[Senate Hearing 107-1077]
[From the U.S. Government Publishing Office]
S. Hrg. 107-1077
NOMINATION OF MARION CLIFTON BLAKEY
TO BE ADMINISTRATOR OF THE FEDERAL
AVIATION ADMINISTRATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 3, 2002
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
C O N T E N T S
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Page
Hearing held on September 3, 2002................................ 1
Statement of Senator Allen....................................... 9
Statement of Senator Burns....................................... 7
Statement of Senator Dorgan...................................... 5
Statement of Senator Fitzgerald.................................. 8
Statement of Senator Kerry....................................... 10
Statement of Senator McCain...................................... 4
Prepared statement........................................... 5
Statement of Senator Rockefeller................................. 1
Statement of Senator Snowe....................................... 31
Statement of Senator Stevens..................................... 9
Statement of Senator Wyden....................................... 7
Witnesses
Blakey, Marion Clifton, Chairman, National Transportation Safety
Board and Administrator-Designate of the Federal Aviation
Administration................................................. 13
Prepared statement........................................... 15
Biographical information..................................... 17
Appendix
Air Crash Victims Families Group, letter dated August 15, 2002 to
Hon. John McCain............................................... 50
Response to written questions submitted to Marion Blakey from:
Hon. Max Cleland............................................. 40
Hon. John Edwards............................................ 42
Hon. Ernest F. Hollings...................................... 39
Hon. Kay Bailey Hutchison.................................... 49
Hon. John F. Kerry........................................... 42
Hon. John McCain............................................. 42
NOMINATION OF MARION CLIFTON BLAKEY TO BE ADMINISTRATOR OF THE FEDERAL
AVIATION ADMINISTRATION
----------
TUESDAY, SEPTEMBER 3, 2002
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:28 p.m., in
room SR-253, Russell Senate Office Building, Hon. John D.
Rockefeller IV, Chairman of the Subcommittee, presiding.
OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
Senator Rockefeller. This hearing will come to order. This
is our first day back, and I would have rather held this at
9:30 this morning, but we could not. I wanted to do it right
away. I think we all feel that way. This is an extremely
important nomination, and I hope soon to be a confirmation out
of this Committee prior to September 11, and hopefully in the
Senate.
I know that your husband, Dr. Bill Dooley, is here and that
Mona, your daughter, is here as well. We are very happy to
welcome you along with Michael Jackson, our Deputy Secretary;
and also you, Conrad Burns, who I have not seen in a month, but
we have made it through.
Senator Burns. A pleasant surprise, huh?
Senator Rockefeller. That is right, that is right.
Ms. Blakey, you were here a few months ago to testify at
our NTSB hearing, and I want to welcome you back.
Ms. Blakey. Thank you very much. I am pleased to be back.
Senator Rockefeller. I want to congratulate you on your
nomination. As I indicated, I think that we could not hold it
in August. It would have been a little awkward since nobody
would have been here. The FAA Administrator is one of the four
or five most difficult positions, least understood positions,
in the entire Federal Government, and enormously important.
Things go right and nobody notices. When things go wrong,
everybody notices, including all of your people.
You have got a difficult job ahead of you. Our instinct in
this country often is to finger-point. I don't like that
instinct. I think it is not useful in most of our functions,
but sometimes in terms of oversight it is necessary. We all
need to be prodded. We get a little oversight from our
constituents, you get a little oversight from Congress, and the
democracy has held together pretty well for over 220 years.
Now, you have been asked, in my judgment, to fill a very
large pair of shoes. I am an unabashed fan of Administrator
Jane Garvey. I thought she did a great job for 5 years. I do
not think she was displeased to leave, which was interesting,
because it is part of the pressure that you are constantly
under. But, I think the chief of the FAA has served as a
revolving door. Many really well-qualified people; the question
is do they stay?
Today, after 5 years of her tenure, there are major airport
expansion projects around the country. I want to talk a little
bit about that, and ask some questions about that. Thousands of
new pieces of equipment are scattered here and there. Do they
all coordinate? We can talk about that. In my opinion, the FAA
has a better-established relationship with air traffic
controllers and other employees than at any time in the 18
years that I have been on this Committee and in the Senate.
So again, large shoes to fill, but I do not really have any
doubt that you can do that. I support you. I think you will do
a good job and I think you have done a terrific job at NTSB.
How can I prove that? Hard to do for a relatively short period
of time, but I know it. I know it, and I know you, so I feel
that I can say that without fear of contradiction from my
conscience.
So you do your good job at NTSB, and you move on to
something which is even more complicated and in the public eye.
There can be no doubt that these challenges are daunting and a
few of them will include safety--the FAA's primary mission. But
since September 11th members of this Committee, with all of us
here in Congress, have been consumed by security-related
issues. This is as it should be. But on the other hand,
September 11th made clear to everybody how much work needs to
be done in this area.
Safety and security are not always the same thing.
Sometimes we get more fascinated by security than we do by
safety. Safety is tougher. But that is your mission, that is
your primary mission.
Our work on transportation security does not make
transportation safety any less important. Indeed, given the
difficulties that the aviation sector has experienced in the
wake of September 11, it is even more critical that we continue
to improve the industry's safety record, and to win back the
confidence, in any way that we can of the public. That
confidence should be there. That confidence is not sufficiently
there. It is a little bit of a mystery in some ways, part of
the American psyche, part of the times, but nevertheless it is
a problem and airlines are reacting to it in ways which are not
serving some of us in small States in ways that we particularly
like.
But anyway, you know all about this. Budget. Last month
Secretary Mineta and Administrator Garvey indicated the FAA may
have to furlough air traffic service employees if additional
moneys were not appropriated. Since that time, Congress has
appropriated some additional funding, but not the amount
requested by the Federal Aviation Administration. I am hoping
that your testimony will address both your thoughts on the
immediate budget situation and on ways we can deal with the
issue over the longer term.
That is something we have failed to do for years. We
finally passed a decent authorization bill, but we basically
have been ignoring aviation infrastructure for all of these
years. That is in part Congress's fault.
Congestion. Some of us have started to look back wistfully
to last summer, when congestion was the most pressing issue
facing the aviation industry. That is what we talked about. Now
we talk about other things. But we all know that congestion is
not a problem that is going to go away. We, in Congress, are
trying to do our best to do our part.
The O'Hare modernization bill, which is something I, as
Subcommittee Chairman, feel tremendously strong about--there
has been some controversy, but not a great deal, and I think it
has to happen. It sort of determines what happens in all kinds
of other places, like North Dakota and West Virginia, and I do
not know about Arizona, but I suspect Montana, and probably
Arizona.
So we have not made any progress on that. Nothing has come
out. Senator Hutchison, who is my ranking member, and really we
are co-chairs, she is absolutely terrific; we authored a bill
that would have streamlined the whole process of getting
runways under way. That has done well here, but has not
progressed elsewhere. I am eager to learn how you plan to
address these issues, if you can do that.
Air traffic control. You face a number of challenges in
this area, including how to replace retiring air traffic
controllers, contract negotiations with the air traffic
controllers union, and controversies surrounding the deployment
of new equipment. Of these, perhaps the highest priority is
maintaining our air traffic control work force.
Some stunning figures: a June 2002 GAO study found that
approximately 5,000 controllers may retire in the next 5 years,
which--``may'' usually means ``will''--is twice the rate of the
last 5 years. By 2010, GAO estimates that a total of 7,000 will
retire, almost 50 percent of the 15,000 air traffic controllers
who now operate.
Clearly, action is needed on this. The time to act is now.
I look forward to your thinking about that budding crisis.
Security. Most of the FAA's aviation security functions
have been transferred to the new Transportation Security
Administration. I am not one who has disputed that. The FAA
Administrator will nonetheless have a large role, particularly
in those areas where security and safety issues intersect, and
there are plenty of those.
Your management of the air traffic control system, for
example, has both safety and security implications. The same
goes for pilot licensing, aircraft design specifications,
reinforced cockpit doors. I am eager for you to be an active
participant and look forward to your views on this.
So these are just some of the issues that will be facing
you at the FAA. I have a number of questions that I want to
ask, as I am sure others do, and they have statements, and I
apologize mine is so long. But these are issues that I feel
very strongly about. As I said, I think you are very, very
good. I look forward to voting for you here and on the floor
just as soon as possible.
The next person, obviously, will be Senator McCain.
STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA
Senator McCain. Thank you very much, Mr. Chairman, for
holding this hearing on the nomination of Ms. Blakey to serve
as the Administrator of the Federal Aviation Administration. As
we all know, Jane Garvey, who served with distinction as
Administrator of the FAA for the past 5 years, left at the end
of her term on August 4th. It is important that we ensure that
the FAA has strong leadership to continue the legacy
established by Administrator Garvey.
I initially had some doubts about the depth and breadth of
Ms. Garvey's aviation experience prior to her being nominated
as the FAA Administrator. She has proved to be a strong and
effective leader at the FAA. I think Ms. Blakey may face some
of these same questions. However, I believe Ms. Blakey has
exhibited strong leadership qualities in her most recent
position as Chairman of the NTSB, in addition to many other
roles held within the Federal Government over the years. I
expect she will continue to exhibit these same attributes as
head of the FAA.
The confirmation of a new Administrator will mark the
second appointment after Congress enacted the 5-year term
provision. I believe it is important for an incoming
Administrator to commit to a full term. Prior to Ms. Garvey,
the Administrator's job was almost a revolving door. Ms. Garvey
served her full term even after a change in administrations.
The 5-year term is key to the FAA's ability to maintain its
independence and its status as the premier aviation safety
agency in the world. The extended term of the administrators
and the agency's independence make it essential that its leader
be unswayed by party loyalties and unaffected by political
winds.
As you just stated, Mr. Chairman, the new administrator
will face numerous challenges in the coming months and years.
Since September 11th, much attention has been focused on the
new Transportation Security Administration. The FAA has
continued to operate well, but has not faced the Congressional
scrutiny over the past year that it normally attracts. That is
going to change in light of so many issues that will soon
confront our new air transportation system.
In addition to security, we will need to focus on building
new runways and infrastructure and expand existing capacity.
The push toward a fully modernized air traffic control system
needs to continue.
In addition, the FAA's funding is due for reauthorization
next year. There will be some tension between security and
capacity funding needs. Further, the collective bargaining
agreement between the air traffic controllers and the agency is
set to expire. These will not be easy issues to resolve.
Ms. Blakey, I want to thank you for your willingness to
serve. I hope that we can move your nomination as quickly as
possible.
Most Senators on occasion, including this one, seize an
opportunity such as this to discuss for a moment a parochial
issue. I will do that now. The Grand Canyon Overflights Act was
passed in 1987. It is now 2002. We still do not have
regulations issued by the FAA, working with the Park Service,
to implement the provisions of that act. I would hope you would
give that issue some priority.
Mr. Chairman, I have to go down to the White House in a few
minutes for a meeting and so I want to thank you for holding
the hearing and I look forward to working with Ms. Blakey in
the future. Thank you, Mr. Chairman.
[The prepared statement of Senator McCain follows:]
Prepared Statement of Hon. John McCain,
U.S. Senator from Arizona
Thank you, Mr. Chairman, for holding this hearing today on the
nomination of Ms. Marion Blakey to serve as the Administrator of the
Federal Aviation Administration. As we all know, Jane Garvey, who
served with distinction as Administrator of the FAA for the past five
years, left at the end of her term on August 4. It is important that we
ensure that the FAA has strong leadership to continue the legacy
established by Administrator Garvey.
I initially had some doubts about the depth and breadth of Ms.
Garvey's aviation experience prior to her being nominated as the FAA
Administrator, but she proved to be a strong and effective leader at
the FAA. I think that Ms. Blakey may face some of those same questions.
However, I believe that Ms. Blakey has exhibited strong leadership
qualities in her most recent position as Chairman of the NTSB, in
addition to many other roles held within the Federal Government over
the years. I expect that she will continue to exhibit these same
attributes as head of the FAA.
The confirmation of a new Administrator will mark the second
appointment after Congress enacted the five-year term provision. I
believe that it is important for an incoming Administrator to commit to
a full term. Prior to Ms. Garvey, the Administrator's job was almost a
revolving door. Ms. Garvey served her full term even after a change in
administrations. The five-year term is key to the FAA's ability to
maintain its independence and its status as the premier aviation safety
agency in the world. The extended term of the Administrator and the
agency's independence make it essential that its leader be unswayed by
party loyalties and unaffected by political winds. This stability
allows the Administrator to focus on public safety and not political
support.
The new Administrator will face numerous challenges in the coming
months and years. Since September 11, much attention has been focused
on the new Transportation Security Agency. The FAA has continued to
operate well, but it has not faced the congressional scrutiny during
the past year that it normally attracts. That is going to change in
light of the many issues that will soon confront our air transportation
system. In addition to security, we will need to focus on building new
runways and infrastructure and expanding existing capacity. The push
toward a fully modernized air traffic system needs to continue.
In addition, the FAA's funding is due for reauthorization next
year. There will be some tension between security and capacity funding
needs. Further, the collective bargaining agreement between the air
traffic controllers and the agency is set to expire. These will not be
easy issues to resolve. In short, the agency must deal with many
difficult matters in the immediate future. That being said, I am
committed to working with the new Administrator to ensure that the FAA
continues to improve the safety and efficiency of our air
transportation in the years to come.
Senator Rockefeller. Thank you, Senator McCain.
Senator Dorgan.
STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Dorgan. Mr. Chairman, thank you very much. I cannot
remain for the entire hearing either, but I did want to come
today to say I support this nomination. I think the President
has chosen well.
I too am a big fan of Jane Garvey's. I think she did a
really terrific job. But again, this is a good choice and I am
going to be supporting Ms. Blakey's nomination and do so with
enthusiasm.
I do want to mention that there is also a deputy position
open. It has been open for years, unfilled. There is a chief
operating officer position, a COO, that we authorized in
Congress in 1999. It has never been filled. I expect, Ms.
Blakey, as you assume this job--and I believe the Congress
certainly will move to support your nomination--as you assume
this job, I am guessing that you will very much want these
other positions to be filled.
I hope the administration will send us names of the quality
that they have sent for the Administrator's job. But we do--I
think, given the challenges that we face, we need to have the
deputy, we need to have the COO that was authorized by
Congress. We need to have that filled.
I would just like to mention that we face a lot of
challenges in air travel, especially commercial air travel,
these days. I mean, you open up a paper and you see the
potential bankruptcy of some of the largest carriers, a
troubled economy and what that spells for the aviation
industry. And you are going to try to run a system that is the
largest air traffic control system in the world, be responsible
for aviation safety and oversee funds for the construction of
the infrastructure.
That is going to be a very big job, I think at a very
important time. So we want to work with you and see that you do
that job well and help you do that job well.
I too want to just take the moment on a parochial issue. It
seems to me that there is a reluctance sometimes on the part of
Federal agencies to use resources that the Federal Government
has already invested in and paid for. We have at the University
of North Dakota what is often referred to as the Harvard of the
Sky, the Center for Aerospace Science, in fact one of the
preeminent centers in the country. I think Senator McCain has
been there.
They, among other things, train air traffic controllers,
and they have done contracts with the FAA. I have been there
and I have watched on both sides of the same board Russian air
traffic controllers being trained, talking to Chinese air
traffic controllers in the same room, with an air traffic
control board separating them. That is done at an educational
institution with Federal investment having been made over the
last dozen years or so.
I really want the FAA to take a look at those capabilities
that exist around the country, not just at this institution,
but at others as well, to find out how you can use that
investment that has already been made to help you train more
and more air traffic controllers as you need them.
Let me also say that the rural air service is very
important. You will hear a great deal about that from Senator
Rockefeller, Senator Burns, and myself as we go along.
But I did want to just come to say that I think this is a
good choice. You have an excellent record of public service. I
wish you well and I will certainly vote for your confirmation
with enthusiasm and look forward to working with you.
Senator Rockefeller. Thank you, Senator Dorgan.
Senator Wyden.
STATEMENT OF HON. RON WYDEN,
U.S. SENATOR FROM OREGON
Senator Wyden. Thank you very much, Mr. Chairman. I want to
associate myself with your remarks, Mr. Chairman, about Ms.
Blakey. I think she is an excellent choice. I have just a
couple of comments this morning.
Ms. Blakey, it is clear that the Transportation Security
Administration and the Federal Aviation Administration have
different responsibilities. But to me and I think to the
public, the bottom line is that unless these agencies can
jointly develop practical solutions to issues like baggage
screening there is going to be chaos here in a few months.
Let me be specific. TSA, the Transportation Security
Administration, is responsible for baggage screening, but it is
the airports that have to install the 1-ton giant scanners. It
is the airports that have to reinforce the floors, reconfigure
the conveyor belts, and passengers who have to maneuver their
own bags to the screeners. So there are going to be important
burdens on the airports.
One of the areas that I would like to hear you discuss this
morning is what role do you see for the Federal Aviation
Administration in working with the airports and with the
Transportation Security Administration to avoid what I think is
otherwise going to be chaos for passengers and for airports as
it relates to these various screening issues.
Like my colleagues, there are going to be some other
questions that I would like to examine. I have heard from the
Federal Aviation Administration that they are concerned that
very often technological improvements that they would like to
make are just mired in paperwork, and I would hope that a
priority on your watch could be to expedite those.
As we talked about during our meeting in my office, and it
was a good meeting and I appreciate your doing it, I hope that
you will continue to build on the record of making consumer-
friendly information available online. For years people had to
file Freedom of Information Act requests to find out about
major safety violations at the agency. But Linda Daschle,
working with this Committee on a bipartisan basis, changed
that. I would hope that we could build on that. I know that you
have an interest in safety issues and I would hope that we
could continue the bipartisan tradition that this Committee has
had in terms of trying to help consumers with that safety data.
Thank you, Mr. Chairman.
Senator Rockefeller. Thank you, Senator Wyden.
Senator Burns.
STATEMENT OF HON. CONRAD BURNS,
U.S. SENATOR FROM MONTANA
Senator Burns. Thank you, Mr. Chairman. Thanks for holding
this hearing and getting Ms. Blakey into office and getting her
going.
I have a couple of parochial questions I want to ask in
just a little bit. I will take my turn. I will not ask them
right now or what they even cover. But we welcome you here
today and we thank you for stepping forward and taking this
over.
The FAA is, some have described as, a culture unto its own,
not without problems. So I think your challenges in the next 2
or 3 years are going to be many. I happen to believe that we
made a couple of mistakes in our airport security bill and now
we are sort of paying for that and seeing what can actually
happen when you create something and it is never uncreated, in
fact it becomes a giant that we cannot handle.
I was in Bozeman the other day, Montana. Now they are
telling us there that they are going to have to have 76
screeners in Bozeman, Montana, that loads around 225,000 people
a year. 76. I do not know what they are going to do. If they
just run around over each other, maybe they will have a hard
time getting through each other to help folks out with their
bags. I am not sure.
But we have created this and now we are seeing what can
happen when we, maybe with good intentions, but we also have
some unintentional things happening that do not make us any
safer and there is no way they can make us any safer. It is
just going to cost a hell of a lot of money.
So I have got a couple of questions with regard to the
State of Montana. We have a couple of areas up there that we
have been trying to get their attention the last--ever since I
have been here--14 years; and so far I guess we have not made a
strong enough case. But I hope that you will take our
recommendations and take a look into it and see what we can do
to fix it.
Thank you, Mr. Chairman, for this hearing.
Senator Rockefeller. Thank you, Senator Burns.
You understand, Ms. Blakey, that the best time to ask the
questions is before confirmation.
We now have Senator Fitzgerald.
STATEMENT OF HON. PETER FITZGERALD,
U.S. SENATOR FROM ILLINOIS
Senator Fitzgerald. Thank you, Mr. Chairman. Ms. Blakey,
thank you very much for being here. I think you are going to be
a great FAA Administrator and I have had the opportunity to get
to know you a little bit. I think you have a superb record of
public service in a variety of transportation-related posts,
most recently at the National Transportation Safety Board.
I think you are aware of all the challenges the FAA has. It
is a very tough job, but I think you are probably up to it. I
think one of the biggest things the country is going to have to
confront in upcoming years is how we change from a radar-based
air traffic control system to a global positioning satellite
system. It will be very complicated to implement. The FAA has
had difficulty implementing new air traffic control systems in
the past and so I think there will be significant managerial
issues that you will confront.
But I am convinced, on the basis of a review of your record
and having met you in person on a couple of occasions and
having had the opportunity to talk to you, that you have the
makings of a fine FAA Administrator. I am glad that the
Committee is moving expeditiously here, because we cannot have
that post vacant for too long. So my thanks to the Chairman for
having this hearing our first day back from the August break.
Welcome, Ms. Blakey, and we will look forward to talking to
you in the question and answer section.
Senator Rockefeller. Thank you, Senator Fitzgerald.
Senator Stevens.
STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
Senator Stevens. Ms. Blakey, I welcome you, too. As we
previously discussed, hopefully you will come to Alaska and see
Capstone working. It is, I think, the greatest new technology
since radar and really is going to improve our aviation system
greatly.
Alaska has seven times more pilots per capita than the
national average, so if you want to learn something about
flying come up our way. We will be happy to show you what it
means. We do not have buses or taxis. Outside of one city,
everything else is by air. Seventy percent of our communities
can be reached only by air.
You have probably the most important job for Alaska that I
can think of within the Administration, other than the fellow
that lives at 1600 Pennsylvania. We are making great progress
right now because of work that your agency has done along with
various other agencies dealing with past fatalities in our
aviation community. Safety is on the front burner in Alaska and
we need your help to make sure those programs go through, like
the Medallion program--a totally volunteer, industry-conceived
and industry-operated program. You cannot tell Alaskan pilots
what to do from Washington, but you can let them tell
themselves what to do from Alaska, and it is working very well.
So I urge you to come up and see it any time. You follow in
really big shoes.
Thank you very much.
Senator Rockefeller. Thank you, Senator Stevens.
Senator Allen.
STATEMENT OF HON. GEORGE ALLEN,
U.S. SENATOR FROM VIRGINIA
Senator Allen. Thank you, Mr. Chairman. I especially thank
you for holding this hearing on this very important position. I
certainly look forward, and I have read your remarks, Ms.
Blakey, to your being the Administrator of the FAA. The
Administrator of the FAA has always been a very important
position--enormously important--and vital to our economy,
communities, the States, and jobs. In our economy, obviously,
how the aviation industry is moving does have an impact on
jobs. It is down now, but you recognize that it will be back.
I am glad to see that you have noticed the need for air
traffic control modernization and also, now more than ever
since September 11th, the need for security. Really, you have
one of the most challenging positions in the entire
Administration.
I would say, Mr. Chairman, that Ms. Blakey is an
outstanding choice to be Administrator of the Federal Aviation
Administration. You have impressive credentials and background,
and I commend the President for this outstanding choice.
Now, I will certainly, and I think this Committee will,
work with you for the modernization of the air traffic control
system. It has been needed for a long time. We need to work
together and get it done. I am pleased that in your written
responses to the Committee's questions, you mention air traffic
control modernization as one of your top priorities in the
first 2 years of your administration of FAA.
I encourage you to look at new technologies, how technology
can help us in scheduling, in creating virtual domes around
protected areas--whether they are nuclear power plants or
buildings such as the Capitol or others. Embrace advances in
technology.
Senator Dodd and I will be introducing or planning to
introduce an aeronautics revitalization bill this month
intended to reverse the trend of reduced funding for
aeronautics research and development. The bill will hopefully
include provisions addressing air traffic control management
and modernization issues. So, therefore, we look forward to
working with you. I am sure Senator Wyden also--we have worked
together on these issues--will join with us.
On another matter, since Senator McCain brought up a
parochial issue, I shall as well. That has to do with Reagan
National Airport. As you well know, general aviation continues
to be prohibited at Reagan National Airport. Secretary Mineta
at a hearing on aviation security here in May, when queried by
me on the situation, said that the plan would be announced by
the end of the month. We then had another hearing in July, and
I asked him again about the Department's plan to open Reagan
National to general aviation.
We are now nearly a year from the tragic events, and Reagan
National remains closed to general aviation. It is my hope that
we can work together to find the right security, the right
procedures, so that we can have secure general aviation back at
Reagan National Airport. I look forward to working with you on
this challenging subject.
I know it is not solely your decision. I know the Secret
Service is involved. If they had their way, Reagan National
would probably be closed to commercial aviation as well. So we
need to build good security, sound security, enhanced obviously
for Reagan National, but get it back open for general aviation.
Again, thank you, Mr. Chairman, for holding this hearing in
such a timely manner, and I look forward to working with you
and hearing your responses to various questions. Thank you all.
Senator Rockefeller. Thank you, Senator Allen.
Senator Kerry.
STATEMENT OF HON. JOHN F. KERRY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Kerry. Mr. Chairman, thanks very much for having
this hearing. I will be very brief.
Let me just say, first of all, Ms. Blakey, we welcome this
opportunity to explore some issues with you. I had some
reservations about proceeding earlier on this and I want you to
know that it has nothing to do with the question of your
qualifications whatsoever. You are eminently qualified and I
think it is important to, obviously, get somebody in this job.
But I did think it was important to try to signal concern
that a number of us have about existing employees within the
FAA who are members of AFSCME who had a contract that has been
in existence--let me just say, that was agreed upon between the
FAA at the end of the Clinton Administration, and there is a
disagreement between the parties now as to what procedure might
have been followed after that. But for an unknown reason it has
been sent to OMB and it has sort of been held there, which was
not part of the agreement at the end of the Clinton
Administration.
So there are some 2,000 employees whose morale is low,
whose capacities are not being utilized to the fullest as a
consequence of this situation. I think it is really important
to try to get that resolved. I do not think that anyone is well
served by having a year and a half go by in which the contract
sort of sits in limbo.
The message that is sent by that is I suppose discernible,
if indeed that is the message that is meant to be sent. If it
is not the message that is meant to be sent, then there is no
reason not to complete the mission, so to speak.
Second, Boston Logan Airport is one of the few places in
the country that is going to meet the screening deadline on
time. We are proud of that, particularly because of the sad,
tragic association of that airport with the events of last
year. But it is having great trouble getting compensation under
the TSA for the expenditures and for the layout. I think again,
if there is going to be that kind of sort of slow response--I
know that is not directly under you. I think you as a
prospective Administrator will have an enormous capacity to be
able to have an impact on those kinds of decisions because you
still will have a very serious role with respect to airport
safety.
The final comment I just want to make very quickly is there
are a whole slew of issues, obviously, which for a long time
have been subject to enormous bureaucratic resistance. It is
the bane of all of our existence. It bears no party label. It
has happened in both administrations, Republican, Democrat. But
somehow the economy and the safety of our airways and the
capacity of our airports to be maximized and of our ability to
move goods and people, both of which are essential for the
growth of our country, are restrained as a result, just because
there is this inertia, this unwillingness to try and move and
make decisions, whether it was getting screening equipment into
airports or whether it is resolving some of the airway
congestion.
Speaking to what Senator Allen just said, there seems to be
a defiance of common sense in some of the security procedures
and some of the ways in which we are approaching decisions
about aircraft routes and flights and so forth. There has to be
a way that one can create a clearance system for general
aviation with pilots, many of whom are ex-American military,
who have security clearances, who have all the ability in the
world through codes, transponders, and other things to signal
whether there is a problem on the tarmac or whether there has
been a hijack, whatever.
There are ways to create a system that does not have to
shut down commercial enterprise the way we are today. There are
ways to facilitate the flow of people through our airports with
the modern technology of personal identification that we have
today, to be able to create less lines, less backup, and less
sort of stupid--the story, I know it is a nice symbol to have
Al Gore stopped with everybody else, with his arms out and so
forth, being searched. But if everybody does in fact know who
that person is, while four other people may pass by who might
better have been served with that kind of search, it does not
make sense, and I do not think anybody here thinks it does make
sense.
So there has to be, I hope, a way to try to streamline the
capacity of our country to sort of facilitate people's flow
through airports and to again de-congest the airways, which
have been an ongoing problem for some period of time, more
rapidly and more effectively. I really hope that you will set
about to rapidly examine and try to implement those
methodologies. I thank you for that.
Thank you, Mr. Chairman.
Senator Rockefeller. Thank you, Senator Kerry.
I might just mention, Ms. Blakey, that in flying home from
one of our many, many flights from West Virginia to this area
last night, I went through a complete search and took my shoes
off, and it was good. So I disagree a little bit with Senator
Kerry.
My point is that it is not--the people who were doing it
were sort of embarrassed about it. But I, evidently, had
something in my shoe or something that bothered them and they
had to do that. In fact, other passengers were watching it and
I think it sort of democratized the process. You know,
everybody is going to get the same treatment, and this is one
of the problems. The pilots did not like that for a while.
Well, too bad. You know, everybody gets the same treatment, and
if you are going to be security conscious you have got to be
security conscious on an equal basis.
I do not mean to disagree specifically with the example of
Senator Kerry, but I was glad I went through that process last
night. And I know how to knot up my sneakers and everything, so
that worked out OK.
Senator Kerry. Maybe you have knowledge about your own
proclivities that nobody else does.
Senator Rockefeller. Well, that may be. But you understand
my point. There are two sides to that and it is a difficult
issue.
Let me ask a couple of questions. We will go by the 5-
minute rule here. This is on staffing needs. The Secretary
indicated that he had to have $100 million and he was
appropriated $42 million with another $33 million that could
have come out of the Airport Trust Fund. That was in order to
do the hiring that he needed to do. Otherwise he was going to
have to furlough lots of employees.
Now, being involved with aviation as I am, I think it is
essential that Congress do what is necessary to keep our
aviation system moving and having it fully staffed. So I am
wondering, how do you react to this question of shortfall,
potential large or medium-sized shortfall in terms of funding,
particularly as it affects inspectors and controllers?
I have made a rather large error. You would like to say
something. So if you could try to remember my question, which I
will be glad to repeat.
Ms. Blakey. I can.
Senator Rockefeller. That is what happens when we all talk
so long. Sometimes you forget.
Ms. Blakey. Well, that is all right.
Senator Rockefeller. You are not under the 5-minute rule.
You can talk for however long you want, and I apologize to your
husband and to your daughter.
STATEMENT OF MARION CLIFTON BLAKEY, CHAIRMAN,
NATIONAL TRANSPORTATION SAFETY BOARD AND
ADMINISTRATOR-DESIGNATE OF THE FEDERAL
AVIATION ADMINISTRATION
Ms. Blakey. Not at all. On the theory that perhaps a few
comments here might address some of the broad concerns that
have been expressed from the members of this Committee, I will
try to make them very brief. But I do want to start by thanking
you, Mr. Chairman, and this entire Committee for holding this
hearing so promptly, the day after recess. This was a very real
vote of support for the FAA and I appreciate it personally
because I do hope we can move forward together.
I also want to tell you that it is certainly an honor from
my standpoint to appear here as the President's nominee to be
Administrator of the Federal Aviation Administration. I realize
that there are enormous challenges in this job, but at the same
time, I cannot tell you what an honor it is to me personally,
and a vote of confidence in a lot of people I have worked with
at the NTSB and elsewhere, to be asked to take this on.
I also do want to thank my family for being here, my
husband Bill, my daughter Mona. They have obviously been with
me and supported me during a lot of challenges and I have a
feeling I am going to have to call on them again in this
position as well.
I also do want to acknowledge the exceptional leadership
that the President, Secretary Mineta, Deputy Secretary Jackson,
who is here with us today, and Administrator Garvey showed in
the wake of the tragedy of 9-11. Not only have they
strengthened the safety and the security of this country, but
they have also worked very hard to help our aviation industry
rebound, and for that I think we are all grateful.
Should I be confirmed, I intend to work very hard to
advance their critical efforts along these lines and to work
with you to ensure that the United States aviation system is
literally the safest, most secure, and most efficient
transportation system in the world.
Now, I have been privileged, as several of you have noted,
to have some years ago served as the head of the National
Highway Traffic Safety Administration and most recently as the
Chairman of the National Transportation Safety Board. The NTSB
has an exceptional group of professionals who work each and
every day to advance public safety in all modes of
transportation. But, simply put, without the support in so very
many ways of this Committee, public safety would not be where
it is today and certainly the work of the NTSB could not go
forward. So I would be very remiss if I did not personally take
time to thank you for that.
As Chairman of the NTSB, I have had the opportunity to work
closely with the FAA, with industry leaders, airport leaders,
citizen groups, transportation union officials, as well as
Members of Congress, on many of the safety issues facing our
aviation system. I have also seen firsthand the importance of
cooperation and partnership between the public and private
sectors.
I have to say that among the many notable achievements of
Jane Garvey one thing really stands out, and that is a strong
system of consensus-building, and partnership, that she
achieved between the public and private sector. It is one of
her key legacies and in point of fact, if confirmed, I will
work very hard to buildupon that approach to meet the agency's
current and future challenges, because they are real, as you
have noted, and work to have real partnerships, not only with
the aviation community itself, but with the broader group, the
flying public, the manufacturers, airlines, the GA community,
and our transportation leaders at State and local levels.
You all have noted many challenges in the system. Let me
first just mention a couple because I do think it is important
to try to have our priorities straight from the outset. Almost
everyone here has mentioned security and I have to say that
cooperating with the Transportation Security Administration to
both maximize safety as well as security, while allowing the
system to operate efficiently, is a top priority.
Ensuring the world's safest skies become even safer is also
a major priority in and of itself. This includes implementing
the NTSB safety recommendations, developing innovative programs
such as the FAA's Flight Operational Quality Assurance
Program--I know it affectionately as ``FOQA''--that really does
advance our work by giving us precursor information, data from
pilots and those on the front lines, about what is really
happening in the system; and looking to advance the
technologies that are out there, to really implement them in a
way that is going to make navigation safety on the front lines
in our technology.
Third, I think we need to talk about maximizing the
aviation system's efficiency to accommodate all of the
increases we are talking about in traffic. I personally have
great confidence that this system is going to rebound and when
it does we must not be caught flatfooted. We have to therefore
continue to work to advance the air traffic system and improve
the use overall of the Nation's airspace.
Finally, I have to say that I was so encouraged to hear a
number of you mention the importance of filling positions at
the FAA, because establishing a strong management team--no one
person can do this job alone--is critical, and I would
certainly say that filling the chief operating officer position
in particular is one that I want to move very quickly to
address.
Next year this Committee is going to consider the
reauthorization of the FAA's programs and it will be time to
assess the agency's performance, set priorities, realign them
if necessary, and look at the mission and the way we are
approaching this, and whether we have the necessary funding as
well as statutory authority to do the job. If confirmed as
Administrator, I will work very closely with this Committee to
ensure that the agency's reauthorization process provides a
platform, a real starting point to ensure that we go to a new
peak of both safety and efficiency.
You know, it has been said that the hallmarks of basic
airmanship are practical application of training, skill,
experience, and professional judgment, which is exactly what
our pilots, our crews, our controllers, and everyone involved
in aviation in this country does on a daily basis. I believe
they do it better than anyone else in the world. As a result, I
am very honored, Mr. Chairman, by the trust that the President
and others have placed in me in asking me to be the nominee for
this position.
If confirmed, I pledge that I will do my best to guide the
FAA through the many challenges that you and others have
enumerated that face the FAA in the days and years ahead. I
hope to do it with the same level of skill, experience,
judgment that has been shown by my colleagues in aviation day
in and day out.
I would like to thank the Committee again for the swift
consideration of my nomination. I would be happy to entertain
questions. Thank you.
[The prepared statement of Ms. Blakey follows:]
Prepared Statement of Marion Clifton Blakey, Chairman, National
Transportation Safety Board and Administrator-Designate of the Federal
Aviation Administration
Mr. Chairman, Senator McCain, and distinguished members of the
Committee:
It is truly an honor to appear before you today as President Bush's
nominee for Administrator of the Federal Aviation Administration (FAA).
Thank you for holding this hearing so promptly. I know your schedules
are full, and the Senate has a packed agenda, so I will keep my opening
remarks brief and allow as much time as possible for questions.
Mr. Chairman, I know the President and Secretary Mineta share this
Committee's concern that there be strong leadership at the FAA. Indeed,
this is a critical time for our Nation's aviation industry. For this
reason, the FAA's important work in ensuring aviation safety, improving
the nation's air traffic control system, and meeting aviation capacity
challenges must continue without interruption or delay. Should the
Senate honor me with confirmation, I will work hard to ensure a smooth
transition and a strong management team at the FAA.
At this time I want to acknowledge the exceptional leadership
provided by the President, Secretary Mineta, and Administrator Garvey,
especially in the wake of the September 11th tragedies. Not only have
they strengthened the safety and security of our country, but they have
also worked hard to help our aviation industry rebound. Should I be
confirmed, I intend to advance their critical work by making sure that
the United States' aviation system is the safest, most secure, and most
efficient air transportation system in the world.
It should come as no surprise that I emphasize safety. As you know,
at an earlier point I headed the National Highway Traffic Safety
Administration, and now I am Chairman of the National Transportation
Safety Board (NTSB). I want to take this opportunity to thank the
Committee for all its support of the NTSB and its employees. Each and
every day, the men and women of the Safety Board strive to protect and
advance public safety in all modes of transportation. They are an
exceptional group of professionals, and I can honestly say that nothing
has been more rewarding to me than working with them to strengthen the
safety of our transportation system.
If confirmed I will be tasked with assessing and implementing many
of the recommendations that the NTSB has issued to the FAA, and I will
no doubt find myself responding to letters I've written. Taking action
in many cases will be challenging, but I intend to follow through on
the NTSB's recommendations vigorously. As I looked back through our
records, I saw letters where former FAA Administrator Don Engen was
also being tasked by himself and--if he were still with us--I'm sure he
could offer me sound advice.
As Chairman of the NTSB, I have had the opportunity to work closely
with the FAA, with industry leaders, airport officials, citizen groups,
transportation labor leaders, as well as with Members of Congress on
many major aviation safety issues. I have also seen first-hand the
importance of cooperation and partnership between the private and
public sectors in advancing safety. Among Jane Garvey's many notable
achievements, one of her key legacies is a strong system of consensus
building between the public and private sectors. If confirmed, I intend
to support and build on this approach to meet the agency's current and
future challenges through partnerships with the aviation community--
including the flying public, the manufacturers, the airlines, the
general aviation community and transportation labor leaders.
What are these challenges? Let me briefly discuss what I believe
are just a few of the major challenges confronting the FAA.
It is fortuitous that this hearing should take place during the
same week the Senate is considering landmark legislation to establish
the Department of Homeland Security, which would include the
Transportation Security Administration (TSA) as one of its core
components. The creation of this new department highlights one of the
major challenges currently facing the FAA--how best to maintain and
increase the focus on aviation safety in a post 9-11 environment in
which security concerns are paramount. As I said, I believe cooperation
is essential. The FAA must work closely with TSA to maximize safety and
security while allowing the system to operate effectively. I know this
is a priority for Secretary Mineta, and it will be a priority for me,
should I be confirmed.
Improving security while ensuring that the world's safest skies
become even safer is a challenge. By implementing NTSB safety
recommendations, developing innovative programs, and working with the
aviation industry, the new Administrator can help further reduce the
nation's accident rate.
One important way to drive down the nation's accident rate is to
expand our understanding of the human factor--the single largest
contributor to aviation accidents. In part, we can do this by
collecting and analyzing as much information as possible. The FAA's
Flight Operational Quality Assurance Program (FOQA) will play an
important role in accomplishing this goal. Twelve airlines currently
participate in the FOQA program, which enables voluntary reporting of
digital flight data from airline operations. This information is then
analyzed to identify adverse safety trends for proactive accident
prevention. I believe that FOQA--and programs like it--will play a
significant role in reducing the nation's accident rate.
The new Administrator will also be confronted with maximizing the
aviation system's efficiency in order to accommodate anticipated
increases in traffic. Meeting this challenge will involve both
continuing to modernize the system as well as developing improved
utilization of the nation's airspace. Before September 11th, the FAA
predicted considerable growth in the aviation industry. Although the
industry is currently experiencing a slowdown, many experts predict
that the industry will soon return to pre-September 11th levels. This
increase will intensify safety concerns as well as capacity pressures.
The FAA has utilized the tools provided by Congress, including
procurement reform, to sustain, renew, and expand the capabilities of
the air traffic control system. Some of the tools in place are
providing system users with tangible benefits, such as more direct
routing and reduced diversions in inclement weather. But system
modernization is a continuous process, and the pressure to develop and
implement new tools must be maintained in order to meet tomorrow's
demands.
Until recently, the use of our airspace remained largely unchanged
while other components of the aviation system were improved
significantly. Maximizing the nation's airspace efficiency is critical
to meeting future capacity demands. I think the FAA's Operational
Evolution Plan (OEP)--a comprehensive 10-year plan that provides an
understanding of how agency resources will enable the agency to achieve
specified goals--is an excellent management tool. This plan, which
includes airspace redesign, airport improvements, and system
modernization, is only a blueprint. Executing the plan is critical and
will require the combined efforts of Federal, State, and local
government and system users.
Finally, the staffing and internal organization of the FAA requires
attention. The search for a Chief Operating Officer (COO) continues.
Although filling the position won't be easy--it must remain a top
priority. As you know, an Air Traffic Organization (ATO) is in the
process of being created. Important safety and efficiency initiatives,
such as performance metrics and cost accounting must be expanded and
implemented. Based on my experience at NHTSA, at the NTSB, and in the
private sector, I know that in order to accomplish an organization's
mission you have to employ the best people, give them the best tools,
and support them with appropriate resources. If this is done correctly,
then true accountability for performance can be achieved.
Next year, this Committee will consider the reauthorization of the
FAA's programs. It will be a time to assess the agency's performance,
set priorities, and support its missions with the necessary funding. It
will also be important to have extensive input and feedback from the
aviation community on how best to build on and further improve the
aviation system's safety record. If confirmed as Administrator, I will
work closely with the Committee to help ensure that the FAA's
reauthorization process provides a platform to take our system to a new
peak of safety and efficiency.
Mr. Chairman, I am honored by the trust the President has placed in
me as his nominee. If confirmed, I pledge to do my utmost to guide the
FAA well through the many challenges that lie ahead. I would like to
thank this Committee again for its swift consideration of my
nomination, and I look forward to a close working relationship should
the Senate act favorably. I would be pleased to answer any questions
you may have.
______
A. BIOGRAPHICAL INFORMATION
1. Name: Marion Clifton Blakey.
2. Position to which nominated: Administrator, Federal Aviation
Administration.
3. Date of Nomination: Not available.
4. Address: Information is not available to the public.
5. Date and place of birth: Information is not available to the
public.
6. Marital status: Husband: William Ryan Dooley.
7. Names and ages of children: Daughter: Mona Topp Dooley, Age 14.
8. Education: High School: Sidney Lanier High School, Montgomery,
Alabama, 1963-1966, Diploma received 1966. College: Mary Washington
College, Attended September 1966 to May 1970, BA received 1970;
Universita di Fireneze, Attended June 1969 to August 1969, no degree;
Universita Per Stranieri, Attended March 1969 to June 1969, and Diploma
received. Graduate school: John Hopkins University, School of Advanced
International Studies, Attended from 1971 to 1973, Completed 1 year of
a 2-year Masters degree.
9. Employment record: National Endowment for the Humanities,
November 1970-August 1984, 1200 Pennsylvania Ave., Washington, DC,
Director of Public Affairs, Program Specialist. Department of
Education, October 1985-Novenber 1987, 400 Maryland Ave., Washington,
DC, Director of Public Affairs. The White House, November 1987-August
1988, 1600 Pennsylvania Ave., Washington, DC, Special Assistant to the
President for Public Affairs. The White House, August 1988-February
1989, 1600 Pennsylvania Ave., Washington, DC, Deputy Assistant to the
President for Public Affairs & Communications Planning. Department of
Commerce, March 1989-July 1989, 14th & Constitution Ave., Washington,
DC, Consultant. Department of Commerce, July 1989-August 1990, 14th &
Constitution Ave., Washington, DC, Director, Office of Public Affairs.
Department of Transportation, August 1990-September 1992, 400 7th St.
SW, Washington, DC 20590, Assistant Secretary for Public Affairs,
USDOT. Department of Transportation, September 1992-January 1993, 400
7th St. SW, Washington, DC 20590, Administrator, NHTSA, USDOT. Blakey &
Associates, 1993-2001, 1501 M Street NW, Washington, DC 20005,
President. National Transportation Safety Board, September 2001-Present
490 L'Enfant Plaza East, SW, Washington, DC 20594, Chairman.
10. Government experience: Served as a member of the Commission on
Presidential Scholars, 1989-1990. Served as a consultant to U.S.
Department of Transportation January 2001.
11. Business relationships: Blakey & Associates, Inc.--President.
12. Memberships: 1993 to present--National Advisory Committee of
Best Friends Foundation. 1994 to present--Executive Committee CARE
ball, Washington, DC. 1997 to 2000--Vestry, St. John's Church at
Lafayette Square. 2002--Advisory Board, The Belizian Grove
(professional women's group)
13. Political affiliations and activities: (a) None. (b) Volunteer,
Republican National Convention, 2000. (c) May 1995--People for Pete
Domenici, $1000.00. May 1995--Joe Skeen for Congress Inc, $500.00. Dec
1995--Dole for President, $1000.00. June 1996--Republican National
Committee, $1,000.00. February 1999--Dan Quayle, $1,000. February
1999--Elizabeth Dole, $1,000. June 1999--George W. Bush, $1,000. June
1999--George W. Bush, $1,000. August 2000--Spencer Abraham, $1,000.
October 2000--Republican National Committee, $5,000.
14. Honors and awards: National Merit Finalist, 1966. Pi Gamma Mu
National Social Science Honorary, 1970. Belk Foundation Award, 1966.
UDC National 4-year scholarship, 1966-1970. Judge, TV and radio awards,
Corporation for Public Broadcasting, 1980. Member, Commission on
Presidential Scholars, 1989. Honorary Doctor of Science Degree, College
of Aeronautics, 2002. Alumni Member, Phi Beta Kappa, Mary Washington
College, 2002. Distinguished Alumni Program, Mary Washington College,
2002.
15. Published writings: Remarks of Marion Blakey at the Automotive
News World Congress, published in Automotive News, February 22, 1993.
``Good Call, Mr. Pena,'' Marion Blakey, The Washington Post, December
9, 1994. ``The Air Bag Battle . . . the Claybrook Speech,'' Diane
Steed, Jerry Curry & Marion Blakey, The Washington Post, December 13,
1996. ``Back Seat is Safest for Children,'' Letter-to-the-editor,
Marion Blakey, USA Today, July 12, 1996. ``Getting hardcore drunk
drivers off the road,'' Marion Blakey & John Lawn, State Government
News, June/July 1998. ``Getting hardcore drunk drivers off the road,''
Marion Blakey & John Lawn, The Washington Post, May 20, 1998. ``U.S.
Hardcore drunk drivers using flawed legal system,'' Marion Blakey, The
Beaumont Enterprise, October 29, 1999. ``Confronting the problem of
Hardcore Drunk Drivers,'' Marion Blakey, Impaired Driving Update,
January/February 1999. ``Combating Hardcore Drunk Driving: A Sourcebook
of Promising Strategies, Laws & Programs'' (The Century Council) 1997.
``Criminalizing Auto Defects is Unsafe,'' Marion Blakey, The Wall
Street Journal, September 26, 2000. ``Missouri Booster Seat Legislation
will Save Children's Lives,'' Marion Blakey, St. Louis Post Dispatch,
April 1, 2002.
16. Speeches: October 16, 2001, National Association of Governor's
Highway Safety Representatives annual meeting, Long Beach, California
(Speech). October 25, 2001, National Safe Kids/NAACP/UAW/GM Child Car
Seat Inspection and Giveaway Event, Baltimore, Maryland (Speech).
January 12, 2002, Annual Management Conference National Railroad
Construction and Maintenance Association, Inc., Miami, Florida
(Speech). January 20, 2002, International Bus Expo, United Motorcoach
Association, Indianapolis, Indiana (Speech). January 23, 2002,
Association of Oil Pipelines Annual Winter Meeting, Washington, DC
(Speech). January 30, 2002, NTSB Annual Awards Ceremony (Speech).
February 7, 2002, Child Passenger Safety Week Press Conference,
Washington, D.C. (Speech). April 15, 2002, Safety at Sea and Marine
Electronics Exhibition and Conferences, Amsterdam, Netherlands
(Speech). April 23, 2002, NTSB Diversity Day Celebration (Speech).
April 30, 2002, American Automobile Association National Conference,
Chicago, Illinois (Speech). May 6, 2002, American Association of
Airport Executives, Atlantic City, New Jersey (Speech). May 8, 2002,
Virginia Department of Motor Vehicles, Richmond, Virginia (Speech). May
15, 2002, Address to NTSB Employees (Speech). May 18, 2002, College of
Aeronautics Commencement, New York, New York. May 23, 2002, Aero Club
of Washington, DC (Speech). June 10, 2002, Lifesavers Conference,
Orlando, Florida (Speech). June 18, 2002, Flight Safety Foundation
(Speech). June 21, 2002, MADD Board of Directors (Speech). July 10,
2002, ATA Safety Council (Speech).
17. Selection: (a) Do you know why you were chosen for this
nomination by the President? I believe I was chosen for this position
because I have a long-standing commitment to transportation safety, and
I have developed my leadership skills and executive management
experience in both the public and private sector. My experience as
Chairman of the National Transportation Safety Board (NTSB),
Administrator of the National Highway Traffic Safety Administration
(NHTSA), Assistant Secretary for Public Affairs at the Department of
Transportation (DOT) and owner of a public affairs firm has prepared me
to deal with the challenge of managing the Federal Aviation
Administration (FAA).
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment? The goal
of the FAA is to provide the safest, most secure, and most efficient
air transportation system in the world. As Chairman of the NTSB for the
past 10 months, I have worked closely with the FAA to achieve its goals
and to improve the safety of the nation's aviation system. As Chairman,
I not only have developed an understanding of the major safety issues
facing the aviation industry, but I also have attempted to build a
productive working relationship with Congress and many of the
industry's leaders--in both the private and public sectors.
Over the past two decades, I have consistently worked on
transportation-related issues. I served as Assistant Secretary for
Public Affairs at the U.S. DOT from 1990 to 1992. In this capacity, I
worked with the FAA, the Coast Guard, the Federal Railroad
Administration, and other modal administrations. I then served as
Administrator of the NHTSA and worked to reduce the high number of
deaths and injuries on our country's highways. I was responsible for
dealing with automotive regulatory and safety matters as well as
managing broad public education campaigns concerning traffic safety
issues, such as drunk driving and the use of safety belts.
Prior to my service as Chairman of the NTSB, I ran a public affairs
consulting practice that concentrated on transportation safety.
Finally, my thirty years in both government and the private sector
have given me the experience to deal with the management challenges of
administering the FAA. In addition to my management experience, my many
years as a career civil servant have given me an understanding of the
rank and file of government as well as the supervisory level.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? I currently have no such connections.
2. Do you have any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. None.
2. Indicate any investments, obligations, liabilities, or other
relationships that could involve potential conflicts of interest in the
position to which you have been nominated. Please refer to General
Counsel's Opinion letter enclosed.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated? None. Potential conflicts
relating to my prior position as President of Blakey & Associates have
been resolved. Please refer to General Counsel's Opinion letter
enclosed.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat or modification of any legislation or affecting the
administration ,and execution of law or public policy. Between 1993 and
2002, I served as a consultant to businesses and non-profit
organizations, providing counsel and assistance on a number of areas of
public policy. For the most part, our firm's work involved strategic
planning and communications assistance rather than direct lobbying,
although we often provided public relations assistance for lobbying
efforts. For example, in the past, Blakey & Associates worked on behalf
of a group (the Coalition for America's Gateways and Trade Corridors)
we helped form. Our firm provided policy development, coordination, and
public relations support to this group to increase funding for
intermodal freight infrastructure in the United States.
We also worked on behalf of the Airport Council International on
legislation increasing passenger facility charges and other matters.
In addition, as Chairman of the NTSB, I testified before the House
and Senate Authorization and Appropriations Committees. I also
testified on behalf of the NTSB in hearings related to rail and highway
safety.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.) Please
refer to General Counsel's Opinion letter enclosed.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details? No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. None.
E. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress. As
Administrator of the NIITSA, I played an active role in ensuring that
the agency's regulations complied with Congress' intentions. I worked
to foster open communication and participation between Congress, the
public, and affected parties. If confirmed as Administrator of the FAA,
I will continue the practice of active involvement in the review and
enforcement of regulations.
5. Describe your department/agency's current mission, major
programs, and major operational objectives. The FAA's goal is to ensure
that the United States' aviation system is the safest, most secure, and
most efficient air transportation system in the world. The FAA fulfills
its mission by implementing and enforcing air traffic control
regulations and procedures. Further the FAA is responsible for
regulating aircraft, pilots, maintenance personnel, airports, and
commercial space launch activity. The FAA's operational objectives must
support all of the above-mentioned services at the best value to the
taxpayer.
6. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualified you for the position for which you have been nominated. Over
many years, I have demonstrated a strong commitment to transportation
safety as well as effective leadership skills and extensive executive
management experience in both the private and private sector.
As Chairman of the NTSB for the past 10 months, I have worked
closely with the FAA to improve the safety of the Nation's aviation
system. In that position, I have developed a keen understanding of the
major safety issues facing the aviation industry, and have affirmed my
strong commitment to transportation safety. I have also worked to build
a productive working relationship with Congress and many of the
industry's leaders--in both the private and public sectors.
Before my tenure at the NTSB, I worked on transportation issues for
over a decade. At the DOT, I served in senior management positions and
worked closely with the FAA, the Coast Guard, the FRA and other modal
administrations on a number of difficult safety problems. In
particular, my service as Administrator of NHTSA provided me experience
with issues such as traffic safety, motor vehicle engineering, and
driver behavior.
Between 1993 and 2001, I ran a public affairs consulting practice
that concentrated on transportation safety.
Finally, my thirty years in both government and the private sector
have given me the experience to tackle the management challenges of
administering the FAA. In addition to my management experience, my many
years as a career civil servant have given me an understanding of the
rank and file of government as well as of the supervisory level.
2. Why do you wish to serve in the position for which you have been
nominated? I believe a safe, secure, and efficient air transportation
system is critical to the Nation's prosperity and well-being. I cannot
think of a more important service--especially during these challenging
times--that I could perform. I have worked closely with the FAA over
the years, and I am deeply honored that the President has nominated me
as to serve as Administrator.
3. What goals have you established for your frst 2 years in this
position, if confirmed? I believe it would be premature for me to
establish multi-year goals until after I am confirmed as Administrator
and have had the opportunity to examine in depth the agency's current
and upcoming issues. I would be comfortable, however, stating that
future goals would fully embody the FAA's long-standing strategic
initiatives regarding enhancements in safety, efficiency, and air
traffic control modernization.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills? Although much of the work I have done as
Chairman of the NTSB over the past 10 months has been in the aviation
field and related to complex, technical aviation issues (including
those involved in the ongoing accident investigation of American
Airlines flight 587), I intend to continue to increase my technical
aviation expertise.
5. Who are the stakeholders in the work of this agency? As the
aftermath of September 11th demonstrated, a safe, secure, and efficient
air transportation system affects the economic prosperity of all
Americans. Every person in our country has a stake in the work of the
FAA, including the employees themselves, pilots, air-traffic
controllers, CEOs, airline employees, and all who travel by air.
Certainly citizens in other countries have a stake in the work of the
FAA as well since our transportation systems cross international lines.
6. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 5. I
strongly believe that the FAA needs to be responsive to all
stakeholders, whether they are individual passengers concerned about
airline safety and security, the CEOs of airlines, union members,
aviators involved in enforcement proceedings, or Members of Congress
requesting clarification of an FAA regulation or information about an
FAA program or project. Our stakeholders are also our constituents, and
as Administrator, I will emphasize to all employees the need for
responsive, accurate and timely constituent service.
7. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls? As
Administrator I would work closely with the DOT's Chief Financial
Officer to become knowledgeable about the FAA budget, to understand the
roles and responsibilities of the FAA's departments, and to ensure that
the FAA is complying with agency financial plans and statutory
requirements. As Administrator, I would be responsible for ensuring
careful, prudent, and efficient use of taxpayer money in caring out the
mission of the FAA.
(b) What experience do you have in managing a large organization?
As Administrator of NHTSA, I managed an agency of 660 people with a
budget of $270 million. I served in Federal management positions for
over 20 years, including my recent tenure at the NTSB with 450 people
and a budget of approximately $70 million. I also started and ran a
successful private=sector business. While I recognize that every agency
is unique and has its own administrative challenges, I believe my
management and communication skills are significant strengths I bring
to this job.
8. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving those goals. Identifying performance goals consistent with
President Bush's and Secretary Mineta's goals and reporting on the
progress in achieving those goals are good business practices. These
actions provide planning, focus, and accountability to the agency--
three things necessary for a well-run organization. When done
correctly, these initiatives help FAA managers determine whether the
existing commitment of resources serves the public's interest and
reflects the agency's achievements and progress.
(b) What steps should Congress consider taking when an agency fails
to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs? Ensuring achievement of an agency's performance goals
should be a top priority for any agency head. If confirmed as FAA
Administrator, I will work closely with our authorizing and
appropriating committees and will make sure I am aware of Congressional
concerns about the performance of any of the FAA's departments or
programs before steps such as elimination or privatization become
necessary. When concerns are expressed, I am committed to investigating
them and to working with Congress to improve the situation.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed? I believe my personal
performance goals should be directly related to the mission of the FAA.
They should require that I manage the agency's work with skill and
integrity and that I provide a regular accounting to President Bush,
Secretary Mineta, the Congress and the public on how well the agency is
meeting its stated goals.
9. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? My philosophy of
supervision has always been characterized by a collegial, team approach
that values specific technical knowledge as well as managerial skills
and seeks to vest authority, whenever appropriate, in those who have
the most expertise in a given area. At the same time, I believe the
role of a strong supervisor is to set high goals and clear objectives,
to provide resources and tactical guidance as needed, to work with
employees to ensure success, and to assess that work regularly against
agreed-upon goals and standards.
To the best of my knowledge, no employee complaints have ever been
brought against me.
10. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. As Chairman of an independent
agency, I have developed a close working relationship with many
Congressional members and committees. During my tenure at the NTSB, I
have met regularly 14 with Congressional leaders, members and staff of
the Board's House and Senate Appropriation and Authorization
Committees. Since February 2002, I testified six times on
transportation safety issues and routinely notified and updated
appropriate members and staff on the Board's investigations and on-
going work. In addition, in several previous positions in government, I
have worked closely with the Congress and testified before
Congressional committees.
11. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency. The Inspector General's role is in many ways similar
to that of an internal auditor in the private sector, (recognizing, of
course, that the IG reports to Congress and to the Secretary, not the
Administrator). The Inspector General's auditing and investigative
roles are critical since they provide necessary oversight and
accountability for the agency. I look forward to meeting with the IG to
discuss unresolved issues in recent reports and to prepare for future
financial management reviews. I would expect to have a constructive,
cooperative, and candid relationship with the IG--one characterized by
regular meetings and open communication.
12. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress. As
Administrator of the NHTSA, I played an active role in ensuring that
the agency's regulations complied with Congress' intentions. I worked
to foster open communication and participation between Congress, the
public, and affected parties. If confirmed as Administrator of the FAA,
I will continue this practice.
13. In the areas under the department/agency's jurisdiction, what
legislative action(s) should Congress consider as priorities? Please
State your personal views. It is important that the Congress and the
FAA work together to ensure an on-time reauthorization of the AIR 21
legislation. President Bush and Secretary Mineta have a considerable
agenda of safety and congestion-reduction goals. Should I be confirmed
as the FAA's next Administrator, I will work with the members of the
Commerce Committee to ensure that the safety and efficiency of the U.S.
aviation system continues to improve.
14. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please State why. If yes, please State
what steps you intend to take and a timeframe for their implementation.
I believe that discretionary spending should be allocated in a manner
that is fixed, fair and includes an open and acknowledged standard or
criteria. Funding should reflect the statutory intent of authorized
programs.
Senator Rockefeller. Thank you very much. That was a good
statement----
Ms. Blakey. Thank you.
Senator Rockefeller [continuing]. And confidence-builder.
Let me just go back to, again going to the 5-minute rule,
to the question that I originally asked. The Secretary wanted
$100 million. $33 million plus $42 million, however you want to
add it, does not equal $100 million. You need to be staffed up
with air traffic controllers and inspectors. How do you see
this problem?
Ms. Blakey. Well, of course I still see this problem from
the outside at this point. But I must tell you, when I read in
the newspaper about the prospect of furloughs, it was one of
the first things that I did ask about and talk about with both
Secretary Mineta and others, because I wanted to be sure that
in arriving at the FAA perhaps I was not going to be home alone
there.
In point of fact, I know that the discussions on this are
proceeding. I have confidence, based upon the information that
was explained to me, that we will be able to close this and we
will not be looking at furloughs during this month as we move
forward. So while the negotiations are not complete, and the
answers are not all in, I have confidence, based upon what I
know so far, that we are going to be able to work this out.
Senator Rockefeller. The money does not add up.
Ms. Blakey. I am aware of this, and I am aware that the
discussions between the Administration, OMB, the Secretary, are
proceeding as to what we should do at this point. I do not have
the answer on this, and of course it is of lively concern. I am
not confident at this point that all of these issues have been
completely addressed to everyone's satisfaction. But I think
they will be.
Senator Rockefeller. OK, I appreciate that.
The retirement question is just a stunner. We hear it
really in so many fields now, in teaching, but for the purposes
of this you have that many air traffic controllers retiring, 50
percent. That is very, very dangerous. We had a long fight back
from the 1981 situation to try and get people trained. It takes
a long time to train and then to develop the experience of one
of these air traffic control people to be able to operate.
So my question to you obviously is, to the extent that you
have had a chance to think about it--and I understand that you
are still at NTSB--how do you look at that situation?
Ms. Blakey. I asked about the GAO's report, because when
that came out it certainly got everyone's attention, but I
think there has been a growing awareness over some time that we
were facing a period in which we were going to be very much
looking at a work force that is retiring. As you say, in the
year 2006 we could have as many as 5,000 controllers retire. It
does take a number of years to train up.
I do not think there is any answer to this except to step
up and say that we are going to have to hire more controllers.
We are going to have to commit intensively to training during
this period, and there will have to be an overlap between the
seasoned hands in our towers and people who are coming into the
job, because we are going to have to have a constant level of
professionalism and competence and safety. That is certainly
what I am committed to and I believe the FAA and this
Administration recognize that that is what is going to be
required.
Senator Rockefeller. It has been interesting to me, Ms.
Blakey, that in a number of agencies--intelligence agencies,
law enforcement, social workers--that is not an agency, but a
profession--teaching, Peace Corps, VISTA, all kinds of things
that are associated with the public good as well as with public
safety, there has been a remarkably sharp increase in the
number of applications to do that work.
That does not necessarily mean--of course, that was also
true with screeners--that everybody who applies is going to be
able to get there or ought to get there. Air traffic control
work is very stressful and very tough. I cannot think of
anything so directly connected to public safety.
I am wondering. I just do not know. Has there been any
similar expression of interest, more applications, that you are
aware of that have made themselves available for that field?
Ms. Blakey. It is a very interesting question. I do not
know the answer from that standpoint. I do know that we have
seen a real upsurge of applications in various kinds of
positions. Certainly, in the air marshals area and other areas
having to do with security we have seen a lot of people come
forward. So I am encouraged that that will be the case.
I am also encouraged by the fact that we have very fine
training programs in this country to work with people as they
step up. Certainly the University of North Dakota's program,
the work that goes on through the FAA's own facility in
Oklahoma City, Emery Riddell now has a new degree program in
air traffic control. So there is a lot that I think is going to
be tremendously important infrastructure to support this new
generation of controllers as they come in.
But I hope very much that the willingness to come forward
for public service will certainly touch people who want to go
into this field.
Senator Rockefeller. I hope that--my time is about to run
out--FAA will not be afraid to market that position, because it
combines a lot of qualities that people want, mathematics, so
to speak, computers, console, dark room intensity, fast
decisionmaking, teamwork, danger, enormous responsibility, and
ought to be in and of itself very, very attractive. Even though
it is exhausting for people who have been through it, it should
have great appeal. It would seem to me that that is one of the
things we could explore, how to make that appear to be and in
fact draw people out as a very attractive kind of work.
Ms. Blakey. I could not agree more. In fact, marketing and
encouraging and recruiting for this is going to be a critical
part of what we have to do.
Senator Rockefeller. It certainly will be.
Senator Wyden.
Senator Wyden. Thank you, Mr. Chairman.
Ms. Blakey, I want to go back to this question of the
relationship between the Transportation Security Administration
and your agency. This morning in the paper there was a scathing
article about the Transportation Security Administration and to
some extent they talk about how people from your agency and the
Transportation Security Administration are almost tripping over
themselves.
Let me read you a paragraph from this:
``Although an FAA committee of industry experts was designing
an employee identification system to replace the hundreds of
different badges used at airports around the country, the TSA
convened its own effort. Confused contractors made
presentations to both groups.''
So on issues like baggage screening, on questions of
employees, how are you going to put together a relationship
with the Transportation Security Administration so we do not
have people in two key agencies just tripping over themselves
and making a difficult situation even more so?
Ms. Blakey. Well, certainly I am looking at this, of
course, from the outside now and so it is hard to make
judgments about things until I have an opportunity to work
closely with Admiral Loy and others at the Department of
Transportation on this.
I will say this. I think in the startup stages of any
operation, regardless of what it is, there are times when the
interface between existing organizations is tough to work out.
There may be areas where there is genuine redundancy. There may
be gaps. That is what I certainly am going to focus on. It was
one reason why I raised it in my opening statement. The FAA
certainly has a long and distinguished background and
experience in working in the airport environment with all the
professionals there. I think that we certainly can work to
support the TSA and have a seamless transition between the
security professionals, and the safety professionals and
airport workers, who are all doing the job of maximizing safety
and security in various ways. That is something that we are
going to have to work very hard to do.
Senator Wyden. I think what concerns me is we heard all of
this essentially months ago. That is why I am trying to ask you
about some specific issues, to get a sense of how you are going
to approach them.
Tell me about the baggage screening issue. Here the
Transportation Security Administration again has a lead
responsibility, but the Federal Aviation Administration has a
key role to play with the airports, and the airports are going
to be out there installing all those scanners. How do you see
working with the airports and the Transportation Security
Administration?
My sense is, if this problem is not resolved in the next
few months there is going to be absolute chaos, because we are
going to have a busy travel season. Again, I would like to know
how you are going to go about approaching that.
Ms. Blakey. I think that what we have to do is to bring a
strong management focus and intensity to these challenges. They
are immediate, they are right before us, and we are going to
have to bring everything we have to bear on making sure that we
do bring the expertise, the manpower, and the kinds of systems
that we know we can put in place to bear on these issues.
I certainly also believe it is critical to talk with
airport operators at all stages and at all levels--including
small airport operators, those who are facing some of the
biggest challenges in terms of congestion, the throughput
issues, if you will--and bring them in, as I know is already
beginning to be done. We can do more of this to elicit their
help, ideas, and support, to figure out how we are going to
make these systems work.
I do not have any doubt that it is something that really
does take a lot of roll-up-the-sleeves commitment, as much as
anything else, and the work of a lot of smart people who have
been out there in this system for a long time. But we do have
to bring them together on this and focus, and I think that is
exactly what we will be looking to do.
Senator Wyden. I see that as your highest priority----
Ms. Blakey. I agree.
Senator Wyden [continuing]. Because this article this
morning--this is a real wake-up call to people. It basically
says, I am not going to read the whole thing, very little
substantive has been done in the last 6, 7 months.
I am willing to say I think we have made a bit more
progress than that. But I can tell you, I do not think it has
been anywhere near what it needs to be, and unless you can sort
out with the Transportation Security Administration some of
these key issues--and I am talking about in the next 60 days--I
think there is just going to be chaos this holiday season.
Let me turn now to the question of the agency's
bureaucracy, and particularly these costly and time-consuming
certification procedures that seem to be holding up getting new
and safer aircraft and equipment out there. Now, what we hear
from the general aviation community is that they are
particularly concerned that these certification procedures are
keeping technological improvements, improvements that would
absolutely translate into areas of increased safety, that they
are the ones that are not being made a high priority.
Can you give us some assurance that, as it relates to
certification processes for technological improvements on
safety, that you will make that a top priority?
Ms. Blakey. I am glad you raised the question. Coming from
the National Transportation Safety Board, we have got a great
deal of confidence in the ability of new technologies to
address not only safety concerns, which is our primary concern,
but also efficiency in the system.
Nick Sabatini, who heads the certification area for the
FAA, and I have had extensive conversations about the way we
can move the process forward more quickly. I do not think there
is any doubt about the fact that that is something that the FAA
should be committed to. The FAA usually gets it right.
Unfortunately, it does not get it right as quickly as it should
in that area, and I think that is something we should address.
Senator Wyden. Thank you, Mr. Chairman.
Senator Rockefeller. Thank you, Senator Wyden.
Senator Burns, before I call on you I just wondered if
Senator Snowe has any comments she wants to make.
Senator Snowe. No, I will wait.
Senator Rockefeller. All right.
Senator Burns.
Senator Burns. Thank you, Mr. Chairman. I have just got a
couple of questions.
One is of a parochial nature. We have been trying to take
care of that dark spot around Bozeman and Butte and Helena a
long time. I am going to ask you a couple questions, and I do
not know where it goes or where it ends up. But somebody is
going to run into one another up there one of these days and
they are going to say: Golly, we should have done that 14 years
ago.
I am aware there has been reports that unairworthy or not
properly tested or certified parts are being placed into
aircraft and engines during their maintenance, repair, and
overhaul cycles, often through so-called PMAs--that is, parts
manufacturer's approvals. I also understand that the FAA has
been working on a complete rewrite of its certification
procedures for products and parts, Part 21, for the past
decade, but it is bogged down and no final rule has been
issued.
It is the same thing that this Senator that was sitting
right here said about when are they going to write the rules
for the Grand Canyon. Nobody responds. I am not looking to add
any new regulatory burdens on aircraft owners or operators, but
it seems to me that the FAA needs to be doing more to ensure
that when the work is done to repair and replace parts on
aircraft or their engines, it does not degrade the original
safety margins of the equipment.
Now, I am going to ask for your commitment today that you
will look into this issue. We would like for those rules to be
written and I would like for them to be reported back to this
Committee, and especially to me. I am to the end of my rope as
far as trying to do some safety things with radar in that
little triangle area of Butte, Helena, and Bozeman, and I am
not getting anywhere there and he is not getting anywhere on
the rules and regulations.
There is no excuse for not writing the rules and putting
them into effect, at least put them out there where they are
open for criticism. But the FAA just will not do it. I guess
the only way you do, you just defund them. That is a terrible
thing to say, because we need them safety-wise. But by gosh, I
will tell you what, the basics have to be done.
As far as screening is concerned, I still think the
screening thing--we are discriminated against, those of us who
wear boots. You are not going to get through there with a pair
of boots. You are going to have to take them off every time. It
cost me six pair of socks. You cannot have any holes in them
now and expect your wife to speak to you after you go through
the screen, No. 1.
No. 2, they have got to match. Those of us who wear boots,
we never worried about socks matching. You just put on two
socks and go.
But I am really upset about this, because this is a safety
issue. This is a safety issue. So is that a safety issue with
the radar in my State. There is no excuse for it. There is
absolutely no excuse for it. So I would like to have your
commitment today that that will be high on your priority list
once you are confirmed, and I am going to vote for your
confirmation, but I want to see something happen down there,
Ms. Blakey, I really do, because we have waited long enough. We
have waited long enough. Patience is running out.
So could I have your commitment on those?
Ms. Blakey. Senator, you are striking at an issue that is
very near to my heart. As you can appreciate, sitting over at
the National Transportation Safety Board firing off letters to
the FAA urging that safety rulemakings move forward, many of
which have been years in the making and are still not even at
the NPRM stage, it is something that I am very much looking
forward to seeing how I can address that on a very practical
and real basis.
It will be an interesting position to be responding to
letters that I have written, so I do think that I am going to
find myself in a fairly ironic position from time to time.
Senator Burns. That is true.
Ms. Blakey. But, that said, I share completely your
concern, and certainly for some of the big rulemakings, in the
area of certification of parts, which absolutely require
attention.
Senator Burns. Well, we are talking about something--and I
just want your commitment to that, and explain to those folks
who wrote them rules that maybe they should seek employment
somewhere else. It is time, and we have got to see a lot of
grins back there. You ever try to fire one? I used to do it at
Yellowstone County. But I tell you, it has to be done.
Thank you very much for coming today.
Ms. Blakey. Thank you.
Senator Rockefeller. Thank you, Senator Burns.
Senator Fitzgerald.
Senator Fitzgerald. I wanted to ask a question about
something that happened under Jane Garvey's years at the FAA. I
think she in general did a very good job, but there was one
issue that I disagreed with her on. That was the delay controls
that the FAA had imposed for years by regulation. She urged
Congress to pass a law that lifted delay controls at various
airports where there was more demand than the airport had
capacity for.
O'Hare is perhaps the best example of that. O'Hare opened--
I think in 1963 it had its grand opening. It was opened a
little bit before that, but it had its grand opening in 1963.
By 1969 it was at full capacity, and since 1969 demand has
always exceeded capacity at O'Hare.
But in 1969 the FAA put in regulations, delay control
regulations to prevent airlines from scheduling more flights at
O'Hare than the airport had capacity to handle. Those
regulations were in effect until 1999, and all during that 30-
year period we did not have much of a problem with delays at
O'Hare.
But as soon as Ms. Garvey urged Congress to lift those
delay controls, we passed a statute that overrode and wiped out
regulations that the FAA put into effect in 1969, delays shot
through the roof at O'Hare and the traveling public has been
brought to its knees at O'Hare because the airlines that
operate there are allowed to schedule as many flights as they
would like, regardless of the airport's capacity.
So I guess--I know that since then the FAA has changed its
position with respect to LaGuardia and they have reimposed
delay controls at LaGuardia. But Chicago is suffering. We have
to endure a system in which the airport has capacity in good
weather for maybe 220 flights an hour. In bad weather that may
drop down to 150 an hour. The old delay controls I think used
to make the airlines schedule an average of about 180 flights
an hour. Now they can schedule as many as they want, which
often means that travelers at O'Hare have no chance of getting
off the ground at their scheduled departure time.
Our newspapers in Chicago, the Sun-Times and the Tribune,
have done exposes showing that at some moments of the day--I
think 8:45 is a very popular time to fly--the airlines will
schedule 25 or more flights to take off at 8:45 in the morning,
even though the airport only has capacity for three flights to
take off at that time.
Would you be adverse to looking at that issue and seeing if
there is not a better way that we could manage delays by
somehow preventing the airlines--I know they have a problem;
they cannot sit down and work out their schedules together
because that would raise antitrust issues. But we have got to
have another way of solving this.
Congestion pricing has been talked about, I believe, by
Secretary Mineta. Do you have any thoughts on this issue, or is
it something you just would approach with an open mind?
Ms. Blakey. Well, it has been a thorny issue for many
years, as we all know. The history there is such that I am not
sure there are any easy or good solutions. Certainly I looked
at the decision of the previous administration to lift the slot
controls at the three slot-controlled airports. There is the
fourth, of course, Ronald Reagan National, which is
legislatively imposed.
But I looked at that with interest because it is hard to
know in a dynamic system sometimes how these things are going
to work out. That said, I think it is a step forward that the
FAA right now has requested comments about the way to approach
this problem, specifically at LaGuardia, but also in terms of
the overall national system.
One of the first things I would like to do when I get there
is to look at those comments in depth, to see what we know in
terms of traffic flow, as well as the specific ideas on the
table, and see if there are some better ways to approach
things. The idea of reimposing any heavy hand in the system is
not something that I would look forward to, because for the
most part at almost all of our airports, allowing the dynamics
of the marketplace to work does work.
But O'Hare certainly, and the other airports that have had
problems over the years in terms of managing the demand
overall, may require some special procedures and we are going
to have to look at that. But I am looking for that set of
comments as helping, I hope, to provide some good guidance.
Senator Fitzgerald. With respect to air traffic control, as
we need more and more capacity in this country there will be a
lot of people urging you to bring flights closer together, to
allow procedures at airports such as LAHSO, Land And Hold
Short, procedures that potentially cut the margin of safety.
You have to balance safety with efficiency here.
I am looking for an answer with respect to your general
philosophy in this area. When you have to make those kind of
decisions, how do you go about balancing safety on the one hand
and efficiency on the other hand? If you were to err on the one
side, which side do you think that would be?
Ms. Blakey. There is no question about it. It is safety. I
do not believe there is a single member of the traveling public
that would not want us to put our greatest emphasis there, and
make sure that we are staying within very wide margins when it
comes to safety. I think that is absolutely critical.
Now, one of the things that is very encouraging is that
some of the new technologies and the new modernization programs
that are coming on line, are going to allow us to do things in
the system that we have not been allowed to do before. So I am
looking to much of this in terms of modernization programs that
will allow us to move forward in a way that I hope will not
really pose the kinds of tough choices that we have had to date
in some cases on that front.
But safety has got to be the first priority and it
certainly will be with me.
Senator Fitzgerald. I see my red light has come on. If I
could just one final follow-up, Mr. Chairman. I was vacationing
in Colorado over the recess and had the opportunity to go visit
NORAD in Colorado Springs, and in talking to the Air Force
people there they led me to believe that every military plane
already has global positioning satellite navigation and that
they use it for their own purposes and that they are way ahead
of commercial aviation in this country.
Now, I know commercial airlines have wanted to have that
for some time. The chairman of United when I first got sworn
into office 4 years ago was telling me about that, and it still
has not happened.
Is there anything that you can do to speed the realization
of global positioning satellite technology on commercial
aircraft in this country and having it take over our traffic
management from the radar-based system that we now have? Where
is the FAA on that now, do you know?
Ms. Blakey. Well, I think that if you look at the broad
array of air traffic control modernization programs, you
definitely see that there is real emphasis on movement toward
more aircraft-based systems and certainly using global
positioning satellite systems as a part of the way we are going
to address navigation and safety.
The fact is that 9-11 also, reinforced for us that it
requires a combined ground-based and satellite-based system for
us to have the appropriate level of schedule and safety that we
are going to have to maintain. So I think the question in the
years to come as we begin further implementation of these very,
very exciting and I think very important programs that we are
going to have the benefit of, is, what is the best signal?
Where should the decisions be made?
Many of them should be cockpit-based, there is no question
about that. Many of these should be by the navigation
information that is provided directly to the flight deck. But
it is going to be, again, a combination of programs, the
combined efforts of the best of these systems, that I think is
going to give us really what we are looking for as we move
forward here.
Senator Fitzgerald. Well, thank you, Ms. Blakey, and I look
forward to working with you. I hope we have a speedy
confirmation here in the Senate and I look forward to working
with you in the months and years to come. I am sure this
Committee will get to know you very well. I am gratified to
hear that even the Chairman of the Aviation Subcommittee gets
checked when he goes through his hometown airport for schedule
purposes in West Virginia.
So thank you, Ms. Blakey, very much for being here.
Ms. Blakey. Thank you.
Senator Rockefeller. Thank you, Senator Fitzgerald.
Senator Snowe.
STATEMENT OF HON. OLYMPIA SNOWE,
U.S. SENATOR FROM MAINE
Senator Snowe. Thank you, Mr. Chairman.
I want to welcome you, Ms. Blakey, to the Committee. I
think that your appointment sends a very important signal to
this country due to your considerable background with the
National Transportation Safety Board and Government service. I
am impressed with your knowledge on the issues of safety, of
making safety the first and foremost priority, and having the
depth and breadth of understanding of those issues and the
implications for the traveling public.
I think there is no question, in the aftermath of September
11th, that safety is clearly a major, major priority for this
Congress and for this country. I know in the past, as others
have mentioned here in the Committee, that with respect to the
National Transportation Safety Board many of the policies and
recommendations that have been made have not been implemented
by the FAA. I hope that you will take a look at some of those
issues in this position, because I do think it is critical for
the future to really look at some of the safety recommendations
to ensure that we have the highest standards possible in this
country for the traveling public.
So I welcome you, because I do think that with your skills
and leadership it clearly can continue to put FAA at the
forefront on those issues that are so important to this
country.
Let me ask you several questions. One of the areas that has
been a problem for somebody that represents the State of Maine,
and I know the Chairman in West Virginia, is that we are rural
States, and the implications of the type of policies that do
come from the FAA do have disparate implications for a small
rural State versus more urban States and more urban
communities.
For example, recently the FAA issued a policy that allowed
for the construction of the sixth runway at Logan Airport, but
it was conditional on developing a peak pricing plan, so that
they would increase the fees for those slots and times that
obviously were at peak times during the course of the day. In
the past when that policy has been tried, it clearly has had
ramifications for small States that rely on small regional
carriers.
We do not have big jets any more, with rare exceptions, at
this point. Northern Maine, when I first came to Congress, in
1978 had 767s. Today they have one service between Boston and
Presque Isle and that is through the Essential Air Service
Program. So a lot has changed as a result of deregulation.
So I am asking you to really consider the implications of
policies that affect small and medium-sized communities versus
urban areas, because clearly when the decision is made, for
example, by Logan Airport and its authority, they are going to
make a decision that is obviously going to affect those that
carry the least number of passengers.
Obviously, coming from a rural area, we are not going to
have the big jets going into Logan. That was yesteryear. It is
not today anymore. So therefore I would hope that you would
look very carefully at that policy. This was a recent policy
issued by the FAA. Obviously, we are very concerned in Maine
because it will ultimately affect small regional carriers, the
commuter aircraft that rely on going through Logan so that
people can make their connections to other parts of the country
or abroad.
Would you care to comment on that?
Ms. Blakey. I do appreciate the concern that you are
talking about. In fact, one of the things that I have tried to
do as a part of preparing for this hearing and thinking about
the prospect of this job is talk to a number of airport
managers and operators in smaller areas, because I could not
agree with you more that the issues are different from that
perspective and the effect of traffic at the hubs directly
impacts the kind of service that they can provide in their
community and the viability in some cases of that service.
So it is a real balance that has to be achieved there. I
would certainly echo that. I would say that, from what I know--
and I was not a party, of course, to any of the discussion
about the Logan Airport plan--the new runway that is planned it
is my understanding is projected to reduce delays there by
about 90,000 hours. That is very impressive.
If we can achieve reduction in delays by using that runway
during bad weather circumstances, we can perhaps avoid some of
the other kinds of approaches that really do have impact
elsewhere. That could be a real win all the way around.
Senator Snowe. I just think it is important for the FAA
when they are crafting that type of policy to make sure that
there is an understanding about the effects it has on small,
rural areas that rely on commuter air service for any kind of
air transportation. Clearly what would have happened in the
past--that is why it evoked such a major reaction--was that the
first casualty would be commuter aircraft, the smaller
aircraft, because they carry fewer passengers.
But if we were to use that logic, obviously, and we
extrapolate from that, obviously either our service is going to
be more expensive if we have it at all, and that certainly
would be the implication of that type of policy in the final
analysis, because obviously the peak traffic hours are
important to those of us here in Maine as well. So I think that
we have to design a package that does keep in mind the effects
of a policy when it comes to small States that rely on commuter
aircraft, because otherwise we would never win under that
scenario and we would ultimately face the impact of that type
of policy.
Obviously, we are very concerned about this peak pricing
policy, and I know that the goal is to reduce delays at Logan
and that is an important objective because they do have major
problems with delays. But on the other hand, I want to make
sure that we are not excluded from this process to the extent
that we feel the true impact of that policy.
Ms. Blakey. Well, I have not had a chance to look at the
plans for that study that they are planning up there for peak
period pricing, so I do not know the specifics on it. But
certainly with respect to your broad point, from the standpoint
of the FAA we are going to be very attuned to providing
adequate service and doing everything we can to ensure that
service is provided to smaller communities.
Senator Snowe. I appreciate that.
On another issue, back in December 2000 the FAA issued an
order regarding distribution of takeoff and landing slots at
LaGuardia and a lottery system was held to allocate the limited
number of slots available to air carriers. One carrier, for
example, from our State, again a small carrier, lost most of
their slots under this lottery system, in fact as a result
dropped the service from Portland, Maine, to LaGuardia.
Obviously, I understand that there is a significant problem
with congestion at LaGuardia. But again, these type of actions
ultimately reverberate on the smaller communities in the final
analysis, and the underserved communities continue to be
further underserved because of these policies. So I would hope
that again when you are looking at implementing these different
approaches that you would look at this, at the impact it would
have on smaller communities, because the lottery system did
have that effect and so ultimately the carrier did cancel its
service because they lost most of their slots.
What in your view could be done to relieve congestion, at
least in terms of what Congress could do to relieve congestion
at various airports? Have you given that any thought at this
point in order to ensure that we can take various approaches,
what Congress could do, in addition to airport construction? I
know that is one of the issues that we have provided support
for in this Committee.
Ms. Blakey. Well, fundamentally increasing infrastructure
is one of the answers. In fact, it is a key answer, as I think
we all know, because it is hard to get there without increase
at certain airports really in terms of the pavement that is
available, and the facilities that we can provide. So we have
to recognize that, and I know there are hard choices involved.
But the lengthy period of time that is involved in runway
development and in other infrastructure development is
certainly an area in which I would like to do everything we can
to make sure the process is efficient so that we can address
those needs. In addition, I think the critical question, of
course, is whether we have the right tools available from the
standpoint of air traffic control and from the standpoint of
the system to manage things well.
It was interesting to me to learn that over three-quarters
of the delays that are caused by problems with the
infrastructure, down time of various sorts, issues in terms of
the tools that ATC has available, only occur at a little over
one-quarter of the airports. Yet that can cause huge
bottlenecks for the whole system and be a real problem.
So bringing on line newer technologies and modernizing in
those areas where it is most critical I think can have a real
effect. Certainly as we move forward, I am certainly very open
to looking at the way we are approaching air traffic control
broadly to see if there are other ways to achieve operational
changes that can help.
I do not have the answers to this, but there are a variety
of ways that we can look at this in addition to looking for the
long-term bringing on line of much more modern programs and
therefore the ability to have greater throughput.
Senator Snowe. Well, I think it would be important at some
point when you assume this position to get your input and
providing it to this Committee and to the Congress about what
you view the priorities are in terms of what we could do now on
non-air traffic control initiatives, certainly where the
Congress is involved, to ensure that we can do everything we
can put in place to avoid delays in the future.
We have seen a sharp decrease in delays compared to where
we were in 1999 and 2000, obviously, with the effects of
September 11th and the economic slowdown. But obviously that is
going to change. There has been a projection that there will be
a billion passengers a year passing through airports by the
year 2010, and the question is will we have the type of
technology and infrastructure in place and what should Congress
be doing if we are not doing it already.
So your assessment I think on that would be very important
as you move ahead in your responsibilities in making sure that
we are fully informed.
Ms. Blakey. Well, I appreciate that, and I must tell you
that I think this Committee has been very supportive and very
helpful on that front. As I have learned about this, I am quite
struck by that.
I would recommend to you one thing. Administrator Garvey in
her last hearing in the House did recommend some streamlining
in terms of management changes for the FAA which I think would
help us recruit for that chief operating officer position. It
is a critical position in terms of air traffic control. So I
would recommend those changes that she laid out, because I do
think if we could streamline and realign that slightly it would
make it much easier to get the right people and therefore the
strongest management team to address these things.
Senator Snowe. Well, thank you.
Thank you, Mr. Chairman.
Senator Rockefeller. Thank you, Senator Snowe.
Let me just ask a couple final questions. One of them is
actually for your speeding up of the process of confirmation,
although the question is not one that you will welcome. This
has to do with the AFSCME contract, and that is important.
There are some holds on your nomination, as you know, and we do
not want that and it is dangerous for the American people and
it is dangerous for everybody who has anything to do with the
airline industry for you not to be in that position.
Now, the contract was negotiated, it was agreed to, it was
signed off by AFSCME, it was signed off by the Federal Aviation
Administration, it was ratified by the union members, and then
it was stopped cold in the Office of Management and Budget.
This contract has been lingering since February of 2001. That
is a long time. It is a festering problem. It involves 2,000
people and it is not going to go away unless something is done
and it potentially could affect your confirmation. I do not
know that, but you know that there are holds and it is over
this issue.
You can say that is playing hardball. I am not one of the
holders, but you can say that is playing hardball, or you can
say this is getting at a basic issue because we are talking
about the morale and how people are treated and this and that
and the other thing--contract agreed to, you-them, or your
predecessor-them, stopped at OMB, where so many things in all
administrations die, because they have special responsibilities
and they are not always the warmest of hearts that reside over
there.
In any event, if you are confirmed what are you going to do
about this?
Ms. Blakey. Well, what I know about this, of course, is
broad information looked at from outside, because I certainly
was not a part of that process, or aware of the issue until
fairly recently. I have had a broad briefing on labor issues
from the FAA. But again, I have never seen the negotiated
document. I have not really spoken to any of the direct parties
involved. So I cannot shed a lot of light on the specifics.
I can say this. I have a tremendous amount of confidence
and belief in the collective bargaining process. It is really
what has driven our Nation's economy in so many ways. It has
been a successful approach. It is certainly something that I
would not only approach with good faith, I would approach it
with a lot of energy, because I do not think a situation like
the one you described is healthy. It is not healthy for not
only the morale of those affected, the individual employees,
but the good of the workforce at large and the kind of spirit
of teamwork and focus that we are going to need, as we have
discussed many of the challenges today.
So I think this does have to be resolved. I would look
forward to working very hard to do so, to sit down at the
bargaining table again and to discuss what is really at issue.
As I say, I have no way of speaking to the specifics.
I would also point this out, that the matter is before an
administrative law judge right now, I am told, and a decision
is expected from that from a judicial standpoint any day. So
that may resolve the issue in and of itself. I have no idea, of
course, what the view will be from the bench. But it is at that
stage of the process, and so it may be that this is something
that one should let that process go forward because there is
presumably an impartial eye looking at the views of both sides.
So with that in mind, I think that I would certainly just
tell you I would approach this with good faith if and when I am
in the job.
Senator Rockefeller. That is a good answer and I appreciate
that.
Let me, from my point of view--Senator Snowe, do you have
more questions?
Senator Snowe. No.
Senator Rockefeller. You do not. From my point of view--
before I came to this Committee hearing, I said to another
Senator in our caucus that we were going to have this hearing.
I do know that there are a lot of hearings going on today. The
Senator made a very interesting comment which resonated with
me, because I have been watching government for quite a long
time. I was a Governor for 8 years and did not have quite as
many people working for me as you will at 50,000. A small
State, but still an awful lot of people.
It always interested me and it has interested me a lot more
since I have gotten here, in a small State a Governor, for
example, to wit you, can issue an order or can do a directive
or pursue something and there is always a fairly close
relationship between the State Government and the people who
work for it and a Governor. It is a more intimate relationship.
You get up here, everything changes.
I have been stunned in the post-9/11 context by what I call
turf consciousness. We are not immune from that ourselves, I
might say, in Congress. There were those on this Committee that
opposed the idea of aviation security going to homeland
security. I did not. I thought it was good. If it was a
question of turf, then I guess I should have been against it. I
am not. I think it is a good idea, because I think you have so
much to do, you will be involved with it anyway. You have so
much to do and we have got to keep people flying.
But the whole concept of what you call the culture of
bureaucracy, the culture of non-change, the culture of, oh,
Administrator Blakey is going to come and then she is going to
go. Yes, she will be here for 5 years, that is unusual, but
then she will go, then there will be somebody else. This is
like Senators who have been here for a long time say: Oh, I
have been through five presidents, I have been through seven
presidents, whatever it is.
There develops this kind of a culture of ``we are who we
are and people may tell us what to do, but we do not listen
because we do what we do. That is what we are trained to do.
They say the world has changed, but our equipment has not
changed, our ethos has not changed, our self-esteem has not
changed; we show up to work, we do the same thing.''
It is an enormous problem in government. I am on the
Intelligence Committee; I watch in there the most intimate and
immediate matters of national security, the reluctance of
people in various organizations that work on that to change the
way they do business, to change their patterns of behavior,
basically culture.
Now, I thought Jane Garvey made a good start on that. She
did a lot of traveling around, met with people who worked for
FAA. That is a big deal, people do not show up, and when the
Administrator shows up that really means something. I think
that things improved.
On the other hand, FAA is changing so fast, needs to change
so fast, its various functions need to be modernized so
quickly. We, for the first time, we were very lax in Congress,
finally passed a reauthorization bill. Even that was a quirk,
and it got things going. The unplugging of hubs is tremendously
important. Senator Fitzgerald was talking about O'Hare. He and
I have different views as to what ought to happen about O'Hare.
But one of the things I think nobody can doubt is that
O'Hare may not be a problem for delays in O'Hare itself, but it
sure is a problem in West Virginia and every other place that
any plane out of O'Hare flies to or from. So that O'Hare
affects all these things.
Now, that does not mean that you can take air traffic
control and ask them to do something differently until you have
the technology to allow them to either separate distances,
altitude in the air, or whatever distances between planes, or
find the technology to allow planes to land or take off more
quickly, and that they are all in place and that they are all
compatible and they reflect themselves in the cockpit. It is
easy to talk about it and very hard and expensive to do.
But the general question I have, this person said, and I
will just be very blunt about it, that ``those FAA people, they
are going to eat her alive.'' Now, I want you to respond to
that and tell me why they are not going to eat you alive.
Ms. Blakey. Well, I think in part because, as they say, ``I
are them.'' You have to remember that I come out of the career
bureaucracy, for one thing, so I have been there. I do
understand what you are talking about from a cultural
standpoint. I have a healthy respect for the people who day in
and day out have to deliver the goods in all the specific ways
that way down in the FAA have to happen.
So there is certainly, as I say, both a respect for the
functionality as well as a respect for what I am up against in
terms of trying to make change, because people do not like to
change. Organizations do not like to change. It is very
fundamental.
All right, what does that mean and how do you do it? I am
not going to say I have all the answers here today by a long
shot. But to borrow an analogy from a different mode of
transportation, you have got to get off the bridge. It is no
good to be up there with your officers, everybody in braid and
turning the wheel and pretending that the ship is going in the
direction you want and everything way down is functioning,
because half the time the wheel is not connected to anything
and folks down there are just doing it all on their own, if you
take that approach.
You do have to get into the organization, meet with people
in their offices, go out into the field, sit and talk with
people about what is going on and what is not. But most
importantly, you have to take the navigational map, if you
will, from the bridge out with everyone and say, OK, here are
the goals where we are going here, here is what we want to
accomplish here. Now, I am expecting you to tell me what it is
going to take to empower you to get it done, but there are
performance measures here, we are expecting things to happen.
And we want to get real specific about that. So let us talk
about the schedule, let us talk about the metrics in terms of
the way we want to approach things here, what the benchmarks
are and how are we going to get there.
Then you have to continue, I believe, day in and day out,
week in and week out, with that kind of intensity at all levels
of the organization, because if you are doing it all from the
front office it just simply does not work and people do not
respect that, and you will never know really what is happening
fundamentally.
So that is the way culturally I look at it, and I will
certainly do everything I can to make sure that the
organization is going to be one that is going to be nimble, be
aggressive in meeting its deadlines, and be very proud of the
fact that it is a real change agent. I think that can happen.
Senator Rockefeller. Good answer. It is a good answer, and
it is an important answer and you hit it immediately and you
hit it hard. The fact that you have been in the bureaucracy, so
to speak, in fact does mean a great deal.
I am going to adjourn this now, but this is an
extraordinarily important mission. I think the American people
have no sense of what it is that an FAA Administrator goes
through, what they face, the pressures on them, that everything
is real-time, instant, and funding is always short. We are now
in a Federal budget deficit situation. That does not bode well.
You have the advantage that aviation is one of the most high
profile issues on the national agenda right now and very much,
obviously, in terms of security.
Your interest is in safety, your interest is in getting
people back into airplanes, your interest is in having planes
take off on time, land on time, have them do it faster, but at
the same time very safely. So it is an enormous position which
you are undertaking.
I want you to have the position. I think you are going to
get the position. I hope it is real soon, and I thank you very
much for appearing.
Ms. Blakey. Thank you, Mr. Chairman.
Senator Rockefeller. Thank you.
This hearing is adjourned.
[Whereupon, at 4:07 p.m., the Committee was adjourned.]
A P P E N D I X
Responses to Written Questions Submitted by Hon. Ernest F. Hollings
to Marion Blakey
Question 1. General Management: The FAA for years was often
criticized as reactive, not proactive in making safety advances. Things
have changed over the last several years. What are your plans to build
upon those changes to reduce the risk of accidents?
Answer. As Chairman of the National Transportation Safety Board, I
am keenly aware of the need to be proactive on issues of safety. In my
current job, safety is my highest priority and should I be confirmed as
FAA Administrator, my commitment to safety will remain paramount. I
think one of the changes we have seen over the past few years is FAA's
willingness to work with the industry to identify and meet challenges.
The Operational Evolution Plan provides all parties with an
understanding of how agency goals are to be met, allowing all
stakeholders to plan accordingly. In addition, some of the programs
currently in place are intended to obtain information on areas such as
human factors, which plays a role in virtually all accidents. Changing
the focus from learning things after an accident to understanding how
to improve safety before an accident is critical to a further reduction
in the accident rate. The FAA is currently on track to meet its goal of
reducing accidents by 80% by 2007. I am committed to focusing all my
experience and expertise on helping them achieve that goal.
Question 2. Boeing Aircraft: Last week the FAA ordered all
commercial airlines to inspect more than 1,400 planes built by Boeing
to check on the fuel pump wiring. This is an example where the FAA is
being more proactive. How quickly are these checks being done? Have you
gotten any preliminary results from the checks that have been done? Do
you consider this an unsafe condition for flying?
Answer. I'm advised by the FAA's top safety officials that the
FAA's Emergency Airworthiness Directive (AD) that was issued on Friday,
September 6, and was effective upon receipt, applied to operators of
Boeing Next Generation Model 737 airplanes (Series -600, -700, -700C, -
800 and -900), Boeing Model 747 airplanes, and Boeing Model 757
airplanes. The AD addresses a population of 1250 fuel pumps,
manufactured by Hydro-Aire, a supplier to the Boeing Commercial
Airplane Group. There have been 3 reported cases of these pumps
malfunctioning due to an assembly problem of the internal pump wiring.
This defect is thought to exist in only 2.5% of the pumps, or
approximately 30 pumps. A potentially unsafe condition exists if the
mis-wired fuel pump produces a spark, which could ignite flammable
vapors in a fuel tank. The actions taken by this AD will prevent such
an occurrence.
The current AD directs operators of the affected airplane models to
maintain a certain level of fuel in the tank necessary to cover the
fuel pump. This will ensure the continued safe operation of the
affected aircraft until an inspection can be developed to identify and
remove the mis-assembled or bad pumps.
The FAA is working with Boeing to develop an effective means to
inspect the fleet for the presence of a mis-assembled pump. When an
effective means of inspection is approved by the FAA, another AD will
be issued to mandate its accomplishment. No inspections have been
conducted to date.
Question 3. Cockpit Doors: Cockpit doors are required to be
strengthened to withstand bullets or grenade blast by April 9, 2003.
Recent news reports have indicated that the FAA is concerned about
meeting this deadline. What is the current status of this effort? What
steps will you be taking to insure that this deadline is met? The
cockpit is clearly most vulnerable while the doors are open Do you plan
on making any additional changes to ensure the integrity of the
cockpit?
Answer. I understand that the FAA is holding weekly meetings with
industry to identify and resolve any issues that would delay
certification and installation of the new hardened doors. In addition,
the agency is receiving weekly status reports from manufacturers and
airlines which will allow the FAA to identify and address any issue
that might jeopardize the deadline being met. When the original rule
was issued requiring stronger locks on the doors, the airlines were
also required to ensure that the door remained locked during the
operation of the flight, that each carrier establish procedures for
identifying those individuals who need access to the flight deck, and
that each carrier establish procedures for pilots to follow when they
needed to leave the flight deck during the operation of the flight.
Question 4. Pilot Licenses: The FAA continues to have authority to
issue pilot licenses (certificates to airmen). How will FAA use new
technologies, like biometrics for new licenses, and how quickly will
the FAA change the current paper license system?
Answer. I'm advised that the FAA has developed a proposed
rulemaking for immediate implementation that would require airmen to
carry photo identification along with their airmen certificate. The
photo identification would be required to be in the airmen's possession
in order to exercise the privileges of their certificate. The
rulemaking was proposed by the Aircraft Owners & Pilots Association as
a way to quickly get in place a mechanism to provide photo
identification along with the FAA's airmen's certificate.
Before considering a photo and/or biometrics on the FAA certificate
itself, the FAA will want to see what type of standard identification
criteria are established by either the Transportation Security
Administration or the proposed Department of Homeland Security.
Question 5. AIP: It is not clear how expenditures for the Airport
Improvement Program have been impacted by 9-11, and if those changes
will have a severe impact on the FAA. What impacts on spending
priorities has 9-11 had on the AIP program?
Answer. I'm told that the FAA anticipates that Airport Improvement
Program (AIP) expenditures for security related projects this year
(other than terminal modifications to accommodate passenger and baggage
screening) will be approximately $400 million. This represents four
times the highest amount devoted to security projects in any previous
year. The FAA is continuing to work with the Transportation Security
Administration to identify permanent solutions for EDS installation.
To meet the increased security needs in FY 2002, the FAA did
curtail AIP funding of new projects. However, the impact of this action
in FY 2002 is likely to be modest because many airports delayed new
starts themselves in response to the uncertainties in the 12 months
after September 11.
Question 6. Privatization: The FAA, in an opinion submitted to the
District Court in Ohio, included a statement that contracting out air
traffic control tower functions for ``contract towers''--a program
limited to a specific category of small airport--is not an inherently
governmental function. While the opinion of the FAA is limited to these
types of towers, I want to make sure that the reasoning does not, and
is not used to further erode the inherently governmental nature of the
FAA's mission to provide Air Traffic Services. Can you give me your
assurance that the FAA's opinion with respect to contract towers will
not be expanded upon?
Answer. I've been advised that FAA has no plans at this time to
convert any additional air traffic towers to the federal contract tower
program.
Question 7. Fees/Demand Management: The FAA has said airports do
not have the authority to impose or collect ``demand management''-type
pricing schemes (e.g. peak period pricing, which could freeze out small
carriers) under existing law. Can you assure me that while you have
solicited comments with respect to LaGuardia, you will not allow such
actions?
Answer. I will ensure FAA upholds existing statutory and AIP grant
assurance restrictions on the imposition of demand management pricing
at airports and work with airports to assure that any such fees, if
permissible, would take into account the impact that they would have on
new entrant carriers, service to small communities, and international
aviation.
If upon review of public comments regarding the potential use of
demand management pricing at LaGuardia, there is an interest in using
pricing to control congestion and delay at LaGuardia, and, if the
Department's studies and analyses demonstrate its feasibility and
effectiveness, the FAA would, of course, work with Congress on any
needed changes in Federal laws.
______
Responses to Written Questions Submitted by Hon. Max Cleland
to Marion Blakey
Question 1. Shortage of Controllers: As you know, there is a
shortage of air traffic controllers which promises to approach critical
mass in a couple of years unless we address this very important issue.
In fact, the GAO recently issued a report stating that the controller
system will be reaching a point of stress if more hiring and training
are not done. This shortage negatively impacts traffic into and our of
Hartsfield, which is still the world's busiest airport--and delays at
Hartsfield have a ripple effect through out the system.
I have introduced S. 871 as a stop-gap measure to alleviate the
problem. My bill would change the compensation for air traffic
controllers by computing their annuities in much the same way annuities
are computed for law enforcement officers and firefighters retiring
under the Civil Service Retirement System. Under my bill, older
controllers would be encouraged to stay on the job longer because of
the increased annuity payments they would receive. Retaining these
controllers would provide the FAA with more time to hire and train
future controllers. S. 871 has bipartisan support.
Ms. Blakey, I would appreciate hearing your comments on S. 871.
Would you support this legislation?
Answer. I am aware of the anticipated shortage of qualified air
traffic controllers and recognize that this is a very important issue.
I commend you on your efforts to address this issue. I understand the
FAA is looking at a range of options to address this issue. The FAA is
faced with the challenge of finding a way to ensure that air traffic
continues to be safe and efficient within the resource limitations the
government always seem to face. I look forward to working with you,
should I be confirmed, to address this issue and to ensure that the air
traffic needs of this nation continue to be met.
Question 2. Savannah/Hilton Head International Airport: The
Savannah/Hilton Head International Airport has been approved for some
time to have its tower staffed 24 hours, seven days a week, but no
funding has been allocated to hire the additional controllers. As it is
now, after midnight, commercial aircraft are landing at Savannah
without tower assistance. In addition, the Savannah Tower handles air
traffic at certain altitudes for Hunter Army Airfield and the Hilton
Head general aviation airport, so those airports are also affected.
When can we expect the new personnel to be assigned to operate the
Savannah Tower 24-7?
Answer. I understand that a 24-hour operation at the Savannah
International Airport was requested but has not been approved. I am
told that the data used to support the request is old and a new study
must be done to determine if a 24-hour operation is needed. The
facility has an agreement for controllers that allows for air traffic
control specialists (ATCS) to extend their shifts as needed, and
overtime has been allocated. In addition, Jacksonville Air Route
Traffic Control Center handles the instrument flight rules traffic when
the facility is not in operation. I believe there will be an increase
of two controllers in Savannah in the Spring 2003. The FAA regions have
each obtained their allocation of controllers for the first quarter of
next fiscal year. I am told that negotiations for the placement of
these controllers is ongoing with the controllers' union. I understand
your concern that this facility should be sufficiently staffed and,
should I be confirmed, I would be happy to work with you to ensure that
is the case.
Question 3. Runway Visual Range for Savannah Airport: I would
appreciate your checking on when the Savannah airport will get full
installation of its RVR (Runway Visual Range) navigational devices. The
navigational devices have been approved by the FAA, but they have not
yet been fully installed. The RVRs would significantly increase
Savannah's ability to handle aircraft in bad weather Can you give me an
idea of when they might be installed?
Answer. I have checked with FAA's Airways Facilities organization
and received the following information. The equipment will be delivered
to the airport at the end of November. Depending on funding for the
project in 2003, the FAA will begin engineering design work and
establish the construction contracting process. These activities will
be completed in June. The installation of the RVR will begin in July
2003 and end in August 2003. It will be commissioned in September 2003.
Question 4. Executive Order: President Bush signed an Executive
Order on June 4th that would allow oversight over the Air Traffic
control system to be contracted out. Where do you stand on privatizing
ATC oversight and the Air traffic Control system in general?
Answer. My understanding is that the Executive Order was amended to
make clear that the Executive Order did not inadvertently preclude the
continuation of FAA's successful contract tower program. FAA has no
plans at this time to convert any additional air traffic towers to the
federal contract tower program.
______
Response to Written Question Submitted by Hon. John Edwards
to Marion Blakey
Question 1. Ms. Blakey, as you know, a great many people are
preparing to celebrate the 100th anniversary of the Wright Brothers
historic first flight in my state. This will be a year-long celebration
involving thousands of aircraft of all shapes and sizes. I have been
working for the last few years to secure funding for the various
activities that are expected to take place in and around Kitty Hawk to
make sure that the many visitors who will be in the area will have a
positive experience. As you can imagine, we will be needing a great
deal of assistance and support from the FAA--we will need a temporary
ASR-9 radar and additional tower facilities at four identified airports
to ensure safety of the high volume of commercial, civilian and
military aircraft throughout 2003.
I know your staff is aware of these needs and is working to provide
us with a cost estimate. What I'd like from you is your personal
commitment to helping us secure this equipment.
Answer. Let me assure you that you have my personal commitment to
assist North Carolina with preparations for next year's 100th
anniversary of the Wright Brothers first flight, which is an exciting
and important milestone for the aviation community. As you stated, the
FAA has been working with North Carolina's Department of Transportation
to develop cost estimates for establishing and staffing air traffic
facilities at various locations around the state. If confirmed as FAA
Administrator, I will ensure that the FAA continues to work closely
with state officials to finalize all requirements, and establish a
definitive work plan to provide the necessary support for the
centennial events within available resources.
Response to Written Question Submitted by Hon. John F. Kerry
to Marion Blakey
Question 1. Ms. Blakey, as you are aware, the FAA has exclusive
jurisdiction over the occupational health and safety of flight
attendants. Two years ago the FAA and OSHA signed a Memorandum of
Understanding to move forward on implementing OSHA standards for flight
attendants. In the interim the FAA has only announced a plan that calls
for voluntary safety guidelines to be implemented by the airlines. As
the FAA Administrator would you be willing to relinquish exclusive
jurisdiction over occupational health so that all flight attendants can
be protected whether or not a carrier voluntarily decides to implement
safety standards?
Answer. I understand FAA has worked closely on this issue with the
Assistant Secretary for Occupational Safety and Health at the
Department of Labor. The Memorandum of Understanding sets forth a
process by which the FAA and OSHA will determine whether OSHA
requirements can be applied to the working conditions of employees on
aircraft in operation without compromising aviation safety. A
commercial aircraft is a unique workplace and that uniqueness must be
factored into any application of occupational health requirements. FAA
cannot abdicate its role in ensuring that occupational health
requirements do not have unacceptable or unintended safety or
operational impacts. Should I be confirmed, I will work with my
counterpart at OSHA and with relevant stakeholders to establish a
future course for this regulatory area that ensures a high quality
working environment aboard commercial aircraft.
______
Responses to Written Questions Submitted by Hon. John McCain
to Marion Blakey
PERCEIVED LACK OF AVIATION EXPERIENCE
Question 1. There are some people in the aviation community who
believe that your apparent lack of aviation experience could be a
detriment to your being the FAA Administrator. It is important to show
clearly to the various segments of the aviation community that you
understand their needs and how they operate. What do you plan to do to
reach out to the aviation community and assure them that you understand
their needs and how they operate?
Answer. Both the FAA and the aviation industry benefit from strong
leadership and good management. Over the past three decades, I have
developed my leadership skills and executive management experience in
both the private and public sectors. My experience as Chairman of the
National Transportation Safety Board (NTSB), Administrator of the
National Highway Traffic Safety Administration (NHTSA), Assistant
Secretary for Public Affairs at the Department of Transportation (DOT)
and owner of a public affairs firm has prepared me to deal with the
challenge of managing the FAA. I am not afraid to make decisions, and I
am not afraid to work hard to implement my decisions. Providing the
agency with clear direction and working with both agency employees and
industry leaders to communicate that direction is important in ensuring
that a strong system of consensus building between the public and
private sectors is achieved. I also intend to meet the agency's current
and future challenges by building strong partnerships with the aviation
community--including the flying public, the manufacturers, the
airlines, the general aviation community, and transportation labor
leaders. I have already conducted outreach sessions with various parts
of the aviation community, and would make such contacts a routine part
of my work at FAA.
Question 2. You currently oversee an agency with 450 employees and
a $68 million budget. The FAA is at least 100 times larger. Are you
prepared for overseeing an operation of this scope and magnitude?
Answer. Certainly, the management issues facing the FAA
Administrator are more challenging than those facing the Chairman of
the NTSB in terms of both scope and size. However, strong leadership
and a good management team are essential to running any organization
successfully, regardless of size. No single individual will have all
the skills and experience required to do a job of this complexity, and
I am looking forward to having a senior management team of extensive
experience in transportation and aviation. That said, the leader of any
organization must be able to make necessary decisions, understand the
ramifications of those decisions especially in an agency such as the
FAA, with significant safety responsibilities, where such decisions
often have extraordinary implications, and ensure that those decisions
are effectively implemented.
SIGNIFICANT SAFETY ISSUES
Question 3. In the past, the FAA has been criticized for being too
close to the aviation industry in that safety recommendations by the
NTSB are not followed or are watered down if the industry complains
about the burden they would impose. As the current chair of the NTSB,
you have something of a unique perspective on this issue. How would you
handle NTSB safety recommendations, such as those on the Ten Most
Wanted List, as the head of the FAA?
Question 4. As Chairwoman of the NTSB, you have been in the unique
position to both understand and help develop the serious, well-
researched safety recommendations NTSB is charged with issuing. You
have also been in a position to see firsthand that many of those
recommendations are not quickly followed through with at the FAA. What
are the top five recommendations that you believe the FAA should have
finalized by now and how do you plan to address this problem when you
assume leadership of the FAA?
Answers 3 and 4. As Chairman of the NTSB, I initiated a program to
work with all DOT modal administrators to aggressively address open
safety recommendations. As FAA Administrator, I plan to continue this
effort. Indeed, the task is formidable at FAA--there are over 300 open
recommendations. Historically, the FAA receives about 50 percent of all
NTSB safety recommendations, approximately 4,000 since the inception of
the program. Overall, the FAA has maintained an acceptable response
rate of over 80 percent of NTSB recommendations. I intend to give
particular emphasis to the FAA efforts in response to recommendations
related to runway safety, aircraft structural icing, fuel tank safety,
flight data recorders, and human factors such as fatigue, with a view
to proceeding more aggressively in these critical safety areas.
Question 5. Is it your perception that following September 11 and
the heightened attention devoted to security, that safety issues have
lost some focus, or more importantly funding? In other words, is safety
taking a backseat to security?
Answer. I believe safety can never take a back seat at the FAA. It
is the FAA's primary mission. Both before and after September 11, the
FAA has maintained robust programs to set safety standards and oversee
compliance with these standards. These programs continue to help ensure
the outstanding safety record the U.S. aviation system enjoys. I can
assure you that I intend to increase the focus on safety, while
allowing the system to operate securely, efficiently, and effectively.
Question 6. The Air Transportation Oversight System (ATOS) was
initiated at 10 major air carriers more than three years ago to use
data to identify trends and spot problems in aircraft maintenance
before they result in incidents or accidents. The new system is not
reaching its full potential at the original 10 carriers and has not
been expanded to the remaining passenger air carriers. How would you
move this program forward?
Answer. I have been briefed on ATOS, which is a proactive approach
to aviation safety that goes beyond just ensuring compliance with
regulations. The goal is to foster a higher level of safety of air
carriers by using a systematic, data-driven process to identify safety
trends and prevent accidents. ATOS ensures that air carriers build
safety into their operating systems, and identify and correct
deficiencies before they cause problems with safety and service to the
public. I know that the FAA is using feedback from inspectors and air
carriers to improve the ATOS process with improved job aids,
automation, and training.
Before expanding the program, I would evaluate its maturity and
effectiveness and ensure appropriate training can be provided to the
inspectors. I would also expect to incorporate further inspector and
air carrier feedback as the program matures.
Question 7. Last year there were about 380 runway incursions and
1,200 operational errors, both indicators of serious safety risk. What
actions would you expect the FAA to take to reduce the occurrence of
these incidents?
Answer. As Chairman of the NTSB, addressing runway incursions was a
top priority of mine--one which I intend to focus on as Administrator
of the FAA. Based upon the numbers reported by FAA comparing the number
of runway incursions and operational errors in 2001 and 2002, I believe
that progress has been made towards reducing runway incursions. The FAA
appears to be heading in the right direction with the creation of the
Runway Safety Blueprint 2002-2004, which includes 39 action items
targeted to reduce risk on the runway.
Additionally, I have been told that in the past year, the Office of
Air Traffic implemented a number of initiatives designed to increase
management focus on and reduce the occurrence of operational errors.
The Office of Air Traffic has also entered into a collaborative
agreement with the National Air Traffic Controllers Association to
jointly work on the reduction of operational errors. As of September
12, 2002, 1001 operational errors have been reported in FY2002. This
represents a 13% decrease (-147 errors) from the same period of FY2001.
As Administrator, I would work to continue this trend by pursuing
development of air traffic specific awareness training as well as
continued research into the human factors associated with errors to
better identify causal factors and develop appropriate training.
Question 8. In October 2000, the Inspector General expressed
concern that the FAA's selection process for the expanded Controller-
in-Charge (CIC) Program was not ensuring that only the most qualified
controllers are selected. The FAA's own internal evaluation of the
expanded CIC Program found that 70 percent of the facilities were
designating 100 percent of the air traffic controllers as CIC. Based on
your experience at NTSB, do you have concerns about the CIC program?
Would you consider taking another look at the practice of designating
100 percent of the air traffic controllers at a facility as
Controllers-In-Charge, given the high numbers of runway incursions and
operational errors?
Answer. FAA officials have advised me that, subsequent to the
expression of concern by the Inspector General regarding the FAA's
selection process for the expanded controller-in-charge (CIC) program,
agency officials met with Mr. Mead and members of his staff to address
this and other related issues.
The CIC program is part of the agency's overall watch supervision
effort and, if confirmed as FAA Administrator, I would ensure that the
program continues to be examined any time we review the safety aspect
of air traffic operations. In the course of such reviews, if it is
determined there is a correlation between CIC percentages and
operational errors or runway incursions, I would advocate that we take
another look at FAA policies and practices of designating CIC
percentages for facilities. I am told, at this time, the FAA has not
seen such a correlation and the agency is confident that its air
traffic managers are appropriately utilizing the CIC program. If
confirmed, I would certainly continue to assess this myself on an
ongoing basis as a part of my safety oversight responsibilities.
Question 9. The General Accounting Office recently released a
report examining the future attrition of controllers. GAO concluded
that by the end of fiscal year 2006, about 5,000 controllers will leave
the agency. Many of these controllers hold positions as supervisors or
work in the FAA's busiest facilities. Given the projected attrition
rates in the controller workforce, what measures would you take to
ensure that enough certified controllers and supervisors will be
available to meet the agency's projected staffing requirements?
Answer. The FAA's data show that the retirement eligibility rate
for terminal and en route controllers will dramatically increase
beginning in fiscal years (FY) 2006 and 2007. If confirmed, I expect to
work with the Department of Transportation and the Office of Management
and Budget to address the impending increase in controllers who are
eligible to retire in the FY 2004 budget submission. I will personally
review the FAA FY2004 budget recommendations, which are now under
review within the Administration, to assure appropriate resources to
hire controllers and supervisors. I believe this type of advance
planning is a prudent means of preparing for the possibility of future
retirements.
Question 10. The Flight Operational Quality Assurance (FOQA)
program, which involves the collection and analysis of data recorded
during flight, offers a quantum leap forward in respect to safety. The
Committee understands that progress has been made and many aircraft are
suitably equipped. What additional steps can the FAA and airlines take
to make the FOQA program a robust system and meet expectations?
Answer. I have been and will continue to be an outspoken supporter
of FOQA and other safety data programs.
Currently, the FOQA program is operating at major airlines and
meeting the expectations of the individual airlines that are
voluntarily participating in the program. To further enhance the safety
benefits of FOQA, a means for collecting and sharing safety related
FOQA data among airlines, as well as with the FAA, should be
implemented. In addition, a much wider participation in the program by
regional airlines is needed.
The FAA is working in partnership with airlines and labor
associations in the FOQA Aviation Rulemaking Committee to address the
establishment of a mutually acceptable venue for sharing FOQA data. The
FAA has undertaken regulatory initiatives to address airline concerns
about use of FOQA information for enforcement, and concerns about
inappropriate disclosure of FOQA information voluntarily provided to
the FAA. The FAA recognizes that implementing these protections is a
pre-requisite to further progress on voluntary FOQA information
sharing.
Question 11. When she was going through her Senate confirmation
process, former Administrator Garvey stated that ``[t]he top safety
challenge confronting the FAA is to keep pace with a growing, dynamic
industry that is evolving in its businesses, practices, and
technology.'' This seems as true today as it was five years ago. Are
you concerned from a certification and safety oversight perspective
that technological developments are significantly outpacing the FAA's
ability to keep up? What specific suggestions can you make to ensure
that aviation safety inspectors are intimately familiar with the
aircraft and component systems that they oversee?
Answer. There is no doubt that technology is advancing at an
unprecedented pace. To keep abreast of technological advancements and
ensure that aviation inspectors are prepared to perform their safety
oversight responsibilities, the FAA must: (1) continue to work closely
with industry in determining training requirements for current and
future aircraft systems; (2) expand the use of industry developed
material in FAA training programs; and (3) make sure that the FAA
participates and monitors the development, prototyping and testing of
new technologies.
LACK OF RESPONSIVENESS TO IDENTIFIED SAFETY ISSUES
Question 12. In the past, the FAA has not been responsive to
identified safety issues such as non-conforming threaded fasteners,
defects in aviation cable, and the need to revise pilot rest
regulations. What actions would you take to move forward to address
these identified safety issues?
Answer. If confirmed, I intend to hold the FAA management team
accountable to address any safety issues that we, or others such as the
NTSB, identify. During my tenure at NTSB, on the whole, I found the FAA
to be responsive to the safety recommendations that we initiated.
However, we must never lose our focus on identifying and addressing
emerging safety risks.
Question 13. There have been alleged improprieties on the part of
FAA investigating itself involving fatal general aviation accidents.
What actions would you take to avoid the perceptions of bias and cover
up?
Answer. As Chairman of the NTSB, I am intimately familiar with the
importance of conducting unbiased and objective accident
investigations. If confirmed, I intend to hold FAA managers accountable
for ensuring that all investigations are performed in an equitable and
fair manner. I would expect official written reports to be produced in
response to all investigations and be reviewed at the executive level
for appropriate actions.
CONTROLLING COSTS
Question 14. Next year, the new Administrator will face a number of
important issues associated with reauthorization of the majority the
FAA's programs. One of the most difficult issues will involve funding
for the Airport Improvement Program (AIP), which has enjoyed record
levels and a certain degree of insulation from budget cuts since AIR-21
was enacted. Also, there will be a great deal of tension between
security and capacity funding needs within AIP. Do you anticipate that
the FAA will need greater resources in future fiscal years or will the
agency have to readjust internal priorities to accommodate modest
budget growth?
Answer. I understand that considerable work is well underway at FAA
and DOT at the staff level on issues related to the reauthorization of
AIR 21 and its vital aviation programs. As a general matter, and
despite the current downturn in traffic related to the terrorist
attacks of last year, I believe that it is important to continue to
address issues of aviation congestion and infrastructure with a strong
investment program. Making my own detailed assessments about the size
and structure of AIP, and working on them with Secretary Mineta, will
be a very high and early priority if I am confirmed. I look forward to
discussing these matters in detail with the Committee in the months
ahead.
Question 15. The collective bargaining agreement with the FAA's air
traffic controller workforce (the agency's largest workforce) will
expire next year. As FAA Administrator, what do you think the key
issues should be in renegotiating this agreement?
Answer. I am committed to the collective bargaining process and if
confirmed, look forward to conducting a meaningful, open, and fair
dialogue with NATCA representatives. This will be an important time for
the management of the FAA's workforce. As we learned from September
11th, controllers played a critical role in our nation's response to
the terrorists' attacks and are a vital part of the FAA. I feel that
key outcomes of a new contract with NATCA should center on containing
costs, enhancing productivity and technological changes, and
maintaining a skilled workforce level that will assure a continued
safe, efficient, and improved National Airspace System.
Question 16. The FAA's operating costs, which are driven primarily
by its payroll, have increased from $5.3 billion in 1998 to $7.5
billion in 2003--an increase of more than 40 percent. Steep declines in
aviation trust fund revenues have resulted in a much larger portion of
the FAA's operating costs being taken from the General Fund. Given
projected federal deficits and significant increased demands being
placed on the General Fund, what actions do you think would be needed
to contain the growth in the FAA's operating costs?
Answer. I agree that the FAA and Congress should take whatever
actions we can to contain the growth of the FAA's operating costs,
provided that we continue to increase aviation safety and improve
system efficiency. I believe the FAA can maintain and improve the best
air traffic safety and control system in the world while reducing costs
by doing the following:
1. Taking advantage of technology that will reduce costs wherever
possible and as soon as possible;
2. Seeking to consolidate and streamline operations wherever
possible; and
3. Examining carefully projects and services that may not be cost-
beneficial.
Obviously, any effort to reduce costs requires that we know the
full cost of projects and services. Toward that end, I believe cost
accounting must be extended throughout the agency and must be used in
our analysis.
If confirmed, I look forward to working with the Senator and his
colleagues on implementing all possible cost-saving measures, while
still maintaining and improving the best air traffic system in the
world.
Question 17. Since 1996, the FAA has been exempt from most
provisions of Title 5, allowing the Agency flexibility in developing
its personnel management system. While the FAA has used this
flexibility extensively in setting compensation and awarding bonuses,
we have not seen a corresponding increase in management accountability
for costs. As a performance-based organization, accountability for
costs is a major issue that the FAA must address. As the FAA
Administrator, what steps would you take to hold managers at all levels
accountable for controlling costs?
Answer. Accountability for decisions and costs must be a key
component of any personnel management system. While flexibility in
personnel systems is necessary to address the unique needs of the FAA,
there must also be sufficient internal checks and balances on the use
of those flexibilities to ensure that managers are held accountable for
their actions. As Administrator, I would require that my senior
managers monitor the use of our personnel flexibilities within their
organizations and ensure that they are used appropriately, effectively,
and prudently.
CAPACITY AND MODERNIZATION
Question 18. As you may know, in early July, the FAA extended New
York LaGuardia Airport's slot lottery system for two years, delaying
the implementation of a long-term demand management policy for the
airport. The FAA is apparently taking more time to consider several
different approaches to demand management and is reportedly considering
such programs for other airports, including Boston Logan. What are your
views of airport capacity demand management? Are you concerned that
certain schemes may hamper competition or limit access for non-
incumbent carriers?
Answer. Expanding capacity and ensuring efficient use of existing
capacity are important methods to address airport congestion and delay.
With some airports beginning to routinely experience increasing levels
of delay, airport operators should consider ways to increase airport
capacity, such as the addition of new runways. However, in certain
cases, runway expansion is neither practicable nor appropriate. In
these circumstances, it may be necessary to consider other approaches.
If a demand management approach is adopted for allocating capacity
at an airport, the selected approach will need to provide a proper
balance between controlling congestion and delay while at the same time
ensuring service to small communities, new airline entry, and
consideration of international aviation obligations.
Question 19. The FAA's air traffic control modernization
acquisitions have traditionally been over cost and behind schedule. How
would you make your managers and contractors more accountable for
completing these important projects on time and within budget? What
steps would you take to control cost growth with major acquisitions?
Question 20. The FAA now faces major challenges in providing new
hardware and software for oceanic air traffic control and new software
for enroute computers. How would you as FAA Administrator ensure that
significant problems in these important projects are avoided?
Answers 19 and 20. The FAA has been actively working to improve the
management and performance of its large acquisition programs and has
made progress in addressing the problem of schedule and cost
discrepancies in its programs. I don't believe there is any magic
solution to delivering large, complex programs, especially when you're
dealing with leading-edge technologies, but there are a few
fundamentals that are necessary to ensure success.
If confirmed, I will guarantee my own personal involvement in these
large, complex, critical programs, including the oceanic and enroute
computer modernization programs.
The development cycle of each program should include a reassessment
of risks and assumptions, the creation of a functioning prototype, an
evaluation of lessons learned, and a go/no go decision for the next
phase. When appropriate, I would convene independent review panels to
assess the feasibility of continuing with particularly challenging
programs.
I am encouraged by the agency's recent change to its acquisition
process. Programs are first reviewed to select the best alternative and
then baselined when more information is known about the acquisition
strategy, expected costs, and risks. Delaying final baselining until
the program manager has had a chance to poll the marketplace and have
contractor input and information should greatly reduce the risk of
having to rebaseline later and allow us to manage within acceptable
variances. Once established, baselines are managed through a series of
controls that include risk management plans, program control processes
and disciplines, Earned Value Management System controls to manage
contractor performance and risk, and baseline management and reporting.
Senior level managers receive program status reports on a monthly basis
and detailed reviews of program cost, schedule, and technical status at
semi-annual Acquisition Reviews. Finally, proceeding with procurements
at a deliberate pace need not be inconsistent with rapid innovation and
modernization. If confirmed, I would continually try to make the
efficiency and safety benefits that we expect from cost effective
modernization a compelling priority for the FAA team.
Question 21. The FAA's Operational Evolution Plan calls for
airspace users to invest perhaps billions of dollars in new technology
(satellite navigation, data link, communications, etc.). At the same
time, the airlines are financially struggling. What do you think is the
best approach to encourage airspace users to equip with new technology?
Under what circumstances do you think the FAA should mandate the use of
new technology?
Answer. It is my understanding that the Operational Evolution Plan
is a commitment document that reflects the FAA/Industry consensus
approach to voluntary aircraft equipage. Working with the Radio
Technical Communications Association (RTCA), the FAA has revalidated
this approach and RTCA will soon publish a report that will establish
the guidelines for mandatory versus voluntary equipage. For the OEP
capabilities, data driven, government cost/benefit analysis would be
needed to support this decision process. I have been told that the FAA
expects that typically benefits such as cost avoidance, revenue
enhancement, and strategic advantage will provide effective incentives
for airlines and operators to equip. As FAA Administrator, I would
support current FAA policy that for OEP capabilities, mandatory
equipage will be considered only if a compelling benefit to industry
can be defined. Otherwise, only compelling safety and security concerns
merit mandatory equipage.
OVERARCHING FACTORS THAT WILL AFFECT FAA'S PERFORMANCE
Question 22. There has been much talk this past year about
restructuring the FAA. What are your ideas on how the agency should
structure itself to provide more cost-effective air traffic services?
Based on your experiences at the Safety Board, what do you think the
FAA needs to do a better job on?
Answer. I believe the FAA is placing a strong emphasis on
performance metrics. This commitment to openly measuring performance
and sharing the results with the aviation community is a fresh approach
for a Federal agency. While the FAA has made strides in its internal
processes, I think more can be done in terms of accountability and
follow through. The Operational Evolution Plan (OEP) demonstrates a
good example of developing an improvement plan with a focus on internal
processes.
Question 23. It has been two years now since the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR-21)
established a Chief Operating Officer and Management Advisory Council,
with a subcommittee to oversee air traffic services. While a Management
Advisory Council and an Air Traffic Control Subcommittee have been
established, a Chief Operating Officer responsible for negotiating a
performance agreement with the FAA Administrator has still not been
hired. What are your views on what type of individual is needed in this
position and what plans might you have to move forward in the hiring
process?
Answer. I am told that over the past year and one-half, aggressive
efforts were made to recruit for the COO position by the Secretary of
Transportation, the Deputy Secretary and the FAA Administrator. Two
search firms were employed, both unsuccessfully. Several offers were
extended and ultimately rejected. In the end, two factors above all
made it difficult to recruit a suitable candidate. First, the pending
transition at the head of FAA--each candidate wanted to be assured of a
good working relationship and professional fit with the new
Administrator. Second, there was considerable concern among candidates
about the role of the COO relative to the ATC Subcommittee and the
COO's reporting relationship within FAA. The Department of
Transportation has drafted legislation that would address the reporting
relationship issues and make the work of the ATC Subcommittee more
effective. If confirmed as FAA Administrator, advocating passage of
that legislation and recruiting an effective COO would be one of my
very highest personnel priorities for FAA. I would look for a COO
candidate with strong management skills, deep operating experience and
the discipline to establish, measure and run the enterprise with
rigorous metrics tied to FAA performance goals. Ideally the COO would
have significant experience in the aviation world.
Question 24. Several years ago, Congress gave the FAA extraordinary
personnel and procurement flexibilities. While there is some general
agreement that agency procurement has improved as a result of those
changes, it is much less evident that the personnel reforms have
yielded significant benefits. What is your view of these reforms? Is
there anything you could do as Administrator to take more advantage of
personnel flexibilities?
Answer. Changing personnel systems is a major challenge for any
organization, particularly one as large and geographically dispersed as
the FAA. I believe the FAA has made progress in implementing its new
personnel system. There have been successes in recruitment and
employment flexibilities, implementation of performance-based
compensation programs, and movement to an effective performance
management system. As Administrator, I would examine how I could use
the flexibilities and tools available in the FAA system to continue the
progress that has already been made. The ultimate goal over time should
be an agency that is responsive to its customers, focused on its
mission and goals, and supportive of the Administration's initiatives
for human capital management as outlined in the President's Management
Agenda.
Question 25. Based upon your work at the NTSB, are there areas or
ways in which the FAA is severely deficient? If so, what do you propose
to do to address those deficiencies?
Answer. One area that has been of some concern to the NTSB and to
me personally is that of runway incursions. I am pleased that the FAA
created an office of Runway Safety to focus completely on this issue. I
think the FAA's current approach of focusing on reducing the number of
the most dangerous runway incursions, rather than simply reducing the
overall number, will improve safety. There have been some indications
that this approach is working. I look forward to working with this
office on this very important issue. I would also like to see where we
might expand upon the use of information shared by the aviation
industry to be more proactive in improving safety.
SPACE
Question 26. What efforts has the FAA made to include space
transportation in the modernization of the National Airspace System
(NAS) and how will these efforts accommodate the future requirements
for commercial space launches and re-entries?
Answer. I have been advised that the combined resources of the
FAA's Commercial Space Transportation and Air Traffic Services teams
have developed two documents that offer a bridge between space and
aviation operational requirements. The first document that is part of
this bridge is the Concept of Operations (CONOPS) for commercial space
transportation. The CONOPS describes commercial space transportation
operations with an emphasis on the management of space launch and
reentry vehicles as they transition through the National Airspace
System. The second document is a Space and Air Traffic Management
System (SATMS) Program Plan, which lays out the incremental steps
needed to accomplish the integration of space operations within the
NAS.
To accommodate future requirements FAA's experts in Commercial
Space Transportation support the NAS Architecture development as it
incorporates space concepts and identifies future NAS requirements.
Commercial Space Transportation also participates in the Interagency
Air Traffic Management Product Team and the Radio Technical
Communications Association Advisory Committee to review the future
challenges that face the commercial space industry and assure a smooth
transition.
In addition, to oversee the objective of seamlessly integrating
space into the NAS, the FAA has established a SATMS Executive Board
that is comprised of senior FAA and DOD managers. The FAA expects that
the efforts I have described here will be included in the Operational
Evolution Plan strategic goal planning activities in order to effect a
seamless transition that meets all current and future user needs.
GRAND CANYON OVERFLIGHTS
Question 27. As you may know, I have a long-standing interest in
the issue of air tour overflights of our national parks, particularly
the Grand Canyon. A federal appeals court recently ruled that the FAA
must reconsider certain aspects of its regulations governing air tours
over the Grand Canyon. Are you familiar with this issue and can you
tell me how you believe the agency should handle the matter?
Answer. I am aware that the FAA and the National Park Service have
been working for some time to address concerns about the noise created
in the Grand Canyon by air tours that operate in the area. I have been
told that FAA staff are in the process of looking at the impact of the
recent court decision and how the FAA should proceed in cooperation
with the Department of Interior in light of the decision. I can assure
you that I will look into this matter and update you and the Committee
at the earliest possible opportunity should I be confirmed.
______
Response to Written Question Submitted by Hon. Kay Bailey Hutchison
to Marion Blakey
Question 1. The Standard Terminal Automation Replacement System
(STARS) program is 4 years behind schedule and $700 million (80%) over
budget. The DOT IG has called it a ``problem program'' given the cost
and schedule risk. What are your plans for getting this critical
program back on track and reducing the cost and schedule risk?
Answer. I understand that the schedule delay which the Department
of Transportation Inspector General has referred to happened in 1997
when labor unions identified numerous human factors issues that
resulted in a need for significant software development. The FAA agreed
to these changes but this drove up costs from $940.2 million to $1.4
billion and delayed STARS deployment by nearly four years. Since those
changes were made, I have been told that STARS development and
deployment has been on schedule.
The FAA's risk mitigation plan for STARS involves an incremental
deployment schedule that allows the controllers and technicians to get
used to some changes before introducing others. This allowed STARS to
be introduced to the user community in three phases, with each phase of
STARS undergoing operational testing prior to deployment. As a result,
STARS has undergone extensive levels of testing at the FAA technical
center in New Jersey, at Department of Defense (DoD) air traffic
control facilities and at several FAA air traffic control facilities.
I have been advised by FAA officials that, they expect the STARS
system to be operationally suitable to control live air traffic in
Philadelphia by November 17, 2002. The STARS system is currently being
used to control live traffic in El Paso, Texas and Syracuse, New York
with an initial software version, and the system at El Paso will be
upgraded nearly two months before Philadelphia commences operations.
__________
Air Crash Victims Families Group*
Ridgewood, NJ, August 15, 2002.
Hon. John McCain,
Senate Committee on Commerce, Science and Transportation,
508 Dirksen Senate Office Building,
Washington, DC.
Dear Senator McCain: We endorse the nomination of Marion C. Blakey
as the new Administrator of the ``Federal Aviation Agency''.
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* The ``Air Crash Victims Families Group'' is an informal alliance
of ``The American Association for Families of KAL007 Victims'', ``The
TWA800 Families Assoc., Inc.'', ``The International Association for
Families of Swissair 111, crash victims of Alaska Air 261, EgyptAir 990
and American families of other air tragedies.
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Mrs Blakey is presently the Chairman of the ``National
Transportation Safety Board'' (NTSB), the transportation accident
investigative agency which feeds the ``Federal Aviation
Administration'' their recommendations for the needs to improve the
safety and security in the civil air transportation sector.
Her NTSB experience alone would make Mrs. Blakey uniquely qualified
to lead the FAA for speedier implementation of their recommendations.
In addition, Mrs. Blakey brings to the FAA a wide ranging, balanced
experience from the time she worked at the Department of
Transportation, at other Government Agencies, at the White House and in
the private sector.
Even before the catastrophic events of September 11, 2001 the FAA
found itself engaged and pressured to reorganize, streamline and
modernize its operations. During the tenure of its past Administrator,
Jane Garvey, the FAA has made progress in that direction. It is now
imperative that the momentum of those ongoing efforts of
reorganization, regulatory improvements, technical and operational
modernization to bring the FAA fully into the 21st Century be continued
seamlessly, without interruption, and be expanded.
With her past experiences Chairman Blakey would assure not only the
continuity to maintain, but also to increase the momentum of
reorganization, where needed, involving in the process all interested
parties, the flying public included.
Chairman Blakey must be commended for her courage and for her
commitment to accept this daunting, often thankless task.
Respectfully,
A. Frank Carven III,
TWA800.
Hans Ephraimson-Abt,
KAL007.