[Senate Hearing 116-596]
[From the U.S. Government Publishing Office]
S. Hrg. 116-596
NOMINATION OF STEPHEN M. DICKSON,
NOMINEE TO BE ADMINISTRATOR,
FEDERAL AVIATION ADMINISTRATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
MAY 15, 2019
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
_________
U.S. GOVERNMENT PUBLISHING OFFICE
52-695 PDF WASHINGTON : 2023
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
ROGER WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington,
ROY BLUNT, Missouri Ranking
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts
CORY GARDNER, Colorado TOM UDALL, New Mexico
MARSHA BLACKBURN, Tennessee GARY PETERS, Michigan
SHELLEY MOORE CAPITO, West Virginia TAMMY BALDWIN, Wisconsin
MIKE LEE, Utah TAMMY DUCKWORTH, Illinois
RON JOHNSON, Wisconsin JON TESTER, Montana
TODD YOUNG, Indiana KYRSTEN SINEMA, Arizona
RICK SCOTT, Florida JACKY ROSEN, Nevada
John Keast, Staff Director
Crystal Tully, Deputy Staff Director
Steven Wall, General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Renae Black, Senior Counsel
C O N T E N T S
----------
Page
Hearing held on May 15, 2019..................................... 1
Statement of Senator Wicker...................................... 1
Prepared statement of Hon. Johnny Isakson, U.S. Senator from
Georgia.................................................... 4
Statement of Senator Cantwell.................................... 2
Statement of Senator Blunt....................................... 18
Statement of Senator Blumenthal.................................. 19
Article dated May 14, 2019 from The Wall Street Journal
entitled, ``FAA Didn't Treat Suspect 737 MAX Flight-Control
System as Critical Safety Risk'' by Andy Pasztor, Andrew
Tangel and Alison Sider.................................... 42
Article dated May 15, 2019 from CNNPolitics entitled ``FAA
officials in hot seat as world awaits Boeing 737 Max fix''
by Gregory Wallace......................................... 45
Statement of Senator Cruz........................................ 21
Statement of Senator Peters...................................... 23
Statement of Senator Blackburn................................... 25
Statement of Senator Markey...................................... 25
Statement of Senator Lee......................................... 27
Statement of Senator Rosen....................................... 29
Statement of Senator Scott....................................... 31
Statement of Senator Thune....................................... 32
Statement of Senator Duckworth................................... 34
Statement of Senator Sullivan.................................... 36
Statement of Senator Baldwin..................................... 38
Statement of Senator Gardner..................................... 46
Witnesses
Stephen M. Dickson, Nominee to be Administrator, Federal Aviation
Administration................................................. 5
Prepared statement........................................... 7
Biographical information..................................... 9
Appendix
Response to written questions submitted to Stephen M. Dickson by:
Hon. John Thune.............................................. 49
Hon. Jerry Moran............................................. 50
Hon. Dan Sullivan............................................ 50
Hon. Shelly Moore Capito..................................... 51
Hon. Maria Cantwell.......................................... 52
Hon. Amy Klobuchar........................................... 55
Hon. Richard Blumenthal...................................... 55
Hon. Brian Schatz............................................ 59
Hon. Gary Peters............................................. 59
Hon. Tammy Baldwin........................................... 61
Hon. Jon Tester.............................................. 61
Hon. Kyrsten Sinema.......................................... 62
Hon. Jacky Rosen............................................. 63
NOMINATION OF STEPHEN M. DICKSON,
NOMINEE TO BE ADMINISTRATOR,
FEDERAL AVIATION ADMINISTRATION
----------
WEDNESDAY, MAY 15, 2019
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:14 a.m. in
room SD-G50, Dirksen Senate Office Building, Hon. Roger Wicker,
Chairman of the Committee, presiding.
Present: Senators Wicker [presiding], Thune, Blunt,
Johnson, Lee, Cruz, Fischer, Moore Capito, Gardner, Sullivan,
Blackburn, Scott, Cantwell, Blumenthal, Baldwin, Markey,
Peters, Duckworth, Sinema, and Rosen.
OPENING STATEMENT OF HON. ROGER WICKER,
U.S. SENATOR FROM MISSISSIPPI
The Chairman. Mr. Dickson I would ask you at this point to
make your way to the witness table.
The Committee now convenes to consider the nomination of
Stephen M. Dickson for the position of Administrator of the
Federal Aviation Administration. Prior to his retirement last
year, Mr. Dickson served as Senior Vice President of Flight
Operations for Delta Airlines. Mr. Dickson began his career
nearly 30 years ago with Delta and as a pilot following over a
decade of military service as an airport--Air Force fighter
pilot. He is a graduate of the Air Force Academy and of Georgia
State University's law school.
The President has nominated Mr. Dickson to be FAA
Administrator at an especially challenging time for the agency.
The FAA is the world's gold standard for aviation safety.
However, the recent overseas crashes of two Boeing 737 MAX
aircraft have raised serious questions about the FAA's role in
aircraft certification. I hope to hear how Mr. Dickson plans to
restore the flying public's full confidence in the agency if he
is confirmed. I can assure him that this Committee will
continue its oversight and hold the FAA accountable for any
mistakes we uncover, but we also stand ready to work with the
FAA on any necessary reforms.
Although safety is FAA's foremost responsibility, the
agency must also facilitate innovation in our airspace. The
Committee held a hearing last week on the safe integration of
new entrants into the national airspace.
Unmanned aircraft are increasing--increasingly everyday
totals, with over 2 million drones projected to be operating in
the U.S. airspace over the next 5 years. The commercial space
launch sector is set to increase the number of launches and
reentries through the airspace on the way to and from outer
space. Urban air mobility companies are fast developing ``air
taxis,'' which will revolutionize travel. And I want to be
among the first customers.
The bottom line is that the airspace, especially at low
altitudes, is going to get busier, and the FAA must help manage
the safe and efficient integration of all users, new and
existing, into the national airspace.
If confirmed, Mr. Dickson will also need to ensure that
longstanding efforts to modernize the air traffic control
system, especially NextGen, stay on track. The DOT Inspector
General and Government Accountability Office have documented
cost overruns, significant delays, and other problems in many
ATC modernization programs. Mr. Dickson has experience working
with the FAA in these areas, and if he is confirmed, I hope he
will be able to improve the overall management of these
critical efforts.
So I look forward to Mr. Dickson's testimony and the
question-and-answer.
And I now turn to the distinguished Ranking Member for her
opening statement.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. And again thank
you for that very productive markup and for working together
with our staffs to work through many of those issues. And I
want to thank our colleagues, the two distinguished women, for
working on the STEM bill. We definitely need more women in
STEM. And I definitely want to express my appreciation for
moving forward on such an important piece of legislation.
The Chairman. If the distinguished ranking member will
yield, thank you for once again pointing out the cooperation
that we've received on both sides of the aisle from our
professional staff. This may have seemed like a rather quick
15-minute markup. It represents hours and hours of painstaking
and knowledgeable work on behalf of some very talented staff
members. And so I would--once again, as I will try to do
throughout my chairmanship, salute the staff from both parties
for making this smooth and bipartisan. So thank you for
yielding on that.
Senator Cantwell. Thank you, Mr. Chairman.
Mr. Dickson, great to see you again, and thank you for
being here today. I appreciate your willingness to serve our
Nation and for the important opportunity last week to discuss
aviation issues and many of the challenges that would face you
if you are confirmed.
Welcome to your family. If anybody is confused which side
your family is on, they're the ones without the notebooks on
the other side.
[Laughter.]
Senator Cantwell. Mr. Chairman, I am pleased to have such a
qualified nominee before us. Mr. Dickson's long career in
industry has served him well, and he's had a very distinguished
military career, 27 years as a major--years at a major airline
as a pilot and ultimately as Senior Vice President for Flight
Operations, and has served as a very important member of a lot
of our key industry boards, the FAA's Air Traffic Management
Advisory Committee and the NextGen Implementation Task Force
that you just mentioned.
So I hope that if you are confirmed, you will continue to
provide strong leadership in those areas. The NextGen
implementation is critical, and as our skies continue to grow
more crowded and congested, we can't afford to wait for the
benefits that NextGen will bring.
If you are confirmed, you will have plenty of issues that
you'll need to address. The recent tragic accidents of the 737
MAX has rightfully brought a renewed focus to aviation safety
and security. We can never let up on those issues. And while
America's commercial aviation industry remains extraordinarily
safe, we need to keep working to make improvements in all areas
of the industry and in all parts of the world.
I'm glad to see that we have families here from the Colgan
Flight 3407. They have been consistent and resilient in
continuing to help us focus on these issues. So thank you for
reminding us of the cost of not prioritizing these issues.
The advocacy of the 3407 families and first officer
qualification requirements have been one of the important
issues that I know we will continue to look at here in this
Committee and in Congress, as we have for many years. We also
need to continue our focus in increasing opportunities for new
pilots and getting them adequately trained.
Also, as a result of our efforts, Congress has passed a
Pilot Records Data base requirement in 2010, which has not
fully been implemented. I know the FAA is working on that
database trying to solve technical issues, but we need to get
this up and running so when an airline hires a new pilot, it
can have access to all relevant information about the potential
hire so they can make the best choices.
Last year, Congress also passed a major FAA reauthorization
bill. This legislation and implementation is ongoing, and there
are several issues that need attention there. The bill requires
flight attendants to receive at least 10 hours of rest between
duties. And flight attendants play a very critical role in
flight safety, so I am pleased that Congress appropriately
addressed that in the bill last year. I hope the
implementation, though, of this 10-hour rule will move quickly
under your leadership.
The bill also contains several provisions--and I would
again like to thank Senator Thune for his leadership on getting
that legislation done--several provisions on contract towers,
which we discussed in our meeting, why they are vitally
important to small airports across the country and why we need
to continue to work collaboratively with them. This Committee
has worked exceptionally well on putting together and
protecting the contract tower program, and we look forward to
working with you on how we implement improvements from last
year's legislation.
And, finally, when it comes to expanding the use of
unmanned aerial vehicles, we are waiting on remote
identification rule to unlock so many of the potentials that
UAVs have. I can just tell you from my State's perspective,
UAVs are playing a vital role in fighting fires, helping us on
important resource management issues, and helping first
responders at the scenes of accidents. So I hope that we can
continue to work with you to get a remote ID process moving
before the deadlines that we have been--that have been set.
So I expect that we will continue to remain engaged with
you on many of these issues of innovation, and so I look
forward to talking during the Q&A about some of those. But,
again, thank you for your willingness to serve. Again, welcome
to your family and thank them for helping support you in this
big endeavor.
The Chairman. Thank you, Senator Cantwell.
Before turning to Mr. Dickson, at this point, I would like
to insert into the record a statement of support from Senator
Johnny Isakson, which includes his regret that he is unable to
attend the hearing today to introduce Mr. Dickson. Senator
Isakson will be accompanying a delegation of Senators at the
funeral of Senator Lugar today, and so we certainly understand
that Senator Isakson is in support of Mr. Dickson and also very
much wanted to be a part of honoring Senator Lugar.
[The prepared statement of Senator Isakson follows:]
Prepared Statement of Hon. Johnny Isakson, U.S. Senator from Georgia
Nomination Hearing for Administrator of Federal Aviation Administration
It is an honor to introduce Captain Steve Dickson as President
Trump's nominee to be administrator of the Federal Aviation
Administration (FAA), I am proud of Steve not only as a fellow
Georgian, but also for his service to our country. He has the
experience, as well as the leadership and personal attributes that I
believe will be crucial to lead the Federal Aviation Administration
during this very important time.
At the U.S. Air Force Academy, Steve earned the distinction of
being a distinguished graduate of the class of 1979 and later completed
Air Force pilot training, again as a distinguished graduate. Over the
next few years, he instructed students in the high-performance T-38
aircraft at the Euro-NATO training program. Later, he transitioned to
the F-15 Eagle, where he became an instructor, flight examiner and
large force employment mission commander.
After completing his distinguished military service, Steve began a
27-year career at Delta Air Lines, first as a pilot flying the Boeing
727, 737, 757 and 767, and later in his career, he qualified to fly the
Airbus A320 series aircraft.
Beginning in 1999, Steve rose to serve in various leadership
positions in Delta's Flight Operations department, eventually becoming
the Senior Vice President of Flight Operations in 2006, During his 12-
year tenure as Senior Vice President, he was responsible for overseeing
Delta's day-to-day flight operations on six continents, as well as
Delta's pilot training operations, pilot standards, technical and
operational support, pilot staffing and scheduling, operational quality
assurance and regulatory compliance. He also led and provided direction
to Delta's more than 14,000 pilots and an internal support team of 400
employees at Delta's Atlanta headquarters and around the world, Under
his leadership, Delta achieved unprecedented levels of excellence in
flight safety and operational performance that have made it the model
for the airline industry in the United States and internationally.
Steve also served as an industry leader of several U.S. and
international aviation industry stakeholder groups. He is the past
chairman of the International Air Transport Association Operations
Committee, as well as two Federal Advisory Committees: the Air Traffic
Management Advisory Committee and the NextGen Implementation Task
Force, commonly known in industry circles as ``Task Force 5.'' In these
and other industry roles, he has continued to be a strong advocate for
Safety Management Systems and improvements to our National Airspace
System, specifically NextGen.
While his accolades in the aviation industry are vast, Steve's
proudest accomplishment today is his family. His wife, Janice, has been
by his side as his partner through his many career transitions and
leadership positions, and they could not be more proud of their
children, several of whom are with us today.
Mr. Chairman and members of the committee, I hope you will agree
with me that Steve Dickson is the right choice to lead the FAA. Not
only is he accomplished and experienced, he has a passion for aviation
and for safety and is dedicated to continuous improvement and
innovation. I strongly urge you to confirm Captain Steve Dickson as the
next FAA administrator.
The Chairman. So with that said, Mr. Dickson, we turn to
you for your opening statement. And feel free to introduce your
family. Thank you, sir.
STATEMENT OF STEPHEN M. DICKSON, NOMINEE TO BE ADMINISTRATOR,
FEDERAL AVIATION ADMINISTRATION
Mr. Dickson. Thank you, Chairman Wicker and Ranking Member
Cantwell and members of the Committee. It's an honor to appear
before you today as the President's nominee for Administrator
for the Federal Aviation Administration. And if confirmed, I
look forward to working with you and the Congress to enable and
strengthen our world-class aviation system.
As Senator Wicker mentioned, I appreciate the kind and
generous introduction submitted by Senator Isakson. I am
humbled by this nomination and the opportunity to serve our
Nation.
I would like to thank President Trump and Secretary Chao
for their confidence in me to lead the FAA during this very
important time.
I would also like to thank my good friend Acting FAA
Administrator Dan Elwell for his strong, principled leadership
of the agency.
But before I begin my formal remarks, I would like to
introduce my family, including a few who could not be here
today. My father is ailing a bit and was unable to make the
trip, and my mother, they both live in Melbourne, Florida, Bill
and Joy Dickson. I extend to them my love and gratitude for all
of their support and encouragement over the years. And also my
father-in-law, Hank Borter [ph], who lives in Jekyll Island,
Georgia.
And, Hank, we need to get the Braves above 500. I'm sitting
here in Nats territory, and we need to--we need to keep the
pressure on.
I'd also like to introduce my family, that I'm extremely
proud of, who has joined me today, sitting right behind me,
starting, resplendent in red, my wife, Janice, the Dickson
family CEO, and the love of my life.
We're also blessed with our children, most of whom are here
today, not all, but our sons Andrew and Nicholas; and Ben and
his wife, Emily; and our amazing daughters, Elizabeth; her
friend, Austin; and Bri and her husband, Jordan.
And then, of course, we also have with us today my niece,
Sara Nural [ph] and her husband, Angit [ph].
And then, of course, the star of the show down there on the
end, is the esteemed Henry Treadwell Strain, who celebrated his
first birthday on April 27. And I think he holds The Guinness
Book of World Records mark for most photographs in the first
year of life. So he's a--he's a buddy and a great guy.
So thank you all for being here and for all of your love
and support and encouragement.
As you've heard, I grew up in a family with a strong
military tradition, a family that places a very high value on
service to our country. My own career in aviation spans nearly
40 years. After graduating from the United States Air Force
Academy and completing Air Force pilot training, I went on to
instruct on the T-38, then flew as a tactical fighter pilot on
the F-15 Eagle for several years.
After completing my military service, I flew for Delta
Airlines, qualifying on the Boeing 727, 737, 757, 767, and then
also the Airbus A320 series aircraft. Last October, I retired
after serving the last 12 years as Senior Vice President of
Flight Operations, where I was responsible for the safety and
operational performance of the company's global flight
operations.
I've also had the privilege over the years of collaborating
with U.S. and international aviation industry leaders to
advocate for commercial aviation safety and improvements to our
National Airspace System.
The U.S. aviation system is the most dynamic, diverse, and
complex in the world, and is a key contributor to our economy.
And as the safety regulator and operator of the National
Airspace System, the FAA provides the programs and
infrastructure that help to deliver unprecedented safety and
mobility to the traveling public. If confirmed, I will work to
ensure that the FAA remains focused on the Secretary's
priorities of safety, infrastructure investment and innovation,
and fulfills its mission with accountability to the American
public.
Of all the FAA's priorities, none is more important than
safety. And if confirmed as FAA Administrator, safety will be
my number one priority as well. Despite the enviable track
record of aviation safety in the U.S. over the past decade and
more, we must never rest. Humility is always in order.
As the gold standard among aviation safety regulators in
the world, the FAA's responsibilities go well beyond our
borders. I look forward to the opportunity to bring to the
agency the knowledge and experience I gained in aviation
operations and leading international stakeholder groups as it
focuses on continuously improving safety performance, not only
for those who use our airspace, but for those who use U.S.
aviation industry products and services around the world.
Safety regulatory decisions should be rooted in analysis
derived from sound science and data, with risk-based analysis
that identifies precursors and prevents accidents before they
happen, and considers both the costs and the benefits of new
rulemakings.
Beyond safety, if confirmed, I will also focus on
stakeholder engagement, change management, global leadership,
and people. I've found over the years the only way to get
things done is to foster an inclusive, collaborative
environment that welcomes diverse points of view, includes all
perspectives, and provides transparency.
We need to thoughtfully manage the changes that we're
experiencing in the aviation system today in terms of
technology and also our work force. If confirmed, it will also
be among my highest priorities to ensure that the FAA remains--
maintains its preeminence as the global aviation industry
leader in safety, continuous improvement, and innovation.
And, finally, none of what I've discussed up to this point
is possible without leading and supporting our people. I have
worked with the professionals from the FAA for many years. We
have the most professional, dedicated workforce in the world,
whether you're talking about air traffic controllers,
inspectors, engineers, or technicians. This team has a rare
opportunity to shape the transformation of our aviation system.
The chance to lead the FAA at this historic time is a great
honor and one that I contemplate with humility and gratitude.
And if confirmed, I will ensure that our people are supported
and valued and that they know I have their back when it comes
to safety and new ideas.
If confirmed, I intend to perform my role with
accountability to the FAA stakeholders, including the American
public. Safety will always be my first priority. I will also be
driven by the values of honesty, integrity, and mutual respect.
Thank you for your consideration. I'm excited about the
opportunity to serve our great nation, and I appreciate your
time today very much. I'd be happy to answer any questions.
[The prepared statement and biographical information of Mr.
Dickson follow:]
Prepared Statement of Stephen M. Dickson, Nominee to be Administrator,
Federal Aviation Administration
Thank you, Chairman Wicker, Ranking Member Cantwell and members of
the Committee. It is an honor to appear before you today as the
President's nominee for Administrator of the Federal Aviation
Administration. If confirmed, I look forward to working with you and
the Congress to enable and empower the strengthening of our world-class
aviation system.
I appreciate the kind and generous introduction submitted by
Senator Isakson. I am humbled by this nomination and the opportunity to
serve our Nation. I'd like to thank President Trump and Secretary Chao
for their confidence in me to lead the FAA during this very important
time. I would also like to thank my good friend, Acting FAA
Administrator Dan Elwell, for his strong, principled leadership of the
agency.
Before I begin my formal remarks, I would like to introduce this
very attractive-looking group of people sitting right behind me: my
family--starting with the Dickson family CEO and the love of my life,
my wife Janice. We are also blessed with our six children, several of
whom are with us here today: our sons Andrew, Nicholas, Ben and his
wife Emily; and our daughters Elizabeth and Bri, as well as Bri's
husband Jordan. And then of course is the star of the show, our
grandson the esteemed Henry Treadwell Strain, who celebrated his first
birthday on April 27th. Thank you all for being here and for your love
and support.
I grew up in a family with a strong military tradition, a family
that places a very high value on service to our country. My grandfather
served in Europe in World War II. My dad is a West Point graduate and
is one of four brothers who served as military officers. As we moved
around during my childhood to various duty stations Mom was always
there to provide a caring, supportive home environment for my brother
and me.
My own career in aviation spans nearly 40 years. After graduating
from the United States Air Force Academy in 1979, I completed Air Force
pilot training and went on to instruct in the T-38 at the Euro-NATO
pilot training program at Sheppard Air Force Base, Texas. Then I
transitioned to the finest air superiority fighter in the world, the F-
15 Eagle, for two assignments, qualifying as an instructor, flight
examiner and large force employment mission commander. After completing
my military service, I was fortunate to be hired as a pilot by Delta
Air Lines, where I flew as a line pilot for the first nine years of my
career, eventually qualifying on the B727, B737, B757, B767 and A320
series aircraft. Last October I retired after serving the last 12 years
as Senior Vice President-Flight Operations, responsible for the safety
and operational performance of the company's global flight operations
of more than a million flights a year on six continents, as well as
pilot training, crew resources, crew scheduling and regulatory
compliance.
In addition to leading large, complex organizations, I have also
had the privilege over the years of collaborating with U.S. and
international aviation industry leaders to advocate for commercial
aviation safety and improvements to our National Airspace System. For
example, I have served as chairman of several industry stakeholder
groups and Federal advisory committees. In each of these positions, my
goal has been to help advance aviation safety and encourage aerospace
industry innovation and performance improvement as an inclusive,
collaborative leader who values the contributions of all stakeholders
who share these goals.
The U.S. aviation system is the most dynamic, diverse and complex
in the world and is a key contributor to our economy. For its part, as
the safety regulator and operator of the National Airspace System, the
FAA provides the programs and infrastructure that help to deliver
unprecedented safety, mobility and security to the traveling public. If
confirmed, I will work to ensure that FAA remains focused on the
Secretary's priorities of safety, infrastructure investment, and
innovation, and fulfills its mission with accountability to the
American public.
Of all the FAA's priorities, none is higher than safety. If
confirmed as FAA Administrator, safety will be my number one priority
as well. Despite the enviable track record of aviation safety in the
U.S. over the past decade and more, we must never rest. In aviation,
you are only as good as your last takeoff and your last landing.
Humility is always in order. As the gold standard among aviation safety
regulators in the world, the FAA's responsibilities go well beyond our
borders. I look forward to the opportunity to bring to the agency the
knowledge and experience I gained in aviation operations and leading
international stakeholder groups, as it focuses on continuously
improving safety performance, not only for those who use our airspace,
but those who use U.S. aviation industry products and services around
the world. Safety regulatory decisions should be rooted in analysis
derived from sound science and data, with risk-based analysis that
identifies precursors and prevents accidents before they happen, and
considers both the costs and the benefits of new rulemakings. This
Safety Management System approach should be applied to operators,
manufacturers, airports and even the FAA itself.
Another area of focus is stakeholder engagement. I have found that
the only way to get things done is to foster an inclusive,
collaborative environment that welcomes diverse points of view and
provides transparency. If confirmed I look forward to working with this
Committee and the Congress to ensure you are aware and informed of our
progress toward achieving our goals of ensuring safety and fostering
innovation and process improvement. Of course, we will also ensure we
include all perspectives in our decision-making, including aviation
operators, manufacturers, labor, airports, communities and
international safety and regulatory organizations.
We also need to recognize that we are in a time of tremendous
change but also opportunity. It is important to thoughtfully manage the
changes we are experiencing in the aviation system today and in the
coming years, so safety is not compromised but innovation and
development of new technologies are supported. New technologies,
including flight deck automation and air traffic management systems,
can provide significant benefit but they also introduce changes to a
stable, mature safety system that need to be managed carefully and
thoughtfully. Unmanned systems technologies are developing rapidly but
the process of scaling the technologies for broad use is in its
infancy. Additionally, we are seeing a new generation of aviation
industry professionals come into our ranks: pilots, engineers,
technicians, developers among others. We need to ensure they have the
training and experience required that will continue to raise the safety
bar.
There is no doubt that the FAA is the global leader as a safety
regulator and as an air navigation service provider. This is not in
question. Our system is--by far--the most complex and diverse in the
world. The rest of the world looks to the U.S. for leadership and will
continue to do so. If confirmed, it will be among my highest priorities
to ensure that the FAA maintains its prominence as the global aviation
industry leader in safety, continuous improvement and innovation.
Finally, I need to emphasize the importance of focusing on people
as we execute our mission. None of what I have discussed up to this
point is possible without supporting our people. I have worked with the
professionals from the agency for many years, and there is no doubt in
my mind we have the most professional, dedicated workforce in the
world, whether you are talking about air traffic controllers,
inspectors, engineers or technicians. This team has a rare opportunity
to shape the transformation of our aviation system. The chance to lead
the FAA at this historic time is a great honor, and one that I
contemplate with humility and gratitude. If confirmed, I will ensure
our people are supported and valued, and that they know I have their
back when it comes to safety and new ideas.
If confirmed, I intend to perform my role with accountability to
the FAA's stakeholders, including the American public. As stated above
safety will always be my first priority. I will also be driven by the
values of honesty, integrity and mutual respect.
Thank you for your consideration. I am excited about the
opportunity to serve our great nation and appreciate your time today. I
would be happy to answer any questions.
______
a. biographical information
1. Name (Include any former names or nicknames used):
Stephen Marshall Dickson (nickname: Steve).
2. Position to which nominated: FAA Administrator.
3. Date of Nomination: April 11, 2019.
4. Address (List current place of residence and office addresses):
Residence: Information not released to the public.
5. Date and Place of Birth: September 3, 1957; Lake Charles,
Louisiana.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
a. My wife, Janice Elaine Dickson, is not currently employed
outside the home.
b. Stepson: Daniel Louis Londrillo, 35 years old.
c. Stepson: Andrew Louis Londrillo, 34 years old.
d. Stepson: Benjamin Louis Londrillo, 31 years old.
e. Daughter: Elizabeth Ann Dickson, 29 years old.
f. Stepdaughter: Brianna Michele Strain (maiden name
Londrillo), 29 years old.
g. Stepson: Nicholas Louis Londrillo, 26 years old.
7. List all college and graduate degrees. Provide year and school
attended.
a. Bachelor of Science, United States Air Force Academy, 1979
b. Juris Doctor, Georgia State University College of Law, 1999
8. List all post-undergraduate employment, and highlight all
management level jobs held and any non-managerial jobs that relate to
the position for which you are nominated.
a. United States Air Force officer, instructor pilot and
tactical fighter pilot, 1979-1991. Positions of increasing
responsibility throughout my military career, including flight
commander, instructor pilot and large-force employment mission
commander.
b Pilot, Delta Air Lines, 1991-2018. Qualified and flew line
operations in passenger service on B-727, B-737, B-757, B-767
and A320 series aircraft.
c. Senior Vice President--Flight Operations, Delta Air Lines,
2006-2018. I began working in management in 1999 while
continuing to maintain qualifications and fly in line
operations. During the period from 1999-2006 I progressed
through several positions of increasing responsibility,
including: executive assistant to Director--Flight Operations,
Manager--Pilot Crew Scheduling, Manager--Strategy and
Communications, Chief Pilot--Atlanta, General Manager--Flight
Operations and Director--Flight Operations. I assumed the
leadership of the Flight Operations division as SVP--Flight
Operations and became a senior officer of the company in
September 2006 and remained in that role until my retirement on
October 1, 2018.
9. Attach a copy of your resume. Resume attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last ten years.
a. Chairman, Air Traffic Management Advisory Committee
(ATMAC), 2007-2010.
b. Chairman, RTCA Next Generation Mid-Term Implementation Task
Force, 2009.
c. Chairman, NextGen Advisory Committee Working Subcommittee
(NACSC), 2010-2013.
d. Member, NextGen Advisory Committee (NAC), 2015-2018.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last ten years.
Senior Vice President--Flight Operations, Delta Air Lines.
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religiously affiliated organization, private club, or other membership
organization. (For this question, you do not have to list your
religious affiliation or membership in a religious house of worship or
institution.). Include dates of membership and any positions you have
held with any organization. Please note whether any such club or
organization restricts membership on the basis of sex, race, color,
religion, national origin, age, or disability.
a. Vice Chairman, United States Air Force Academy Endowment,
2016-2018.
b. Member, Atlanta Botanical Garden.
c. Member, Oakland Cemetery Foundation.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt. No.
14 . List all memberships and offices held with and services
rendered to, whether compensated or not, any political party or
election committee within the past ten years. If you have held a paid
position or served in a formal or official advisory position (whether
compensated or not) in a political campaign within the past ten years,
identify the particulars of the campaign, including the candidate, year
of the campaign, and your title and responsibilities. None.
15. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years.
a. September 2018: Ted Cruz (TX)--$1000
b. July 2018: Paul Mitchell (Ml)--$1000
c. March 2018: John Barrasso (WY)--$2000
d. December 2017: Deb Fischer (NE)--$1000
e. October 2017: Bill Nelson (FL)--$1000
f. August 2014: David Perdue (GA)--$500
g. September 2013: Mitch McConnell (KY)--$1000
h. October 2012: Mitt Romney--$2500
i. June 2008: Saxby Chambliss (GA)--$250
j. 2011-2018: Delta PAC--$27,917
i. 2018: $3,750
ii. 2017: $5,000
iii. 2016: $4,167
iv. 2015: $3,000
v. 2014: $3,000
vi. 2013: $3,000
vii. 2012: $3,000
viii. 2011: $3,000
16. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
a. Cadet Wing Commander, USAF Academy, Fall 1978
b. Superintendent's List, USAF Academy, all semesters 1975-
1979
c. Distinguished Graduate, USAF Academy, Class of 1979
d. Outstanding Cadet in the French Language, USAFA 1979
e. Distinguished Graduate, USAF Pilot Training, Reese AFB,
Texas, 1980
f. Top Gun, USAF F-15 Combat Pilot Training, Luke AFB,
Arizona, 1984
g. Outstanding Pilot, United States Air Forces-Europe, 1989
h. Outstanding Flight Commander, 36 TFW, Bitburg AB, Federal
Republic of Germany, 1989
i. Military decorations include: Meritorious Service Medal,
Joint Service Commendation Medal, Air Force Commendation Medal
(2 awards)
j. Associate Lead Articles Editor, Law Review, Georgia State
University College of Law, 1998
k. Juris Doctor, magna cum laude, Georgia State University
College of Law, 1999
l. RTCA Achievement Award, 2010 and 2015
m. Chairman of several Federal Advisory Committees, including
the Air Traffic Management Advisory Committee (ATMAC), 2009
NextGen Implementation Task Force, and the NextGen Advisory
Committee working subcommittee
n. Chairman, International Air Transport Association (IATA)
Operations Committee, 2015-2017
17. Please list each book, article, column, Internet blog posting,
or other publication you have authored, individually or with others.
Include a link to each publication when possible. Also list any
speeches that you have given on topics relevant to the position for
which you have been nominated. Do not attach copies of these
publications unless otherwise instructed.
a. September 9, 2009. Chairman's Message, RTCA NextGen Mid-
term Implementation Task Force Report: ``The 'NowGen Next' Path
to NextGen''
b. September 28, 2015. Delta External NewsHub Op-Ed:
``Privatizing the Air Traffic Organization Threatens Customer
Service''
c. November 14, 2015. Crain's New York Business Op-Ed:
``Ground the Plan to Privatize the Nation's Air Traffic
Control''
d. November 23, 2015. Cranky Flier Interview: ``Across the
Aisle from Delta's SVP of Operations on Why Privatizing Air
Traffic Control Would be Bad''
e. February 1, 2016. USA Today Op-Ed: ``Privatizing ATC Will
Increase Traveler Costs''
f. August 14, 2018. National Training Aircraft Symposium
(ERAU) Keynote: ``Looking to the Future''
g. Numerous presentations as a panelist on aviation safety,
training and air traffic control modernization at RTCA
Symposium, IATA Safety and Operations Conference, ATCA and
other aviation industry events
18. List digital platforms (including social media and other
digital content sites) on which you currently or have formerly operated
an account, regardless of whether or not the account was held in your
name or an alias. Include the name of an ``alias'' or ``handle'' you
have used on each of the named platfo1ms. Indicate whether the account
is active, deleted, or dormant. Include a link to each account if
possible.
a. LinkedIn account: https://www.linkedin.com/in/steve-dickson-
348b0311/-Active Account
19. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
a. On August 6, 2009 I testified before the Senate Committee
on Commerce, Science and Transportation in a hearing to examine
aviation safety, focusing on the relationship between large
network airlines and regional airlines.
b. On February 27, 2014 I testified before the House
Subcommittee on Aviation, as part of a roundtable discussion on
the FAA's efforts to address the NextGen Advisory Committee's
recommendations for implementing NextGen.
20. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
a. Safety focus. I presided over the safest period in Delta
Air Lines' history, with improving safety metrics throughout my
tenure. System safety is the single most important part of the
FAA's mission across al/lines of business, whether it is daily
air traffic operations, aircraft certification, regulatory
oversight or the integration of new entrants.
b. Experienced, values-driven leader with deep operational
experience. I led the global flight operations of the most
successful airline in the world for more than 12 years. I know
how to set the vision for and motivate a large organization. I
will lead by example and with a foundation of strong core
values.
c. Continuous improvement and operational execution. I would
put the same focus on operational performance improvement and
execution that I ingrained in the culture of my operational
team at the airline.
d. Broad industry experience. I have led industry efforts to
advocate for aviation safety and innovation around the world.
In doing so I developed strong relationships with aviation
industry stakeholders in the U.S. and internationally,
including manufacturers, safety organizations, RTCA, IATA and
ICAO.
e. Collaborative leadership approach. I have a strong
reputation as a collaborative, transparent and non-parochial
leader. For example, as Chairman of the IATA Operations
Committee, I always acted from the perspective of what was best
for the airline industry as a whole, not necessarily my own
company. I took the same approach within the U.S. as the RTCA
Task Force 5 Chairman, acting in the best interest of the
industry and the public, not just from the frame of reference
of the airline industry.
f. Change leadership in large organizations. I presided over
the operational and cultural integration of the most successful
merger in the history of the airline industry. In the coming
years, the FAA and its people and processes will be faced with
an accelerating pace of change in technology, process and
people. The ability to lead change while not compromising
safety will be foundational to success.
g. I believe I have the experience and personal qualities to
lead the FAA through an exciting time of tremendous change and
opportunity. In doing so we would collaborate with industry
stakeholders to serve the best interests of our country, the
traveling public and all stakeholders.
21. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
As FAA Administrator I would be completely responsible for ensuring
appropriate management and accounting controls. I have managed the
flight operations of one of the largest and most complex air carriers
in the world, during a period of tremendous change, including a highly
successful merger and the integration of two operating cultures.
22. What do you believe to be the top three challenges facing the
department/agency, and why?
a. Safety. Ensuring continued safe operations and improving
the margin of safety in the National Airspace System, in an
environment of accelerating changes in technology and in the
workforce.
b. NextGen Implementation. Modernizing and improving the
operational performance of the ATC system.
c. Innovation. Integrating new entrants such as unmanned
systems and commercial space operations, doing so in a way that
does not compromise system safety.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
My arrangements are fully described in part 3 of my Public
Financial Disclosure report.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? If so,
please explain. No.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Explain how you will
resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I entered into
with that Designated Agency Ethics Official and that was provided to
this Committee. I am not aware of any other potential conflicts of
interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten 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. Explain how you will resolve
each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I entered into
with that Designated Agency Ethics Official and that was provided to
this Committee. I am not aware of any other potential conflicts of
interest.
5. Identify any other potential conflicts of interest, and explain
how you will resolve each potential conflict of interest.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Transportation's
Designated Agency Ethics Official to identify potential conflicts of
interest. Any potential co11flicts of interest will be resolved in
accordance with the terms of an ethics agreement that I entered into
with that Designated Agency Ethics Official and that was provided to
this Committee. I am not aware of any other potential conflicts of
interest.
6. Describe any activity during the past ten years, including the
names of clients represented, in which you have been 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.
As noted above, during the process leading up to FAA
reauthorization, I have supported Delta's position opposed to the spin
off of the Air Traffic Organization. In late 2016 the company took a
more neutral approach that supported ATC spin-off, which highlighting
certain considerations. Additionally, the major U.S. network carriers
advocated for fair Open Skies and against allowing some of the Middle
East carriers to unfairly benefit from government subsidies a11d
support to gain access to U.S. markets under conditions that would
undermine U.S. industry and workers.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics,
professional misconduct, or retaliation by, or been the subject of a
complaint to, any court, administrative agency, the Office of Special
Counsel, professional association, disciplinary committee, or other
professional group? If yes:
a. Provide the name of agency, association, committee, or group;
b. Provide the date the citation, disciplinary action, complaint, or
personnel action was issued or initiated;
c. Describe the citation, disciplinary action, complaint, or
personnel action;
d. Provide the results of the citation, disciplinary action,
complaint, or personnel action.
No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business or nonprofit of which you are or were
an officer ever been involved as a party in an administrative agency
proceeding, criminal proceeding, or civil litigation? If so, please
explain.
Yes.
a. Yes, I have been a party to one civil litigation matter. I
am a named defendant in Meryl Dickstein v. Fairbank
Construction, Inc., Stephen Dickson and Janice Dickson, Case
No. CAK16269, currently pending in Monroe County Circuit Court,
Florida. This is a disputed residential premises liability
(``slip and fall'') claim for which I am insured.
b. In addition, I was employed at Delta Air Lines, Inc., from
February 1991 until October 2018, where I served as a corporate
officer from September 2006 until October 2018. During my Delta
employme11t,from time to time and in the ordinary course of
business, Delta was involved in various judicial,
administrative or regulatory proceedings relating to its
business, although I was not a named party in any such actions.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. None.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees, and that
your department/agency endeavors to timely comply with requests for
information from individual Members of Congress, including requests
from members in the minority? 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, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. 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.
______
Resume of Stephen M. Dickson
Nominee for FAA Administrator
Work History
USAF
Undergraduate Pilot Training, Reese AFB, Texas, 1979-80
T-38 Instructor Pilot, Euro--NATO Joint Jet Pilot Training,
Sheppard AFB, Texas, 1980-83
F-15 Flight Commander and Instructor Pilot, 7th Tactical
Fighter Squadron, Holloman AFB, New Mexico, 1984-86
Politico-Military Planner, European Division, J5, Organization
of the Joint Chiefs of Staff, the Pentagon, 1986-87 (ASTRA--Air
Staff Training Program)
F-15 Flight Commander, Instructor Pilot and Flight Examiner,
22d Tactical Fighter Squadron, Bitburg AB, Federal Republic of
Germany, 1988-90
Delta Air Lines
B-727 Flight Engineer and Check Second Officer, 1991-96
B-727 First Officer, 1996-99
Executive Assistant to Director--Flight Operations, 1999-2000
Manager--Pilot Crew Scheduling, 2000-01
B-767 First Officer, 2002
Manager--Flight Operations Strategic Planning and
Communications, 2002-04
B-737 Captain, 2004
Chief Pilot--ATL, 2004-05
General Manager--Flight Operations, 2005
B757/767 Captain, 2005
Director--Flight Operations, 2005-06
Senior Vice President--Flight Operations, 2006-2018
Formal Education
B.S., Engineering Sciences, USAF Academy, Colorado, 1979
(Distinguished Graduate, 17/900)
J.D., Georgia State University College of Law, 1999 (magna cum
laude)
Special Honors and Awards
Cadet Wing Commander, USAF Academy, Fall 1978
Superintendent's List, all semesters
Distinguished Graduate, USAF Academy, 1979
Distinguished Graduate, USAF Pilot Training, Reese AFB, Texas,
1980
Top Gun, USAF F-15 Combat Pilot Training, Luke AFB, Arizona,
1984
Outstanding Pilot, United States Air Forces--Europe, 1989
Outstanding Flight Commander, 36 TFW, Bitburg AB, Germany, 1989
Associate Lead Articles Editor, Law Review, GSU College of Law,
1998
Juris Doctor, magna cum laude, Georgia State University College
of Law, 1999
RTCA Achievement Award, 2010 and 2015
Chairman of several Federal Advisory Committees, including the
Air Traffic Management Advisory Committee, 2009 NextGen
Implementation Task Force, and the NextGen Advisory Committee
Chairman, International Air Transport Association (IATA)
Operations Committee
Personal Data
Date of Birth: September 3, 1957
Family: Married (Janice), children (Dan, Andrew, Ben,
Elizabeth, Brianna, and Nick)
The Chairman. Thank you, Mr. Dickson. We very much
appreciate your statement. I need to ask you, as we do all
nominees, if confirmed, will you pledge to work collaboratively
with this Committee and provide thorough and timely responses
to our requests for information as we work together to address
aviation policy?
Mr. Dickson. Yes, sir, Chairman Wicker. I so commit that
I'll be happy to work with the Committee and look forward to
it.
The Chairman. Thank you. Thank you. I appreciate that.
Now, you mentioned in your written and oral statements that
you still consider the FAA as the global gold standard. If
confirmed, what will you do to restore the confidence in the
United States and around the globe that indeed that is still a
fact and will continue to be a fact?
Mr. Dickson. Thank you, Chairman Wicker. The--I think a big
part of that process is actually occurring here today by
getting a permanent confirmed leader at the head of the agency,
one who has vast experience and brings a fresh perspective to
the agency. There are 85,000 employees involved in daily
operations and aviation safety and in all aspects. They're a
lot of good people, and they need leadership and they need to
be supported. So I look forward to doing that.
We'll also take certainly the groups that are looking into
the particular issues around the 737 MAX and the certification
process to make sure that those recommendations are taken
seriously, and if there are any failures or processes that need
to be adjusted, that I will certainly follow up on that if
confirmed.
The Chairman. Thank you. And then let me ask you also about
commercial space. The Office of Commercial Space
Transportation, which is often referred to as AST, was
established in 1984 as part of the Office of the Secretary of
Transportation. In November of 1995, AST was transferred from
the Secretary's Office to the FAA. AST's primary function is to
regulate commercial space launch and reentries and spaceports.
Given the national importance of maintaining U.S.
leadership in space, if confirmed, will you support the
expansion and growth of the commercial space sector as you work
to integrate commercial space into the National Airspace
System? And give us your thoughts on that if you don't mind.
Mr. Dickson. Yes, sir. I look forward to working with the
Committee and within the agency and the Department on
continuing to grow our commercial space capability. As I think
you all know, the number of commercial space launches projected
for this year is rising by about 25 percent, and the trend line
continues up year by year. And so we certainly want to foster
those opportunities and continue to innovate while at the same
time, protecting the safety of the existing aviation system
that will also be occupying some of the same airspace certainly
during launch and reentry operations. So I look forward to
making a contribution and providing leadership to move all that
forward.
The Chairman. Thank you very much.
Senator Cantwell.
Senator Cantwell. Thank you, Mr. Chairman.
And, Mr. Dickson, again thank you for your willingness to
serve. There are so many questions, I'm just going to try to
run through just some broad issues first and then get to a more
substantive question.
On the flight and duty rules for airline pilots, obviously,
you've been a pilot yourself, do you--you know that we have a
cargo carve-out. What do you think about that issue and trying
to rectify our skies and having everybody on the same standard?
Mr. Dickson. Thank you for the question, Ranking Member
Cantwell. And the--it's important that we have one level of
safety in the aviation system. However, many of our rules are--
have prescriptive elements and also performance-based elements.
And all carriers, whether they are cargo or passenger carriers,
within the 121 world in any case, and I realize there are some
reauthorization issues with expanding that to 135 and other
disciplines. But everyone is required to have a fatigue risk
management program that is--that is approved by the FAA, and
that includes cargo carriers. So they have--they may have a
different way of getting to the same level of safety, but I
believe that it does get to the same safety bar.
I understand this is an item of interest to many
stakeholders, and I think continued dialogue on the subject is
certainly very appropriate, and I look forward to working with
you on it.
Senator Cantwell. Thank you. And I look forward to working
with you as well on that.
On the flight attendants rest rule, you will help move that
along quickly?
Mr. Dickson. Yes, Senator. I realize that was a significant
part of the 2018 reauthorization, and I don't have visibility
into the specifics of how all the items are being implemented,
but I look forward to working with you to move that forward.
Senator Cantwell. OK. Obviously, the 737 MAX highlights the
very diligent effort that we need to continue to do on safety
writ large, and obviously we have some preliminary findings
suggesting the MAX system and its impact on those accidents in
Indonesia and Ethiopia. Technology and automation are going to
continue to be parts of aviation, and we don't want to see an
overreliance on technology, we want those skill sets to
continue to be there, and as a pilot, again this is something I
think--I didn't realize you were certified on all of those
different types of carrier--types of airplanes. But how do you
view this, the potential for overreliance on automation as a
possible detriment to basic flying skills? And how do we best
manage, you know, the human element in testing on these
technology issues?
Mr. Dickson. As you know, we discussed this at some length
in our--in our office visit, and I believe it's one of the most
important issues that is facing us today. It actually has
existed for a number of years. The interface between the pilot
and the machine is extremely important. And as automation
continues to advance in capability, it provides many benefits.
It provides many safety benefits in terms of workload
management and being able to get the job done on the flight
deck.
However, it can create risks that we need to mitigate. And
over the years, it's important to make sure that pilots are
maintaining their manual flying skills. I know that a number of
carriers in recent years have initiated programs to track
manual flying skills as well as develop exercises that allow,
in recurrent training, for pilots to be able to move between
various levels of automation, and I think the FAA certainly
needs to continue those efforts and support them and work with
the carriers to make sure that we're moving forward.
Senator Cantwell. Do you think we have the adequate tools
in place today?
Mr. Dickson. I do. I think it continues to be an area that
needs to be developed. And the focus on flight plan management
rather than automation itself is actually a more holistic way
to address the issue because it encompasses not only the manual
flying skills, but also the various levels of automation that
the pilot may encounter during a particular flight. And so it's
really a more--a more strategic way to address the issue.
The other thing that's nice about the newer airplanes,
we've got hundreds of new narrow-body aircraft that have been
delivered in the United States over the last 7 or 8 years, and
it's much easier for carriers to measure performance on those
airplanes to see which fleets and which--you know, on which
city pairs we're seeing maybe not as much practice of manual
flying as we might like to see.
Senator Cantwell. Thank you.
I know my time has expired, Mr. Chairman. I just wanted to
say, you know, our sympathies are still with the families that
have been impacted by this tragedy.
And I'm glad to hear you say ``holistic,'' because holistic
I think--this isn't the--aviation isn't the only issue this
Committee is dealing with this on. Our two colleagues Senator
Thune and Peters have been working on advanced vehicle
legislation. And so I'm sure their goal in mind is to make the
driving public safer than we currently are today with our roads
and highways, and yet this Committee has to play this very key
role of understanding how we move forward with the technology
that will help us and yet make sure that the oversight on the
human aspects of these are well considered. So we'll be
focusing on every agency involved in moving us forward and
thinking about this human interface.
And, again, back to the Columbia explosion, it took us a
long time to figure that out because we had--you know, we
hadn't really looked at things on a holistic way on the
Columbia. We basically hadn't looked at the entire system.
Nobody figured out that O-rings were going to cause a problem
at a certain degree. So I'm glad to hear you say that a
holistic approach would be helpful.
Thank you.
The Chairman. Thank you, Senator Cantwell.
Senator Blunt.
STATEMENT OF HON. ROY BLUNT,
U.S. SENATOR FROM MISSOURI
Senator Blunt. Thank you, Chairman.
Mr. Dickson, glad to see you here. Glad you're willing to
serve. In the last Congress, I had the privilege to chair the
Aviation Subcommittee, and Senator Cantwell and I worked
closely together to represent the Senate view of that. In the
package we negotiated, there were a number of bipartisan
provisions in that. I'm going to ask you about two of them
specifically. One is contract tower and one is Essential Air
Service programs.
You know, the Inspector General has validated the contract
tower program as cost effective, and what it does, it serves
over 250 smaller airports. I would also like to note that
almost half of all the military operations out of civilian
airports go in and out of contract tower airports, giving the
importance of those towers. And what we had to say about them
in the FAA bill, are you committed to working with the Congress
to ensure the continued success of that program?
Mr. Dickson. Senator Blunt, yes, I very much support the
contract tower program and look forward to working with the
Committee to--to move it forward.
Senator Blunt. And on Essential Air Service, it's
authorized through 2023. The FAA obviously has a role to play
in analyzing the program cost and ensuring compliance by
participating air carriers. Can you give us your commitment to
implement and sustain the Essential Air Service program, as
mandated in the recent FAA act?
Mr. Dickson. Yes, Senator. I understand the importance of
the EAS program, particularly to rural communities, and I fully
support it and look forward to working with you on that.
Senator Blunt. Let me cover one other topic. On the front
page of one of the papers I looked at this morning, it said FAA
basically outsourced certification of equipment to Boeing. I'd
like you to talk about your view of how FAA works with
manufacturers, and if you have this information, how does that
compare with what happens in the EU, for example?
Mr. Dickson. Senator, thank you for the question. I saw the
story that you're referring to. And my experience is within
flight operations, I haven't been directly involved in the
aircraft certification process, so it's difficult for me to say
from the outside looking in exactly, you know, what happened in
this particular instance. I can tell you in the flight
operations world, you don't have an ODA process, but there is
the delegation of certain types of flight standards functions
in terms of certifying pilots by the air carrier, and that has
been very powerful over the years. It's made the FAA a much
better regulator, and it's made the carriers I think safer and
improved the quality of pilots that are being qualified.
And it also has facilitated the sharing of data that is
becoming more and more and more important, not only to the
private sector, but also to the FAA as a regulator, safety data
I'm primarily referring to in this case. And so to the extent
that that happens in the certification process, I think that
that's very beneficial.
How it was applied in the case of the certification of this
particular aircraft is certainly something that I look forward
to digging into if I am confirmed. And I believe that the
various review groups that are looking into this, I think I
would call particular attention at this point to the Special
Committee on Aircraft Certification. I believe it will provide
some very strong recommendations on how to improve that process
going forward.
Senator Blunt. Two other quick follow-ups on that. One is,
is it realistic to assume that the FAA could pay the personnel
to check everything in the checklist on--as opposed to
designated trained personnel that are certified by the FAA?
Mr. Dickson. Again, that's something that I would need to
look into. I think that, you know, in my own experience, it
would be--it would be--even if you could throw enough resources
at it, I think working with the private sector with the proper
controls and protocols is going to allow the regulator to be
much more effective and add a lot more safety value than just
throwing extra resources at it. I mean, there may need to be a
resource issue, and we can certainly talk about that at the
appropriate time.
Senator Blunt. Right. Well, if we need the resources, we
should do that also. I'd like you to look at what like EU
countries do, the countries we most likely compete with in
terms of producing that product, whether they--what they do and
how they do it. Do you have any information on that today?
Mr. Dickson. My understanding, Senator, is that--and it's
pretty rudimentary at this point, but my understanding is that
the FAA in most cases actually delegates less of the work to
the manufacturer than you see in some other jurisdictions,
including the EU. But this is something certainly that the
Special Committee and others will benchmark as they look into
the certification process.
Senator Blunt. And you will look carefully at their
results----
Mr. Dickson. Absolutely.
Senator Blunt.--and take action based on that additional
information?
Mr. Dickson. Absolutely. Whether there are process failures
or individual failures or gaps that need to be addressed, that
will certainly be right at the top of my priority list if
confirmed.
Senator Blunt. Thank you, Mr. Dickson.
The Chairman. Thank you, Senator Blunt.
Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thanks, Mr. Chairman.
Thank you for your service and thank you to your family for
their service.
The Chairman asked you how you would restore confidence in
the FAA. The simple fact of the matter is that the FAA, like
Boeing, faces a crisis of confidence. And if anything, the
levels of distrust and doubt have been increasing with some of
the reports that we've seen over recent weeks. One of them, I'm
not sure whether this was the report to which my colleague
Senator Blunt referred appeared in the Wall Street Journal, and
it describes in pretty impressive detail how the Federal
Aviation Administration, the FAA, has determined, in its
preliminary inquiry, that agency officials failed to
participate or monitor some of the crucial safety assessments
of the flight control system for the 737 MAX; they simply
delegated that review. And FAA engineers and mid-level managers
deferred to Boeing. And, in fact, a separate report appearing
today by CNN reported that the company, Boeing, did not perform
a flight test on a scenario where the MCAS software system
malfunctioned, which is essentially what happened, not once,
but twice, and disregarded a number of the complaints made by
pilots.
So my question to you is, Will you commit to reverse the
ODA delegation to the extent it has been done excessively in
overbroad, in effect, abandonment of responsibility, abrogation
of that duty that the FAA has to actively and proactively
oversee safety because essentially safety on the cheap, which
is what ODA does, has been neither cheap nor safe, and it
certainly gives the perception, if not reality, of putting the
fox in charge of the henhouse, putting the manufacturer in
charge of oversight. And what's why I have called for a new
independent robust assessment of the 737 MAX before it is
allowed to fly again. Will you review and reverse that
excessive delegation of authority?
Mr. Dickson. Senator Blumenthal, you raised several
important issues here, but let me just say that I will--if I am
confirmed, I will never either personally or professionally
abdicate my responsibility and my devotion to safety leading
the FAA, and I would never put my family on an airplane--I
would never certify an airplane that I wouldn't put my own
family on. And that's one reason why they're here today.
Senator Blumenthal. But your----
Mr. Dickson. So my----
Senator Blumenthal. Sorry, go ahead.
Mr. Dickson. Please, sir, it's very important to--not to
jump to conclusions. I mean, I've seen the media reports. I
understand--it's hard to tell, again, without being inside the
agency and privy to the data that the agency has, exactly what
did and did not occur at any particular point in time.
So what I will commit to you is that I will take the
recommendations from the Special Committee and the other--the
IG investigation and the other groups that have been stood up
to review this process, and whatever corrective actions need to
be taken or process changes need to be put in place, I can
guarantee you that those will be accomplished, and I look
forward to working with you and the Committee to make sure that
that happens.
Senator Blumenthal. Will you come back to the Committee to
report to us on what the certification process is before the
737 is allowed to fly again?
Mr. Dickson. I'm not sure what the--what the timeline. My
understanding is that some of these processes are ongoing, even
beyond the time-frame when the airplane could be contemplated
to fly. I know the Technical Advisory Board has specifically
brought in outside groups--Volpe, the Air Force, NASA, and FAA
personnel who were not involved in the certification of the
MAX--and that is the group that will take a look at this
particular process, and then the other groups are really
looking more at the failures of the overall ODA process.
Senator Blumenthal. But ultimately, the buck stops with
you, and I would like your commitment that you will come back
to this Committee before that plane is allowed to fly again
with any of our families and report to us on what the FAA has
found and whether and why it would be certified.
Mr. Dickson. Senator, if I am confirmed, I would certainly
be happy to work with the Committee on getting the airplane
flying again. I'm not sure exactly what the--what the
contemplated time-frame would be, and if I would be in the seat
before then.
Senator Blumenthal. And one last question. I asked your
predecessor about contacts and conversations with the President
or others in the White House, which he declined to provide.
Will you commit to tell us the substance of conversations that
you may have with the President or the White House on these
issues?
Mr. Dickson. Specific conversations, again, as I understand
longstanding Executive Branch practice, is that I would not
divulge specific conversations, but certainly the subject
matter of interest to the Committee, I will be as candid as I
possibly can.
Senator Blumenthal. My time is expired, Mr. Chairman. Thank
you. If there is another round of questioning, I have further
questions. Thank you.
The Chairman. Thank you, Senator Blumenthal.
Senator Cruz.
STATEMENT OF HON. TED CRUZ,
U.S. SENATOR FROM TEXAS
Senator Cruz. Thank you, Mr. Chairman.
Mr. Dickson, congratulations on your nomination. You have a
beautiful family. I'm sorry to see that the youngest isn't
continuing to enjoy and entertain the hearing.
The Chairman. Just like many of our members, Senator.
[Laughter.]
Senator Cruz. In more ways than one.
The question Senator Blumenthal was asking you I think are
serious questions. The FAA has long been referred to as the
gold standard for aviation safety. And I believe the events
surrounding the certification and crashes of the 737 MAXs have
drawn that reputation into serious question. The Wall Street
Journal article from yesterday contains many dismaying reports.
It begins by saying an internal FAA review has tentatively
determined that senior agency officials didn't participate in
or monitor critical safety assessments of the flight control
system for Boeing 737 MAX jet later implicated in two fatal
crashes, according to industry and government officials. It
goes on to say the certification process for the 737 MAX,
Boeing didn't flag the automated stall prevention feature as a
system whose malfunction or failure could cause a catastrophic
event. And the article later raises the very simple question,
also at issue is whether agency officials performed any
assessment on their own about the system's initial safety
classification. That suggests a serious breakdown in the
certification process.
The Department of Transportation Inspector General has
previously raised the concern of agency capture. Do you agree
that these reports suggest the possibility of serious
breakdown? And what should be done to fix it?
Mr. Dickson. Thank you for the question, Senator. And I--
again, the reporting externally, it's hard to tell exactly when
some of these things happened and exactly how they occurred,
but I can commit to you that if I am confirmed, I will be
looking into this very specifically, and the review processes,
including the Inspector General, including the Special
Committee, the Joint Authorities Technical Review, and the
Technical Advisory Board, all of that will form the basis of
actions in addition to my own diligence within the agency to
make sure that any adjustments are made to the process that
need to be made.
Again, the highest priority is always going to be safety
for the traveling public, whether it's within the U.S. or
aviation products around the world. That's going to be my top
priority.
Senator Cruz. I agree with what you said a minute ago about
not jumping to conclusions. At the same time, if you are
confirmed getting to the FAA, the easiest thing to do will be
to do nothing. Bureaucratic inertia is powerful, and the
natural instincts of any agency is protect itself, protect the
status quo, and admit no wrongdoing.
And so what I am asking you to do if you are confirmed is
be pissed off that 346 people died. That is not a small matter,
346 lives that were snuffed out, and at least the early
evidence suggests that was preventable. And not just those
lives that are no longer with us, but millions of Americans,
millions of people all across the world, get on planes every
day, trust their children, strap their children into planes,
billions in commerce travels on the aviation industry. All of
that depends upon the confidence of the flying public that the
planes they're getting on is safe.
So, Mr. Dickson, I would ask you not to give in to the
natural bureaucratic reaction that defends what happens, but,
instead, ask seriously and vigorously, Could we have prevented
these crashes? And what can we do to make sure we don't see
another one because of agency mistakes or because of the risk
of agency capture?
Mr. Dickson. Well, Senator, thank you for that and for
raising that issue. Please do not interpret my demeanor as, you
know, satisfied with the situation or in any way saying that
any accident is acceptable. It is not. And if I am confirmed, I
promise you I'm going to be the captain of the ship, I'll be a
steady hand on the tiller, which I think is what--what the
American public needs, but that doesn't mean that I'm not going
to be asking the tough questions and making the changes that
need to be made.
Senator Cruz. And will you commit to this Committee to
vigorously figure out what the hell went wrong?
Mr. Dickson. Absolutely.
Senator Cruz. Thank you.
The Chairman. Thank you, Senator Cruz. And let me note that
I appreciate Chairman Cruz's leadership on the subcommittee
with jurisdiction over this issue, and my thanks goes to him
and his Committee, Subcommittee, staff on that.
Also, before Senator Cruz began his question, I made a quip
about members of this Committee being elsewhere. The truth of
the matter is that we have dozens of appointments, constituents
to see, and other Committee meetings scheduled at the same
time, and I appreciate every member of this Committee making
the time to give us a successful markup and hearing today. So I
just wanted to explain that little quip.
Senator Peters is next.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Mr. Chairman.
Mr. Dickson, welcome, and thank you for spending some time
in my office discussing a variety of issues earlier this week.
The question I have for you is related to what was begun by
Ranking Member Cantwell and kind of the machine interface which
we had an opportunity to talk about in the office, and how we
have to think this through very carefully as automation
continues to advance, not just in aviation, but in ground
vehicles and other aspects of the transportation system.
And I want to ask you a couple questions related to the
Office of Inspector General audit report that looked at the
increased use of flight deck automation that came out just a
few years ago and kind of get a sense of--I'm sure you're
familiar with the report--kind of get a sense of what they
found in the report.
In the report, they certainly talk about the need and
numerous studies that confirm the need for pilots to spend more
time manually in control of the aircraft, to have the mastery
necessary to take over in the event that the system goes down.
But in the report, they found that--and I'll read--quote, ``Air
carriers may not know how often their pilots have the
opportunity to manually fly. For example, only two of the nine
carriers we visited analyzed data to determine the extent
pilots are using autopilot in daily operations. Senior FAA
officials estimate that airline pilots use automated systems 90
percent of the time, but stated there is no industrywide
analysis to validate that estimate.'' Is that accurate? Has
progress been made? And is that progress sufficient in your
mind?
Mr. Dickson. Thank you, Senator Peters. First of all, this
is an area that I know my carrier was very focused on, and even
participated in some of the development of the flight path
management initiatives and reports that were accomplished by
the Flight Safety Foundation and the FAA back in that--back in
that timeframe.
And so the nice thing about the newer aircraft is it
provides the ability to be able make these measurements and
bring this data to the fore so that the carrier can then go
back and put in exercises and recurrent training and actually
make the pilots aware of opportunities that they have to
practice their manual flying skills. And I know that we did
that at my company in conjunction with the Airline Pilots
Association, and it was a very successful program. It continues
to mature and develop. And I think that, from what I have seen
around the industry, it's something that continues to be talked
about with the Commercial Aviation Safety Team and also
measured through ASIAS as well.
Senator Peters. Well, the report--I love your reaction to
this, which I think is troubling--the report went on to say
that studies have concluded that pilots may overestimate their
manual flying skills, even if some of those opportunities are
available that you mentioned.
For example, a recent Flight Safety Foundation study
found--this is a few years ago, so I want to get your
assessment of where we are today--but evaluated the manual
flying skills of 30 experienced U.S. commercial airline pilots,
and while 80 percent of the pilots reported that they typically
hand-fly the aircraft below 10,000 feet, the pilots' aggregate
scores for manual flying maneuvers fell below FAA standards for
these pilots. Despite the pilots' stated manual flight
experience, they were not able to meet the standards using only
basic instrumentation that would be available if the automation
failure occurred during flight.
What's your assessment of that study? And what more do we
need to do?
Mr. Dickson. Well, I think that it needs to--that, again,
manual flying skills, not only manual flying skills, but the
ability to be able to maintain situational awareness and move
fluidly through various levels of automation. In commercial
aviation, we generally talk about four levels of automation,
everything from what we call raw data to flight director to
flying the airplane through the mode control panel with the
autopilot on to fully automated and preprogrammed flight. We
need to--pilots need to be able to monitor the flight path,
understand what their clearance is, put the airplane there, and
then keep it there. It really is as simple as that. But the
actual skills that you need to do that in those different, four
different, automation levels and be able to de-automate the
airplane when things start to snowball or aren't going exactly
the way that you--that you thought they would go, it could be a
weather deviation or whatever, that's what, in my experience,
the carriers are really concentrating on rather than things
that used to be done more by rote in terms of practicing low-
visibility approaches and all that, introducing more
perturbations into the training environment.
I also think that new training technologies and the
introduction of augmented reality into training--the Air Force
is doing some studies in this area--that will also help make
training more--scenarios more realistic and more valuable to
introduce some variability within what can be a bit of a canned
scenario in the flight simulator.
Senator Peters. If I may ask just one follow-up question to
that. Right now, the FAA restricts the use of autopilot during
takeoff and climb below 500 feet unless granted explicit FAA
authorization to use it sooner. What's your assessment of that?
How would you approach that regulation? Does it need to be
changed? Are there some concerns about it? Give me your
thoughts, please.
Mr. Dickson. With respect to the use of autopilot below 500
feet, a lot of times that depends on the capabilities of the
aircraft. An aircraft can be certified much lower than that in
some--in many cases. On departure usually is where the
restriction is. I don't really have any issues with that. I
think that most pilots in my experience are going to hand-fly
the airplane during the transition either in the approach phase
or on the departure leg phase until the flaps are up almost
probably 95, 98 percent of the time. So the 500-foot
restriction is not--not really have any impact in that case.
Senator Peters. Great. Thank you.
The Chairman. Thank you, Senator Peters.
Senator Blackburn.
STATEMENT OF HON. MARSHA BLACKBURN,
U.S. SENATOR FROM TENNESSEE
Senator Blackburn. Thank you, Mr. Chairman.
And, Mr. Dickson, thank you so much for your time to visit
about your priorities. And I appreciate when I asked you about
those priorities, number one was safety. And as you have heard
today, there is bipartisan agreement that safety of the flying
public is paramount. And we all are quite concerned about what
happened with Boeing, the 737. And Mr. Peters' questions about
the ability of pilots to override those systems and to manually
fly those planes, that training and the degree of training is
vitally important.
I've just got one other thing I want to ask you about. We
didn't talk about it as we visited, but the Open Skies
Agreement, which is vitally important not only for passenger,
but for our cargo aircraft. And we know that this has led to
greater access to U.S. markets and increased U.S. tourism and
trade for our companies and our consumers. And these agreements
really have helped us to secure our national security
interests.
So my question for you is, how are you going to approach
these? Are you going to continue to honor these while at the
same time working to address the national security concerns
that we all have?
Mr. Dickson. Well, thank you, Senator. I appreciate the
question.
You know, Open Skies, as a principle, is certainly
something that I support and have always supported. The
concerns that have been expressed among some have been about
whether the playing field is level or not. And I know that
there are a number of aviation industry stakeholders that have
those concerns. But setting that issue aside, certainly Open
Skies I think has been very powerful.
The--as you know, this is an issue that is not under the
FAA's primary purview. We certainly want to be, or I would
certainly want to be, part of the discussions. It really
resides within the Department's Office of Aviation Policy, but
I'm happy to work any aspect of that with you or any members of
the Committee or any other aviation industry stakeholders.
Senator Blackburn. Wonderful. Thank you so much.
I yield back.
The Chairman. Thank you, Senator Blackburn.
Senator Markey.
STATEMENT OF HON. EDWARD MARKEY,
U.S. SENATOR FROM MASSACHUSETTS
Senator Markey. Thank you, Mr. Chairman, very much.
Earlier this year when Acting Administrator Elwell appeared
before this Committee, I questioned him about safety-enhancing
features that could have saved the lives of the 346 souls on
two of their 737 MAX 8s, features which Boeing had sold as
optional, as though they were premium seating or extra
bathrooms or fancy lighting, but these safety features could
have alerted the pilots and aviation mechanics that the doomed
aircraft had faulty sensors. Let's be clear, we don't pay more
for seatbelts, for airbags, or for childproof caps on
medication, they all come standard, and so should all safety
features on aircraft.
In response to my question, Acting Administrator Elwell
stated that the FAA does not permit plane manufacturers to sell
safety-critical elements of an airplane for an additional
price, and, of course, I agree with that. But the issue here is
whether manufacturers, such as Boeing, are allowed to sell
safety-enhancing features for an additional price. Safety-
enhancing features include backup fire extinguishers in the
cargo hold, oxygen masks for flight crews, or, in this case,
the angle of attack indicator and disagree lights.
Mr. Dickson, do you believe manufacturers should ever be
allowed to charge additional for any safety-enhancing feature?
Mr. Dickson. Well, thank you, Senator Markey. It's a very
important question, and I am familiar with the issue, and I
agree with you that safety-critical features need to be
standard, and they will always be standard. With respect to
other features, in some contexts, whether they are what may be
considered an enhancing feature in one context may actually end
up being a distracting situation in another, and all I would
say is that with respect to the aircraft certification process,
we need to look very carefully at what should be safety-
critical and what should not. And I am committed to do that.
Senator Markey. Well, do you--do you--do you believe that
charging additional fees for safety-enhancing features may
discourage some airlines from including them on their planes?
Mr. Dickson. Again----
Senator Markey. Well, just to say, the angle of attack
indicator and disagree lights, if you have to pay extra, but
the airline is just saying it's an enhancer rather than basic?
Mr. Dickson. Again, I--I----
Senator Markey. Do you think that would discourage airlines
from buying them?
Mr. Dickson. I can't say. I've flown many airplanes without
AOA indications at all. And whether, in this particular
instance, it would be considered a safety-enhancing feature, I
would have to rely on the data that the agency currently has
and also the Special Committee that's looking at aircraft
certification process.
Senator Markey. Well, my opinion is that I think it's
pretty clear that it would discourage airlines because any
airline might assume that the additional expensive features may
not be necessary for the safety of the plane, and as a result,
not feel that they would pay for that extra type of equipment.
So instruments that alert pilots and mechanics to issues with
sensors, in my opinion, should not come with additional
charges; oxygen masks should not come with an additional
charge; backup fire extinguishers should not come with an
additional charge; aviation safety should not be for sale. And
that's why I introduced a bill, the Safety is Not for Sale Act,
that ensures safety-enhancing features are standard parts of
our aircraft, not something to be sold as a la carte add-ons.
Pilots, flight attendants, passengers all agree that this
legislation is essential for keeping our loved ones safe in the
skies. Safety features must always be standard in every plane
brought--bought in this country, and I hope that we can move
forward on that.
I know as well that the FAA is currently considering the
downgrading of the New England Region airports, the Vision
office. The office currently represents six states and 109
airports. I'm concerned that if the New England office's
responsibilities are transferred to another region, the
particular priorities and needs of our region will not be
quickly and effectively addressed.
Mr. Dickson, will you commit today to not downgrading the
New England Region office?
Mr. Dickson. Well, Senator, thank you. The regions play a
very important role, as I think you indicated, and I certainly
agree with that. I don't have any line of sight into this
particular decision, but if confirmed, I'm happy to look into
it and work with you on that.
Senator Markey. Well, I can assure you that the New England
senatorial delegation would not be happy if, in fact, the
office was downgraded, so I'll just leave you with that clear
message.
Thank you.
The Chairman. Thank you, Senator Markey. I predict a very
thorough look at that last issue.
Senator Lee.
STATEMENT OF HON. MIKE LEE,
U.S. SENATOR FROM UTAH
Senator Lee. Thank you very much, Mr. Chairman.
Thank you, Mr. Dickson, for being here today. I enjoyed my
visit with you recently, and I'm grateful to have you here at
this hearing.
It's been about a year since the FAA formally ruled out the
UAS Integration Pilot Program, or IPP. One of the stated
objectives of IPP, as you know, was to, quote, test and
evaluate various models of State, local, and Tribal government
involvement in the development and enforcement of Federal
regulations for UAS operations, and that, of course, included
the testing of reasonable time, place, and manner limitations
on low-altitude UAS operations.
Would you agree that the success of the drone--of drone
integration is going to require both State and Federal and also
to a degree local coordination of responsibilities?
Mr. Dickson. Well, thank you, Senator. And I'm grateful for
the discussion that we had in your office on this--on this
topic. And, yes, I do think that the UAS Integration Pilot
Programs have been very beneficial in beginning to get at the
issues of the proper balance between the Federal role in
operating and management of traffic of our National Airspace
System, and then also identifying those very important State
and local issues. And I think that it's important that we
realize that the National Airspace is a national asset, but
that it needs to be--those needs need to be balanced with State
and local concerns.
Senator Lee. Sure.
Mr. Dickson. And I'm happy to work that issue with you if
I'm confirmed.
Senator Lee. Sure. Yes. There are some unique things about
drones I think that make them appropriate at certain levels for
State and local government involvement in a way that other
types of aviation might be different. There are those out there
who suggest that the FAA should have authority, exclusive
jurisdiction, over anything where the drone is operating more
than a few feet or even a few inches above the ground, and that
is a concern to me.
Do I have your commitment that you will continue to work to
make sure that we evaluate the appropriateness? Some have
criticized the IPP so far as not adequately testing and
evaluating the role of State and local governments relative to
drones. Will you commit to making sure that that happens?
Mr. Dickson. Senator, yes. As I said a moment ago, I think
that we need to make sure we strike the appropriate balance on
those issues. And I also believe that the progress on the
remote identification rule will help out not only the FAA carry
out its responsibilities, but also help to address other issues
of concern that may actually be more concerning to State and
local jurisdictions. And so I look forward to working with you
on that.
Senator Lee. Thank you. In 2018, the Department of
Transportation reported a shortage of certified air traffic
controllers as well as historically high fail rates in recent
years at the FAA Controller Academy. Current law requires that
open controller positions have to be filled by an approximately
equal number of candidates who are taken from the general
public; that is, candidates with no prior controller education.
Given both the shortage and the high attrition rates and also
just the public safety issues implicated by the nature of what
air traffic controllers do, this is obviously concerning.
That's why I've introduced something called The Air Traffic
Control Safe Operation and Readiness Act. If you're confirmed,
will you be willing to work with us on reforms like these?
Mr. Dickson. Senator, certainly the training and
qualification of air traffic controllers, as it is with pilots,
is a very important issue. And I believe the shortages, from my
initial understanding here, have been alleviated somewhat to
this point, but we are seeing very high levels of training
within the facilities. Having said that, certainly the
selection and the success rate of candidates going through the
academy is something that I'll be paying very close attention
to. And I'm certainly aware of the issue, and I know of your
interest, and certainly the Committee's interest, and I'm
committed to working on that with you.
Senator Lee. Thank you. In the moments I've got left, I
just want to touch briefly on supersonic rulemaking within the
FAA. The 2018 FAA bill, as you know, required the FAA to submit
two proposed rulemakings on supersonic aircraft, a rule on
noise standards and a rule on procedures to obtain special
flight authorization. If you are confirmed, will you support
reviewing the progress of those rulemakings and work to ensure
that FAA meets its supersonic rulemaking obligations under law?
Mr. Dickson. Yes, sir. Along with all of the other
provisions of the 2018 reauthorization, which I know are pretty
voluminous, I definitely am committed to looking at that, and
not only that, but exercising the level of international
leadership that will need to be put into place to make sure
that other parts of the world are coming along with the FAA in
this area.
Senator Lee. Thank you, Mr. Dickson, very helpful.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Lee.
Senator Rosen.
STATEMENT OF HON. JACKY ROSEN,
U.S. SENATOR FROM NEVADA
Senator Rosen. Good morning, and thank you, Mr. Dickson,
and your beautiful family for being here and for your
willingness to serve our country in this very important role.
I want to follow a little bit up on what Senator Lee has
been talking about concerning the drone industry. Of course, as
you may know, I represent Nevada. Nevada has become an
incubator for the burgeoning commercial UAV industry. We are
currently one of seven unmanned aerial systems designated test
sites in the U.S. and the only state with this designation. So
we've attracted lots of innovative startups, we're forming
partnerships with precision agriculture, power line monitoring,
pipeline monitoring, health care delivery. We are trying to do
all kinds--delivering defibrillators, you name it, and
particularly in our rural communities, this is very helpful.
So all of these developments are, of course, very exciting,
but we also must promote responsible use of the new technology,
such as deconflicting our Nation's airspace to maintain the
safety of commercial air travel and keep it safe and keep UAVs
away from our airports and flight paths.
So following up on Senator Lee's question, I want to talk
about cybersecurity and how you are going to work with our
stakeholders and partner with our agencies to ensure that the
cybersecurity of UAVs, particularly those flying over populated
areas, how you plan to work with that and further support
cybersecurity standards.
Mr. Dickson. Well, thank you for the question. I think it's
a very important issue, not only as it pertains to UAS, but the
entire aviation system. And I know that, as I recall, I believe
there's a provision in the reauthorization that will actually
support cybersecurity review of all parts of the FAA's
processes and systems. And I certainly intend to look into what
other things we could be doing as an agency to work with other
Federal agencies that are in--that are very concerned about the
cybersecurity space.
Senator Rosen. And will you commit to bringing those plans
back to us?
Mr. Dickson. Of course.
Senator Rosen. Thank you. I'd also like to go--talk a
little bit about oversight. And according to the Inspector
General, the FAA has conducted oversight on only 4 percent, 4
percent, of all parts suppliers on jets. And so whether that's
adequate or not, we can discuss that at a different time, but
some have argued in recent years that the FAA's overall safety
philosophy has moved from one of enforcement to one of
compliance where we, instead of penalizing for safety
violations, the agency has given industry the opportunity to
correct safety violations without penalty in order to give them
time to comply with regulations.
So I asked this same question to the Acting FAA
Administrator here a few weeks ago, and so I'm going to ask you
this: From what you know heading into your role as FAA
Director, is this an accurate characterization? And what do you
think is the proper way to handle safety oversight? Where do we
draw the line between compliance enforcement and a safety
violation? How do we enforce this?
Mr. Dickson. Well, thank you for the question. I think it's
a great question and one I'm sure that we will be discussing in
the context of the issues around aircraft certification and
others as it relates to aviation safety.
As I see it and I think as the FAA is currently designed,
and in my experience, safety issues not only within the U.S.,
but internationally, the--compliance is the goal, enforcement
is one of the tools to get to the goal. And so that what we
want to do is be proactive. We don't want to wait for a----
Senator Rosen. Right, because we want to wait before an
accident happens.
Mr. Dickson. We want to--we want to wait--we want to----
Senator Rosen. Comply.
Mr. Dickson.--resolve these issues, we want to have
visibility into data that the private sector has, so you have
to have oversight, but you have to have mechanisms to be able
to manage programs and make sure that the private sector is
executing in accordance with the processes that the FAA is
overseeing.
If--if we get to the point where for whatever reason there
are--enforcement action is necessary, I am certainly--if I am
confirmed, I'm not hesitant to take that enforcement action. We
also----
Senator Rosen. Do you think we're relying too much on
compliance and less on enforcement penalties?
Mr. Dickson. It's--in my--you know, again, in the flight
ops world, I would say no, but it is certainly something that--
you know, I've--I've got--I think safety management systems,
the way they're structured, are very powerful. I would want to
make sure that we have that same process in place in all
sectors of aviation if I am confirmed. We also need to remember
that part of the Compliance Program is the incorporation of
voluntary safety programs, pilots voluntarily reporting safety
issues, flight attendants, aircraft maintenance technicians,
whoever sees a safety issue in the system is able to report
that and not suffer certificate action themselves if they--if
they follow the process. And that's been very powerful in terms
of giving us many more data points than the FAA would have to
be proactive in its safety regulation as it--as it is today,
and I think it's part of what has led to the FAA really being
the gold standard in the world today. We need to make sure that
that's not compromised.
Senator Rosen. Thank you. I'm out of time.
The Chairman. Thank you, Senator Rosen.
Senator Scott.
STATEMENT OF HON. RICK SCOTT,
U.S. SENATOR FROM FLORIDA
Senator Scott. First off, thanks for being here. Thanks for
your military service. And you work for a great company, and
thanks for that company's investment in Florida.
I just finished eight years as Governor of Florida, and we
are very focused on growing tourism, which is the biggest
driver of jobs in our state. We had last year 126 million
tourists, and 94 million of them came on a plane. So aviation
is pretty important to our state.
So in your business experience, had you--have you seen
examples, whether it's a manufacturer or an airline put profits
over the safety of the people that are flying on the planes?
Mr. Dickson. Well, thank you, Senator Scott. I'm very
familiar with the State of Florida. My parents live there now.
They lived in Orlando for 27 years, and we actually currently
have a home near Melbourne. So it's very near and dear to my
heart, as well as the State of Georgia.
But, you know, I can only speak from my own experience
leading flight operations at a major airline. My--the CEO of
our company always held me accountable for safety, and when
he--when I took the job, I remember these words very well, and
they were, ``When it comes to safety, you make the call.'' And
that means if we need to cancel a flight, if we need to, you
know, make a different decision about how we're running the
operation on a daily basis, that's where that--that resides.
And so that was a responsibility that I took very seriously.
I always felt--you know, we were just talking about
compliance over here. I always felt that compliance was--you
know, the culture of safety actually is a higher level than
compliance, and so safety culture is really important. That's
where pilots and dispatchers, air traffic controllers, caring
enough about safety in the system to go above and beyond and
report issues are extremely important. And it's also why, you
know, when you're sitting at the headquarters or even when
you're out flying the line, you realize that you may see things
as a leader and you're only seeing part of the story. You've
got to work very hard to make sure that you have the whole
picture. And the FAA Compliance Program is part of that, but
it's not the only thing in the private sector. The--really,
it's--it's all of the other data that you have to bring to bear
that really I think sets the bar, and that's one reason why the
U.S. has been so successful over the years.
Senator Scott. You know, one of the things that--one of the
reasons why we have so many tourists in our State is people
feel safe to fly there. And I'm convinced that you care about
safety. Everything you've said today, and when I talked to you
before, you care about safety. But another thing that is, Does
the public perceive that our system is safe? And so how would
you critique Boeing and FAA with this latest issue they're
dealing with? How would you critique their ability to
communicate how they're dealing with the problem and what the
solution is?
Mr. Dickson. Well, as the nominee, I would be reluctant
to--you know, I'd like to get confirmed first I would say. But
certainly managing any--whether it's, you know, a major weather
disruption or an IT disruption, a company, it's always very
important to be honest and transparent and have leaders out
there talking about it. And I certainly see myself, if I am
confirmed, playing a very visible leadership role with the
public, certainly in coordination with the Secretary, as it's
appropriate.
And I think leadership by example is very important. So
that's something that I think--you know, there have been case
studies on how to--how to manage some of these situations in
different industries over the years, and I think there is
plenty of evidence out there that we can always--we can always
improve, but there's going to be a process here of making sure
that the public continues to be confident in our aviation
system. And I certainly, again, I would put my family--I would
not certify an airplane or put my family on any airplane unless
I thought it was safe, and I think that we are indeed the gold,
if not the platinum, standard in the world.
Senator Scott. Yes. I don't think there is any question. I
think you're going to do a great job on safety. My biggest
concern right now with the FAA is how transparent are they
with--to make either the public, you know, get them--give them
the information so they can make informed decisions. And I
think everybody can always do a better job at that. But thank
you. You'll do a great job.
The Chairman. Thank you very much, Senator Scott.
Senator Thune.
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Thank you, Mr. Chairman.
Mr. Dickson, thank you for your service, for your
willingness to serve. You bring some great experience to this
position, and we look forward to working with you. I know
you've been asked a lot of questions about 737s today, but I
have a home State question I want to ask you and then try and
get to a couple other ones real quickly.
But this week, Ellsworth Air Force Base in my state of
South Dakota, is hosting a Large Force Exercise in the Powder
River Training Complex, which overlies portions of South
Dakota, North Dakota, Wyoming, and Montana. The PRTC is now the
largest training airspace in the continental United States and
is poised to play a critical role in training 5th generation
aircraft like the F-35 and the future B-21 bomber, which will
be based at Ellsworth.
However, in order to optimize these semiannual exercises
and accommodate realistic training scenarios for our airmen,
the FAA must grant the Air Force waivers to exceed the range's
current ceiling of 26,000 feet and fly up to 51,000 feet. Even
though there is considerable less--considerably less commercial
travel through the PRTC, securing these waivers is a slow-
moving process. This is in part because the PRTC is governed by
three air route traffic control centers: Salt Lake City Center,
Denver Center, and Minneapolis Center. Streamlining the waiver
process would afford our military planners additional time to
commit assets to these exercises with greater certainty. If
confirmed, will you commit to working with me and the Air Force
to improve the process for obtaining PRTC altitude waivers to
ensure that our warfighters remain the most prepared to counter
modern adversaries?
Mr. Dickson. Well, thank you, Senator Thune, for that
question. We talked about this in our visit, and, you know,
having quite a bit of experience in large tactical exercises, I
understand the importance of having both the vertical and the
horizontal dimension of airspace, and I do commit--this is
something that I would be happy to look into if I am confirmed.
Senator Thune. OK. We would very much appreciate your help
and look forward to that.
Mr. Dickson, the Notice of Proposed Rulemaking for Remote
Identification of Unmanned Aircraft Systems was delayed from
May 1 of this year to July 21. This rulemaking will serve as
the foundation for future UAS rulemakings, especially the many
provisions included in the recent FAA Reauthorization Act to
advance the safe integration of UASs into the National
Airspace. In response to several disruptive incidents involving
UAS incursions into restricted airspace, Senator Markey and I
sent a letter to the FAA on April the 29th requesting an
updated timeline for the agency to issue this important
rulemaking. If confirmed, will you work to ensure the drone
identification rulemaking is completed as expeditiously as
possible?
Mr. Dickson. Yes, sir. As I said before, I think that the
remote identification rule is a key enabler of really the next
step of integrating unmanned systems into--into the airspace.
So I look forward to working with you on that.
Senator Thune. All right. Let's get that done.
As you know, the FAA has been working to implement the Next
Generation Air Transportation System, or NextGen, which will
modernize the Nation's air traffic control system and improve
the safety and efficacy of the Nation's airspace. The agency
has faced implementation challenges in the past and has taken
steps to address those challenges, including increased
stakeholder engagement, such as through the NextGen Advisory
Committee. As both a pilot and former member of FAA's NextGen
Advisory Committee, could you provide your perspective on the
agency's implementation of NextGen so far? And if confirmed,
what actions would you take, as Administrator, to ensure that
this critical modernization of ATC is fully implemented as soon
as possible?
Mr. Dickson. Well, thank you for that--for that question.
As you said, I've got a long history with--with the NextGen
Advisory Committee and the Midterm Implementation Task Force.
First of all, programmatically, within the agency, I don't
currently have visibility as to where the programs stand with
respect to milestones, but that is something that I will--I
will be looking into with quite some interest and making sure
that we get things on track.
The--operationally, looking at things sort of from the
other end of the telescope, stakeholder engagement is
absolutely critical because it is what gets communities
involved, it's what get airlines, general aviation, all
stakeholders involved, airports, to make sure that we are all
moving forward together and putting our priorities in a way
that makes sense for the agency to execute on and be able to
move forward.
So I look forward to continuing to work with the industry.
I think it's very important that there be industry and national
consensus on how to move forward and where. But stakeholder
engagement is going to be absolutely critical, and that's
really the only way to move things forward productively.
Senator Thune. We hope you can work aggressively to help us
catch up to where we need to be on that very important topic.
Thank you.
Thanks, Mr. Chairman.
The Chairman. Thank you, Senator Thune.
Senator Duckworth.
STATEMENT OF HON. TAMMY DUCKWORTH,
U.S. SENATOR FROM ILLINOIS
Senator Duckworth. Thank you, Mr. Chairman. I'd like to
thank you and Ranking Member Cantwell for holding today's
hearing.
Mr. Dickson, thank you again for sitting down with me
recently. I very much enjoyed our conversation.
Before I get to my questions, I just want to quickly
address a topic that others have raised. I want to state that I
firmly believe that ATC privatization is reckless, and I do
want to reinforce with Chairman Thune's emphasis just now on
the importance of rapid fort movement on implementation of
NextGen. I think it is critical for our airspace.
I am pleased that Congress rejected ATC privatization in
the last FAA reauthorization, and I believe that it is time to
focus all our energies on modernization.
With that, I want to move on to my questions. I do want to
express my appreciation for your commitment to upholding
critical safety regulations. I was reassured to learn in our
meeting that you support the 1,500-hour pilot training rule,
and I agree with you that the 1,500-hour rule safety benefits
are unquestioned. My question to you is simple: If confirmed,
will you oppose any effort to weaken or lower the 1,500-hour
rule requirements administratively, including through so-called
enhanced qualification programs?
Mr. Dickson. Well, thank you for the question, Senator. I
enjoyed our time together as well and look forward to the
opportunity to continue to work with you and the Committee on
aviation issues, which I'm very passionate about, of course.
The 1,500-hour rule, or, more broadly, the first officer
qualification rule, as you state, I think has been a success.
The track record of aviation safety within the U.S. over the
last decade or so I think has shown that. I think we need to
recognize that our safety culture is not static, and we want to
keep taking advantage of new technologies, better, more
effective, ways of training. I mentioned some of that earlier.
So what I will commit to you and would love to work with
you on in the future if I am confirmed is that any changes--you
know, the safety bar has been set by the first officer
qualification rule, but any changes would clearly make the
system safer than it is today and more effective training than
it is today.
Senator Duckworth. Thank you. I do agree with you, and I do
want to emphasize that any--that new and more effective ways of
training should never be lower than the acceptable standards
from today.
Another vital safety rule is the flight and duty rule. As
you know, this rule replaced a patchwork of outdated
requirements with a data-driven process. You were at the table
during the development of this rulemaking, and I just want to
get it on the record that you both recognize the safety
benefits of this rule, and, if confirmed, you will uphold the
flight and duty rule as finalized. And can you make a
commitment to that?
Mr. Dickson. I believe you are referring to FAR 117.
Senator Duckworth. Mm-hmm. Yes.
Mr. Dickson. Yes. I was involved as one of a number of
industry stakeholders along with certainly the FAA and Labor.
That was a multiyear effort to get that done, and I'm certainly
committed to ensuring it continues to be effective and
implemented.
Senator Duckworth. Thank you. I would like to talk a little
bit about leadership on FAA reform efforts. As you know, we
rely on Flight Standardization Board, so the FSB, reports as
the basis for improving pilot training, qualifications deemed
necessary for the operation of manufactured or modified
aircraft. In conducting oversights of issues related to the 737
MAX crashes, I was very much alarmed to learn that throughout
2017 and 2018, the various revisions of the FSB report
examining the differences between the 737 MAX and the 737NG
failed to assess or even mention the existence of MCAS. If the
FSB had evaluated the MCAS system, the FSB would likely have
reported that upon activation MCAS disables the aft column
cutout feature. An error of this magnitude indicates that there
may be systemic weaknesses in how the FSB itself conducts
evaluations. If confirmed, Mr. Dickson, will you commit to
working with me to update the 2013 advisory circular on
conducting and using FSB evaluations to make sure that the
Board is given access to and considers all relevant
information?
Mr. Dickson. Well, thank you for the question. The Flight
Standardization Board, as you mentioned, is under the purview
of Flight Standards. It's a part--it's a component of the
overall certification process, but it's not within the
Certification office, and certainly I think it falls--well, you
know, if I am confirmed, as I said earlier, I would be looking
at every aspect of this process as it was executed and make
sure that whether it's--whether it's training or awareness of
pilots, if there were gaps there or misses, those need to be
addressed. And whatever the most effective way to make those
adjustments, you have my commitment to work with you and the
Committee on that.
Senator Duckworth. Thank you.
Mr. Chairman, I'm out of time, but I would like to submit a
question for record on developing an advisory circular
providing guidance for the manufacture, maintenance, and
testing of the operational angle of the wind vanes of the
aircraft.
The Chairman. That will certainly be permitted. And thank
you very much, Senator Duckworth.
Senator Duckworth. Thank you, Mr. Chairman.
Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Mr. Chairman.
And, Mr. Dickson, thanks for our good discussion yesterday.
I appreciate you coming by. And I appreciate the family being
here and your outstanding decades of service to our country and
the military. And as a pilot, I think you are very, very
qualified for this position.
I did want to reemphasize Senator Cruz's point that he made
earlier. I think it's a really important one, not just for the
FAA, but any agency, and that's this whole topic of agency
capture where our, you know, Federal agencies that are supposed
to be independent become too cozy with the actual entities
they're regulating, be it Boeing or major airlines.
So can you just reiterate, if confirmed, that you will make
sure that, as you've stated, your number one focus will
continue to be on safety and your number one constituency is
not those you regulate, it's the American people?
Mr. Dickson. Absolutely, you have that ironclad commitment.
Senator Sullivan. Thank you.
Mr. Dickson. And I think I would just call attention to my
military service. I think I mentioned it's charitable for a
Marine to refer to an Air Force guy as military.
Senator Sullivan. Well, I do it all the time with the
chair.
[Laughter.]
Mr. Dickson. But--well, that's right, I guess the Chairman
as well. So--but, no, I think that my track record of being
able to work in a collaborative fashion, but certainly
understand that, you know, the decision needs to be made by the
agency, and actions need to be taken to make sure that the
system--system safety is absolutely the highest priority. And
my service is to the American public if I am confirmed.
Senator Sullivan. Thank you.
Let me talk about my state. We talked about it a lot in the
meeting yesterday. You know, Alaska has very unique aviation
needs. As you know, we had a tragic midair collision that took
place Monday outside of Ketchikan, and I would like to offer my
condolences and prayers for the victims. Six victims so far
lost their lives. Two are operators that are families of
medical staff in Ketchikan and Seattle, and the emergency
responders and search crews are all still working hard.
As we talked about, you know, Alaska has very unique needs,
very unique infrastructure needs. In the FAA reauthorization,
there are a number of provisions that try to address what we
see is kind of lacking and very significant variations in
infrastructure at destination airports throughout the state.
Visual flight rules, IFR flight rules, we have it all there. So
will you--if confirmed, will you commit to work with me on the
implementation of those provisions and other infrastructure-
related needs?
Mr. Dickson. Yes, Senator Sullivan. As we discussed, I
recognize Alaska as a unique state in terms of not only is it a
largely rural state, it really is, in many ways, almost the
last frontier.
Senator Sullivan. It is the last frontier.
Mr. Dickson. And, therefore, it really does, to an extent
that we don't see in just about any other part of the country,
rely--the fabric of the community relies on aviation----
Senator Sullivan. Let me just dig a little deeper on that
because there is kind of--there is an irony that you're
touching on. You know, we have over 200 communities that aren't
connected by roads. I mean, so we're not just rural, we're
extreme rural. So the need for air travel, safe air travel, is
so, so important to my constituents, and yet small-population
states have a hard time competing with FAA infrastructure needs
the way in which--I won't go into the details, but the formula,
as you know, disadvantages actually small-population states,
even though our need is so great.
So can I get your commitment, as we talked about yesterday,
to work with you on making sure that we're not disadvantaged,
particularly as it relates to infrastructure funding when
states like mine actually need that infrastructure funding and
safety in ways that are critical to so many Alaskans?
Mr. Dickson. Yes, Senator. I'll be happy to work with you
on that. I understand there needs to be a balance. And I used
the word ``holistically'' before, but I think it applies in
this particular case. Certainly, if I am confirmed, you know,
the responsibility to manage and lead a national system is a
very high priority, but it needs to be balanced with unique
local considerations, as you highlight.
Senator Sullivan. Thank you. And I look forward, I know you
are going to put together your schedule, but we did talk about
possibly having you attend a meeting of our air carriers and
other stakeholders in Anchorage in late August, and look
forward to trying to get you up there. But I certainly want to
get your commitment to come to Alaska soon in your tenure to
see the great state and the last frontier, but our unique
needs. Can I get that?
Mr. Dickson. I've been there many times, and I look forward
to a return trip if I am confirmed.
Senator Sullivan. Finally, Mr. Chairman, just real quick,
Mr. Dickson, you saw whether it's Senator Lee's focus on FAA
schools, Senator Duckworth's focus on ATC privatization, I
think there's a lot of bipartisanship on this Committee on some
of the big issues. So I just want to associate myself with what
Senator Lee had mentioned about, you know, making sure the
students who actually go to like, for example, University of
Alaska in Anchorage, we have a great school that trains FAA,
future FAA, flight control and safety officials for the FAA. It
would seem to me it makes a lot of sense to make sure that
those individuals get a hard look from you as opposed to
others. But we want to work with you on those and other issues,
but again appreciate your service. I think you are very well
qualified for this job.
Mr. Dickson. Thank you, sir.
The Chairman. Mr. Dickson, I think you are going to be
working with members of this Committee on a lot of these follow
up issues.
Thank you, Senator Sullivan.
Senator Baldwin.
STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. Thank you, Mr. Chairman.
Mr. Dickson, you undoubtedly recognize that your nomination
to lead the FAA comes at a time of renewed concern about safety
and opens questions about how the FAA approved the 737 MAX for
flight and whether pilots were appropriately trained. There are
ongoing investigations at the FAA here in the Congress and with
the DOT Inspector General and at the Department of Justice.
So as head of the FAA, what would you require of Boeing
before giving the green light to unground the 737 MAX?
Mr. Dickson. Well, thank you for the question, Senator
Baldwin. And I--I will just reiterate that I'm not privy to the
criteria by which the airplane was certified nor do I have
complete visibility into how it will be made airworthy again
and will begin to fly. I do, though, as you mentioned, put a
great deal of emphasis on the various reviews, in particular,
the FAA's Office of Internal Audit, and also the reviews that
are going on under the auspices of the Technical Advisory
Board, which is going to take an independent look, and I
believe the FAA used the term ``inform'' its decision as to the
certification of the aircraft to fly again. It is--you've got
the FAA, the Air Force, Volpe, and NASA, and none of those
experts were involved in the certification of the aircraft, so
I think that should give the public confidence in the airplane.
The rest of the program writ large, we need to see where
the--where all the other investigations and reviews come out to
see if those processes need to be addressed or whether there
were individual failures that need to be addressed.
Senator Baldwin. Thank you. Last Congress, the Congress
passed a 5-year FAA reauthorization, and the bill included a
number of reforms from a measure I worked on, the Air Carrier
Access Amendments Act, to protect the rights of passengers with
disabilities in air transportation. Those reforms included the
creation of an advisory committee on the air travel needs of
passengers with disabilities as well as the development of an
airline passengers with disabilities bill of rights. If
confirmed, do I have your commitment that the FAA will work to
implement these important reforms without delay?
Mr. Dickson. Yes, Senator. One of my top priorities is
going to be looking at where the agency is on the many items
that were contained in the reauthorization in terms of
implementation, and this is certainly very high on the list.
Senator Baldwin. Great. Also passed was my amendment
directing the FAA to establish community and technical college
centers of excellence to train students for career
opportunities related to expanding the use of small unmanned
aircraft. The FAA has already missed, unfortunately, a deadline
to establish a process to designate schools as centers of
excellence. If confirmed, do I have your commitment that the
FAA will designate those centers of excellence without delay?
Mr. Dickson. Senator, if confirmed, this is something that
I'll be looking into again along with the other issues that you
mentioned to make sure that we implement it as quickly as
possible.
Senator Baldwin. Thank you. Finally, we have a real need to
ensure that there are enough qualified airline pilots in the
future to continue providing reliable air service to rural
airports across the country, and we must do so without
shortchanging safety. One piece of that work--as one piece of
that focus, I've introduced the bipartisan American Aviator Act
to increase career opportunities for veterans who are not
already military pilots. If confirmed, what more can we count
on the FAA doing to break down barriers that may impede our
veterans and other individuals from pursuing careers in
aviation as pilots and also much-needed maintenance
professionals?
Mr. Dickson. Well, this is a key part of I know the
Secretary's workforce initiative, the Forces to Flyers
initiative, that was promulgated some time ago. Also, I think
that both the Department and the FAA have a pretty big bully
pulpit that both can use to bring stakeholders together,
whether it's universities or technician training programs,
community colleges, as you mentioned. There has been a good bit
of work done, but it has been fairly fragmented, varies a
little bit by sector, and I see--I have seen even as I was
approaching retirement at my previous company more of a desire
to support young people through STEM programs and create more
sure pipelines to be able to get into a pilot or a technician
career, and I certainly would look forward to supporting those
efforts and taking an industry approach working, again, with
all stakeholders if I'm confirmed.
Senator Baldwin. Thank you.
And thank you, Mr. Chairman.
The Chairman. Thank you, Senator Baldwin.
Senator Blumenthal asked for an opportunity to have a
second round of questioning. So he will be recognized. And then
if Senator Gardner completes a scheduled phone call, he may be
back in for his first round of questioning.
So, Senator Blumenthal.
Senator Blumenthal. Thanks, Mr. Chairman. And thank you
very much for giving me this second round. Thank you for your
patience and enduring a second round.
I wanted to ask you first about the issue of diverting
planes from major airports in bad weather. As you know, Bradley
Airport is in between two major airports or centers of air
traffic, Boston and New York, and frequently is the host with
very little notice to aircraft that need to land safely
somewhere, which is understandable and we welcome those
flights. But understanding that the pilots make a final
decision on where to divert, can the FAA do more to educate
pilots about all of the viable airport options that may exist
nearby when one airport is reaching capacity?
Mr. Dickson. Well, thank you for the question, Senator. And
actually I would say, if confirmed, that's something that I--I
would be happy to look into. It's not only a pilot issue;
frankly, it's an issue with, in the case of a scheduled
airline, how the coordination between the airline ops center
and the captain works. We need to be very careful. The captain
is in command of the aircraft and is always--you know, that
authority can't be infringed upon, but sometimes there may be
an equal choice and--between two airports, and if we can,
through modern communications, be able to get that information
to the crew in a timely manner, that can help with the process.
I'm happy to work on that.
Senator Blumenthal. Thank you. I wanted to follow up on
Senator Duckworth's question about the 1,500-hour rule. And as
you well know, both Secretary Chao and your predecessor, Acting
Administrator Elwell, have committed to leaving the 15-hour
rule untouched unless directed differently by an act of
Congress. Will you make the same commitment?
Mr. Dickson. I'm not familiar with--with that particular
commitment, but, again, I have--I think that my response to
Senator Duckworth was intended to get to the same place, which
is I would never do anything to--to water down the current
protocol; I think it has been very successful. But I do think
that we need to recognize that our safety system is--needs to
continue to improve each and every day. We need to be all about
continuous improvement. And so if--if there is a better
mousetrap out there and we all agree on that, then that is
certainly where I think the agency would need to move.
Senator Blumenthal. I think the 15-hour rule is widely
accepted to be a good standard. Maybe there's a better
mousetrap, but I think the burden of proof is on anybody
seeking to change that 15-hour rule.
Mr. Dickson. And, Senator, just to be clear, I have no
intentions of disturbing that.
Senator Blumenthal. I want to finally just ask you about a
provision of the FAA Reauthorization Act that related to a
commitment on studying the seat pitch, width, and length of
seats in airplanes. Included in the legislation, the
reauthorization legislation, was a provision that directs the
FAA within one year to establish minimums for seat pitch,
width, and length in airplanes. We have yet to see the FAA take
any action. I would like your commitment that you will indeed
meet that deadline for reviewing the minimums for seat pitch,
width, and length.
Mr. Dickson. Well, Senator, I'm aware of the provision.
With respect to the deadline, I don't have visibility into how
the FAA is executing all of the reauthorization provisions, but
it is certainly something that I'm--that I plan--would plan to
look into and work with you on.
Senator Blumenthal. Because the seat configuration in
airplanes often is a matter not just of convenience and
comfort, but also safety. Would you agree?
Mr. Dickson. I--I understand that that could--that is a--an
item of concern, yes.
Senator Blumenthal. And let me just conclude because I see
my colleague Senator Gardner has come back. You know, I
understand that your demeanor here is extremely measured and
deliberate, as you remarked earlier, but I hope that you will
bring to this issue of safety the kind of passion and
impatience that the flying public feels at the moment. There
are a lot of pilots and a lot of potential passengers who
simply will not get on a 737 right now, they will not board a
737 MAX. I've talked to many of them. And we're talking here
about our families, our friends, our neighbors, who feel this
crisis and confidence in a very direct and immediate way.
That's the reason that I've urged an independent and robust
review by some kind of outside authority, perhaps designated by
the FAA, to win back the confidence that we all feel has to be
restored, and it's not only for the 737 MAX, I think it is for
the FAA as well.
One of the areas of doubt and even distrust relates to
pilot training. The report said there was no pilot training in
connection with the potential malfunctions of the sensors or
MCAS. It's deeply troubling.
So I would just like to urge you that you, in your action,
maybe not your words today, but in the action that you take,
bring that kind of passion and impatience to bear because I
think in the long run, it's necessary for the credibility of
your agency.
Mr. Dickson. Senator, I appreciate your perspective, and I
take it to heart. And again on the issue of training, it's very
important that pilots have all the information and training
that they need to be able to operate the airplane at the
highest levels of safety. That's not in question. What is in
question in my mind is exactly what happened in this particular
circumstance, and we need to get to the bottom of it, and I
certainly would intend to do that.
Senator Blumenthal. It's this particular circumstance, but
it's also the systemic failures that led to these
circumstances. I think that that broader set of issues has to
be confronted.
Mr. Dickson. I understand that, Senator, and I--that's when
I was referring to process versus individual failures, that's
what I--that's what I was getting at, is if there are broader
issues beyond this particular situation, they certainly need to
be addressed.
Senator Blumenthal. Thank you.
Mr. Chairman, I appreciate the opportunity to ask these
additional questions. And I'd like to ask that the two articles
that have been referenced earlier, the Wall Street Journal
article of May 14 and the CNN article of today, both be made a
part of our record.
The Chairman. Without objection they will be made a part of
the record.
Senator Blumenthal. Thank you.
[The information referred to follows:]
The Wall Street Journal
FAA Didn't Treat Suspect 737 MAX Flight-Control System
as Critical Safety Risk
By Andy Pasztor, Andrew Tangel and Alison Sider--Updated May 14, 2019
7:37 p.m. ET
Conclusion is part of internal agency review of jetliner certification
process
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The FAA's findings won't be the definitive word on the approval
process for Boeing's beleaguered 737 MAX fleet. Shown, a Boeing 737
assembly facility in Renton, Wash., in March. PHOTO: TED S. WARREN/
ASSOCIATED PRESS
An internal Federal Aviation Administration review has tentatively
determined that senior agency officials didn't participate in or
monitor crucial safety assessments of a flight-control system for
Boeing Co.'s 737 MAX jet later implicated in two fatal crashes,
according to industry and government officials.
The preliminary conclusion, which hasn't been reported before, may
be discussed at a House Transportation subcommittee hearing Wednesday.
It is part of the first official investigative findings on how the MCAS
system, whose misfire led to the pair of accidents costing 346 lives,
ended up in the now-grounded MAX fleet despite its potentially
hazardous design.
The results, these officials said, also indicate that during the
FAA certification process for the 737 MAX, Boeing didn't flag the
automated stall-prevention feature as a system whose malfunction or
failure could cause a catastrophic event. Such a designation would have
led to more intense scrutiny.
FAA engineers and midlevel managers deferred to Boeing's early
safety classification, the inquiry determined, allowing company experts
to conduct subsequent analyses of potential hazards with limited agency
oversight. Boeing employees who served as designated agency
representatives signed off on the final design, according to people
familiar with the findings.
Over the years, the FAA increasingly has relied on so-called
authorized designees to act for the agency, with the goal of freeing up
government resources to focus on what are deemed to be the most
important and complex safety matters. Last year, Congress endorsed and
expanded the FAA's authority to utilize such company resources in
approving new aircraft, systems and parts.
The people who described the internal report didn't specify what
information and safety data Boeing shared with the FAA during the
approval process, a topic that is a major focus of various ongoing
investigations. Also at issue is whether agency officials performed any
assessment on their own about the system's initial safety
classification, according to aviation industry officials, pilot unions
and others tracking the investigations.
The FAA's administrative review, launched in March following the
second fatal 737 MAX crash, didn't uncover any effort by Boeing to
flout certification rules or intentionally provide faulty data to the
FAA, according to people familiar with the findings.
But it remains unclear what formal processes the FAA had in place
to conduct an assessment independent of the initial determination by
the Chicago-based company that MCAS wasn't critical to safety and
therefore didn't warrant close FAA scrutiny.
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Topics covered by the internal review are likely to come up during
testimony by acting FAA chief Daniel Elwell to the House subcommittee.
The hearing is expected, among other things, to delve into FAA
decisions to certify the MAX as the latest version of a decades-old
design, and the extent to which computer analyses and actual flights
were used to test MCAS. In recent weeks, lawmakers also have raised
questions about staffing levels inside the agency, the anticipated
schedule to return the jetliners to commercial service and Boeing's
failure to widely share safety details before and after the dual
crashes.
The hearing comes as a Justice Department probe into the aircraft's
initial approval, previously reported by The Wall Street Journal, has
broadened to include subpoenas issued to pilot unions as well as
airlines. Some unions have complained about what they call Boeing's
lack of transparency as well as its shifting safety explanations of
MCAS-related matters.
Boeing designed the flight-control system to rely on a single
sensor to verify data about the angle of a plane's nose. Investigators
have said that in both accidents, errant data from a single sensor
caused the MCAS system to strongly push down the jet's nose, eventually
causing a steep and fatal dive.
Boeing and the FAA are now working on a software fix that will feed
MCAS with information simultaneously from two sensors, and immediately
shut down the system if data streams significantly differ.
In its original analysis of MCAS, Boeing considered the potential
for erroneous data from a single sensor, according to a person familiar
with the matter. But in the end, company officials have said, Boeing
determined that dual sensors weren't required because trained pilots
would know to turn off MCAS using established cockpit procedures.
That reasoning is one of the matters investigators are examining,
according to people with knowledge of the probes.
SHARE YOUR THOUGHTS
Should the FAA defer to airline manufacturers when it comes to
determining which systems are critical to a plane's safety? Join the
conversation below.
Boeing's description of MCAS came up in talks with pilot unions
after the first MAX crash in October in Indonesia. In contrast to the
company's early stance that the system wasn't deemed critical for
safety, Boeing executive Mike Sinnett described it as ``flight-critical
software'' in explaining to American Airlines pilots why a software fix
shouldn't be rushed, according to the group's president, Capt. Dan
Carey, who reviewed a recording he made of the November meeting.
A Boeing spokesman said Mr. Sinnett disagreed with Mr. Carey's
characterization.
In describing the approval process, a Boeing spokesman has said,
``The FAA considered the final configuration and operating parameters
of MCAS during MAX certification and concluded that it met all
certification and regulatory requirements.''
At the November meeting with Mr. Sinnett and other company
officials, the pilots union's safety chairman asked Boeing to push the
FAA to order software fixes for 737 MAX planes. ``It would have set
them down,'' Capt. Mike Michaelis said Tuesday of the emergency action
he urged at the meeting at union headquarters in Fort Worth, Texas. His
request was earlier reported by the New York Times.
Boeing said it is committed to learning from both MAX accidents and
``ensuring that similar accidents never happen again.''
Previously, an FAA spokesman said the agency is determined to
unravel the precise actions and sequence of events that resulted in the
troubled plane's approval in 2017. ``There are several independent
reviews of both Boeing and FAA processes regarding the certification of
MAX and, specifically, the aircraft's automated flight system,'' the
spokesman said.
In testimony to the Senate Commerce, Science and Transportation
Committee two months ago, Mr. Elwell said detailed safety assessment
and approval of the suspect system was ``delegated,'' or handed over,
to Boeing relatively early in the approval process under standard
procedures. But he didn't tell senators how that initial decision was
reached or exactly what role FAA officials played in subsequent safety
assessments.
Readers Weigh In
How should the FAA and manufactures work together to ensure
passenger safety?
``I do not believe the FAA should defer to manufacturers. There is
simply too much at risk!''--Susan M Koehne
The FAA's findings won't be the definitive word on the approval
process for the beleaguered MAX fleet. The U.S. Department of
Transportation, Federal prosecutors and the staff of the full House
Transportation and Infrastructure Committee are all looking into
details of the certification, including whether Boeing misled or
provided incomplete information to the FAA.
Several outside advisory groups, including one composed of eight
foreign regulators, also are examining related issues surrounding
certification of the 737 MAX. None of those other inquiries has yet to
yield preliminary findings.
In recent days, pilot unions for the three U.S. operators of the
737 MAX--Southwest Airlines Co., American Airlines Group Inc., and
United Continental Holdings Inc.--said they received subpoenas. Former
Boeing employees, including some who worked on the MAX, have also
received broad subpoenas for documents related to the aircraft.
Southwest and American have also received subpoenas,
representatives for the airlines said. A spokesman for United declined
to comment.
______
Boeing Faces $1 Billion Financial Hit from 737 MAX Grounding
Pilot unions at American and Southwest have criticized Boeing for
not including details about MCAS or its potential hazards in pilot
manuals or training. Southwest has said the carrier learned only after
the Oct. 29 crash of a Lion Air 737 MAX that cockpit warnings related
to sensors that trigger MCAS were installed on the aircraft but not
working. United has said it learned after the March 10 crash of an
Ethiopian Airlines jet.
For FAA critics such as Rep. Peter DeFazio, the Oregon Democrat who
chairs the full Transportation and Infrastructure Committee, the
agency's internal review is likely to provide fresh ammunition for
complaints that the agency generally has delegated too much authority
to industry--including aircraft certification functions--often without
proper safeguards. Immediately after the U.S. MAX fleet was grounded in
March, Mr. Fazio questioned why MCAS was approved without informing
pilots or mandating additional training. ``When you create a new system
that is very different and complicated in that [pilots] have to
override it,'' he said in an interview with the Journal, ``I think
there should have been specific notification and required retraining.''
Write to Andy Pasztor at [email protected], Andrew Tangel at
[email protected] and Alison Sider at [email protected]
Appeared in the May 15, 2019, print edition as `FAA Left 737 MAX
Review To Boeing.'
______
CNNPolitics
FAA officials in hot seat as world awaits Boeing 737 Max fix
By Gregory Wallace, CNN--Updated 6:50 PM ET, Wed May 15, 2019
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
VICTORVILLE, CA--MARCH 27: A number of Southwest Airlines Boeing
737 MAX aircraft are parked at Southern California Logistics Airport on
March 27, 2019 in Victorville, California. Southwest Airlines is
waiting out a global grounding of MAX 8 and MAX 9 aircraft at the
airport. (Photo by Mario Tama/Getty Images)
(CNN)--The acting head of the Federal Aviation Administration
raised concerns Wednesday both with the actions of pilots whose 737 Max
jets crashed, and the decisions of his agency and planemaker Boeing.
Acting administrator Daniel Elwell delivered his most pointed
assessment to date in comments before Congress of the Lion Air pilots
whose plane crashed last October. They did not identify and use an
emergency checklist that could have disabled the automated system--the
Maneuvering Characteristics Augmentation System, or MCAS--that pushed
the airplane downward, he said.
But, he acknowledged, Boeing should have included more information
about that faulty stabilization system--new for the 737 Max--in its
pilots manual. The existence of the system was not revealed in the
manual prior to that crash, leaving pilots in the dark.
``As a pilot, when I first heard about this, I thought there should
have been more text in the manual about MCAS,'' Elwell, a former
military and commercial pilot, said.
Elwell took questions from House lawmakers about the certification
of the 737 Max, its process for allowing planemakers to sign off on
certification decisions, why MCAS was not subject to a more rigorous
review, and how FAA will go about evaluating the airplane's safety and
returning it to the skies.
The 737 Max 8 and 9 were grounded worldwide after a second crash in
Ethiopia two months ago that investigators have described as appearing
similar to the Lion Air flight, which ended with a plunge into the Java
Sea. Between the two crashes, 346 people died.
Elwell said FAA expects to receive a Boeing software update and
pilot training plan to fix the problem ``in the next week or so.'' The
FAA has scheduled a May 23 meeting with its worldwide counterparts.
He also promised to learn lessons from multiple ongoing reviews.
There's an ongoing criminal probe, an advisory panel set up to help
review Boeing's proposed fixes, a blue ribbon commission to review
FAA's certification practices, and an international collaborative
review into the Max.
The Trump administration's nominee to lead the FAA, Stephen
Dickson, testified simultaneously at a separate hearing on the Senate
side of the Capitol. In his first public comments on the Max, Dickson
pledged to ``be the captain of the ship'' and oversee improvements to
FAA practices.
Since Elwell's last testimony before Congress, news reports have
revealed how the FAA certification process allowed Boeing officials
with authority delegated from the FAA to certify their company's own
work.
Elwell identified shortcomings of his own agency, including the
assignment of less stringent review standards for the MCAS system than
for items deemed critical to the aircraft's safety.
``I didn't make that designation, but it seems to me yes, it is''
critical, he said.
He also expressed ``concern'' that Boeing did not notify regulators
or customers for about a year after identifying a cockpit alert light
that should have illuminated when the angle of attack sensors drew
divergent readings. The alert, which could have given the pilots
additional information, was supposed to be standard on all Max planes
but was only operational on those airlines that had paid for an
optional upgrade. Preliminary crash reports revealed bad data flowing
into the MCAS system, triggering the automatic lowering of the
aircrafts' noses, and ultimately the fatal dives.
But he also drew from investigators' public preliminary reports to
find fault with how the pilots handled the malfunctions.
The Ethiopian pilots, he said, ``didn't adhere to the emergency
(Airworthiness Directive) that we put out'' after the Lion Air crash.
Although the pilots did cut power to the MCAS system, ``they never
controlled their airspeed,'' and finding the manual process outlined in
the checklist difficult, ultimately turned the automated system back
on.
It is not clear that the pilots would have had enough altitude to
correct the issue, aviation experts, including pilot union officials,
have told CNN.
The emergency flight procedure specified in that directive has not
been substantially updated since the 1960s and is now under FAA review,
CNN recently reported.
Ahead of Elwell's testimony, the Allied Pilots Association, a major
union, released audio of a conversation its leadership had with Boeing
officials last November, after the Lion Air crash.
``We're the last line of defense to being in that smoking hole and
we need the knowledge,'' one unidentified pilot is heard saying on the
tape, which was first reported by The New York Times.
Captain Daniel F. Carey, a union official, said in a statement the
audio shows ``Boeing did not treat the 737 Max 8 situation like the
emergency it was.''
Boeing responded in a statement on Wednesday saying it is ``focused
on working with pilots, airlines and global regulators to certify the
updates on the Max and provide additional training and education to
safely return the planes to flight.''
This post has been updated with additional developments Wednesday.
The Chairman. And, Senator Blumenthal, let me just observe
that you, too, are very measured in your demeanor, but no one
doubts the passion that you bring to this issue.
Senator Blumenthal. Thank you.
The Chairman. And I have every confidence that Mr.
Dickson's deliberate approach to all of these issues will serve
us well.
So thank you very much.
And Senator Gardner is now recognized.
STATEMENT OF HON. CORY GARDNER,
U.S. SENATOR FROM COLORADO
Senator Gardner. Thank you, Mr. Chairman.
Thank you, Mr. Dickson and your family, for very patiently
and with great diligence going through this hearing today.
Thank you very much.
Obviously, aviation is a huge issue for Colorado, a huge
job creator, a huge industry driver. If you look at Denver
International Airport, if you look at the work we've done
around the State in aerospace as well, an announcement
yesterday by the Department of Defense that four of the six
cities in the running for U.S. Space Command are located--four
of the six facilities located in Colorado, just highlighting
again I think the importance of aviation space, aerospace, and
the work that we're doing there.
One big concern, though, is something that has been
happening over the past year now, and we discussed this in our
office, was this issue of the Denver Metroplex process, part of
the NextGen initiative. I think I shared with you at the time
concerns that I continue to hear from my constituents in a
number of communities across the Front Range, significant
concerns about changes in flight paths and their potential
airplane noise and what it would mean to the Denver area. It's
important the FAA conduct a process that's both transparent and
thorough, avoiding some of the problems that we've seen around
the country.
Could you share perhaps an update of where the FAA is in
its Denver Metroplex process?
Mr. Dickson. Well, Senator, I agree that the--and this is
one of my--again one of my primary priorities is stakeholder
engagement, and this is where it's writ large. It is engaging
communities and airports, frankly, fully as the new, more
modern flight procedures are put in place.
So with respect to the Denver Metroplex, I know that there
were several local town hall sessions that were put in--that
were conducted over about a 6-week period, and my understanding
is the FAA has taken all of that into the process and will
incorporate that--that public comment into future flight
procedures.
So I think it's very important going forward, and it's
certainly something that I'll look into if I am confirmed.
Senator Gardner. Thank you.
Mr. Dickson. Beyond that, I don't have specific visibility
on where they are with the flight procedures for Denver, but I
do think that it illustrates the point that we need to have the
communities and the airports involved in these designs up
front. It's much more difficult to alter them after the fact.
Senator Gardner. But you will commit to addressing local
concerns?
Mr. Dickson. Yes, sir.
Senator Gardner. And to being open dialogue, open to
dialogue with residents, stakeholders, who are part of the
Metroplex process if confirmed?
Mr. Dickson. Absolutely. And as with any of these issues,
they are important economic issues, important, you know, local
community issues, as well as noise and other concerns that the
community would have, and that's--that's best handled in as
open and as transparent of an environment as we possibly can
have.
Senator Gardner. Thank you, Mr. Dickson. Thank you for your
willingness to serve.
Thank you.
The Chairman. Thank you.
Mr. Dickson, we had 20 members of this Committee attend
this hearing today, and 16 got to ask questions. I think you
acquitted yourself very capably, and I'm very impressed. So
thank you.
At this point, let me announce that the record will remain
open for one week. During this time, Senators are asked to
submit any questions for the record with the final submission
deadline being close of business on Wednesday, May 22, 2019.
Mr. Dickson, the Committee asks that upon your receipt of any
questions for the record, you submit your written answers to
the Committee as soon as possible, but no later than close of
business on Wednesday, May 29, 2019.
Thank you very much, sir.
We conclude the hearing. And the Committee expresses its
appreciation.
Mr. Dickson. Thank you, Chairman.
The Chairman. This hearing is closed.
[Whereupon, at 12:09 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Thune to
Stephen M. Dickson
Question 1. Mr. Dickson, as a result of the 737 MAX crashes in
Indonesia and Ethiopia, several reports have raised questions about the
aircraft certification process, specifically when it comes to automated
flight control systems. In response, the Federal Aviation
Administration (FAA) established a Joint Authorities Technical Review
Board--which includes experts from 9 civil aviation authorities
worldwide as well as the National Aeronautics and Space Administration
(NASA) and the FAA--to review the certification of the 737 MAX's
automated flight control system.
Additionally, the FAA established a Technical Advisory Board, which
includes representatives from FAA, NASA, and the United States Air
Force, to review Boeing's update to the Maneuvering Characteristics
Augmentation, or MCAS, software.
Depending on the findings of these two Boards, it is likely that
the decision to return the 737 MAX to service would be among the first
major actions you take if confirmed as Administrator. Can you speak to
how you would proceed in making this important decision?
Answer. If confirmed prior to the ungrounding of the Boeing 737
MAX, my priority will be to gather all the facts before making any
decisions. Additionally, I would plan to solicit the advice and review
recommendations of the Technical Advisory Board (TAB) and further
engage with foreign civil aviation authorities about FAA's findings and
path forward. Finally, I will remain engaged with the appropriate
Congressional committees of jurisdiction throughout the process so that
Congress is continually apprised of status and next steps as we
continue to work through this situation.
Question 2. Mr. Dickson, the FAA Reauthorization Act of 2018 (P.L.
115-254) required the FAA to establish an Organization Designation
Authorization (ODA) Office within the Office of Aviation Safety,
improving the operational safety of the existing ODA program by
strengthening oversight of ODA holders delegated to perform certain
functions on behalf of the FAA. The FAA established the ODA office on
March 5, 2019.
A. As a former employee of an ODA holder, could you speak to your
experience with the program?
Answer. My experience is in Flight Operations, which does not use
ODA. Delta's ODA resides in Technical Operations, and as I understand
it, only pertains to aircraft interiors, not airframes and power
plants. However, I do have considerable experience with FAA designees
in the form of line check pilots (LCPs) and aircrew program designees
(APDs). These designees perform certain certification activities
pertaining to pilot qualification on new aircraft, under the
supervision of fleet leadership and the FAA operations inspector for
that fleet. The LCP and APD programs resulted in much more effective
and realistic pilot training and qualification programs, and also more
effective oversight by the FAA Certificate Management Office. The
sharing of safety, operational and training data with the agency is
very powerful and facilitated the FAA being much more proactive and
engaged in value-added safety activity in collaboration with the
carrier, and also much more effective in terms of compliance oversight.
Instead of waiting for a violation to take action, in many cases the
FAA team was able to help identify issues before they became a
compliance or safety concern.
B. The FAA Reauthorization Act of 2018 bill also established an
expert review panel to survey ODA holders and evaluate the
effectiveness of the ODA process generally. If confirmed, will you
commit to using the panel's recommendations to improve the ODA program?
Answer. If confirmed, I will commit to reviewing and implementing,
as appropriate, the panel's recommendations to improve the ODA program.
______
Response to Written Question Submitted by Hon. Jerry Moran to
Stephen M. Dickson
Question. Mr. Dickson, the ability to fly drones beyond visual line
of sight is the key to advanced drone operations being explored by the
Kansas Department of Transportation in the UAS Integration Pilot
Program. Beyond visual line of sight operations will unlock precision
agriculture and long-line infrastructure operations that are key to the
Kansas economy. Current waivers in the UAS Integration Pilot Program
enabling beyond visual line of sight activity rely heavily on ground-
based radars. However, the idea that ground-based radars every 3 miles
across the country as the only means of supporting beyond visual line
of sight drone flights is simply not scalable.
If confirmed, how will you lead the FAA to ensure we can safely
integrate beyond visual line of sight drone operations into the
national airspace harnessing safety solutions such as unmanned traffic
management?
Answer. Safely integrating drones into the airspace will be one of
my top priorities if I am confirmed. Allowing for broad application of
beyond line of sight operation of UAS is a key aspect of unlocking the
innovation opportunities for drone operations. I appreciate the work
and leadership that Kansas is demonstrating in this effort.
In order to allow for the safe management of low altitude drone
operations, I will work to finalize several of the rulemakings
associated with UAS which are currently working their way through the
regulatory process.
______
Response to Written Question Submitted by Hon. Dan Sullivan to
Stephen M. Dickson
Question. As an Assistant Secretary of State in the George W. Bush
Administration, I worked closely on U.S. Open Skies policy and oversaw
the negotiation of a number of significant agreements, including with
the EU and Japan.
(DOT's Office of the Assistant Secretary for Aviation and
International Affairs, with assistance from the State Department, is
responsible for negotiating bilateral agreements and awarding U.S.
airlines the right to offer services provided for in those agreements.)
Since 1992, the United States has reached 120 open skies agreements
governing international air passenger and air freight services. The
U.S. Open Skies policy is one of the most successful economic and
diplomatic initiatives in American history, expanding air service
access to U.S. communities, stimulating economic growth, and creating
jobs for American workers at home and abroad.
As a member of the Senate Armed Services Committee, I see our more
than 120 Open Skies agreements in the broader context of international
agreements, often with important geopolitical allies, that must be
fully and consistently honored, and never cavalierly breached.
Open Skies allows U.S. airlines to maintain global delivery
networks to transport troops and vital supplies for the military. The
policy is critical to maintaining military readiness. Our cargo
airlines rely on the fifth-freedom traffic rights found in each and
every one of our Open Skies agreements to operate its global network.
If Open Skies agreements were restricted and invoked retaliation from
our international partners, it could impede military readiness by
causing significant delays in the transportation of vital supplies
needed to ensure military readiness.
Such a change in policy could also do enormous damage to America's
world-leading all-cargo airlines, which are hugely important to Alaska
and an engine of economic growth. We have one of the world's best cargo
hubs (Ted Stevens Anchorage International Airport is number two in U.S.
for landed cargo weight, and number six in the world for cargo
throughput). The most current economic data representing the Alaskan
aviation industry estimates there is about $3.5B worth of economic
activity, generated through 47,000 jobs and comprising 8 percent of
Alaska's gross state product.
I noticed in the Potential Conflicts of Interest section of the
Nominee Questionnaire, you disclosed that you did work advocating on
behalf of the position taken by some of the U.S. network airlines in
opposition to the expansion of the Persian Gulf carriers.
I recognize the Secretary of Transportation, and the DOT's Office
of the Assistant Secretary for Aviation and International Affairs,
would take the lead in any conversations regarding Open Skies or any
disputes with our carriers. However, I imagine you may find yourself in
a situation to share your opinion.
Given that you have history advocating on one side of this
controversial issue, will you commit to being objective in any
discussions on Open Skies that could lead to potential retribution from
other nations?
Answer. Open Skies has long been a central element of U.S.
international aviation policy. It is my understanding that the
Administration continues to recognize its great importance to the
Department's diverse aviation stakeholders, and if confirmed I will
support the Administration's views on the Open Skies policy. I also
understand that the Administration attaches great importance to a level
playing field for U.S. companies, and has demonstrated a willingness to
reexamine existing agreements and to take measures necessary to ensure
those agreements are working for the United States.
I share Senator Sullivan's understanding that the controversy
surrounding the Gulf carriers--which affects U.S. airlines, labor,
communities and the traveling and shipping public directly--is handled
by the Office of the Secretary (OST), in coordination with other
government agencies. Recognizing that the issue is fundamentally a
commercial concern, rather than a safety oversight matter, I would not
anticipate having direct involvement in its resolution if I am
confirmed as FAA Administrator. I can assure Senator Sullivan, however,
that if OST were to seek my insight or advice and I am not recused from
the specific matter, I would respond in an objective and fact-based
manner. I can also express my commitment to work with the Senator and
his staff were any issues to arise related to the Gulf carrier
controversy or Open Skies policy discussions that could lead to
retribution by other nations to arise within the FAA context.
______
Response to Written Questions Submitted by Hon. Shelly Moore Capito to
Stephen M. Dickson
Question 1. After the crash of Colgan Air Flight 3407 in 2009,
Congress raised the minimum experience of airline pilots from 250 to
1,500 hours. Since then the U.S. aviation system has experienced a
record level of safety.
Beyond pilot hours, how does the pilot training in the United
States differ from the requirements of foreign nations?
Answer. Each country has the authority to set training standards
for pilots that fly for their air carriers. In the United States, we
have extensive requirements for training commercial pilots, and our
training and experience requirements exceed the minimum standards of
the International Civil Aviation Organization (ICAO). The FAA leads in
the development of international standards promulgated by ICAO, and
also actively supports and promotes implementation of these standards
within individual countries. Here in the U.S. we also have an important
mechanism called the International Aviation Safety Assessment (IASA)
program. This program ensures that the civil aviation authorities of
foreign countries are meeting those minimum ICAO standards and are
appropriately certifying their operators that have direct service to
the U.S. or a carrier that codeshares with U.S. carriers.
Question 2. My understanding is that Boeing has already developed a
Maneuvering Characteristics Augmentation System (MCAS) software update
in order to provide addition layers of protection when angle of attack
(AOA) sensors provide erroneous data. Final approval of the fix by the
FAA will take a significant amount of time as they conduct their own
evaluations and receive foreign regulatory feedback.
If confirmed as FAA Administrator, how can the FAA renew confidence
in the public about flying domestically and internationally?
Answer. It is my experience that the FAA is always looking to
further improve its processes. Additionally, in my testimony before the
Committee I emphasized that the FAA should be the global leader in
safety, with a culture of continuous improvement. Safety is very much a
journey, not a destination, and we always need to find ways to continue
to improve. It is my understanding that that is why Secretary Chao
called for an independent review of the aircraft certification process;
the FAA formed a Joint Authorities Technical Review with international
partners to review the certification of the 737 MAX automated flight
control system; and the FAA established a Technical Advisory Board to
review Boeing's MCAS software update and system safety assessment. I
look forward to reviewing the recommendations of these independent
panels of experts, and if confirmed by the Senate, leading the FAA in
taking any actions that are necessary to further improve the safety of
our system.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Stephen M. Dickson
Impact of obstructions on One Engine Inoperative procedures. Mr.
Dickson, in 2014, FAA issued a Proposal to consider the impact of One
Engine Inoperative (OEI) procedures in the aeronautical study process
that is conducted under 14 C.F.R. part 77. This is the process by which
FAA determines whether construction or alteration of a structure will
be an obstruction in the navigable airspace. If so, the agency then
conducts aeronautical studies to evaluate adverse impacts on the safe
and efficient use of the airspace.
The purpose of the underlying statutory framework is to avoid
construction of any structures that would conflict with the safe and
efficient use of the national airspace. In making ``hazard''
determinations under Part 77, FAA currently only considers aircraft
operating under standard conditions, not ``emergency'' situations like
One Engine Inoperative procedures where an engine fails on departure.
However, an engine failure prevents aircraft from climbing at the
standard rate. Therefore, structures near airports can create safety
risks to emergency operations even if they would not harm standard
departure procedures. Airports across the country are facing increasing
encroachment from development, and if FAA continues to avoid analysis
of impacts to emergency OEI procedures, decreased safety could result.
Question 1. Can I have your commitment to prioritize this issue and
swiftly finalize FAA's proposal to consider OEI procedures in the Part
77 process?
Answer. It is imperative that the airspace is safely and
efficiently managed, particularly during takeoff and landing. If
confirmed, I look forward to learning more about this issue and its
current status at the FAA. I commit to working with you to address your
concerns.
Temporary flight restrictions over large gatherings. It has been
brought to my attention that FAA is unable to grant temporary flight
restrictions (TFRs) for major events such as concerts, even when they
are held in venues were TFRs are regularly granted for sporting events.
These concerts often draw a similar and sometimes larger crowd than the
sporting events that take place in these venues. While the organizers
for the sporting events are able to use the TFR as a tool in their
efforts to maintain safety of attendees, the organizers for these
concerts are not able to use this as another tool in their massive
undertaking to keep their patrons safe during an event. I see no reason
to draw a distinction between protecting large gatherings in the same
venue based on the type of event they are gathered for. While I
understand a TFR will not stop a bad actor who intends to ignore the
rules, a TFR does help ensure that the airspace is clear of legitimate
aircraft, and makes identifying the bad actors easier.
Question 2. Are you willing to work with me to find a method for
other events, like major concerts, to request and obtain a TFR, if they
are held in the same venue and have the same crowd size as a sporting
event where TFRs are regularly granted?
Answer. Safety of the national airspace will be my top priority if
confirmed as Administrator. It's my understanding that the FAA will
issue a Temporary Flight Restriction (TFR) for large events like music
festivals if a Federal law enforcement partner identifies a security
threat. For sporting events, Congress has explicitly required the FAA
to issue a TFR. If confirmed, I look forward to working with you on
this issue.
Failure to disclose. Approximately two weeks after your June 5,
2019 confirmation hearing, the Committee was made aware of a
whistleblower claim brought against Delta Air Lines by a company pilot.
In her claim, which is currently pending before an Administrative Law
Judge at the U.S. Department of Labor, the pilot alleges she was
subjected to significant retaliation after communicating safety-related
concerns to Delta's Department of Flight Operations during your tenure
as Senior Vice President of Flight Operations. On October 31, 2018, you
were deposed in the course of the discovery process related to the
claim. The 270-page written transcript of your deposition was provided
to Committee staff at the time the whistleblower claim was first
brought to our attention.
Your failure to disclose this matter to the Committee is of major
concern. Further, the facts related to the whistleblower claim are
troublesome and suggest at least the possibility that the claim of
retaliation has merit.
In light of this development, please respond to the following
questions:
Question 3. Please explain why the whistleblower claim referenced
above was not disclosed to the Committee.
Answer. Thank you for the opportunity to explain. I interpreted the
Committee questionnaire, as well as the pre-hearing interview with
staff, to pertain to my personal conduct, my behavior both in general
and as an officer of a large public company, or any instance in which I
was a named party to a proceeding. There were four specific reasons I
took this approach:
1. In preparing my questionnaire submission and for the confirmation
hearing, I consulted extensively with experienced professional
DOT and White House staff. In these consultations, we discussed
how to handle legal disclosures, given the broad scope of
responsibilities and length of my tenure in my previous role at
a large public company. Everyone involved knew of the broad
scope of my previous responsibilities and the fact that over a
period of my 12-year tenure there would have been numerous
legal and administrative proceedings of one form or another
that the company would be involved in. During my tenure,
individual pilot matters were handled by an experienced cross-
divisional team and I had little to no direct involvement in
the process. In addition, since I had retired I no longer had
access to detailed information. That is why I responded ``yes''
and noted that my employer was in fact involved in legal
proceedings, but that I had never been named as a party in any
of them.
2. For additional guidance, I reviewed the individual submissions of
all nominees on the Commerce Committee website. In every case I
could find, similarly-situated nominees (partners at large law
firms, directors of corporations, officers at large companies)
indicated that their companies or organizations had been
involved in various legal proceedings, but did not list the
proceedings individually unless they had been a named party, or
acted as the decision-maker in the matter at hand.
3. Unlike the other sections of the questionnaire, Section C does
not ask for a list of proceedings. Additionally, since I had
been retired from my previous employer for several months by
the time I completed the questionnaire, I did not have access
to the details to enumerate each individual proceeding the
company was involved in.
4. With respect to this claim in particular, my involvement was
limited to one meeting with the pilot, and providing direction
to my leadership team to ensure that the appropriate follow-up
actions were completed and that the contractual processes were
followed so that the pilot was treated fairly in the review
process. Over the course of my tenure, matters pertaining to
individual pilots were handled by an experienced cross-
departmental team. In contrast, I was much more involved in
other proceedings where I was the decision-maker on matters
more strategic to the corporation--for example, flight deck and
crew rest provisioning, fleet decisions and matters pertaining
to the implementation of the Pilot Working Agreement.
Finally, I want to make clear that I understand your concerns
regarding this matter. My goal has been to be as transparent as
possible throughout this entire process. To that end, I have also met
with members of your Committee staff on multiple occasions before and
since my hearing and have offered to come in again if it is helpful.
Question 4. Do you still believe, as you stated during your
deposition, that the decision to refer the pilot who communicated the
safety concerns for a psychiatric evaluation that could result in the
revocation of her pilot's license was ``a sound course of action?''
Answer. Yes. Based on the information available at the time, the
company had to act in the best interest of safety. The referral was
made based on a credible report about statements the pilot made to
company officials and behavior she exhibited, which raised legitimate
questions about her fitness to fly. Out of an abundance of caution, the
company followed the process contained in the negotiated collective
bargaining agreement to ensure the pilot was safe to fly. The current
review process has been in place since 2000 and some form of medical
review has been in place at Delta since the 1940s. The process is, by
design, non-punitive and non-disciplinary and is intended to be fair to
the pilot by providing full pay and benefits during the review. It is
focused on having protocols in place to ensure crewmember fitness so
that the safety of the company's customers and employees is not
compromised. In fact, the 2015 Germanwings accident reminds us that the
traveling public demands that air carriers have programs and protocols
to assess the health of their crewmembers.
Question 5. Are there other administrative agency proceedings,
criminal proceedings, or civil litigation involving you or Delta Air
Lines which you have failed to disclose to the Committee? If so, please
explain.
Answer. As noted above, I have never been personally named as a
party to any judicial, administrative or regulatory proceeding. As a
large airline, Delta has been involved in various judicial,
administrative and regulatory proceedings relating to its business.
During my tenure, individual pilot matters were handled by an
experienced cross-divisional team and I had very little involvement in
individual cases. Such cases were routinely handled by representatives
in Delta's Labor Relations and Legal Departments. Since I am retired
from the company, I no longer have access to detailed information.
However, I understand that Delta has provided some data directly with
the Committee for perspective. In addition to this data, in more recent
consultations with the company, I have become aware of a total of at
least 24 System Board of Adjustment cases (2-3 per year on average) and
approximately 200 disciplinary proceedings (16-20 per year or about .15
percent of the pilot population, ranging from terminations to
disciplinary letters) involving pilots during my tenure.
Question 6. Please advise if there is any additional information,
favorable or unfavorable, which you feel should be disclosed to the
Committee in connection with your nomination.
Answer. For additional perspective on the claim referenced above,
you may wish to consult with industry stakeholders that I have worked
with over my almost 40 years in aviation. I have led industry efforts
to advocate for aviation safety and innovation around the world. In
doing so, I have developed strong relationships with aviation industry
stakeholders in the U.S. and internationally, including manufacturers,
safety organizations, labor, RTCA, IATA and ICAO.
I believe I have the experience and personal qualities to lead the
FAA through an exciting time of tremendous change and opportunity. In
doing so we would collaborate with industry stakeholders to serve the
best interests of our country, the traveling public and all
stakeholders. System safety is the single most important part of the
FAA's mission across all lines of business, whether it is daily air
traffic operations, aircraft certification, regulatory oversight or the
integration of new entrants.
Long-Term Incentive Plan. In your April 12, 2019, ethics agreement
letter filed with the Office of Government Ethics, you reference a
March 7, 2019, agreement with Delta Air Lines, Inc. that cancels
certain ``adjusted cash performance awards and stock to be paid out
between 2020 and 2021,'' and instead allows these awards to be paid out
in a lump sum prior to assuming ``the duties of the position of
Administrator.''
Question 7. Please explain the genesis of this agreement to cancel
your pending Long-Term Incentive Plan (LTIP) awards and instead award
them as a lump sum. Did you request it, or was it offered by the
company?
Answer. Neither. In connection with the nomination process, I
consulted with the Office of Government Ethics and the Department of
Transportation's Designated Agency Ethics Official to identify
potential conflicts of interest. As a result of my service as an
officer at Delta and my retirement, I have earned and would be entitled
to receive certain long-term incentive awards over the next two years.
In the discussions with the government ethics officials, I was informed
that I would not be able to accept compensation from Delta after
assuming duties as FAA Administrator because a continuing financial
interest in the company would require my disqualifications from matters
so central to the performance of the Administrator's duties that my
ability to perform those duties would be materially impaired.
Therefore, to comply with Federal conflict of interest requirements,
the ethics officials told me I would need to work with Delta to
accelerate the timing of those awards to eliminate a continuing
financial interest in the company, and that I needed to develop and
execute a written agreement with the company to reflect this. This is
the genesis of the agreement.
Question 8. Does this agreement modify any other standards terms of
Delta Air Lines, Inc's LTIP program, including confidentiality or non-
compete provisions?
Answer. No.
Question 9. Does the March 7, 2019, agreement with Delta Air Lines,
Inc. contain a provision requiring you to pay back any or all of the
lump sum payment if you are not confirmed by the Senate as, or do not
assume of the position of, Administrator of the Federal Aviation
Administration?
Answer. The agreement is specifically designed to avoid the
possibility of repayment. The accelerated timing of the long-term
incentive awards does not take effect until after confirmation by the
Senate, but before Presidential appointment. This way the conflict is
resolved before I assume the position of FAA Administrator. In the
unlikely event I am confirmed by the Senate and the accelerated payment
has been made, but for some reason I am not appointed or never assume
the position of FAA Administrator, I would then return the accelerated
payment and revert to receiving the awards consistent with the
scheduled terms of the original compensation plan. This is an extremely
remote possibility, but one that all parties felt needed to be
accounted for. Reverting back to the status quo in this instance would
put me back on the same footing with the same schedule as similarly-
situated retired officers.
______
Response to Written Questions Submitted by Hon. Amy Klobuchar to
Stephen M. Dickson
According to reports following the two fatal crashes of the Boeing
737 Max 8 aircraft in Ethiopia and Indonesia, senior FAA officials did
not review critical safety assessments of the aircraft's automated
flight-control system, which was implicated in both crashes--and was
not subjected to certain safety inspections by Federal government
officials in light of the fact that the FAA delegated certification
authority to Boeing.
Question 1. How will you ensure that the FAA exercises more
oversight over the authority delegated to private entities during the
certification process to ensure the safety of aircraft and aviation
systems?
Answer. Multiple reviews, audits, and investigations have been
initiated by the DOT and the FAA regarding the certification of the
Boeing 737 MAX, as well as the certification process in general. If I
am confirmed, I look forward to reviewing the recommendations of the
investigations, reviews and audits and am committed to making any
necessary changes to improve the rigor of the certification process to
ensure the continued safety of aircraft and aviation system, and above
all else, the travelling public.
Air traffic control (ATC) services are important to rural
communities and businesses, which rely on our country's ATC system to
help with transportation needs, health and medical emergencies, and
first responder functions. In 2016, you wrote in an op-ed in which you
stated that you oppose privatizing the ATC system--a proposal for which
the President has expressed support.
Question 2. Do you still oppose privatizing our Nation's ATC
system?
Answer. Any proposal to spin off the Air traffic control (ATC)
system would require the support of Congress and the Administration and
should be the result of national debate and consensus among all
stakeholders. ATC reform was proposed and considered during the 115th
Congress, but the necessary consensus did not develop. If ATC reform is
considered in the future and if I am confirmed, I look forward to
reviewing any such proposal and working with Congress on its merits.
Will you ensure that any changes to our ATC system consider
the needs of rural communities?
Answer. Rural access to aviation is critically important and, if
confirmed, I am committed to ensuring that our rural communities are
considered in any aviation reform proposal.
Aviation safety is a top priority for me. I have introduced
legislation with Senators Cantwell, Blumenthal, Markey, and Duckworth--
the Safe Skies Act--which would ensure that America's cargo plane
pilots have the same rest requirements as passenger pilots.
Question 3. Do you believe that the Department of Transportation
should require cargo pilots to operate under the same fatigue rules as
commercial airline pilots?
Answer. Currently, all part 121 air carriers, including cargo
carriers, must implement fatigue risk management plans to manage pilot
fatigue. These plans are performance-based and take into account
variations in the operating and business models of various carriers,
with the goal being one level of safety for every operator in the
system. Cargo carriers also do have flight time limitations and rest
requirements. They may choose to fly under the flight time limitations
of part 121 or may voluntarily choose to apply the limits of part 117.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Stephen M. Dickson
Failure to disclose a whistleblower retaliation lawsuit filed
against Delta in your Committee questionnaire. In 2016, a first officer
with Delta Airlines, Karlene Petitt, gave you and other Delta
executives a written report raising concerns about pilot fatigue, pilot
training, pilot training records and Delta's Safety Management Systems
programs. According to a lawsuit Ms. Petitt filed against Delta, after
she submitted the report, a human resources employee at Delta then
referred Ms. Pettit for a psychiatric evaluation and placed her on
leave without pay. It is my understanding that the Section 15 process
for psychiatric evaluations is uncommon and that this is a unique case.
You gave a lengthy deposition in the case, and yet you failed to
disclose this lawsuit and your involvement on the questionnaire you
submitted to the Committee. Given the current climate of safety
oversight at the Federal Aviation Administration (FAA), I find this
omission deeply concerning and potentially disqualifying.
Question 1. How many Section 15 psychiatric evaluations occurred
during your tenure at Delta?
Answer. Individual cases were not something I typically had
visibility into during my tenure. However, the review process is
extremely important in terms of ensuring pilots are fit to safely
perform their duties in commercial airline operations. This process is
contained within the collective bargaining agreement to protect the
traveling public, the pilots and the company. The implementation of
this specific action is routinely carried out using a well-established
cross-divisional human resources process. In fact, the 2015 Germanwings
accident reminds us that the traveling public demands that air carriers
have programs and protocols to assess the health of their crewmembers.
It is my understanding; other medical review processes are standard
across the commercial aviation industry.
In order to fully answer your question and be as forthcoming as
possible I have consulted with my former company. Given that I am now
retired, the data provided indicates on average somewhere between 3 and
4 Section 15 evaluations per year, with as few as 1 in a year and as
many as 6 in another. Some were for physical issues, others psychiatric
and some were a combination of the two. Therefore, I would estimate
approximately 30-45 evaluations during my tenure, which was over a 12-
year period overseeing a pilot workforce of 14,000+ employees.
Question 2. Given the unique nature of Ms. Petitt's case--coupled
with the current transparency concerns at the FAA--why did you choose
not to report this lawsuit on your Committee questionnaire?
Answer. Thank you for the opportunity to explain. I interpreted the
Committee questionnaire, as well as the pre-hearing interview with
staff, to pertain to my personal conduct, my behavior both in general
and as an officer of a large public company, or any instance in which I
was a named party to a proceeding. There were four specific reasons I
took this approach:
1. In preparing my questionnaire submission and for the confirmation
hearing, I consulted extensively with experienced professional
DOT and White House staff. In these consultations, we discussed
how to handle legal disclosures, given the broad scope of
responsibilities and length of my tenure in my previous role at
a large public company. Everyone involved knew of the broad
scope of my previous responsibilities and the fact that over a
period of my 12-year tenure there would have been numerous
legal and administrative proceedings of one form or another
that the company would be involved in. During my tenure,
individual pilot matters were handled by an experienced cross-
divisional team and I had little to no direct involvement in
the process. In addition, since I had retired I no longer had
access to detailed information. That is why I responded ``yes''
and noted that my employer was in fact involved in legal
proceedings, but that I had never been named as a party in any
of them.
2. For additional guidance, I reviewed the individual submissions of
all nominees on the Commerce Committee website. In every case I
could find, similarly-situated nominees (partners at large law
firms, directors of corporations, officers at large companies)
indicated that their companies or organizations had been
involved in various legal proceedings, but did not list the
proceedings individually unless they had been a named party, or
acted as the decision-maker in the matter at hand.
3. Unlike the other sections of the questionnaire, Section C does
not ask for a list of proceedings. Additionally, since I had
been retired from my previous employer for several months by
the time I completed the questionnaire, I did not have access
to the details to enumerate each individual proceeding the
company was involved in.
4. With respect to this claim in particular, my involvement was
limited to one meeting with the pilot, and providing direction
to my leadership team to ensure that the appropriate follow-up
actions were completed and that the contractual processes were
followed so that the pilot was treated fairly in the review
process. Over the course of my tenure, matters pertaining to
individual pilots were handled by an experienced cross-
departmental team. In contrast, I was much more involved in
other proceedings where I was the decision-maker on matters
more strategic to the corporation--for example, flight deck and
crew rest provisioning, fleet decisions and matters pertaining
to the implementation of the Pilot Working Agreement.
Finally, I want to make clear that I understand your concerns
regarding this matter. My goal has been to be as transparent as
possible throughout this entire process. To that end, I have also met
with members of your Committee staff on multiple occasions before and
since my hearing and have offered to come in again if it is helpful.
Question 3. Do you believe this lawsuit is relevant to your
nomination process?
Answer. Yes, in the sense that safety always needs to be the top
priority for operators in the aviation system. Air carriers have the
responsibility to ensure protocols are in place so that their aviators
are trained, current, qualified and fit to fly.
Questions 4. Are there any other lawsuits that you failed to report
in your Committee questionnaire that you feel are relevant to your
nomination? If so, please provide all relevant information.
Answer. As noted above, I have never been personally named as a
party to any judicial, administrative or regulatory proceeding. As a
large airline, Delta has been involved in various judicial,
administrative and regulatory proceedings relating to its business.
During my tenure, individual pilot matters were handled by an
experienced cross-divisional team and I had very little involvement in
individual cases. Such cases were routinely handled by representatives
in Delta's Labor Relations and Legal Departments. Since I am retired
from the company, I no longer have access to detailed information.
However, I understand that Delta has provided some data directly with
the Committee for perspective. In addition to this data, in more recent
consultations with the company, I have become aware of a total of at
least 24 System Board of Adjustment cases (2-3 per year on average) and
approximately 200 disciplinary proceedings (16-20 per year or about .15
percent of the pilot population, ranging from terminations to
disciplinary letters) involving pilots during my tenure, which spanned
over 12 years. It is difficult, if not impossible, to determine the
relevance of any of these matters in advance. In contrast, I was much
more involved in other proceedings where I was the decision-maker on
matters more strategic to the corporation--for example, flight deck and
crew rest provisioning, fleet decisions and matters pertaining to the
implementation of the Pilot Working Agreement.
Potential involvement in whistleblower retaliation. According to
the ongoing lawsuit against Delta--currently pending with the
Department of Labor--you are not accused of whistleblower retaliation
in this instance. We await a final decision in the case, which we
expect to come in the next year.
Question 5. Were you ever accused of retaliation against a
whistleblower during your tenure at Delta? If so, please provide all
relevant information.
Answer. No, I have never been accused of retaliation of any sort
during my tenure at Delta Air Lines, including in the case referenced
above or any other proceedings with the operational workforce.
I have not previously and will never tolerate retaliation of any
kind to any employee who raises safety concerns. I fully understand the
importance of safety being the top priority at the FAA. As I have
previously stated, safety is very much a journey, not a destination,
and we always need to find ways to improve. Having voluntary reporting
programs and other reporting mechanisms in place are critical elements
for pilots and other aviation system employees to use to bring forward
their safety concerns. For a commercial air carrier, the very core of
the safety program is employee reporting.
Over the course of my tenure, matters pertaining to individual
pilots were handled by an experienced cross-departmental team. As
Senior Vice President, my involvement in this matter was limited to
directing my leadership team to ensure appropriate follow-up and that
the contractual processes were complied with. In contrast, in my
officer role, I was much more involved in other proceedings where I was
the decision-maker on matters more strategic to the corporation--for
example, flight deck and crew rest provisioning, fleet decisions and
matters pertaining to the implementation of the Pilot Working
Agreement.
Rebuilding confidence in the FAA. As you know, the next FAA
Administrator will have to restore public trust in the agency by making
changes to existing policy and addressing lapses in oversight that led
to the recent 737 MAX crashes.
The agency's hesitation to ground 737 MAX aircraft even after
safety regulators around the world ordered groundings has shaken the
world's confidence in the FAA's independence and oversight ability.
Foreign regulators have indicated that they will require additional
reviews of any forthcoming decision by FAA to allow 737 MAX aircraft to
fly again--indicating a lack of trust in the agency. Additionally,
multiple domestic airlines have extended flight cancellations of Boeing
737 MAX aircraft until August 2019, due to a lack of confidence in the
aircraft.
Questions 6. What is your plan to rebuild international and
domestic confidence in the agency and ensure that the FAA is once again
seen as an international leader in aviation safety?
Answer. It is my experience that the FAA is always looking to
further improve its processes. Additionally, in my testimony before the
Committee I emphasized that the FAA should be the global leader in
safety, with a culture of continuous improvement. Safety is very much a
journey, not a destination, and we always need to find ways to continue
to improve. It is my understanding that that is why Secretary Chao
called for an independent review of the aircraft certification process;
the FAA formed a Joint Authorities Technical Review with international
partners to review the certification of the 737 MAX automated flight
control system; and the FAA established a Technical Advisory Board to
review Boeing's MCAS software update and system safety assessment. I
look forward to reviewing the recommendations of these independent
panels of experts, and if confirmed by the Senate, leading the FAA in
taking any actions that are necessary to further improve the safety of
our system. Finally, I will leverage the existing strong relationships
and credibility I already have at IATA, ICAO, IFALPA, Flight Safety
Foundation, EASA and elsewhere to ensure they all understand the FAA
will continue to be the gold standard for safety, and second to none.
Bringing passenger service to Sikorsky Airport. Sikorsky Airport,
although owned and operated by the City of Bridgeport, is located in
the neighboring town of Stratford, Connecticut. Until two decades ago,
passenger service was provided in the form of commuter airplanes on a
regional basis to various locations in the Northeast.
Although it has been suggested over the years that a market exists
for substantial passenger service to include larger planes with the
ability to reach destinations such as Florida, the existing runways
were not long enough to accommodate the type of aircraft necessary to
travel these distances. Furthermore, a long-standing agreement between
the city and the town of Stratford does not allow for runway expansion
so long as Bridgeport owns the airport.
Since the beginning of 2018, the City has been privately
negotiating with a group organizing a new airline who have since
contracted to purchase $1.6 billion in technologically advanced
airplanes holding up to 145 passengers. These will be quieter than any
other similar planes on the market and will have the ability to take
off and land on shorter runways such as Sikorsky's. This group has
started and operated several successful airlines in the past and, after
considering other similar airports in the region, they have indicated a
keen interest to provide service at Sikorsky Airport when the airline
is launched in late spring of 2021.
In accordance with discussions for a public/private partnership to
allow the airport to accommodate this type of passenger service, the
airline would be responsible for developing a passenger terminal and
aircraft apron with an investment of 8 to 15 million dollars. In turn,
the City of Bridgeport would take responsibility for improvements on
Runway 1129, taxiways, and other requirements to comply with FAA
standards. The cost of these improvements are currently estimated to be
a minimum of $7 million.
The City of Bridgeport and the airline are presently working on a
contract that would allow for a long-term lease agreement for the
proposed site of the new terminal. This contract, subject to the FAA
granting the necessary approval for the use of Runway 1129, will give
the airline the level of comfort they need to go public with a joint
announcement to unveil plans at the airport.
The City has received support from our regional public leaders as
well as the Governor's Office resulting in the recent bond approval of
$7 million. These funds are conditional upon the airline's investment
and ultimate operation, which is in turn conditional upon FAA
permission. That permission is currently pending with the FAA.
Question 7. Given the importance of a timely decision from the FAA,
if you are confirmed, will you commit to working with the City of
Bridgeport and FAA's New England Region Airports Division to move this
project forward?
Answer. If confirmed by the Senate, I look forward to learning more
about this project and giving it full and fair consideration.
Ensuring the continued success of the FAA's Contract Tower Program.
The FAA's Contract Tower Program continues to enjoy strong bipartisan
support in Congress, including the support of many of us on this
Committee. As validated by the Department of Transportation's Inspector
General, the program provides high quality, cost-effective air traffic
control services to over 250 smaller airports throughout our Nation's
air transportation system--including six in my home state of
Connecticut.
Contract towers handle approximately 28 percent of the Nation's air
traffic control tower operations, yet they account for only 14 percent
of the FAA's total tower operations budget. It is also important to
note that almost half of all military operations at civilian airports
in the U.S. are handled by a Federal contract tower and 70 percent of
all contract tower controllers are veterans.
Question 8. Given the critical importance of contract towers to air
traffic safety in rural America and at smaller airports, can you give
us your commitment to work collaboratively with Congress and the
industry to ensure the continued success of the program?
Answer. I agree that the Contract Tower Program is an essential
component of our National Airspace System, and is vital to smaller
airports across the country. If confirmed by the Senate, I look forward
to working with you and the Congress to ensure the continued success of
the program.
Question 9. Will you also support implementation of the positive
contract tower provisions that were part of last year's FAA
reauthorization bill?
Answer. If confirmed by the Senate I look forward to leading the
FAA's efforts to implement the Contract Tower provisions that were
included in the 2018 FAA Reauthorization Act.
______
Response to Written Questions Submitted by Hon. Brian Schatz to
Stephen M. Dickson
The National Park Air Tour Management Act of 2000 (NPATMA) directed
the FAA and NPS to develop air tour management plans for national park
system units. To date, none have happened.
Question 1. How would you address the failure to implement the
requirements of this act?
Answer. I understand there is a lot of interest in the topic of air
tours in Hawaii and if confirmed I will engage with the National Park
Service to understand what actions have occurred to date, why no plans
have been finalized, and determine appropriate next steps.
As an alternative, the agencies and operators have begun developing
Air Tour Management Agreements, voluntary and temporary measures, but
these have only been finalized for three locations so far: Big Cypress
National Preserve, Biscayne National Park, and Glen Canyon National
Recreation Area. These cannot be enforced, nor do non-participating
tour operators have significant incentives to join such an agreement.
Question 2. How can these agreements become more attractive for
operators to join while encouraging a real air tour management plan to
be developed?
Answer. My understanding is that while the decision to enter into a
voluntary agreement is an individual choice for an operator, once the
operator has joined they are in fact bound by the agreement and it is
enforceable. With respect to getting higher participation from
operators in these voluntary plans I understand the desire to have the
most meaningful impact means including as many operators as possible.
If confirmed, I will engage with the stakeholder community concerning
this issue.
______
Response to Written Questions Submitted by Hon. Gary Peters to
Stephen M. Dickson
As we discussed in my office, we have a bipartisan, bicameral
delegation in Michigan working to ensure our Gerald R. Ford
International (GRR) can continue its upgrade of the second oldest
control tower [of the top 100 airports] in the country. This issue is
actually an economic issue--the current tower is prohibiting growth at
the airport as it is not possible to add another deck on the parking
structure because the control tower is not high enough to see over it.
Question 1. Will you commit to making yourself aware of the needs
at GRR?
Answer. If confirmed by the Senate, I look forward to learning more
about this issue and to working with you to address your concerns.
In the past, the President's budget has called for eliminating the
Essential Air Service program. I have in turn joined with a broad
bipartisan group of Senators to ensure we do not get rid of this vital
program, which ensures many rural parts of our country have access to
both transportation but also, in some cases, important life-saving,
emergency access.
Question 2. Following up on Senator Blunt's question to you in your
nomination hearing, will you commit to working with us to ensure we do
not leave rural Americans without access to air travel?
Answer. I understand the importance of the Essential Air Service
program to our rural communities. If confirmed by the Senate, I look
forward to working with Secretary Chao to ensure that these communities
have access to air transportation.
As we discussed at your hearing, the Office of Inspector General's
2016 report titled ``Enhanced FAA Oversight Could Reduce Hazards
Associated with Increased Use of Flight Deck Automation'' included
recommendations regarding pilot training guidance and standards.
Question 3. From your perspective, has FAA adequately responded to
the Inspector General's recommendations?
Answer. I understand that the FAA has responded to both of the
Inspector General's recommendations and they are now closed. Effective
pilot training--including manual flying skills and the ability to
maintain situational awareness and move fluidly through various levels
of automation--is critical for safety. If confirmed by the Senate, I
look forward to leading the FAA's efforts to further improve the safety
of our system.
We passed provisions in last year's FAA bill to provide greater
authority to deal with emerging threats, for example, from drones. I am
concerned that there is not requisite personnel to carry out these new
authorities and directives that we've provided to protect aircraft and
airports against new drone threats.
Question 4. Will you commit to taking a look at this issue and
assessing whether there are sufficient resource at FAA to carry out the
directives related to safety from emerging drone threats?
Answer. The safe and secure integration of UAS into the National
Airspace System is a national priority. If confirmed by the Senate, I
look forward to leading the FAA's efforts to implement the UAS safety
provisions that were included in the 2018 FAA Reauthorization Act.
FAA regulations have [essentially] required airports use
firefighting foams that contain PFAS chemicals, a group of
approximately 4,700 toxic chemicals that have been linked to cancer as
well as a wide variety of health problems. The FAA standard is based on
a Department of Defense specification that the military is actively
transitioning away from. Last year's FAA bill included my provision to
allow airports to have the option of not using the PFAS fire
retardants.
Question 5. Will you commit to working with me and my office on the
ongoing PFOA/PFAS problem--particularly to make sure airports have
safer, fire-fighting options?
Answer. The FAA's number one priority is the safety of the National
Airspace System and the travelling public. I understand that currently
the most effective type of firefighting foam is fluorinated and
contains PFAS, but the FAA is working to find an equally effective non-
fluorinated replacement. If confirmed by the Senate, I look forward to
working with you and your staff as the FAA works to implement section
332 of the 2018 FAA Reauthorization Act.
A 2018 Inspector General's Report indicated FAA's annual budget
process provides broad controls for selecting and justifying
developmental projects, but the Agency has lacked effective management
controls in its project level agreement process. For example, 12 of the
22 agreements the IG sampled did not align with FAA's high-priority
NextGen investment decisions, primarily because they were for support
or implementation work. Furthermore, a lengthy approval process led to
difficulty obligating funds to developmental projects.
Question 6. I know you have been intimately involved with the
NextGen program from the two Federal advisory Committees upon which you
have sat, so can you share your thoughts on some of the management
issues that you've seen that need addressing?
Answer. From my experience looking at NextGen implementation from
an industry perspective, one of the biggest challenges is
``operationalizing'' and scaling the technology in a way that leads to
demonstrable improvements in operational performance. Successes have
generally been limited to localized implementation projects. From a
program perspective, I have had limited visibility into the status of
NextGen programs. If confirmed, I plan to review the status of the
NextGen program and its milestones. I look forward to continuing
engagement with all stakeholders to ensure that NextGen implementation
remains on track.
______
Response to Written Questions Submitted by Hon. Tammy Baldwin to
Stephen M. Dickson
The FAA civil rights office works to ensure that airports are
accessible to passengers with disabilities. Individuals with
disabilities continue to encounter problems involving inaccessible
shuttles on airport properties, as well as passenger boarding bridges
that make it difficult for passengers to safely transit the jet bridge
and transfer into an aisle chair at the bottom of the bridge in order
to board the airplane.
Question 1. If confirmed as FAA Administrator, how would you ensure
that our Nation's airports increase their compliance with the access
requirements of the Americans with Disabilities Act and Section 504 of
the Rehabilitation Act?
Answer. My understanding is that airports that receive Airport
Improvement Program grant funding from the FAA are required to comply
with a number of non-discriminatory statutes and authorities including
certain parts of the Americans with Disabilities Act and Section 504 of
the Rehabilitation Act. If confirmed, I will work to hold airport
sponsors accountable to their grant assurance agreements to ensure
appropriate access for people with disabilities.
Question 2. How will you work with the rest of the Department of
Transportation to ensure that the full air travel experience of
passengers with disabilities is a smooth, safe and seamless process?
Answer. My understanding is that the Department of Transportation's
Office of Aviation Enforcement and Proceedings enforces the statutory
requirements that prohibit airlines from discriminating against
passengers because of a disability. If confirmed, I will closely
coordinate with the Office of Aviation Enforcement and Proceedings on
any issues that may overlap with FAA authorities to help ensure that
disabled passengers have a safe, smooth, and seamless air travel
experience.
______
Response to Written Questions Submitted by Hon. Jon Tester to
Stephen M. Dickson
Bozeman Airport. As a state with expanses that exceed the distance
from DC to Chicago, aviation is vital to Montana. It boosts our
economy, connects families and provides critical life-lines for
patients requiring urgent medical care. Aviation is expanding in
Montana. Bozeman Airport in particular has witnessed explosive growth.
Since 2010, passenger traffic at Bozeman Airport has more than
doubled. It now accounts for 30 percent of all passengers to and from
Montana. And we get millions of visitors every year in Montana. Today,
Bozeman is the largest airport in the state in terms of annual
enplanements and tower operations. Montana is the only state whose
largest airport is not supported by FAA-operated tower services.
To ensure year-round safe operations, passengers and employees,
Bozeman Airport's on-site resources need to be aligned with today's new
reality. Bozeman has stepped up to fund additional tower staff to
handle the increased traffic in the immediate term.
Question 1. Will you, as the FAA Administrator, commit to adopt a
long-term strategy that will ensure appropriate and equitable Federal
support for airport operations by transitioning Bozeman to an FAA-
operated tower?
Answer. I appreciated you taking the time to raise this important
issue to me during our courtesy visit. I fully understand the
importance of this issue to your constituency. If confirmed by the
Senate, I look forward to working with you to address your concerns.
Addressing Pilot Shortage via Workforce Development. You know
better than most about the tight pool of trained pilots, the predicted
future pilot shortage and the challenges facing veterans to transition
to careers as pilots. The cost of flight training is prohibitively
expensive and a significant barrier to getting trained pilots into the
pipeline. These high costs make it difficult for veterans to use their
GI bill benefits to pursue an aviation career. Congress gave FAA the
authority in the 2018 FAA Reauthorization Act to create a grant program
to facilitate the education of future pilots.
Question 2. How can FAA leverage this new authority to create a
grant program to educate future pilots to maximize opportunity for
veterans to pursue careers as pilots?
Answer. If confirmed by the Senate, I look forward to working with
Secretary Chao on the Forces to Flyers initiative to create
opportunities for veterans, and by engaging all our stakeholders in
creating opportunities for those interested in pursuing careers in
aviation.
What can FAA do to reel in costs and lower barriers?
Answer. If confirmed by the Senate, I look forward to working with
Secretary Chao in implementing section 625 of the 2018 FAA
Reauthorization Act, and engaging all our stakeholders in developing
pathways for individuals to pursue careers in aviation.
What can FAA do to encourage major airlines to support
veterans' training?
Answer. As I mentioned above, if confirmed by the Senate, I look
forward to working with Secretary Chao on the Forces to Flyers
initiative and to using all of the authority Congress has provided to
bolster the aviation workforce.
Agricultural Sector Represented on Drone Advisory Committee. The
agriculture sector is one of the fastest growing adopters of drone
technology in the United States.
Question 3. Will you ensure that the Drone Advisory Committee
membership reflects the diverse and broad interests of stakeholders and
user communities with the inclusion of a representative from the
agriculture community?
Answer. It is my understanding that the current Drone Advisory
Committee members include representatives from rural states (Kansas
Department of Transportation), as well as UAS operators involved in the
agricultural sector (PrecisionHawk). If confirmed by the Senate, I will
work to ensure that we maintain a broad and diverse representation of
stakeholders on the Drone Advisory Committee.
______
Response to Written Questions Submitted by Hon. Kyrsten Sinema to
Stephen M. Dickson
Mr. Dickson, in my role as the Ranking Member of the Senate
Commerce Committee Aviation and Space Subcommittee, I look forward to
working closely with you if you are confirmed to this position to
ensure that United States remains the global leader in aviation safety.
Arizona has unique challenges and opportunities related to the FAA, and
I expect we can work cooperatively to address those. For example,
Arizona has: Phoenix Sky Harbor, one of the largest airports in the
United States by passenger volume; Phoenix Deer Valley, the busiest
general aviation airport in the world; and numerous medium and small
airports across the state.
My first question is related to Sky Harbor. Are you aware of the
history of noise problems at Sky Harbor and the 2017 D.C. Circuit case
striking down the FAA's new flight routes at Sky Harbor as arbitrary
and capricious, based on the lack of coordination and cooperation with
the City of Phoenix? The FAA has been actively working to address the
problem to the west of the airport and held three workshops in Phoenix
over the past months. However, the noise problem persists to the east
of the airport.
Question 1. In your new role as FAA administrator, will you commit
to working with all Valley residents--both east and west of the
airport--still being impacted by aircraft overflights to address their
noise problem?
Answer. One of my highest priorities with respect to noise issues
is stakeholder engagement. After safety, in my testimony I emphasized
the importance of stakeholder engagement as one of the four most
important priorities for the FAA. If confirmed, I will ensure that the
FAA fully engages with communities, airports and other stakeholders to
address noise issues in a fully open and transparent manner.
Question 2. Regarding the eastbound departure routes from Sky
Harbor, will you commit to engage in government-to-government
consultation with the Salt River Pima Maricopa Indian Community, as is
called for in FAA Policy?
Answer. As I stated above, stakeholder engagement is a priority of
mine with respect to noise issues faced by communities. If confirmed, I
will ensure that the FAA fully engages with communities, airports and
other stakeholders, in accordance with FAA policy, to address noise
issues in a fully open and transparent manner.
Mr. Dickson, Phoenix Deer Valley is the busiest general aviation
airport in the world. General aviation airports have unique challenges
that commercial airports do not face.
Question 3. What will you do in this role to support general
aviation airports, particularly very busy general aviation airports
such as Deer Valley?
Answer. I fully recognize the importance of general aviation in the
United States and the role it plays in transportation and commerce
generally. I strongly support a robust general aviation industry. I am
aware that the FAA works closely with general aviation airports on many
issues including air traffic and airport development. If confirmed, I
look forward to working with you on your priorities for the Phoenix
Deer Valley airport.
The Phoenix-Mesa Gateway Airport is another rapidly growing airport
in Arizona. As a growing airport that handles approximately 300,000
annual operations, Gateway Airport applied for, but was not granted, a
supplemental funding award for a new air traffic control tower. The
request for the new tower project is based on ongoing parallax and
airfield line of sight issues and will increase safety at the airport.
Question 4. Will you commit that you and your staff will closely
review this project for future Federal funding opportunities?
Answer. I am a strong proponent of smaller and secondary airports.
If confirmed, I look forward to working with you to learn more about
the needs of the Phoenix-Mesa Gateway Airport and to discuss with you
the possible ways in which the FAA may be able to assist with the needs
of the airport.
Mr. Dickson, along with my colleagues, I have introduced S. 919,
the Space Frontier Act, which includes several provisions that impact
use of the National Airspace System. Foremost, the bill directs the FAA
to update regulations for commercial launch and reentry licensing. It
also directs the Secretary of Transportation to prepare a report on the
current state of policies and tools used to integrate launch and
reentry into the NAS and recommend any new policies or tools needed to
more efficiently and safely manage the NAS.
Question 5. Are you aware of this legislation and what thoughts do
you have regarding the integration of space launches into the NAS?
Answer. I am aware of the Space Frontier Act, and if confirmed I
look forward to learning more about its provisions and their
implications. My understanding is that integration of commercial space
launches into the National Airspace System is a top priority for the
FAA and the FAA recently published a proposed rule to update and
streamline the launch and reentry regulations. I recognize the
importance of balancing the needs of all airspace users and if
confirmed, I will work diligently to achieve the FAA's priority of
safely integrating commercial space launches into the national airspace
system.
Mr. Dickson, regarding unmanned aircraft systems, the FAA
Extension, Safety, and Security Act of 2016 required the FAA to develop
standards for remote identification of unmanned aircraft. As you know,
these rules are an important prerequisite before the FAA and the UAS
industry can move forward.
Question 6. Can you commit to advance these rules as quickly as
possible?
Answer. I agree that developing standards for remote identification
of UAS is an important priority and that it is fundamental to both the
safety and security of drone operations moving forward. If confirmed, I
will work to advance the necessary rules as quickly as possible.
Additionally, what are your thoughts on the related issue of
Counter-UAS technology?
Answer. My understanding is that the FAA is currently working to
assess counter UAS technologies. It is also my understanding that
authority for counter UAS activities is currently limited to other
Federal agencies. I understand the FAA's priority is to work with these
agencies to ensure the safety of civil aviation. If confirmed, I will
continue to support the FAA's work to assess the UAS technologies and
to work with the FAA's security partners to ensure their activities are
coordinated with the FAA to ensure the safety of civil aviation.
Recently, the FAA released information stating that it
``does not support the use of counter-UAS systems by any
entities other than Federal departments with explicit statutory
authority to use this technology.'' In your opinion, what is
the appropriate role for such technologies?
Answer. As I mentioned above, my understanding is that the FAA
continues to assess the available technology. Although the
implementation of counter-UAS technologies is not within the FAA's
jurisdiction, these technologies should help to address malign actors
who might pose security or safety risks, or raise privacy concerns. But
in doing so, they must not create an even greater safety risk to the
aviation system. If confirmed, my priority will be to continue the
FAA's work with those agencies that are authorized to engage in counter
UAS activities to ensure the safety of civil aviation.
______
Response to Written Questions Submitted by Hon. Jacky Rosen to
Stephen M. Dickson
As a House Member, I was proud to co-sponsor legislation to require
the FAA to mandate the installation of secondary cockpit barriers on
commercial aircraft in order to prevent access to the flight deck. Such
barriers have the real potential to stop a terrorist attack or other
hijacking. Section 336 of the FAA Reauthorization Act of 2018 requires
the FAA to issue an order by this coming October requiring the
installation of secondary cockpit barriers on ``each new aircraft that
is manufactured for delivery'' to a Part 121 passenger air carrier.
However, the FAA recently described to the industry a process for
completing this work that would effectively ignore performance
standards and which could lead to a very long, drawn-out process for
the Aviation Rulemaking Advisory Committee.
Question 1. If confirmed as FAA Administrator, what assurances can
you provide to Congress that the FAA will meet its October deadline for
this safety-critical initiative?
Answer. It is my understanding that the FAA plans to task the
Aviation Rulemaking Advisory Committee to study secondary cockpit
barriers and make recommendations concerning their use and installation
in aircraft. If confirmed by the Senate, I look forward to leading the
FAA as it reviews the ARAC recommendations and works to implement this
provision.
Question 2. If confirmed, are you committed to focusing your
energies as FAA Administrator specifically on the safety challenges
facing the FAA and our national airspace, and do you further pledge to
steer clear of any issues that may implicate potential conflicts of
interest, including any that may have been disclosed on your
questionnaire for the Committee?
Answer. Safety of the national airspace will absolutely be my top
priority if confirmed as Administrator. If confirmed by the Senate, I
will abide by all applicable ethical restrictions in accordance with
advice from agency ethics officials.
Mr. Dickson, Reno-Tahoe International Airport, located in my state
of Nevada, has been facing two challenges with the Federal Aviation
Administration: 1) general lack of responsiveness in receiving approval
letters for grants, and 2) lack of feedback from the FAA on the
airport's recent Section 163 request, which is inhibiting its ability
to work with non-aeronautical land developers.
The Reno-Tahoe International Airport and Reno-Stead Airports are
located in the northwestern part of the state, approximately twenty-two
miles from Lake Tahoe. Construction season in this area is limited to
the spring and summer months. Because of this limited timeframe,
timeliness of FAA responses to approval requests is crucial. As some
applications take a full 180 days to process--barring objections by
airlines and any additional process delays--any delay in receiving
approval for grant funding significantly and adversely affects the
airport's ability to schedule critical projects.
In this same vein, the airport faces potential missed opportunities
due to lack of FAA responsiveness in Section 163 approvals. In the 2018
FAA Reauthorization Act, Section 163 directed the FAA to develop more
efficient review procedures for the development of non-aeronautical
lands under the control of airports. At Reno-Tahoe International
Airport and Reno-Stead Airports, there are several pieces of land that
are distant, if not totally disconnected from the airfield, which could
be developed for non-aeronautical purposes, which is just what Section
163 contemplated. However, based on the unduly stringent requirements
placed on the development of these properties by the FAA and the long
length of time for approval, airports like Reno-Tahoe can't fairly
compete against property just outside the airport fence for development
opportunities. Therefore, the airports are missing out on opportunities
to diversify their revenue streams.
Question 3. As FAA Administrator, will you commit to being more
responsive and timely in approving grant applications, particularly
when time is of the essence for project completion, and more vigilant
in keeping potential grantees abreast of developments and of the status
of their applications?
Answer. If confirmed, I will work to ensure that FAA's
consideration of grant applications is conducted in as timely a manner
as possible, while adhering to statutory requirements. I understand the
importance of keeping applicants informed and will work to ensure that
information is shared with them as quickly as possible.
Can you work on announcing grants earlier for potential
grantees located in areas with shortened construction seasons,
for whom timeliness is particularly important?
Answer. I appreciate the time constraints for areas that have a
shortened construction season and, if confirmed, will work to ensure
that grant awards and announcements are completed as quickly as
possible.
Likewise, if confirmed, will you immediately provide a
status update on Reno-Tahoe Airport's Section 163 request? And
will you commit to following Section 163 as Congress intended?
Answer. If confirmed, I look forward to working with you to learn
more about the Reno-Tahoe Airport request and ensuring that relevant
statutory requirements are followed by the FAA.
[all]