The FAA has been cited as an example of regulatory capture, "in which the airline industry openly dictates to its regulators its governing rules, arranging for not only beneficial regulation, but placing key people to head these regulators." Retired NASA Office of Inspector General Senior Special Agent Joseph Gutheinz, who used to be a Special Agent with the Office of Inspector General for the Department of Transportation and with FAA Security, is one of the most outspoken critics of FAA. Rather than commend the agency for proposing a $10.2 million fine against Southwest Airlines for its failure to conduct mandatory inspections in 2008, he was quoted as saying the following in an Associated Press story: "Penalties against airlines that violate FAA directives should be stiffer. At $25,000 per violation, Gutheinz said, airlines can justify rolling the dice and taking the chance on getting caught. He also said the FAA is often too quick to bend to pressure from airlines and pilots." Other experts have been critical of the constraints and expectations under which the FAA is expected to operate. The dual role of encouraging aerospace travel and regulating aerospace travel are contradictory. For example, to levy a heavy penalty upon an airline for violating an FAA regulation which would impact their ability to continue operating would not be considered encouraging aerospace travel.

What retired NASA Office of inspector general is outspoken about the FAA?