
In an unusual response to agency findings in two whistleblower cases the Office of Special Counsel referred for investigation, the OSC has pushed back against agency conclusions that the disclosures were not reasonable.
One involved a disclosure first raised more than a decade ago by a now-retired air traffic controller of “a controversial, and potentially dangerous, landing approach being used at the Detroit Metropolitan Airport (DTW),” the OSC said.
“The approach, used during times of heavy air traffic, was discontinued in 2015 following reports from pilots and, since then, its use has been paused at various times. The safety concerns with the approach are well documented, yet it is being utilized once again at DTW to accommodate more aircraft landings and to maximize airspace efficiency.”
“At the conclusion of a previous investigation into this landing approach, DTW officials assured OSC that it had two mitigations in place,” it added, but one is no longer in use and the other does not apply to smaller aircraft. “The approach at issue may create a danger for landing aircraft and the flying public,” the OSC said, calling on the FAA to conduct another review.
The other case involved an assertion by a former CBP supervisory air interdiction agent that senior CBP officials had prevented a unit from responding to a distress calls, including in one case from a person who was found deceased the next day. While the agency concluded that there was “no evidence” to support the assertion, the OSC said the agency “failed to adequately reconcile the contradicting facts.”
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