JOINT STATEMENT OF NICHOLAS A. SABATINI, ASSOCIATE ADMINISTRATOR FOR
AVIATION SAFETY, AND MICHAEL A. CIRILLO, VICE PRESIDENT, SYSTEMS
OPERATION SERVICES, AIR TRAFFIC ORGANIZATION, FEDERAL AVIATION
ADMINISTRATION BEFORE THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION, SUBCOMMITTEE ON AVIATION ON NEW AIRCRAFT IN THE US
AVIATION SYSTEM

SEPTEMBER 28, 2006

Good morning, Chairman Burns, Senator Rockefeller, and Members of the
Subcommittee. It is our pleasure to be here today to discuss with you
the introduction of new aircraft in our nation's air traffic system. The
Federal Aviation Administration is preparing to deal with the challenges
presented by these and other new types of aircraft. Very Light Jets
(VLJs) and Unmanned Aircraft (UAs) are examples of the on-going
evolution of the aviation industry, and the FAA, working closely with
the aviation industry, will develop safety standards and operating
procedures to ensure their safe integration into the NAS.

VLJs and UAs are part of the future of aviation, and that future is on
our doorstep right now. The system is in place *TODAY* to accommodate
the entry of new aircraft into the National Airspace System . . . this
is nothing new for the FAA. It is our day-to-day business. From when
FAA's predecessor agency certified the Buhl Airster in 1927, to the
introduction of the Boeing 707 and the dawning of the jet age in the
late 1950's, FAA has always been able to successfully assimilate new
aircraft into the NAS. When the Boeing 707 began its transcontinental
flights, the average airspeed of passenger aircraft more than doubled
overnight, from about 220 knots to over 500 knots. And this transition
into the jet age took place within an infrastructure that was 50 years
old at the time. The system is more robust today, with better
technology, more precision, and greater flexibility, than at any time in
our history. FAA has long established operating procedures that ensure
different types and vintages of aircraft are operated at compatible
airspeeds in congested airspace or while en-route to and from the high
altitude airspace. From beginning to end, nothing is left to chance.

Relatively inexpensive twin-engine VLJs are believed by many to have the
potential to redefine the business jet segment by significantly
expanding business jet flying and offering performance that could
support a true on-demand air-taxi business service. FAA forecasters
project that up to 5,000 of these jets will be in operation by 2017.

The FAA has established a cross-organizational group to address the
issues of safety and system capacity created by the anticipated
introduction of thousands of VLJs within the next ten years. This group
includes elements from our Air Traffic Organization (ATO), Flight
Standards Service (AFS), Aircraft Evaluation Group (AEG) and Aircraft
Certification Office (ACO). The group has organized its work under
separate committees that focus on specific issues: Pilot Training and
checking; Flight Operations; Maintenance; Inspector Training; and Air
Traffic.

Also, to address UAs, we have established an Unmanned Aircraft Program
Office to develop guidance and regulations for certification and
integration of UAs. Interest in using Unmanned Aircraft (UAs) for a
broad range of purposes is increasing, not only by U.S. governmental
agencies, but also by the civil aviation community. Integrating UAs with
manned aircraft in the NAS presents significant challenges for the FAA,
and both the public and private sectors. At the outset, it is helpful to
understand that UAs cannot be described as a single type of aircraft.
UAs can be vehicles that range from a 12-ounce hand-launched model to
one the size of a 737 aircraft. They also encompass a broad span of
altitude and endurance capabilities. Obviously, the size of the UA
impacts the complexity of its system design and capability. Therefore,
each different type of UA has to be evaluated separately, with each
aircraft's unique characteristics being considered before its
integration into the NAS can be safely accomplished.

The certification of all government agency aircraft, including UAs, in
the NAS is considered a public aircraft operation, the oversight for
which falls outside the scope of the FAA. These public operations are,
however, required to be in compliance with certain federal aviation
regulations administered by the FAA and the FAA is and must be involved
to ensure that the operation of these aircraft does not compromise the
safety of the NAS. FAA's current role is to ensure that UAs do no harm
to other operators in the NAS and, to the maximum extent possible, the
public on the ground.

In working with government agencies, the FAA issues a certificate of
authorization (COA) that permits the various public agencies to operate
a particular UA for a particular purpose in a particular area. In other
words, FAA works with the agency to develop conditions and limitations
for UA operations to ensure they do not jeopardize the safety of other
aviation operations. The objective is to issue a COA with terms that
ensure an equivalent level of safety as manned aircraft. Usually, this
entails making sure that the UA does not operate in a populated area and
that the aircraft is observed, either by someone in a manned aircraft or
someone on the ground. For example, in the interest of national security
and because ground observers were not possible, the FAA worked with the
Department of Homeland Security (DHS) to facilitate UA operations along
the Arizona/New Mexico border with Mexico. In order to permit such
operations, the airspace was segregated to ensure system safety so these
UA flights can operate without an observer being physically present to
observe the operation. With the steadily expanding purposes for which
UAs are used and the eventual stateside redeployment of large numbers of
UAs from the theater of war, the FAA expects to issue a record number of
COAs. In fact, the FAA has issued more than 75 COAs this year, compared
with a total of 50 for the two previous years combined.

FAA's work with private industry is slightly different than with
government agencies. The development of guidance and regulations for UAs
for civil aviation use will be an evolving process. Standards
development is required for all areas of UAS technology, including the
airframe, maintenance procedures, pilot and controller training,
powerplant and other areas. The FAA is working with industry, under the
auspices of RTCA, Inc. to develop consensus standards for detect, sense
and avoid systems; and command, control and communication systems. Until
standards and minimum requirements are established, the FAA is working
closely with companies that wish to operate UAs in the NAS today by
applying the Experimental Airworthiness Certificate process.

Today, for civil operation, companies may obtain an Experimental
Airworthiness Certificate by demonstrating that their aircraft can
operate safely within an assigned flight test area and cause no harm to
the public. They must be able to describe their unmanned aircraft
system, along with how and where they intend to fly. This is documented
by the applicant in what we call a program letter. An FAA team of
subject matter experts reviews the program letter and, if the project is
feasible, performs an on-site review of the ground system and unmanned
aircraft, if available. If the results of the on-site review are
acceptable, there are negotiations on operating limitations. After the
necessary limitations are accepted, FAA will accept an application for
an experimental airworthiness certificate which is ultimately issued by
the local FAA Manufacturing Inspection District Office. The certificate
specifies the operating restrictions applicable to that aircraft. To
date, we have received several program letters for UAs ranging from 39
to more than 10,000 pounds. We have issued two experimental
certificates, one for General Atomics' Altair, and one for
Bell-Textron's Eagle Eye. We expect to issue at least one more
experimental certificate this year.

The COA and Experimental Airworthiness Certificate processes are
designed to allow a sufficiently restricted operation to ensure a safe
environment, while allowing for research and development until such time
as pertinent standards are developed. They also allow the FAA, other
government agencies, and private industry to gather valuable data about
a largely unknown field of aviation. The development of standards is
crucial to moving forward with UA integration into the NAS. Because of
the extraordinarily broad range of unmanned aircraft types and
performance, the challenges of integrating them safely into the NAS
continue to evolve. The certification and operational issues described
herein highlight the fact that there is a missing link in terms of
technology today that prevents these aircraft from getting unrestricted
access to the NAS.

So far we have discussed FAA's current efforts regarding certification
and regulation of VLJs and UAs as we enable the safe introduction of
these new aircraft into the NAS. There are still many challenges to be
met in these areas before the procedures for certification, licensing,
training, inspection, maintenance and operation of these aircraft are
standardized and routine. The question many have is how FAA is going to
integrate these new aircraft into the NAS, without adversely affecting
safety, or increasing congestion and delays. The ATO is producing
results today that are already improving capacity and efficiency, and in
conjunction with the Joint Planning and Development Office (JPDO),
laying the foundation for the Next Generation Air Transportation System
(NextGen).

In 2005, the ATO implemented a new procedure, known as Domestic Reduced
Vertical Separation Minima or DRVSM, which is truly exciting. DRVSM has
significantly increased capacity in the en route airspace by doubling
the number of usable altitudes between 29,000 and 41,000 feet. The
procedure permits controllers to reduce minimum vertical separation at
altitudes between 29,000 and 41,000 feet from 2,000 feet to 1,000 feet
for properly equipped aircraft.

The User Request Evaluation Tool (URET) is a tool used by the controller
to predict potential aircraft to aircraft, and aircraft to airspace
conflicts earlier, allowing them to construct alternative flight paths.
URET allows these conflicts to be addressed in a strategic sense rather
than a tactical sense, with fewer deviations to the route or altitude.

In August, the FAA approved the update to the *Roadmap for
Performance-Based Navigation,* developed in cooperation with the
aviation industry. The 2006 *Roadmap* focuses on addressing future
efficiency and capacity needs while maintaining or improving the safety
of flight operations by leveraging advances in navigation capabilities
on the flight deck. This revision updates the FAA and industry strategy
for evolution toward performance-based navigation. The *Roadmap* is
intended to help aviation community stakeholders plan their future
transition and investment strategies. The stakeholders who will benefit
from the concepts in the *Roadmap* include airspace operators, air
traffic service providers, regulators and standards organizations, and
airframe and avionics manufacturers. As driven by business needs,
airlines and operators can use the *Roadmap* to plan future equipage and
capability investments. The strategy rests upon two key navigation
concepts: Area Navigation (RNAV) and Required Navigation Performance
(RNP).

The ATO is focused on expanding the implementation of advanced RNAV
procedures to additional airports. These RNAV procedures provide flight
path guidance that is incorporated into onboard aircraft avionics
systems, requiring only minimal air traffic instructions. This
significantly reduces routine controller-pilot communications, allowing
more time for pilots and controllers to handle other safety-critical
flight activities. Also, RNAV procedures use more precise routes for
departures and arrivals, reducing time intervals between aircraft on the
runways, and allowing for increases in traffic, while enhancing safety.
In 2004, thirteen RNAV departure procedures and four RNAV arrival
procedures went into full operation at Atlanta Hartsfield-Jackson
International Airport -- the world's busiest airport. Additionally,
sixteen RNAV departures were implemented at Dallas/Fort Worth
International Airport in 2005. The FAA published 53 of these procedures
in FY2006, and plans to publish at least 50 procedures in FY2007.

FAA is currently implementing additional technological innovations,
including a capability known as RNP. RNP uses on-board technology that
allows pilots to fly direct point-to-point routes more reliably and
accurately. RNP is extremely accurate, and gives pilots not only lateral
guidance, but vertical precision as well. RNP potentially reaches all
aspects of the flight -- departure, en route, arrival, and approach. As
of today, the FAA has published 28 RNP approach procedures this year,
and plans to publish at least 25 more in FY2007.

We must also make sure we are using the best technology to maintain a
safe and efficient air traffic system. The en route air traffic control
computer system is considered the heart of the NAS. En Route Automation
Modernization (ERAM) provides the basic foundation upon which many of
the transforming technologies moving us from the current NAS to NGATS
needs. ERAM replaces the software for the Host Computer System and its
backup. It will enable the FAA to increase capacity and improve
efficiency in a way that cannot be realized with the current system,
which is a mix of different technologies that evolved over the years and
is extremely difficult to expand or upgrade. In addition to supporting
new transformational technologies, ERAM itself can process more than
double the number of flight plans, and use almost triple the number of
surveillance sources as the current system. The ERAM system is scheduled
to be deployed and operational at all 20 Air Route Traffic Control
Centers by 2010.

Traffic Flow Management (TFM) is the "brain" of the NAS, and is the
reason that we could handle more traffic at our major airports in 2005
than in 2000, without the long delays that made the summer of 2000 the
worst on record. The TFM system is the mechanism by which traffic flows
across the NAS are orchestrated. As the NAS is impacted by severe
weather, congestion and/or outages, the TFM system provides timely
information to our customers to expedite traffic and minimize system
delays. The FAA is currently in the process of modernizing the TFM
infrastructure through its TFM Modernization program. We are currently
introducing new Airspace Flow Management technology to reduce the impact
of delays incurred during the severe weather season. FAA estimates show
that TFM provides roughly \$340 million in benefits to our customers on
a yearly basis in reduced direct operating costs through delay
reductions. ERAM and TFM together will enable flexible routing around
congestion, weather, and flight restrictions, and help controllers to
automatically coordinate flights, during periods of increased workload.

The JPDO and ATO will work together to analyze the changes that will be
needed to both ERAM and TFM so they meet the needs of the Next
Generation System. Today's flight planning and air traffic paradigms
will be transformed into a system that manages operations based on
aircraft trajectories, regularly adjusts the airspace structure to best
meet customer and security/defense needs and relies on automation for
trajectory analysis and separation assurance.

The JPDO serves as a focal point for coordinating the research related
to air transportation modernization for agencies across the Federal
government, including the Departments of Transportation, Commerce,
Defense and Homeland Security, as well as NASA and the Office of Science
and Technology Policy.

At the FAA, our eyes are focused on the NextGen Vision while using
existing technology to provide important and tangible operational
benefits now. We are finding ways to make existing capacity work more
efficiently through advanced technology and operational improvements.
Research is underway to explore ways of safely achieving reductions in
separation standards, allowing for greater density of operations, which
the anticipated increase in these vehicles will demand. We are also
examining the Human Factors implications of super density operations and
traffic control automation. Moreover, as-yet unexplored concepts may be
expected to play a role.

These innovations provide relief today as well as help to lay the
foundation for the Next Generation System. Successful integration of
VLJs and UAs into the NAS will represent a significant step in the
process of evolution from the current NAS to the NextGen system. In
order to fulfill the NextGen 2025 vision of handling significant
increases in today's traffic, with improved safety, capacity, and
efficiency, we must competently manage the introduction of VLJs and UAs
into the NAS. The impact of these new vehicles on the NAS is addressed
in the JPDO Concept of Operations (CONOPS). One overarching goal of the
NextGen initiative is to develop a system that will be flexible enough
to accommodate a wide range of users \-- very light jets and large
commercial aircraft, manned and unmanned aircraft, small airports and
large, business and vacation travelers alike, while handling a
significantly increased number of operations with a commensurate
improvement in safety, security and efficiency.

In 2005, the JPDO moved ahead with plans to accelerate the development
of key NGATS projects, such as Automatic Dependent
Surveillance-Broadcast (ADS-B), and System Wide Information Management
(SWIM). In FAA's Fiscal Year 2007 budget request, the Administration
proposed several targeted investment areas, to promote early
implementation of elements of the NGATS system. One of these very
promising initiatives, with potential for broad operational
applications, is the Automatic Dependent Surveillance-Broadcast (ADS-B)
system, a technology that will replace ground-based radar systems and
revolutionize air navigation and surveillance. For FY 2007, the
President's budget includes \$80 million for the FAA for the ADS-B
program.

Given its fundamental importance to the success of the NGATS System,
establishing an initial Network-Enabled Operations (NEO) capability is a
high priority for JPDO and its member agencies. Current efforts focus on
identifying the network architecture and enacting standards for
information and safety data sharing. In 2005, the JPDO, FAA and an
industry team demonstrated how network-enabled concepts developed for
the military customers can be applied to Air Traffic Management. The
FAA's System Wide Information Management (SWIM) program -- the beginning
of network-centric operation in the National Airspace System -- will
continue developing this capability. The President's budget proposal for
FY 2007 requests \$24 million for FAA's SWIM program.

The FAA has already been working with industry to identify the near-term
operational requirements of VLJs in the NAS. Dayjet, a large Part 135
operation, expects to be operating 100 Eclipse EA-500s by the end of
2007. Its business plan calls for utilizing regional airports in the
southeastern U.S., and Dayjet is working in close cooperation with FAA
so we can establish appropriate flight procedures as these jets are
introduced. FAA is also currently working with Eclipse to contract for
training for both FAA operations and maintenance inspectors for FY07.
The EA-500 is unlike any other aircraft currently in production, and is
unique in that it has highly integrated avionics systems.

Performance characteristics of VLJs are similar to some other business
class aircraft that have operated in the NAS for many years. VLJs can
operate from shorter runways than commercial airliners, and can utilize
the 5000+ satellite airports around the United States. In fact, the
advertised business models for the first companies state that they will
fly point-to-point among the nation's smaller regional airports that are
situated within a half-hour's drive of over 90 percent of Americans.
These jets are expected to be delivered from the manufacturers with
state-of-the-art avionics, capable of taking advantage of RNAV and RNP
procedures and routes. Manufacturers state that VLJs will be
IFR-certified, with glass cockpits, with full RVSM and ADS-B equipage.
They will be capable of flying with single or dual pilots, with 4-10
passenger seats, and will typically operate at intermediate flight
levels between 15,000 and 28,000 feet, but capable of 38,000 to 45,000
feet. Cruising speeds will be between 315 and 450 KIAS or Knots
Indicated Air Speed, with a range of 900-1750 nautical miles, although
typical legs will be 200-600 nautical miles.

The FAA is conducting training throughout the ATO regarding performance
capabilities of these aircraft to help mitigate any problems with
blending VLJs with faster jets.

The FAA's Cross Organizational Group will continue to work to monitor
the safety and impact of these new aircraft, and address any
unanticipated problems as they arise.

These technological and operational improvements are positive steps down
the road to building the Next Generation Air Transportation System. The
FAA and the JPDO are continuing to explore near and far term innovations
that will enable accommodation of increasing numbers of VLJs and UAs in
the NAS. We know, however, that we continue to face many challenges.
Over the next few years we will work to achieve better cost management;
determine the best solution for our aging and deteriorating facilities;
plan more effectively for catastrophic events, like hurricanes or
terrorist attacks; and, conduct research on convective weather to reduce
flight delays associated with summer storms. Everything in our business
-- pay, job performance, future technology, the nation's economy -- is
linked together. We strive to improve efficiency, while searching for
innovative ways to provide safer services even more efficiently. As we
decide how to wisely invest in our future, we will continue to work
closely with our customers, our employees, and of course, Members of
Congress.

Mr. Chairman, this concludes our testimony, and we would be happy to
answer any questions the Committee may have.