostess Carol Merrill stood. It didn’t matter whether the ‘ZONK’ was behind a giant box or curtain, often times the gamble didn’t live up to the ‘deal’ Monty suggested.

It seems like we’re in an 8-track of ZONK loops for ignorant decisions in the voting booth. Look at the devastation in California as entire neighborhoods burn; could these fires have been avoided? Were the means to extinguish the fires available? Reports show the mayor to the governor knew the water was low; they terminated fire fighter jobs because of the vaccine mandate; dry brush should’ve been cleared.

Newsom and California Fire Damage

But voters continue to surrender their votes to the best-looking candidate. Will voters still fall for candidates who flash pearly whites? Voters prefer candidates with properly applied makeup, cans of hair spray, and a set of clothes that catch the eye. These qualities are what voters want, to their chagrin. Why? There are two similar types of people who can rock the hair, the makeup, the clothes. One of them is a public figure, a confident politician. And the other one is …

… Bozo the clown.

High profile politicians ooze sarcasm while hurling political attacks. They’re loved by the cameras and the media, as they pay homage to the lobbyists. Most troubling and always hiding offstage are the bureaucrats that a president places on the Cabinet. They have no experience in the department they run, such as the Department heads for Commerce, Interior, Labor, State … and Transportation.

SDOT Peter Buttigieg Before Congress

The Secretary for the Department of Transportation (SDOT), Peter Buttigieg, has been mostly absent since 2021. He doesn’t understand regulations or how the transportation industry works. For instance, when supply chains were disrupted, Buttigieg took weeks off, leaving his department without leadership.

Instead, his two assistant SDOTs were left in charge, both lacking the authority – or knowledge – to do SDOT work. For over a year, the assistants led DOT through the vaccine mandate, which destroyed the experience level of inspectors. When agencies, like the Federal Aviation Administration (FAA), lost the largest number of inspectors (many quit to avoid the vaccination), the assistants doubled down on the insanity. Buttigieg was the ZONK gift that kept on giving.

Page One of Congressional Letter to SDOT Buttigieg

In September 2023, Buttigieg appeared before Congress to answer for nine serious aviation events. He never answered for three train derailments, especially the one in East Palestine, Ohio. Boeing went through its eye-opening chaos, but Buttigieg remained oddly quiet. It’s not that he didn’t acknowledge the safety issues, he ignored them; Buttigieg was more interested in highway crews’ gender and race.

Page 2 of Congressional Letter

Yet, Buttigieg pushed his agenda, to level penalties and lawsuits against the airlines. It’s what bureaucrats do: they exploit a gripe by a ‘wronged’ group of people; make it into something bigger than it needs to be; pound the table on what isn’t relevant; then they take bows as if they solved the world’s problems, all the while ignoring the safety monsters growing in the vacuum. Tires were falling of airliners in flight; a B777 plunged to the ocean’s surface; diversity, equity, and inclusion suffocated the qualified; and vaccine mandates depleted the industry’s professional workforce. Instead of promoting safety, Buttigieg pursued rebooking fees (2022) and flight delays (2023).

Recently, Buttigieg made the news for leveling a two-million-dollar penalty against JetBlue Airlines for ‘chronic flight delays.’ This is an unusual – and confusing – development since agencies, like DOT and the FAA, are safety-focused, not money-refund-focused. According to the DOT website, “‘Illegal chronic flight delays make flying unreliable for travelers. Today’s action puts the airline industry on notice that we expect their flight schedules to reflect reality,’ said U.S Transportation Secretary Pete Buttigieg. ‘The department will enforce the law against airlines with chronic delays or unrealistic scheduling practices in order to protect healthy competition and ensure passengers are treated fairly’” This lawsuit against JetBlue was brought by the DOT’s Office of Aviation Consumer Protection (OACP).

Chronic Flight Delays (that’s a real phrase) is defined under Title 14 code of federal regulations (CFR) §399.81(c)(2): “For the purposes of this paragraph (c), a chronically delayed flight means any domestic flight that is operated 10 times a month and arrives more than 30 minutes late (including cancelled flights) more than 50 percent of the time during that month.” Remember that definition.

For the record, when Title 14 terms are defined, they aren’t restricted to one regulation subpart; the definition is across all regulations; they aren’t defined ‘for the purpose of this paragraph.’ This subpart’s sub-paragraph doesn’t make sense. It’s also not clear where the word ‘Illegal’ fits in. Putting the word ‘Illegal’ in front of a term doesn’t make it a misdemeanor or a felony. Illegal isn’t applicable. Regulation is not a law. “Regulations are rules created by Congress to implement laws.” Therefore, not following Title 14 CFR §399.81 is not illegal, it’s a violation. One doesn’t get a mug shot or prison sentence for a violation.

Returning to Buttigieg’s statement, the burden of proof was on the OACP, to not only prove there was a violation, but to prove intent. How are flight delays legally bound? Even if a flight was delayed, the airline has completed its obligation to the customer; the airline succeeded in providing services paid for, of moving one from Point A to Point B. Under what conditions of Title 14 CFR §399.81 is a chronic flight delay a violation? To understand that stretch, the OACP would have to provide the results of its investigation which are … where? Does the OACP apply the rule equally? Would the OACP pursue a FedEx or UPS? If not, they discriminate when applying the rule. It would suggest selective violations.

Again, let’s return to Buttigieg’s allegations: Why were the flights delayed? Were they intentional? What conditions must be discovered during the course of the investigation? If an engine-driven hydraulic pump caused a maintenance delay, would it be removed and sequestered as evidence? If the flight attendant arrives late for his flight due to traffic, is the hotel bus driver held for questioning or fined?

Per the DOT website, “… JetBlue operated four chronically delayed flights at least 145 times between June 2022 and November 2023.” Let’s break that down as to what the DOT allegation means: Four separate city-pair flights had been delayed 145 times, i.e. each of the four city-pair flights was delayed. This means on average, each of the four flights were late 36 times in a 547-day period or 18 months. That means each separate city-pair flight was delayed 6.5% of the time. The DOT, in its website, provided this timeline; it isn’t misinterpreted.

Title 14 CFR §399.81

That’s not chronic. It’s certainly not illegal. To be clear: Thirty-six delays, per city-pair, in 18 months do not equal ten times per month – it’s two, maybe three delays per month. Thirty-six delays in 18 months does not equal 50% of the time during that (18-month) timeline. Not one of those four city-pair flights ever violated Title 14 CFR §399.81. Those city-pair flights are holding a 93.5% Reliability; that may not be impressive, but it is not indicative of chronic flight delays.

What is the DOT’s Office of Aviation Consumer Protection (OACP)? Per the DOT, the OACP has been in existence since May 2012. They … “receive air travel service complaints and uses these complaints to spot trends or areas of concern and investigate and bring cases against airlines and ticket agents.”

It’s hard to imagine a federal office that is more contrary to DOT’s mission of aviation safety, than an office like the OACP. DOT’s mission statement is: “To deliver the world’s leading transportation system, serving the American people and economy through the safe, efficient, sustainable, and equitable movement of people and goods. Our values represent guiding principles that are the core of who we are as a Department and how we approach our work.”

NOTE: The first condition is ‘safe’. How does safe translate into a pursuit of ‘chronic flight delays’? One could argue, that has to do with the second word, ‘efficient’, but it really doesn’t. Who at OACP investigated JetBlue? What qualifications did these investigators possess? What experience did these OACP investigators possess? Did the OACP even consider safety? What were the findings, ‘the spotted trends, and areas of concern’ OACP investigators found? If safety issues were discovered, were the findings shared with the FAA?

To that point, the FAA’s mission statement is: “Our continuing mission is to provide the safest, most efficient aerospace system in the world.” The word safest, followed by efficient. Merriam Webster defines Efficient: “productive of desired effects; capable of producing desired results with little or no waste (as of time or materials)”. No synonyms of the word: delays. Again, what were OACP’s findings at JetBlue?

Were the alleged chronic delays contrary to safety? Were they maintenance delays? Were the maintenance items deferable? Weather delays? Deicing delays? Airport congestion delays? Pilot rest delays? Why had DOT sidelined safety concerns in favor of passenger comfort complaints?

Efficient, in the aviation world, doesn’t mean running interference for passenger gripes. Efficient in aviation means smooth movements of aircraft; timely movements of aircraft; SAFE movements of aircraft. Prioritizing the public’s view of efficient over aviation safety means airlines will start to overlook safety problems; push pilots to take flights without quality rest; dispatch aircraft that aren’t airworthy; have weight and balance failures; inadvertently load hazardous materials; improperly de-ice the wings. This focus on passenger complaints eliminates aviation safety, where it’s not a priority anymore. SDOT Buttigieg fails to realize that if you fix safety, the other costs are reduced. Transportation becomes more efficient.

The growth of a bloated government takes place in the shadows. To begin with, the OACP investigates and brings cases against ticket agents. Ticket agents? One might say, “Well they mean travel agents.” No, the term ticket agent isn’t defined under Title 49 CFR Part 1, so that can’t even be assumed. Ticket agents are airline employees who process tickets at the ticket counter … for an airline. Their work information is subject to what the airline tells them; they are a no-fault position. Yet, the DOT pursues ticket agent investigations. What’s next, gate agents? Pilots? Mechanics? Flight planners? Air traffic controllers?

This is a distraction of the worst kind. Buttigieg ignored serious safety items, like the nine-aviation events Congress called him to appear for, or the train derailments. He took several weeks off during the supply chain problems. Instead, he takes victory laps over delay problems, while the press reports he was effective … when he wasn’t. The press, ever sympathetic, carried his water and made Buttigieg look like he’s doing something – when he isn’t doing anything.

Industry is tired of waiting to find out what’s behind the curtain; too many ZONK prizes … like Buttigieg. It is hoped that President Trump’s choice for SDOT will take the job seriously, redirect the transportation industry to focus on safety, not delays. OACP and other such divisions should be placed under Commerce, anything but Transportation, and they should be held to apply the rules equally across all air operators. Buttigieg and his assistants wasted four years; Transportation needs a change.