Alas, the FAA can't ground Air DeSantis

The company that Florida GOP Gov. Ron DeSantis used to send dozens of migrants to Martha’s Vineyard operates charter flights under approvals granted by federal transportation regulators who have almost absolute power to regulate safety in the skies.

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But there’s probably little the Federal Aviation Administration can do to stop DeSantis from continuing the flights, people familiar with the agency’s legal authorities say — even though President Joe Biden and other Democrats have condemned the flights as cruel publicity stunts.

The same laws that give the Federal Aviation Administration its vast sway over air safety also restrict its ability to intrude otherwise into the operations of charter companies. And the migrant flights probably don’t violate the FAA’s regulations, former agency officials say, despite accusations that DeSantis and his operatives violated the migrants’ civil rights.

The FAA itself has shown little eagerness to join the fray. When asked to discuss the bounds of the agency’s authority on DeSantis’ gambit, a spokesperson said only: “The FAA’s mission is safety.” The agency’s parent, the Department of Transportation, referred back to the FAA’s statement.

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