U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

91–363 PDF 2004

S. HRG. 107–1077

NOMINATION OF MARION CLIFTON BLAKEY

TO BE ADMINISTRATOR OF THE FEDERAL

AVIATION ADMINISTRATION

HEARING

BEFORE THE

COMMITTEE ON COMMERCE,

SCIENCE, AND TRANSPORTATION

UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

SEPTEMBER 3, 2002

Printed for the use of the Committee on Commerce, Science, and Transportation

(

(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman

DANIEL K. INOUYE, Hawaii

JOHN D. ROCKEFELLER IV, West Virginia

JOHN F. KERRY, Massachusetts

JOHN B. BREAUX, Louisiana

BYRON L. DORGAN, North Dakota

RON WYDEN, Oregon

MAX CLELAND, Georgia

BARBARA BOXER, California

JOHN EDWARDS, North Carolina

JEAN CARNAHAN, Missouri

BILL NELSON, Florida

JOHN MCCAIN, Arizona

TED STEVENS, Alaska

CONRAD BURNS, Montana

TRENT LOTT, Mississippi

KAY BAILEY HUTCHISON, Texas

OLYMPIA J. SNOWE, Maine

SAM BROWNBACK, Kansas

GORDON SMITH, Oregon

PETER G. FITZGERALD, Illinois

JOHN ENSIGN, Nevada

GEORGE ALLEN, Virginia

KEVIN D. KAYES, Democratic Staff Director

MOSES BOYD, Democratic Chief Counsel

JEANNE BUMPUS, Republican Staff Director and General Counsel

(III)

C O N T E N T S

Page

Hearing held on September 3, 2002 ....................................................................... 1

Statement of Senator Allen ..................................................................................... 9

Statement of Senator Burns ................................................................................... 7

Statement of Senator Dorgan ................................................................................. 5

Statement of Senator Fitzgerald ............................................................................ 8

Statement of Senator Kerry .................................................................................... 10

Statement of Senator McCain ................................................................................. 4

Prepared statement .......................................................................................... 5

Statement of Senator Rockefeller ........................................................................... 1

Statement of Senator Snowe ................................................................................... 31

Statement of Senator Stevens ................................................................................ 9

Statement of Senator Wyden .................................................................................. 7

WITNESSES

Blakey, Marion Clifton, Chairman, National Transportation Safety Board and

Administrator-Designate of the Federal Aviation Administration .................. 13

Prepared statement .......................................................................................... 15

Biographical information ................................................................................. 17

APPENDIX

Air Crash Victims Families Group, letter dated August 15, 2002 to Hon.

John McCain ......................................................................................................... 50

Response to written questions submitted to Marion Blakey from:

Hon. Max Cleland ............................................................................................. 40

Hon. John Edwards .......................................................................................... 42

Hon. Ernest F. Hollings ................................................................................... 39

Hon. Kay Bailey Hutchison ............................................................................. 49

Hon. John F. Kerry .......................................................................................... 42

Hon. John McCain ............................................................................................ 42

(1)

NOMINATION OF MARION CLIFTON BLAKEY

TO BE ADMINISTRATOR OF THE FEDERAL

AVIATION ADMINISTRATION

TUESDAY, SEPTEMBER 3, 2002

U.S. SENATE,

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION,

Washington, DC.

The Committee met, pursuant to notice, at 2:28 p.m., in room

SR–253, Russell Senate Office Building, Hon. John D. Rockefeller

IV, Chairman of the Subcommittee, presiding.

OPENING STATEMENT OF HON. JOHN D. ROCKEFELLER IV,

U.S. SENATOR FROM WEST VIRGINIA

Senator ROCKEFELLER. This hearing will come to order. This is

our first day back, and I would have rather held this at 9:30 this

morning, but we could not. I wanted to do it right away. I think

we all feel that way. This is an extremely important nomination,

and I hope soon to be a confirmation out of this Committee prior

to September 11, and hopefully in the Senate.

I know that your husband, Dr. Bill Dooley, is here and that

Mona, your daughter, is here as well. We are very happy to welcome you along with Michael Jackson, our Deputy Secretary; and

also you, Conrad Burns, who I have not seen in a month, but we

have made it through.

Senator BURNS. A pleasant surprise, huh?

Senator ROCKEFELLER. That is right, that is right.

Ms. Blakey, you were here a few months ago to testify at our

NTSB hearing, and I want to welcome you back.

Ms. BLAKEY. Thank you very much. I am pleased to be back.

Senator ROCKEFELLER. I want to congratulate you on your nomination. As I indicated, I think that we could not hold it in August.

It would have been a little awkward since nobody would have been

here. The FAA Administrator is one of the four or five most difficult positions, least understood positions, in the entire Federal

Government, and enormously important. Things go right and nobody notices. When things go wrong, everybody notices, including

all of your people.

You have got a difficult job ahead of you. Our instinct in this

country often is to finger-point. I don’t like that instinct. I think it

is not useful in most of our functions, but sometimes in terms of

oversight it is necessary. We all need to be prodded. We get a little

oversight from our constituents, you get a little oversight from ConVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
2

gress, and the democracy has held together pretty well for over 220

years.

Now, you have been asked, in my judgment, to fill a very large

pair of shoes. I am an unabashed fan of Administrator Jane Garvey. I thought she did a great job for 5 years. I do not think she

was displeased to leave, which was interesting, because it is part

of the pressure that you are constantly under. But, I think the

chief of the FAA has served as a revolving door. Many really wellqualified people; the question is do they stay?

Today, after 5 years of her tenure, there are major airport expansion projects around the country. I want to talk a little bit about

that, and ask some questions about that. Thousands of new pieces

of equipment are scattered here and there. Do they all coordinate?

We can talk about that. In my opinion, the FAA has a better-established relationship with air traffic controllers and other employees

than at any time in the 18 years that I have been on this Committee and in the Senate.

So again, large shoes to fill, but I do not really have any doubt

that you can do that. I support you. I think you will do a good job

and I think you have done a terrific job at NTSB. How can I prove

that? Hard to do for a relatively short period of time, but I know

it. I know it, and I know you, so I feel that I can say that without

fear of contradiction from my conscience.

So you do your good job at NTSB, and you move on to something

which is even more complicated and in the public eye. There can

be no doubt that these challenges are daunting and a few of them

will include safety—the FAA’s primary mission. But since September 11th members of this Committee, with all of us here in

Congress, have been consumed by security-related issues. This is as

it should be. But on the other hand, September 11th made clear

to everybody how much work needs to be done in this area.

Safety and security are not always the same thing. Sometimes

we get more fascinated by security than we do by safety. Safety is

tougher. But that is your mission, that is your primary mission.

Our work on transportation security does not make transportation safety any less important. Indeed, given the difficulties that

the aviation sector has experienced in the wake of September 11,

it is even more critical that we continue to improve the industry’s

safety record, and to win back the confidence, in any way that we

can of the public. That confidence should be there. That confidence

is not sufficiently there. It is a little bit of a mystery in some ways,

part of the American psyche, part of the times, but nevertheless it

is a problem and airlines are reacting to it in ways which are not

serving some of us in small States in ways that we particularly

like.

But anyway, you know all about this. Budget. Last month Secretary Mineta and Administrator Garvey indicated the FAA may

have to furlough air traffic service employees if additional moneys

were not appropriated. Since that time, Congress has appropriated

some additional funding, but not the amount requested by the Federal Aviation Administration. I am hoping that your testimony will

address both your thoughts on the immediate budget situation and

on ways we can deal with the issue over the longer term.

3

That is something we have failed to do for years. We finally

passed a decent authorization bill, but we basically have been ignoring aviation infrastructure for all of these years. That is in part

Congress’s fault.

Congestion. Some of us have started to look back wistfully to last

summer, when congestion was the most pressing issue facing the

aviation industry. That is what we talked about. Now we talk

about other things. But we all know that congestion is not a problem that is going to go away. We, in Congress, are trying to do our

best to do our part.

The O’Hare modernization bill, which is something I, as Subcommittee Chairman, feel tremendously strong about—there has

been some controversy, but not a great deal, and I think it has to

happen. It sort of determines what happens in all kinds of other

places, like North Dakota and West Virginia, and I do not know

about Arizona, but I suspect Montana, and probably Arizona.

So we have not made any progress on that. Nothing has come

out. Senator Hutchison, who is my ranking member, and really we

are co-chairs, she is absolutely terrific; we authored a bill that

would have streamlined the whole process of getting runways

under way. That has done well here, but has not progressed elsewhere. I am eager to learn how you plan to address these issues,

if you can do that.

Air traffic control. You face a number of challenges in this area,

including how to replace retiring air traffic controllers, contract negotiations with the air traffic controllers union, and controversies

surrounding the deployment of new equipment. Of these, perhaps

the highest priority is maintaining our air traffic control work

force.

Some stunning figures: a June 2002 GAO study found that approximately 5,000 controllers may retire in the next 5 years,

which—‘‘may’’ usually means ‘‘will’’—is twice the rate of the last 5

years. By 2010, GAO estimates that a total of 7,000 will retire, almost 50 percent of the 15,000 air traffic controllers who now operate.

Clearly, action is needed on this. The time to act is now. I look

forward to your thinking about that budding crisis.

Security. Most of the FAA’s aviation security functions have been

transferred to the new Transportation Security Administration. I

am not one who has disputed that. The FAA Administrator will

nonetheless have a large role, particularly in those areas where security and safety issues intersect, and there are plenty of those.

Your management of the air traffic control system, for example,

has both safety and security implications. The same goes for pilot

licensing, aircraft design specifications, reinforced cockpit doors. I

am eager for you to be an active participant and look forward to

your views on this.

So these are just some of the issues that will be facing you at

the FAA. I have a number of questions that I want to ask, as I am

sure others do, and they have statements, and I apologize mine is

so long. But these are issues that I feel very strongly about. As I

said, I think you are very, very good. I look forward to voting for

you here and on the floor just as soon as possible.

The next person, obviously, will be Senator McCain.

4

STATEMENT OF HON. JOHN MCCAIN,

U.S. SENATOR FROM ARIZONA

Senator MCCAIN. Thank you very much, Mr. Chairman, for holding this hearing on the nomination of Ms. Blakey to serve as the

Administrator of the Federal Aviation Administration. As we all

know, Jane Garvey, who served with distinction as Administrator

of the FAA for the past 5 years, left at the end of her term on August 4th. It is important that we ensure that the FAA has strong

leadership to continue the legacy established by Administrator

Garvey.

I initially had some doubts about the depth and breadth of Ms.

Garvey’s aviation experience prior to her being nominated as the

FAA Administrator. She has proved to be a strong and effective

leader at the FAA. I think Ms. Blakey may face some of these same

questions. However, I believe Ms. Blakey has exhibited strong leadership qualities in her most recent position as Chairman of the

NTSB, in addition to many other roles held within the Federal

Government over the years. I expect she will continue to exhibit

these same attributes as head of the FAA.

The confirmation of a new Administrator will mark the second

appointment after Congress enacted the 5-year term provision. I

believe it is important for an incoming Administrator to commit to

a full term. Prior to Ms. Garvey, the Administrator’s job was almost a revolving door. Ms. Garvey served her full term even after

a change in administrations. The 5-year term is key to the FAA’s

ability to maintain its independence and its status as the premier

aviation safety agency in the world. The extended term of the administrators and the agency’s independence make it essential that

its leader be unswayed by party loyalties and unaffected by political winds.

As you just stated, Mr. Chairman, the new administrator will

face numerous challenges in the coming months and years. Since

September 11th, much attention has been focused on the new

Transportation Security Administration. The FAA has continued to

operate well, but has not faced the Congressional scrutiny over the

past year that it normally attracts. That is going to change in light

of so many issues that will soon confront our new air transportation system.

In addition to security, we will need to focus on building new

runways and infrastructure and expand existing capacity. The

push toward a fully modernized air traffic control system needs to

continue.

In addition, the FAA’s funding is due for reauthorization next

year. There will be some tension between security and capacity

funding needs. Further, the collective bargaining agreement between the air traffic controllers and the agency is set to expire.

These will not be easy issues to resolve.

Ms. Blakey, I want to thank you for your willingness to serve.

I hope that we can move your nomination as quickly as possible.

Most Senators on occasion, including this one, seize an opportunity such as this to discuss for a moment a parochial issue. I will

do that now. The Grand Canyon Overflights Act was passed in

1987. It is now 2002. We still do not have regulations issued by the

5

FAA, working with the Park Service, to implement the provisions

of that act. I would hope you would give that issue some priority.

Mr. Chairman, I have to go down to the White House in a few

minutes for a meeting and so I want to thank you for holding the

hearing and I look forward to working with Ms. Blakey in the future. Thank you, Mr. Chairman.

[The prepared statement of Senator McCain follows:]

PREPARED STATEMENT OF HON. JOHN MCCAIN,

U.S. SENATOR FROM ARIZONA

Thank you, Mr. Chairman, for holding this hearing today on the nomination of

Ms. Marion Blakey to serve as the Administrator of the Federal Aviation Administration. As we all know, Jane Garvey, who served with distinction as Administrator

of the FAA for the past five years, left at the end of her term on August 4. It is

important that we ensure that the FAA has strong leadership to continue the legacy

established by Administrator Garvey.

I initially had some doubts about the depth and breadth of Ms. Garvey’s aviation

experience prior to her being nominated as the FAA Administrator, but she proved

to be a strong and effective leader at the FAA. I think that Ms. Blakey may face

some of those same questions. However, I believe that Ms. Blakey has exhibited

strong leadership qualities in her most recent position as Chairman of the NTSB,

in addition to many other roles held within the Federal Government over the years.

I expect that she will continue to exhibit these same attributes as head of the FAA.

The confirmation of a new Administrator will mark the second appointment after

Congress enacted the five-year term provision. I believe that it is important for an

incoming Administrator to commit to a full term. Prior to Ms. Garvey, the Administrator’s job was almost a revolving door. Ms. Garvey served her full term even after

a change in administrations. The five-year term is key to the FAA’s ability to maintain its independence and its status as the premier aviation safety agency in the

world. The extended term of the Administrator and the agency’s independence make

it essential that its leader be unswayed by party loyalties and unaffected by political

winds. This stability allows the Administrator to focus on public safety and not political support.

The new Administrator will face numerous challenges in the coming months and

years. Since September 11, much attention has been focused on the new Transportation Security Agency. The FAA has continued to operate well, but it has not faced

the congressional scrutiny during the past year that it normally attracts. That is

going to change in light of the many issues that will soon confront our air transportation system. In addition to security, we will need to focus on building new runways and infrastructure and expanding existing capacity. The push toward a fully

modernized air traffic system needs to continue.

In addition, the FAA’s funding is due for reauthorization next year. There will be

some tension between security and capacity funding needs. Further, the collective

bargaining agreement between the air traffic controllers and the agency is set to expire. These will not be easy issues to resolve. In short, the agency must deal with

many difficult matters in the immediate future. That being said, I am committed

to working with the new Administrator to ensure that the FAA continues to improve

the safety and efficiency of our air transportation in the years to come.

Senator ROCKEFELLER. Thank you, Senator McCain.

Senator Dorgan.

STATEMENT OF HON. BYRON L. DORGAN,

U.S. SENATOR FROM NORTH DAKOTA

Senator DORGAN. Mr. Chairman, thank you very much. I cannot

remain for the entire hearing either, but I did want to come today

to say I support this nomination. I think the President has chosen

well.

I too am a big fan of Jane Garvey’s. I think she did a really terrific job. But again, this is a good choice and I am going to be supporting Ms. Blakey’s nomination and do so with enthusiasm.

6

I do want to mention that there is also a deputy position open.

It has been open for years, unfilled. There is a chief operating officer position, a COO, that we authorized in Congress in 1999. It has

never been filled. I expect, Ms. Blakey, as you assume this job—

and I believe the Congress certainly will move to support your

nomination—as you assume this job, I am guessing that you will

very much want these other positions to be filled.

I hope the administration will send us names of the quality that

they have sent for the Administrator’s job. But we do—I think,

given the challenges that we face, we need to have the deputy, we

need to have the COO that was authorized by Congress. We need

to have that filled.

I would just like to mention that we face a lot of challenges in

air travel, especially commercial air travel, these days. I mean, you

open up a paper and you see the potential bankruptcy of some of

the largest carriers, a troubled economy and what that spells for

the aviation industry. And you are going to try to run a system

that is the largest air traffic control system in the world, be responsible for aviation safety and oversee funds for the construction of

the infrastructure.

That is going to be a very big job, I think at a very important

time. So we want to work with you and see that you do that job

well and help you do that job well.

I too want to just take the moment on a parochial issue. It seems

to me that there is a reluctance sometimes on the part of Federal

agencies to use resources that the Federal Government has already

invested in and paid for. We have at the University of North Dakota what is often referred to as the Harvard of the Sky, the Center for Aerospace Science, in fact one of the preeminent centers in

the country. I think Senator McCain has been there.

They, among other things, train air traffic controllers, and they

have done contracts with the FAA. I have been there and I have

watched on both sides of the same board Russian air traffic controllers being trained, talking to Chinese air traffic controllers in the

same room, with an air traffic control board separating them. That

is done at an educational institution with Federal investment having been made over the last dozen years or so.

I really want the FAA to take a look at those capabilities that

exist around the country, not just at this institution, but at others

as well, to find out how you can use that investment that has already been made to help you train more and more air traffic controllers as you need them.

Let me also say that the rural air service is very important. You

will hear a great deal about that from Senator Rockefeller, Senator

Burns, and myself as we go along.

But I did want to just come to say that I think this is a good

choice. You have an excellent record of public service. I wish you

well and I will certainly vote for your confirmation with enthusiasm and look forward to working with you.

Senator ROCKEFELLER. Thank you, Senator Dorgan.

Senator Wyden.

7

STATEMENT OF HON. RON WYDEN,

U.S. SENATOR FROM OREGON

Senator WYDEN. Thank you very much, Mr. Chairman. I want to

associate myself with your remarks, Mr. Chairman, about Ms.

Blakey. I think she is an excellent choice. I have just a couple of

comments this morning.

Ms. Blakey, it is clear that the Transportation Security Administration and the Federal Aviation Administration have different responsibilities. But to me and I think to the public, the bottom line

is that unless these agencies can jointly develop practical solutions

to issues like baggage screening there is going to be chaos here in

a few months.

Let me be specific. TSA, the Transportation Security Administration, is responsible for baggage screening, but it is the airports that

have to install the 1-ton giant scanners. It is the airports that have

to reinforce the floors, reconfigure the conveyor belts, and passengers who have to maneuver their own bags to the screeners. So

there are going to be important burdens on the airports.

One of the areas that I would like to hear you discuss this morning is what role do you see for the Federal Aviation Administration

in working with the airports and with the Transportation Security

Administration to avoid what I think is otherwise going to be chaos

for passengers and for airports as it relates to these various screening issues.

Like my colleagues, there are going to be some other questions

that I would like to examine. I have heard from the Federal Aviation Administration that they are concerned that very often technological improvements that they would like to make are just mired

in paperwork, and I would hope that a priority on your watch could

be to expedite those.

As we talked about during our meeting in my office, and it was

a good meeting and I appreciate your doing it, I hope that you will

continue to build on the record of making consumer-friendly information available online. For years people had to file Freedom of Information Act requests to find out about major safety violations at

the agency. But Linda Daschle, working with this Committee on a

bipartisan basis, changed that. I would hope that we could build

on that. I know that you have an interest in safety issues and I

would hope that we could continue the bipartisan tradition that

this Committee has had in terms of trying to help consumers with

that safety data.

Thank you, Mr. Chairman.

Senator ROCKEFELLER. Thank you, Senator Wyden.

Senator Burns.

STATEMENT OF HON. CONRAD BURNS,

U.S. SENATOR FROM MONTANA

Senator BURNS. Thank you, Mr. Chairman. Thanks for holding

this hearing and getting Ms. Blakey into office and getting her

going.

I have a couple of parochial questions I want to ask in just a little bit. I will take my turn. I will not ask them right now or what

they even cover. But we welcome you here today and we thank you

for stepping forward and taking this over.

8

The FAA is, some have described as, a culture unto its own, not

without problems. So I think your challenges in the next 2 or 3

years are going to be many. I happen to believe that we made a

couple of mistakes in our airport security bill and now we are sort

of paying for that and seeing what can actually happen when you

create something and it is never uncreated, in fact it becomes a

giant that we cannot handle.

I was in Bozeman the other day, Montana. Now they are telling

us there that they are going to have to have 76 screeners in Bozeman, Montana, that loads around 225,000 people a year. 76. I do

not know what they are going to do. If they just run around over

each other, maybe they will have a hard time getting through each

other to help folks out with their bags. I am not sure.

But we have created this and now we are seeing what can happen when we, maybe with good intentions, but we also have some

unintentional things happening that do not make us any safer and

there is no way they can make us any safer. It is just going to cost

a hell of a lot of money.

So I have got a couple of questions with regard to the State of

Montana. We have a couple of areas up there that we have been

trying to get their attention the last—ever since I have been here—

14 years; and so far I guess we have not made a strong enough

case. But I hope that you will take our recommendations and take

a look into it and see what we can do to fix it.

Thank you, Mr. Chairman, for this hearing.

Senator ROCKEFELLER. Thank you, Senator Burns.

You understand, Ms. Blakey, that the best time to ask the questions is before confirmation.

We now have Senator Fitzgerald.

STATEMENT OF HON. PETER FITZGERALD,

U.S. SENATOR FROM ILLINOIS

Senator FITZGERALD. Thank you, Mr. Chairman. Ms. Blakey,

thank you very much for being here. I think you are going to be

a great FAA Administrator and I have had the opportunity to get

to know you a little bit. I think you have a superb record of public

service in a variety of transportation-related posts, most recently at

the National Transportation Safety Board.

I think you are aware of all the challenges the FAA has. It is a

very tough job, but I think you are probably up to it. I think one

of the biggest things the country is going to have to confront in upcoming years is how we change from a radar-based air traffic control system to a global positioning satellite system. It will be very

complicated to implement. The FAA has had difficulty implementing new air traffic control systems in the past and so I think

there will be significant managerial issues that you will confront.

But I am convinced, on the basis of a review of your record and

having met you in person on a couple of occasions and having had

the opportunity to talk to you, that you have the makings of a fine

FAA Administrator. I am glad that the Committee is moving expeditiously here, because we cannot have that post vacant for too

long. So my thanks to the Chairman for having this hearing our

first day back from the August break.

9

Welcome, Ms. Blakey, and we will look forward to talking to you

in the question and answer section.

Senator ROCKEFELLER. Thank you, Senator Fitzgerald.

Senator Stevens.

STATEMENT OF HON. TED STEVENS,

U.S. SENATOR FROM ALASKA

Senator STEVENS. Ms. Blakey, I welcome you, too. As we previously discussed, hopefully you will come to Alaska and see Capstone working. It is, I think, the greatest new technology since

radar and really is going to improve our aviation system greatly.

Alaska has seven times more pilots per capita than the national

average, so if you want to learn something about flying come up

our way. We will be happy to show you what it means. We do not

have buses or taxis. Outside of one city, everything else is by air.

Seventy percent of our communities can be reached only by air.

You have probably the most important job for Alaska that I can

think of within the Administration, other than the fellow that lives

at 1600 Pennsylvania. We are making great progress right now because of work that your agency has done along with various other

agencies dealing with past fatalities in our aviation community.

Safety is on the front burner in Alaska and we need your help to

make sure those programs go through, like the Medallion program—a totally volunteer, industry-conceived and industry-operated program. You cannot tell Alaskan pilots what to do from

Washington, but you can let them tell themselves what to do from

Alaska, and it is working very well.

So I urge you to come up and see it any time. You follow in really

big shoes.

Thank you very much.

Senator ROCKEFELLER. Thank you, Senator Stevens.

Senator Allen.

STATEMENT OF HON. GEORGE ALLEN,

U.S. SENATOR FROM VIRGINIA

Senator ALLEN. Thank you, Mr. Chairman. I especially thank

you for holding this hearing on this very important position. I certainly look forward, and I have read your remarks, Ms. Blakey, to

your being the Administrator of the FAA. The Administrator of the

FAA has always been a very important position—enormously important—and vital to our economy, communities, the States, and

jobs. In our economy, obviously, how the aviation industry is moving does have an impact on jobs. It is down now, but you recognize

that it will be back.

I am glad to see that you have noticed the need for air traffic

control modernization and also, now more than ever since September 11th, the need for security. Really, you have one of the

most challenging positions in the entire Administration.

I would say, Mr. Chairman, that Ms. Blakey is an outstanding

choice to be Administrator of the Federal Aviation Administration.

You have impressive credentials and background, and I commend

the President for this outstanding choice.

Now, I will certainly, and I think this Committee will, work with

you for the modernization of the air traffic control system. It has

10

been needed for a long time. We need to work together and get it

done. I am pleased that in your written responses to the Committee’s questions, you mention air traffic control modernization as

one of your top priorities in the first 2 years of your administration

of FAA.

I encourage you to look at new technologies, how technology can

help us in scheduling, in creating virtual domes around protected

areas—whether they are nuclear power plants or buildings such as

the Capitol or others. Embrace advances in technology.

Senator Dodd and I will be introducing or planning to introduce

an aeronautics revitalization bill this month intended to reverse

the trend of reduced funding for aeronautics research and development. The bill will hopefully include provisions addressing air traffic control management and modernization issues. So, therefore, we

look forward to working with you. I am sure Senator Wyden also—

we have worked together on these issues—will join with us.

On another matter, since Senator McCain brought up a parochial

issue, I shall as well. That has to do with Reagan National Airport.

As you well know, general aviation continues to be prohibited at

Reagan National Airport. Secretary Mineta at a hearing on aviation security here in May, when queried by me on the situation,

said that the plan would be announced by the end of the month.

We then had another hearing in July, and I asked him again about

the Department’s plan to open Reagan National to general aviation.

We are now nearly a year from the tragic events, and Reagan

National remains closed to general aviation. It is my hope that we

can work together to find the right security, the right procedures,

so that we can have secure general aviation back at Reagan National Airport. I look forward to working with you on this challenging subject.

I know it is not solely your decision. I know the Secret Service

is involved. If they had their way, Reagan National would probably

be closed to commercial aviation as well. So we need to build good

security, sound security, enhanced obviously for Reagan National,

but get it back open for general aviation.

Again, thank you, Mr. Chairman, for holding this hearing in such

a timely manner, and I look forward to working with you and hearing your responses to various questions. Thank you all.

Senator ROCKEFELLER. Thank you, Senator Allen.

Senator Kerry.

STATEMENT OF HON. JOHN F. KERRY,

U.S. SENATOR FROM MASSACHUSETTS

Senator KERRY. Mr. Chairman, thanks very much for having this

hearing. I will be very brief.

Let me just say, first of all, Ms. Blakey, we welcome this opportunity to explore some issues with you. I had some reservations

about proceeding earlier on this and I want you to know that it has

nothing to do with the question of your qualifications whatsoever.

You are eminently qualified and I think it is important to, obviously, get somebody in this job.

But I did think it was important to try to signal concern that a

number of us have about existing employees within the FAA who

11

are members of AFSCME who had a contract that has been in existence—let me just say, that was agreed upon between the FAA

at the end of the Clinton Administration, and there is a disagreement between the parties now as to what procedure might have

been followed after that. But for an unknown reason it has been

sent to OMB and it has sort of been held there, which was not part

of the agreement at the end of the Clinton Administration.

So there are some 2,000 employees whose morale is low, whose

capacities are not being utilized to the fullest as a consequence of

this situation. I think it is really important to try to get that resolved. I do not think that anyone is well served by having a year

and a half go by in which the contract sort of sits in limbo.

The message that is sent by that is I suppose discernible, if indeed that is the message that is meant to be sent. If it is not the

message that is meant to be sent, then there is no reason not to

complete the mission, so to speak.

Second, Boston Logan Airport is one of the few places in the

country that is going to meet the screening deadline on time. We

are proud of that, particularly because of the sad, tragic association

of that airport with the events of last year. But it is having great

trouble getting compensation under the TSA for the expenditures

and for the layout. I think again, if there is going to be that kind

of sort of slow response—I know that is not directly under you. I

think you as a prospective Administrator will have an enormous

capacity to be able to have an impact on those kinds of decisions

because you still will have a very serious role with respect to airport safety.

The final comment I just want to make very quickly is there are

a whole slew of issues, obviously, which for a long time have been

subject to enormous bureaucratic resistance. It is the bane of all of

our existence. It bears no party label. It has happened in both administrations, Republican, Democrat. But somehow the economy

and the safety of our airways and the capacity of our airports to

be maximized and of our ability to move goods and people, both of

which are essential for the growth of our country, are restrained

as a result, just because there is this inertia, this unwillingness to

try and move and make decisions, whether it was getting screening

equipment into airports or whether it is resolving some of the airway congestion.

Speaking to what Senator Allen just said, there seems to be a defiance of common sense in some of the security procedures and

some of the ways in which we are approaching decisions about aircraft routes and flights and so forth. There has to be a way that

one can create a clearance system for general aviation with pilots,

many of whom are ex-American military, who have security clearances, who have all the ability in the world through codes, transponders, and other things to signal whether there is a problem on

the tarmac or whether there has been a hijack, whatever.

There are ways to create a system that does not have to shut

down commercial enterprise the way we are today. There are ways

to facilitate the flow of people through our airports with the modern technology of personal identification that we have today, to be

able to create less lines, less backup, and less sort of stupid—the

story, I know it is a nice symbol to have Al Gore stopped with evVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00015 Fmt 6633 Sfmt 6601 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
12

erybody else, with his arms out and so forth, being searched. But

if everybody does in fact know who that person is, while four other

people may pass by who might better have been served with that

kind of search, it does not make sense, and I do not think anybody

here thinks it does make sense.

So there has to be, I hope, a way to try to streamline the capacity

of our country to sort of facilitate people’s flow through airports

and to again de-congest the airways, which have been an ongoing

problem for some period of time, more rapidly and more effectively.

I really hope that you will set about to rapidly examine and try to

implement those methodologies. I thank you for that.

Thank you, Mr. Chairman.

Senator ROCKEFELLER. Thank you, Senator Kerry.

I might just mention, Ms. Blakey, that in flying home from one

of our many, many flights from West Virginia to this area last

night, I went through a complete search and took my shoes off, and

it was good. So I disagree a little bit with Senator Kerry.

My point is that it is not—the people who were doing it were sort

of embarrassed about it. But I, evidently, had something in my

shoe or something that bothered them and they had to do that. In

fact, other passengers were watching it and I think it sort of democratized the process. You know, everybody is going to get the

same treatment, and this is one of the problems. The pilots did not

like that for a while. Well, too bad. You know, everybody gets the

same treatment, and if you are going to be security conscious you

have got to be security conscious on an equal basis.

I do not mean to disagree specifically with the example of Senator Kerry, but I was glad I went through that process last night.

And I know how to knot up my sneakers and everything, so that

worked out OK.

Senator KERRY. Maybe you have knowledge about your own proclivities that nobody else does.

Senator ROCKEFELLER. Well, that may be. But you understand

my point. There are two sides to that and it is a difficult issue.

Let me ask a couple of questions. We will go by the 5-minute rule

here. This is on staffing needs. The Secretary indicated that he had

to have $100 million and he was appropriated $42 million with another $33 million that could have come out of the Airport Trust

Fund. That was in order to do the hiring that he needed to do. Otherwise he was going to have to furlough lots of employees.

Now, being involved with aviation as I am, I think it is essential

that Congress do what is necessary to keep our aviation system

moving and having it fully staffed. So I am wondering, how do you

react to this question of shortfall, potential large or medium-sized

shortfall in terms of funding, particularly as it affects inspectors

and controllers?

I have made a rather large error. You would like to say something. So if you could try to remember my question, which I will

be glad to repeat.

Ms. BLAKEY. I can.

Senator ROCKEFELLER. That is what happens when we all talk

so long. Sometimes you forget.

Ms. BLAKEY. Well, that is all right.

13

Senator ROCKEFELLER. You are not under the 5-minute rule. You

can talk for however long you want, and I apologize to your husband and to your daughter.

STATEMENT OF MARION CLIFTON BLAKEY, CHAIRMAN,

NATIONAL TRANSPORTATION SAFETY BOARD AND

ADMINISTRATOR-DESIGNATE OF THE FEDERAL

AVIATION ADMINISTRATION

Ms. BLAKEY. Not at all. On the theory that perhaps a few comments here might address some of the broad concerns that have

been expressed from the members of this Committee, I will try to

make them very brief. But I do want to start by thanking you, Mr.

Chairman, and this entire Committee for holding this hearing so

promptly, the day after recess. This was a very real vote of support

for the FAA and I appreciate it personally because I do hope we

can move forward together.

I also want to tell you that it is certainly an honor from my

standpoint to appear here as the President’s nominee to be Administrator of the Federal Aviation Administration. I realize that there

are enormous challenges in this job, but at the same time, I cannot

tell you what an honor it is to me personally, and a vote of confidence in a lot of people I have worked with at the NTSB and elsewhere, to be asked to take this on.

I also do want to thank my family for being here, my husband

Bill, my daughter Mona. They have obviously been with me and

supported me during a lot of challenges and I have a feeling I am

going to have to call on them again in this position as well.

I also do want to acknowledge the exceptional leadership that the

President, Secretary Mineta, Deputy Secretary Jackson, who is

here with us today, and Administrator Garvey showed in the wake

of the tragedy of 9–11. Not only have they strengthened the safety

and the security of this country, but they have also worked very

hard to help our aviation industry rebound, and for that I think we

are all grateful.

Should I be confirmed, I intend to work very hard to advance

their critical efforts along these lines and to work with you to ensure that the United States aviation system is literally the safest,

most secure, and most efficient transportation system in the world.

Now, I have been privileged, as several of you have noted, to

have some years ago served as the head of the National Highway

Traffic Safety Administration and most recently as the Chairman

of the National Transportation Safety Board. The NTSB has an exceptional group of professionals who work each and every day to

advance public safety in all modes of transportation. But, simply

put, without the support in so very many ways of this Committee,

public safety would not be where it is today and certainly the work

of the NTSB could not go forward. So I would be very remiss if I

did not personally take time to thank you for that.

As Chairman of the NTSB, I have had the opportunity to work

closely with the FAA, with industry leaders, airport leaders, citizen

groups, transportation union officials, as well as Members of Congress, on many of the safety issues facing our aviation system. I

have also seen firsthand the importance of cooperation and partnership between the public and private sectors.

14

I have to say that among the many notable achievements of Jane

Garvey one thing really stands out, and that is a strong system of

consensus-building, and partnership, that she achieved between

the public and private sector. It is one of her key legacies and in

point of fact, if confirmed, I will work very hard to buildupon that

approach to meet the agency’s current and future challenges, because they are real, as you have noted, and work to have real partnerships, not only with the aviation community itself, but with the

broader group, the flying public, the manufacturers, airlines, the

GA community, and our transportation leaders at State and local

levels.

You all have noted many challenges in the system. Let me first

just mention a couple because I do think it is important to try to

have our priorities straight from the outset. Almost everyone here

has mentioned security and I have to say that cooperating with the

Transportation Security Administration to both maximize safety as

well as security, while allowing the system to operate efficiently, is

a top priority.

Ensuring the world’s safest skies become even safer is also a

major priority in and of itself. This includes implementing the

NTSB safety recommendations, developing innovative programs

such as the FAA’s Flight Operational Quality Assurance Program—

I know it affectionately as ‘‘FOQA’’—that really does advance our

work by giving us precursor information, data from pilots and those

on the front lines, about what is really happening in the system;

and looking to advance the technologies that are out there, to really implement them in a way that is going to make navigation safety on the front lines in our technology.

Third, I think we need to talk about maximizing the aviation system’s efficiency to accommodate all of the increases we are talking

about in traffic. I personally have great confidence that this system

is going to rebound and when it does we must not be caught flatfooted. We have to therefore continue to work to advance the air

traffic system and improve the use overall of the Nation’s airspace.

Finally, I have to say that I was so encouraged to hear a number

of you mention the importance of filling positions at the FAA, because establishing a strong management team—no one person can

do this job alone—is critical, and I would certainly say that filling

the chief operating officer position in particular is one that I want

to move very quickly to address.

Next year this Committee is going to consider the reauthorization of the FAA’s programs and it will be time to assess the agency’s performance, set priorities, realign them if necessary, and look

at the mission and the way we are approaching this, and whether

we have the necessary funding as well as statutory authority to do

the job. If confirmed as Administrator, I will work very closely with

this Committee to ensure that the agency’s reauthorization process

provides a platform, a real starting point to ensure that we go to

a new peak of both safety and efficiency.

You know, it has been said that the hallmarks of basic

airmanship are practical application of training, skill, experience,

and professional judgment, which is exactly what our pilots, our

crews, our controllers, and everyone involved in aviation in this

country does on a daily basis. I believe they do it better than anyVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00018 Fmt 6633 Sfmt 6601 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
15

one else in the world. As a result, I am very honored, Mr. Chairman, by the trust that the President and others have placed in me

in asking me to be the nominee for this position.

If confirmed, I pledge that I will do my best to guide the FAA

through the many challenges that you and others have enumerated

that face the FAA in the days and years ahead. I hope to do it with

the same level of skill, experience, judgment that has been shown

by my colleagues in aviation day in and day out.

I would like to thank the Committee again for the swift consideration of my nomination. I would be happy to entertain questions.

Thank you.

[The prepared statement of Ms. Blakey follows:]

PREPARED STATEMENT OF MARION CLIFTON BLAKEY, CHAIRMAN, NATIONAL

TRANSPORTATION SAFETY BOARD AND ADMINISTRATOR-DESIGNATE OF THE FEDERAL

AVIATION ADMINISTRATION

Mr. Chairman, Senator McCain, and distinguished members of the Committee:

It is truly an honor to appear before you today as President Bush’s nominee for

Administrator of the Federal Aviation Administration (FAA). Thank you for holding

this hearing so promptly. I know your schedules are full, and the Senate has a

packed agenda, so I will keep my opening remarks brief and allow as much time

as possible for questions.

Mr. Chairman, I know the President and Secretary Mineta share this Committee’s

concern that there be strong leadership at the FAA. Indeed, this is a critical time

for our Nation’s aviation industry. For this reason, the FAA’s important work in ensuring aviation safety, improving the nation’s air traffic control system, and meeting

aviation capacity challenges must continue without interruption or delay. Should

the Senate honor me with confirmation, I will work hard to ensure a smooth transition and a strong management team at the FAA.

At this time I want to acknowledge the exceptional leadership provided by the

President, Secretary Mineta, and Administrator Garvey, especially in the wake of

the September 11th tragedies. Not only have they strengthened the safety and security of our country, but they have also worked hard to help our aviation industry

rebound. Should I be confirmed, I intend to advance their critical work by making

sure that the United States’ aviation system is the safest, most secure, and most

efficient air transportation system in the world.

It should come as no surprise that I emphasize safety. As you know, at an earlier

point I headed the National Highway Traffic Safety Administration, and now I am

Chairman of the National Transportation Safety Board (NTSB). I want to take this

opportunity to thank the Committee for all its support of the NTSB and its employees. Each and every day, the men and women of the Safety Board strive to protect

and advance public safety in all modes of transportation. They are an exceptional

group of professionals, and I can honestly say that nothing has been more rewarding

to me than working with them to strengthen the safety of our transportation system.

If confirmed I will be tasked with assessing and implementing many of the recommendations that the NTSB has issued to the FAA, and I will no doubt find myself responding to letters I’ve written. Taking action in many cases will be challenging, but I intend to follow through on the NTSB’s recommendations vigorously.

As I looked back through our records, I saw letters where former FAA Administrator Don Engen was also being tasked by himself and—if he were still with us—

I’m sure he could offer me sound advice.

As Chairman of the NTSB, I have had the opportunity to work closely with the

FAA, with industry leaders, airport officials, citizen groups, transportation labor

leaders, as well as with Members of Congress on many major aviation safety issues.

I have also seen first-hand the importance of cooperation and partnership between

the private and public sectors in advancing safety. Among Jane Garvey’s many notable achievements, one of her key legacies is a strong system of consensus building

between the public and private sectors. If confirmed, I intend to support and build

on this approach to meet the agency’s current and future challenges through partnerships with the aviation community—including the flying public, the manufacturers, the airlines, the general aviation community and transportation labor leaders.

What are these challenges? Let me briefly discuss what I believe are just a few

of the major challenges confronting the FAA.

16

It is fortuitous that this hearing should take place during the same week the Senate is considering landmark legislation to establish the Department of Homeland

Security, which would include the Transportation Security Administration (TSA) as

one of its core components. The creation of this new department highlights one of

the major challenges currently facing the FAA—how best to maintain and increase

the focus on aviation safety in a post 9–11 environment in which security concerns

are paramount. As I said, I believe cooperation is essential. The FAA must work

closely with TSA to maximize safety and security while allowing the system to operate effectively. I know this is a priority for Secretary Mineta, and it will be a priority for me, should I be confirmed.

Improving security while ensuring that the world’s safest skies become even safer

is a challenge. By implementing NTSB safety recommendations, developing innovative programs, and working with the aviation industry, the new Administrator can

help further reduce the nation’s accident rate.

One important way to drive down the nation’s accident rate is to expand our understanding of the human factor—the single largest contributor to aviation accidents. In part, we can do this by collecting and analyzing as much information as

possible. The FAA’s Flight Operational Quality Assurance Program (FOQA) will

play an important role in accomplishing this goal. Twelve airlines currently participate in the FOQA program, which enables voluntary reporting of digital flight data

from airline operations. This information is then analyzed to identify adverse safety

trends for proactive accident prevention. I believe that FOQA—and programs like

it—will play a significant role in reducing the nation’s accident rate.

The new Administrator will also be confronted with maximizing the aviation system’s efficiency in order to accommodate anticipated increases in traffic. Meeting

this challenge will involve both continuing to modernize the system as well as developing improved utilization of the nation’s airspace. Before September 11th, the FAA

predicted considerable growth in the aviation industry. Although the industry is currently experiencing a slowdown, many experts predict that the industry will soon

return to pre-September 11th levels. This increase will intensify safety concerns as

well as capacity pressures. The FAA has utilized the tools provided by Congress, including procurement reform, to sustain, renew, and expand the capabilities of the

air traffic control system. Some of the tools in place are providing system users with

tangible benefits, such as more direct routing and reduced diversions in inclement

weather. But system modernization is a continuous process, and the pressure to develop and implement new tools must be maintained in order to meet tomorrow’s demands.

Until recently, the use of our airspace remained largely unchanged while other

components of the aviation system were improved significantly. Maximizing the nation’s airspace efficiency is critical to meeting future capacity demands. I think the

FAA’s Operational Evolution Plan (OEP)—a comprehensive 10-year plan that provides an understanding of how agency resources will enable the agency to achieve

specified goals—is an excellent management tool. This plan, which includes airspace

redesign, airport improvements, and system modernization, is only a blueprint. Executing the plan is critical and will require the combined efforts of Federal, State,

and local government and system users.

Finally, the staffing and internal organization of the FAA requires attention. The

search for a Chief Operating Officer (COO) continues. Although filling the position

won’t be easy—it must remain a top priority. As you know, an Air Traffic Organization (ATO) is in the process of being created. Important safety and efficiency initiatives, such as performance metrics and cost accounting must be expanded and implemented. Based on my experience at NHTSA, at the NTSB, and in the private

sector, I know that in order to accomplish an organization’s mission you have to employ the best people, give them the best tools, and support them with appropriate

resources. If this is done correctly, then true accountability for performance can be

achieved.

Next year, this Committee will consider the reauthorization of the FAA’s programs. It will be a time to assess the agency’s performance, set priorities, and support its missions with the necessary funding. It will also be important to have extensive input and feedback from the aviation community on how best to build on and

further improve the aviation system’s safety record. If confirmed as Administrator,

I will work closely with the Committee to help ensure that the FAA’s reauthorization process provides a platform to take our system to a new peak of safety and efficiency.

Mr. Chairman, I am honored by the trust the President has placed in me as his

nominee. If confirmed, I pledge to do my utmost to guide the FAA well through the

many challenges that lie ahead. I would like to thank this Committee again for its

swift consideration of my nomination, and I look forward to a close working relationVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00020 Fmt 6633 Sfmt 6621 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
17

ship should the Senate act favorably. I would be pleased to answer any questions

you may have.

A. BIOGRAPHICAL INFORMATION

1. Name: Marion Clifton Blakey.

2. Position to which nominated: Administrator, Federal Aviation Administration.

3. Date of Nomination: Not available.

4. Address: Information is not available to the public.

5. Date and place of birth: Information is not available to the public.

6. Marital status: Husband: William Ryan Dooley.

7. Names and ages of children: Daughter: Mona Topp Dooley, Age 14.

8. Education: High School: Sidney Lanier High School, Montgomery, Alabama,

1963–1966, Diploma received 1966. College: Mary Washington College, Attended

September 1966 to May 1970, BA received 1970; Universita di Fireneze, Attended

June 1969 to August 1969, no degree; Universita Per Stranieri, Attended March

1969 to June 1969, and Diploma received. Graduate school: John Hopkins University, School of Advanced International Studies, Attended from 1971 to 1973, Completed 1 year of a 2-year Masters degree.

9. Employment record: National Endowment for the Humanities, November 1970–

August 1984, 1200 Pennsylvania Ave., Washington, DC, Director of Public Affairs,

Program Specialist. Department of Education, October 1985–Novenber 1987, 400

Maryland Ave., Washington, DC, Director of Public Affairs. The White House, November 1987–August 1988, 1600 Pennsylvania Ave., Washington, DC, Special Assistant to the President for Public Affairs. The White House, August 1988–February

1989, 1600 Pennsylvania Ave., Washington, DC, Deputy Assistant to the President

for Public Affairs & Communications Planning. Department of Commerce, March

1989–July 1989, 14th & Constitution Ave., Washington, DC, Consultant. Department of Commerce, July 1989–August 1990, 14th & Constitution Ave., Washington,

DC, Director, Office of Public Affairs. Department of Transportation, August 1990–

September 1992, 400 7th St. SW, Washington, DC 20590, Assistant Secretary for

Public Affairs, USDOT. Department of Transportation, September 1992–January

1993, 400 7th St. SW, Washington, DC 20590, Administrator, NHTSA, USDOT.

Blakey & Associates, 1993–2001, 1501 M Street NW, Washington, DC 20005, President. National Transportation Safety Board, September 2001–Present 490 L’Enfant

Plaza East, SW, Washington, DC 20594, Chairman.

10. Government experience: Served as a member of the Commission on Presidential Scholars, 1989–1990. Served as a consultant to U.S. Department of Transportation January 2001.

11. Business relationships: Blakey & Associates, Inc.—President.

12. Memberships: 1993 to present—National Advisory Committee of Best Friends

Foundation. 1994 to present—Executive Committee CARE ball, Washington, DC.

1997 to 2000—Vestry, St. John’s Church at Lafayette Square. 2002—Advisory

Board, The Belizian Grove (professional women’s group)

13. Political affiliations and activities: (a) None. (b) Volunteer, Republican National Convention, 2000. (c) May 1995—People for Pete Domenici, $1000.00. May

1995—Joe Skeen for Congress Inc, $500.00. Dec 1995—Dole for President, $1000.00.

June 1996—Republican National Committee, $1,000.00. February 1999—Dan

Quayle, $1,000. February 1999—Elizabeth Dole, $1,000. June 1999—George W.

Bush, $1,000. June 1999—George W. Bush, $1,000. August 2000—Spencer Abraham, $1,000. October 2000—Republican National Committee, $5,000.

14. Honors and awards: National Merit Finalist, 1966. Pi Gamma Mu National

Social Science Honorary, 1970. Belk Foundation Award, 1966. UDC National 4-year

scholarship, 1966–1970. Judge, TV and radio awards, Corporation for Public Broadcasting, 1980. Member, Commission on Presidential Scholars, 1989. Honorary Doctor of Science Degree, College of Aeronautics, 2002. Alumni Member, Phi Beta

Kappa, Mary Washington College, 2002. Distinguished Alumni Program, Mary

Washington College, 2002.

15. Published writings: Remarks of Marion Blakey at the Automotive News World

Congress, published in Automotive News, February 22, 1993. ‘‘Good Call, Mr. Pena,’’

Marion Blakey, The Washington Post, December 9, 1994. ‘‘The Air Bag Battle . . .

the Claybrook Speech,’’ Diane Steed, Jerry Curry & Marion Blakey, The Washington

Post, December 13, 1996. ‘‘Back Seat is Safest for Children,’’ Letter-to-the-editor,

Marion Blakey, USA Today, July 12, 1996. ‘‘Getting hardcore drunk drivers off the

road,’’ Marion Blakey & John Lawn, State Government News, June/July 1998. ‘‘Getting hardcore drunk drivers off the road,’’ Marion Blakey & John Lawn, The Washington Post, May 20, 1998. ‘‘U.S. Hardcore drunk drivers using flawed legal system,’’

18

Marion Blakey, The Beaumont Enterprise, October 29, 1999. ‘‘Confronting the problem of Hardcore Drunk Drivers,’’ Marion Blakey, Impaired Driving Update, January/February 1999. ‘‘Combating Hardcore Drunk Driving: A Sourcebook of Promising Strategies, Laws & Programs’’ (The Century Council) 1997. ‘‘Criminalizing

Auto Defects is Unsafe,’’ Marion Blakey, The Wall Street Journal, September 26,

2000. ‘‘Missouri Booster Seat Legislation will Save Children’s Lives,’’ Marion

Blakey, St. Louis Post Dispatch, April 1, 2002.

16. Speeches: October 16, 2001, National Association of Governor’s Highway Safety Representatives annual meeting, Long Beach, California (Speech). October 25,

2001, National Safe Kids/NAACP/UAW/GM Child Car Seat Inspection and Giveaway Event, Baltimore, Maryland (Speech). January 12, 2002, Annual Management

Conference National Railroad Construction and Maintenance Association, Inc.,

Miami, Florida (Speech). January 20, 2002, International Bus Expo, United Motorcoach Association, Indianapolis, Indiana (Speech). January 23, 2002, Association of

Oil Pipelines Annual Winter Meeting, Washington, DC (Speech). January 30, 2002,

NTSB Annual Awards Ceremony (Speech). February 7, 2002, Child Passenger Safety Week Press Conference, Washington, D.C. (Speech). April 15, 2002, Safety at Sea

and Marine Electronics Exhibition and Conferences, Amsterdam, Netherlands

(Speech). April 23, 2002, NTSB Diversity Day Celebration (Speech). April 30, 2002,

American Automobile Association National Conference, Chicago, Illinois (Speech).

May 6, 2002, American Association of Airport Executives, Atlantic City, New Jersey

(Speech). May 8, 2002, Virginia Department of Motor Vehicles, Richmond, Virginia

(Speech). May 15, 2002, Address to NTSB Employees (Speech). May 18, 2002, College of Aeronautics Commencement, New York, New York. May 23, 2002, Aero Club

of Washington, DC (Speech). June 10, 2002, Lifesavers Conference, Orlando, Florida

(Speech). June 18, 2002, Flight Safety Foundation (Speech). June 21, 2002, MADD

Board of Directors (Speech). July 10, 2002, ATA Safety Council (Speech).

17. Selection: (a) Do you know why you were chosen for this nomination by the

President? I believe I was chosen for this position because I have a long-standing

commitment to transportation safety, and I have developed my leadership skills and

executive management experience in both the public and private sector. My experience as Chairman of the National Transportation Safety Board (NTSB), Administrator of the National Highway Traffic Safety Administration (NHTSA), Assistant

Secretary for Public Affairs at the Department of Transportation (DOT) and owner

of a public affairs firm has prepared me to deal with the challenge of managing the

Federal Aviation Administration (FAA).

(b) What do you believe in your background or employment experience affirmatively qualifies you for this particular appointment? The goal of the FAA is to provide the safest, most secure, and most efficient air transportation system in the

world. As Chairman of the NTSB for the past 10 months, I have worked closely with

the FAA to achieve its goals and to improve the safety of the nation’s aviation system. As Chairman, I not only have developed an understanding of the major safety

issues facing the aviation industry, but I also have attempted to build a productive

working relationship with Congress and many of the industry’s leaders—in both the

private and public sectors.

Over the past two decades, I have consistently worked on transportation-related

issues. I served as Assistant Secretary for Public Affairs at the U.S. DOT from 1990

to 1992. In this capacity, I worked with the FAA, the Coast Guard, the Federal Railroad Administration, and other modal administrations. I then served as Administrator of the NHTSA and worked to reduce the high number of deaths and injuries

on our country’s highways. I was responsible for dealing with automotive regulatory

and safety matters as well as managing broad public education campaigns concerning traffic safety issues, such as drunk driving and the use of safety belts.

Prior to my service as Chairman of the NTSB, I ran a public affairs consulting

practice that concentrated on transportation safety.

Finally, my thirty years in both government and the private sector have given me

the experience to deal with the management challenges of administering the FAA.

In addition to my management experience, my many years as a career civil servant

have given me an understanding of the rank and file of government as well as the

supervisory level.

B. FUTURE EMPLOYMENT RELATIONSHIPS

1. Will you sever all connections with your present employers, business firms,

business associations or business organizations if you are confirmed by the Senate?

I currently have no such connections.

19

2. Do you have any plans, commitments or agreements to pursue outside employment, with or without compensation, during your service with the government? If

so, explain. No.

3. Do you have any plans, commitments or agreements after completing government service to resume employment, affiliation or practice with your previous employer, business firm, association or organization? No.

4. Has anybody made a commitment to employ your services in any capacity after

you leave government service? No.

5. If confirmed, do you expect to serve out your full term or until the next Presidential election, whichever is applicable? Yes.

C. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and

other continuing dealings with business associates, clients or customers. None.

2. Indicate any investments, obligations, liabilities, or other relationships that

could involve potential conflicts of interest in the position to which you have been

nominated. Please refer to General Counsel’s Opinion letter enclosed.

3. Describe any business relationship, dealing, or financial transaction which you

have had during the last 10 years, whether for yourself, on behalf of a client, or

acting as an agent, that could in any way constitute or result in a possible conflict

of interest in the position to which you have been nominated? None. Potential conflicts relating to my prior position as President of Blakey & Associates have been

resolved. Please refer to General Counsel’s Opinion letter enclosed.

4. Describe any activity during the past 10 years in which you have engaged for

the purpose of directly or indirectly influencing the passage, defeat or modification

of any legislation or affecting the administration ,and execution of law or public policy. Between 1993 and 2002, I served as a consultant to businesses and non-profit

organizations, providing counsel and assistance on a number of areas of public policy. For the most part, our firm’s work involved strategic planning and communications assistance rather than direct lobbying, although we often provided public relations assistance for lobbying efforts. For example, in the past, Blakey & Associates

worked on behalf of a group (the Coalition for America’s Gateways and Trade Corridors) we helped form. Our firm provided policy development, coordination, and

public relations support to this group to increase funding for intermodal freight infrastructure in the United States.

We also worked on behalf of the Airport Council International on legislation increasing passenger facility charges and other matters.

In addition, as Chairman of the NTSB, I testified before the House and Senate

Authorization and Appropriations Committees. I also testified on behalf of the

NTSB in hearings related to rail and highway safety.

5. Explain how you will resolve any potential conflict of interest, including any

that may be disclosed by your responses to the above items. (Please provide a copy

of any trust or other agreements.) Please refer to General Counsel’s Opinion letter

enclosed.

6. Do you agree to have written opinions provided to the Committee by the designated agency ethics officer of the agency to which you are nominated and by the

Office of Government Ethics concerning potential conflicts of interest or any legal

impediments to your serving in this position? Yes.

D. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics for unprofessional

conduct by, or been the subject of a compliant to any court, administrative agency,

professional association, disciplinary committee, or other professional group? If so,

provide details. No.

2. Have you ever been investigated, arrested, charged or held by any Federal,

State, or other law enforcement authority for violation of any Federal, State, county,

or municipal law, regulation or ordinance, other than a minor traffic offense? If so,

provide details. No.

3. Have you or any business of which you are or were an officer ever been involved as a party in interest in an administrative agency proceeding or civil litigation? If so, provide details? No.

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of

any criminal violation other than a minor traffic offense? No.

5. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination.

None.

20

E. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines set by

congressional committees for information? Yes.

2. Will you ensure that your department/agency does whatever it can to protect

congressional witnesses and whistle blowers from reprisal for their testimony and

disclosures? Yes.

3. Will you cooperate in providing the committee with requested witnesses, to include technical experts and career employees with firsthand knowledge of matters

of interest to the committee? Yes.

4. Please explain how you will review regulations issued by your department/

agency, and work closely with Congress, to ensure that such regulations comply

with the spirit of the laws passed by Congress. As Administrator of the NIITSA,

I played an active role in ensuring that the agency’s regulations complied with Congress’ intentions. I worked to foster open communication and participation between

Congress, the public, and affected parties. If confirmed as Administrator of the FAA,

I will continue the practice of active involvement in the review and enforcement of

regulations.

5. Describe your department/agency’s current mission, major programs, and major

operational objectives. The FAA’s goal is to ensure that the United States’ aviation

system is the safest, most secure, and most efficient air transportation system in

the world. The FAA fulfills its mission by implementing and enforcing air traffic

control regulations and procedures. Further the FAA is responsible for regulating

aircraft, pilots, maintenance personnel, airports, and commercial space launch activity. The FAA’s operational objectives must support all of the above-mentioned services at the best value to the taxpayer.

6. Are you willing to appear and testify before any duly constituted committee of

the Congress on such occasions as you may be reasonably requested to do so? Yes.

F. GENERAL QUALIFICATIONS AND VIEWS

1. How have your previous professional experience and education qualified you for

the position for which you have been nominated. Over many years, I have demonstrated a strong commitment to transportation safety as well as effective leadership skills and extensive executive management experience in both the private and

private sector.

As Chairman of the NTSB for the past 10 months, I have worked closely with the

FAA to improve the safety of the Nation’s aviation system. In that position, I have

developed a keen understanding of the major safety issues facing the aviation industry, and have affirmed my strong commitment to transportation safety. I have also

worked to build a productive working relationship with Congress and many of the

industry’s leaders—in both the private and public sectors.

Before my tenure at the NTSB, I worked on transportation issues for over a decade. At the DOT, I served in senior management positions and worked closely with

the FAA, the Coast Guard, the FRA and other modal administrations on a number

of difficult safety problems. In particular, my service as Administrator of NHTSA

provided me experience with issues such as traffic safety, motor vehicle engineering,

and driver behavior.

Between 1993 and 2001, I ran a public affairs consulting practice that concentrated on transportation safety.

Finally, my thirty years in both government and the private sector have given me

the experience to tackle the management challenges of administering the FAA. In

addition to my management experience, my many years as a career civil servant

have given me an understanding of the rank and file of government as well as of

the supervisory level.

2. Why do you wish to serve in the position for which you have been nominated?

I believe a safe, secure, and efficient air transportation system is critical to the Nation’s prosperity and well-being. I cannot think of a more important service—especially during these challenging times—that I could perform. I have worked closely

with the FAA over the years, and I am deeply honored that the President has nominated me as to serve as Administrator.

3. What goals have you established for your frst 2 years in this position, if confirmed? I believe it would be premature for me to establish multi-year goals until

after I am confirmed as Administrator and have had the opportunity to examine in

depth the agency’s current and upcoming issues. I would be comfortable, however,

stating that future goals would fully embody the FAA’s long-standing strategic initiatives regarding enhancements in safety, efficiency, and air traffic control modernization.

21

4. What skills do you believe you may be lacking which may be necessary to successfully carry out this position? What steps can be taken to obtain those skills? Although much of the work I have done as Chairman of the NTSB over the past 10

months has been in the aviation field and related to complex, technical aviation

issues (including those involved in the ongoing accident investigation of American

Airlines flight 587), I intend to continue to increase my technical aviation expertise.

5. Who are the stakeholders in the work of this agency? As the aftermath of September 11th demonstrated, a safe, secure, and efficient air transportation system affects the economic prosperity of all Americans. Every person in our country has a

stake in the work of the FAA, including the employees themselves, pilots, air-traffic

controllers, CEOs, airline employees, and all who travel by air. Certainly citizens

in other countries have a stake in the work of the FAA as well since our transportation systems cross international lines.

6. What is the proper relationship between your position, if confirmed, and the

stakeholders identified in question No. 5. I strongly believe that the FAA needs to

be responsive to all stakeholders, whether they are individual passengers concerned

about airline safety and security, the CEOs of airlines, union members, aviators involved in enforcement proceedings, or Members of Congress requesting clarification

of an FAA regulation or information about an FAA program or project. Our stakeholders are also our constituents, and as Administrator, I will emphasize to all employees the need for responsive, accurate and timely constituent service.

7. The Chief Financial Officers Act requires all government departments and

agencies to develop sound financial management practices similar to those practiced

in the private sector. (a) What do you believe are your responsibilities, if confirmed,

to ensure that your agency has proper management and accounting controls? As Administrator I would work closely with the DOT’s Chief Financial Officer to become

knowledgeable about the FAA budget, to understand the roles and responsibilities

of the FAA’s departments, and to ensure that the FAA is complying with agency

financial plans and statutory requirements. As Administrator, I would be responsible for ensuring careful, prudent, and efficient use of taxpayer money in caring

out the mission of the FAA.

(b) What experience do you have in managing a large organization? As Adminis- trator of NHTSA, I managed an agency of 660 people with a budget of $270 million.

I served in Federal management positions for over 20 years, including my recent

tenure at the NTSB with 450 people and a budget of approximately $70 million. I

also started and ran a successful private=sector business. While I recognize that

every agency is unique and has its own administrative challenges, I believe my

management and communication skills are significant strengths I bring to this job.

8. The Government Performance and Results Act requires all government departments and agencies to identify measurable performance goals and to report to Congress on their success in achieving these goals. (a) Please discuss what you believe

to be the benefits of identifying performance goals and reporting on your progress

in achieving those goals. Identifying performance goals consistent with President

Bush’s and Secretary Mineta’s goals and reporting on the progress in achieving

those goals are good business practices. These actions provide planning, focus, and

accountability to the agency—three things necessary for a well-run organization.

When done correctly, these initiatives help FAA managers determine whether the

existing commitment of resources serves the public’s interest and reflects the agency’s achievements and progress.

(b) What steps should Congress consider taking when an agency fails to achieve

its performance goals? Should these steps include the elimination, privatization,

downsizing or consolidation of departments and/or programs? Ensuring achievement

of an agency’s performance goals should be a top priority for any agency head. If

confirmed as FAA Administrator, I will work closely with our authorizing and appropriating committees and will make sure I am aware of Congressional concerns

about the performance of any of the FAA’s departments or programs before steps

such as elimination or privatization become necessary. When concerns are expressed, I am committed to investigating them and to working with Congress to improve the situation.

(c) What performance goals do you believe should be applicable to your personal

performance, if confirmed? I believe my personal performance goals should be directly related to the mission of the FAA. They should require that I manage the

agency’s work with skill and integrity and that I provide a regular accounting to

President Bush, Secretary Mineta, the Congress and the public on how well the

agency is meeting its stated goals.

9. Please describe your philosophy of supervisor/employee relationships. Generally, what supervisory model do you follow? Have any employee complaints been

brought against you? My philosophy of supervision has always been characterized

22

by a collegial, team approach that values specific technical knowledge as well as

managerial skills and seeks to vest authority, whenever appropriate, in those who

have the most expertise in a given area. At the same time, I believe the role of a

strong supervisor is to set high goals and clear objectives, to provide resources and

tactical guidance as needed, to work with employees to ensure success, and to assess

that work regularly against agreed-upon goals and standards.

To the best of my knowledge, no employee complaints have ever been brought

against me.

10. Describe your working relationship, if any, with the Congress. Does your professional experience include working with committees of Congress? If yes, please describe. As Chairman of an independent agency, I have developed a close working

relationship with many Congressional members and committees. During my tenure

at the NTSB, I have met regularly 14 with Congressional leaders, members and

staff of the Board’s House and Senate Appropriation and Authorization Committees.

Since February 2002, I testified six times on transportation safety issues and routinely notified and updated appropriate members and staff on the Board’s investigations and on-going work. In addition, in several previous positions in government,

I have worked closely with the Congress and testified before Congressional committees.

11. Please explain what you believe to be the proper relationship between yourself, if confirmed, and the Inspector General of your department/agency. The Inspector General’s role is in many ways similar to that of an internal auditor in the private sector, (recognizing, of course, that the IG reports to Congress and to the Secretary, not the Administrator). The Inspector General’s auditing and investigative

roles are critical since they provide necessary oversight and accountability for the

agency. I look forward to meeting with the IG to discuss unresolved issues in recent

reports and to prepare for future financial management reviews. I would expect to

have a constructive, cooperative, and candid relationship with the IG—one characterized by regular meetings and open communication.

12. Please explain how you will work with this Committee and other stakeholders

to ensure that regulations issued by your department/agency comply with the spirit

of the laws passed by Congress. As Administrator of the NHTSA, I played an active

role in ensuring that the agency’s regulations complied with Congress’ intentions.

I worked to foster open communication and participation between Congress, the

public, and affected parties. If confirmed as Administrator of the FAA, I will continue this practice.

13. In the areas under the department/agency’s jurisdiction, what legislative action(s) should Congress consider as priorities? Please State your personal views. It

is important that the Congress and the FAA work together to ensure an on-time

reauthorization of the AIR 21 legislation. President Bush and Secretary Mineta

have a considerable agenda of safety and congestion-reduction goals. Should I be

confirmed as the FAA’s next Administrator, I will work with the members of the

Commerce Committee to ensure that the safety and efficiency of the U.S. aviation

system continues to improve.

14. Within your area of control, will you pledge to develop and implement a system that allocates discretionary spending based on national priorities determined in

an open fashion on a set of established criteria? If not, please State why. If yes,

please State what steps you intend to take and a timeframe for their implementation. I believe that discretionary spending should be allocated in a manner that is

fixed, fair and includes an open and acknowledged standard or criteria. Funding

should reflect the statutory intent of authorized programs.

Senator ROCKEFELLER. Thank you very much. That was a good

statement——

Ms. BLAKEY. Thank you.

Senator ROCKEFELLER [continuing]. And confidence-builder.

Let me just go back to, again going to the 5-minute rule, to the

question that I originally asked. The Secretary wanted $100 million. $33 million plus $42 million, however you want to add it, does

not equal $100 million. You need to be staffed up with air traffic

controllers and inspectors. How do you see this problem?

Ms. BLAKEY. Well, of course I still see this problem from the outside at this point. But I must tell you, when I read in the newspaper about the prospect of furloughs, it was one of the first things

that I did ask about and talk about with both Secretary Mineta

23

and others, because I wanted to be sure that in arriving at the

FAA perhaps I was not going to be home alone there.

In point of fact, I know that the discussions on this are proceeding. I have confidence, based upon the information that was explained to me, that we will be able to close this and we will not

be looking at furloughs during this month as we move forward. So

while the negotiations are not complete, and the answers are not

all in, I have confidence, based upon what I know so far, that we

are going to be able to work this out.

Senator ROCKEFELLER. The money does not add up.

Ms. BLAKEY. I am aware of this, and I am aware that the discussions between the Administration, OMB, the Secretary, are proceeding as to what we should do at this point. I do not have the

answer on this, and of course it is of lively concern. I am not confident at this point that all of these issues have been completely

addressed to everyone’s satisfaction. But I think they will be.

Senator ROCKEFELLER. OK, I appreciate that.

The retirement question is just a stunner. We hear it really in

so many fields now, in teaching, but for the purposes of this you

have that many air traffic controllers retiring, 50 percent. That is

very, very dangerous. We had a long fight back from the 1981 situation to try and get people trained. It takes a long time to train

and then to develop the experience of one of these air traffic control

people to be able to operate.

So my question to you obviously is, to the extent that you have

had a chance to think about it—and I understand that you are still

at NTSB—how do you look at that situation?

Ms. BLAKEY. I asked about the GAO’s report, because when that

came out it certainly got everyone’s attention, but I think there has

been a growing awareness over some time that we were facing a

period in which we were going to be very much looking at a work

force that is retiring. As you say, in the year 2006 we could have

as many as 5,000 controllers retire. It does take a number of years

to train up.

I do not think there is any answer to this except to step up and

say that we are going to have to hire more controllers. We are

going to have to commit intensively to training during this period,

and there will have to be an overlap between the seasoned hands

in our towers and people who are coming into the job, because we

are going to have to have a constant level of professionalism and

competence and safety. That is certainly what I am committed to

and I believe the FAA and this Administration recognize that that

is what is going to be required.

Senator ROCKEFELLER. It has been interesting to me, Ms. Blakey,

that in a number of agencies—intelligence agencies, law enforcement, social workers—that is not an agency, but a profession—

teaching, Peace Corps, VISTA, all kinds of things that are associated with the public good as well as with public safety, there has

been a remarkably sharp increase in the number of applications to

do that work.

That does not necessarily mean—of course, that was also true

with screeners—that everybody who applies is going to be able to

get there or ought to get there. Air traffic control work is very

24

stressful and very tough. I cannot think of anything so directly connected to public safety.

I am wondering. I just do not know. Has there been any similar

expression of interest, more applications, that you are aware of

that have made themselves available for that field?

Ms. BLAKEY. It is a very interesting question. I do not know the

answer from that standpoint. I do know that we have seen a real

upsurge of applications in various kinds of positions. Certainly, in

the air marshals area and other areas having to do with security

we have seen a lot of people come forward. So I am encouraged

that that will be the case.

I am also encouraged by the fact that we have very fine training

programs in this country to work with people as they step up. Certainly the University of North Dakota’s program, the work that

goes on through the FAA’s own facility in Oklahoma City, Emery

Riddell now has a new degree program in air traffic control. So

there is a lot that I think is going to be tremendously important

infrastructure to support this new generation of controllers as they

come in.

But I hope very much that the willingness to come forward for

public service will certainly touch people who want to go into this

field.

Senator ROCKEFELLER. I hope that—my time is about to run

out—FAA will not be afraid to market that position, because it

combines a lot of qualities that people want, mathematics, so to

speak, computers, console, dark room intensity, fast decisionmaking, teamwork, danger, enormous responsibility, and ought to

be in and of itself very, very attractive. Even though it is exhausting for people who have been through it, it should have great appeal. It would seem to me that that is one of the things we could

explore, how to make that appear to be and in fact draw people out

as a very attractive kind of work.

Ms. BLAKEY. I could not agree more. In fact, marketing and encouraging and recruiting for this is going to be a critical part of

what we have to do.

Senator ROCKEFELLER. It certainly will be.

Senator Wyden.

Senator WYDEN. Thank you, Mr. Chairman.

Ms. Blakey, I want to go back to this question of the relationship

between the Transportation Security Administration and your

agency. This morning in the paper there was a scathing article

about the Transportation Security Administration and to some extent they talk about how people from your agency and the Transportation Security Administration are almost tripping over themselves.

Let me read you a paragraph from this:

‘‘Although an FAA committee of industry experts was designing an employee

identification system to replace the hundreds of different badges used at airports around the country, the TSA convened its own effort. Confused contractors

made presentations to both groups.’’

So on issues like baggage screening, on questions of employees,

how are you going to put together a relationship with the Transportation Security Administration so we do not have people in two

25

key agencies just tripping over themselves and making a difficult

situation even more so?

Ms. BLAKEY. Well, certainly I am looking at this, of course, from

the outside now and so it is hard to make judgments about things

until I have an opportunity to work closely with Admiral Loy and

others at the Department of Transportation on this.

I will say this. I think in the startup stages of any operation, regardless of what it is, there are times when the interface between

existing organizations is tough to work out. There may be areas

where there is genuine redundancy. There may be gaps. That is

what I certainly am going to focus on. It was one reason why I

raised it in my opening statement. The FAA certainly has a long

and distinguished background and experience in working in the

airport environment with all the professionals there. I think that

we certainly can work to support the TSA and have a seamless

transition between the security professionals, and the safety professionals and airport workers, who are all doing the job of maximizing safety and security in various ways. That is something that

we are going to have to work very hard to do.

Senator WYDEN. I think what concerns me is we heard all of this

essentially months ago. That is why I am trying to ask you about

some specific issues, to get a sense of how you are going to approach them.

Tell me about the baggage screening issue. Here the Transportation Security Administration again has a lead responsibility, but

the Federal Aviation Administration has a key role to play with the

airports, and the airports are going to be out there installing all

those scanners. How do you see working with the airports and the

Transportation Security Administration?

My sense is, if this problem is not resolved in the next few

months there is going to be absolute chaos, because we are going

to have a busy travel season. Again, I would like to know how you

are going to go about approaching that.

Ms. BLAKEY. I think that what we have to do is to bring a strong

management focus and intensity to these challenges. They are immediate, they are right before us, and we are going to have to bring

everything we have to bear on making sure that we do bring the

expertise, the manpower, and the kinds of systems that we know

we can put in place to bear on these issues.

I certainly also believe it is critical to talk with airport operators

at all stages and at all levels—including small airport operators,

those who are facing some of the biggest challenges in terms of congestion, the throughput issues, if you will—and bring them in, as

I know is already beginning to be done. We can do more of this to

elicit their help, ideas, and support, to figure out how we are going

to make these systems work.

I do not have any doubt that it is something that really does take

a lot of roll-up-the-sleeves commitment, as much as anything else,

and the work of a lot of smart people who have been out there in

this system for a long time. But we do have to bring them together

on this and focus, and I think that is exactly what we will be looking to do.

Senator WYDEN. I see that as your highest priority——

Ms. BLAKEY. I agree.

26

Senator WYDEN [continuing]. Because this article this morning—

this is a real wake-up call to people. It basically says, I am not

going to read the whole thing, very little substantive has been done

in the last 6, 7 months.

I am willing to say I think we have made a bit more progress

than that. But I can tell you, I do not think it has been anywhere

near what it needs to be, and unless you can sort out with the

Transportation Security Administration some of these key issues—

and I am talking about in the next 60 days—I think there is just

going to be chaos this holiday season.

Let me turn now to the question of the agency’s bureaucracy, and

particularly these costly and time-consuming certification procedures that seem to be holding up getting new and safer aircraft

and equipment out there. Now, what we hear from the general

aviation community is that they are particularly concerned that

these certification procedures are keeping technological improvements, improvements that would absolutely translate into areas of

increased safety, that they are the ones that are not being made

a high priority.

Can you give us some assurance that, as it relates to certification

processes for technological improvements on safety, that you will

make that a top priority?

Ms. BLAKEY. I am glad you raised the question. Coming from the

National Transportation Safety Board, we have got a great deal of

confidence in the ability of new technologies to address not only

safety concerns, which is our primary concern, but also efficiency

in the system.

Nick Sabatini, who heads the certification area for the FAA, and

I have had extensive conversations about the way we can move the

process forward more quickly. I do not think there is any doubt

about the fact that that is something that the FAA should be committed to. The FAA usually gets it right. Unfortunately, it does not

get it right as quickly as it should in that area, and I think that

is something we should address.

Senator WYDEN. Thank you, Mr. Chairman.

Senator ROCKEFELLER. Thank you, Senator Wyden.

Senator Burns, before I call on you I just wondered if Senator

Snowe has any comments she wants to make.

Senator SNOWE. No, I will wait.

Senator ROCKEFELLER. All right.

Senator Burns.

Senator BURNS. Thank you, Mr. Chairman. I have just got a couple of questions.

One is of a parochial nature. We have been trying to take care

of that dark spot around Bozeman and Butte and Helena a long

time. I am going to ask you a couple questions, and I do not know

where it goes or where it ends up. But somebody is going to run

into one another up there one of these days and they are going to

say: Golly, we should have done that 14 years ago.

I am aware there has been reports that unairworthy or not properly tested or certified parts are being placed into aircraft and engines during their maintenance, repair, and overhaul cycles, often

through so-called PMAs—that is, parts manufacturer’s approvals. I

also understand that the FAA has been working on a complete reVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00030 Fmt 6633 Sfmt 6601 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
27

write of its certification procedures for products and parts, Part 21,

for the past decade, but it is bogged down and no final rule has

been issued.

It is the same thing that this Senator that was sitting right here

said about when are they going to write the rules for the Grand

Canyon. Nobody responds. I am not looking to add any new regulatory burdens on aircraft owners or operators, but it seems to me

that the FAA needs to be doing more to ensure that when the work

is done to repair and replace parts on aircraft or their engines, it

does not degrade the original safety margins of the equipment.

Now, I am going to ask for your commitment today that you will

look into this issue. We would like for those rules to be written and

I would like for them to be reported back to this Committee, and

especially to me. I am to the end of my rope as far as trying to do

some safety things with radar in that little triangle area of Butte,

Helena, and Bozeman, and I am not getting anywhere there and

he is not getting anywhere on the rules and regulations.

There is no excuse for not writing the rules and putting them

into effect, at least put them out there where they are open for criticism. But the FAA just will not do it. I guess the only way you

do, you just defund them. That is a terrible thing to say, because

we need them safety-wise. But by gosh, I will tell you what, the

basics have to be done.

As far as screening is concerned, I still think the screening

thing—we are discriminated against, those of us who wear boots.

You are not going to get through there with a pair of boots. You

are going to have to take them off every time. It cost me six pair

of socks. You cannot have any holes in them now and expect your

wife to speak to you after you go through the screen, No. 1.

No. 2, they have got to match. Those of us who wear boots, we

never worried about socks matching. You just put on two socks and

go.

But I am really upset about this, because this is a safety issue.

This is a safety issue. So is that a safety issue with the radar in

my State. There is no excuse for it. There is absolutely no excuse

for it. So I would like to have your commitment today that that will

be high on your priority list once you are confirmed, and I am

going to vote for your confirmation, but I want to see something

happen down there, Ms. Blakey, I really do, because we have waited long enough. We have waited long enough. Patience is running

out.

So could I have your commitment on those?

Ms. BLAKEY. Senator, you are striking at an issue that is very

near to my heart. As you can appreciate, sitting over at the National Transportation Safety Board firing off letters to the FAA

urging that safety rulemakings move forward, many of which have

been years in the making and are still not even at the NPRM

stage, it is something that I am very much looking forward to seeing how I can address that on a very practical and real basis.

It will be an interesting position to be responding to letters that

I have written, so I do think that I am going to find myself in a

fairly ironic position from time to time.

Senator BURNS. That is true.

28

Ms. BLAKEY. But, that said, I share completely your concern, and

certainly for some of the big rulemakings, in the area of certification of parts, which absolutely require attention.

Senator BURNS. Well, we are talking about something—and I just

want your commitment to that, and explain to those folks who

wrote them rules that maybe they should seek employment somewhere else. It is time, and we have got to see a lot of grins back

there. You ever try to fire one? I used to do it at Yellowstone County. But I tell you, it has to be done.

Thank you very much for coming today.

Ms. BLAKEY. Thank you.

Senator ROCKEFELLER. Thank you, Senator Burns.

Senator Fitzgerald.

Senator FITZGERALD. I wanted to ask a question about something

that happened under Jane Garvey’s years at the FAA. I think she

in general did a very good job, but there was one issue that I disagreed with her on. That was the delay controls that the FAA had

imposed for years by regulation. She urged Congress to pass a law

that lifted delay controls at various airports where there was more

demand than the airport had capacity for.

O’Hare is perhaps the best example of that. O’Hare opened—I

think in 1963 it had its grand opening. It was opened a little bit

before that, but it had its grand opening in 1963. By 1969 it was

at full capacity, and since 1969 demand has always exceeded capacity at O’Hare.

But in 1969 the FAA put in regulations, delay control regulations

to prevent airlines from scheduling more flights at O’Hare than the

airport had capacity to handle. Those regulations were in effect

until 1999, and all during that 30-year period we did not have

much of a problem with delays at O’Hare.

But as soon as Ms. Garvey urged Congress to lift those delay

controls, we passed a statute that overrode and wiped out regulations that the FAA put into effect in 1969, delays shot through the

roof at O’Hare and the traveling public has been brought to its

knees at O’Hare because the airlines that operate there are allowed

to schedule as many flights as they would like, regardless of the

airport’s capacity.

So I guess—I know that since then the FAA has changed its position with respect to LaGuardia and they have reimposed delay controls at LaGuardia. But Chicago is suffering. We have to endure a

system in which the airport has capacity in good weather for

maybe 220 flights an hour. In bad weather that may drop down to

150 an hour. The old delay controls I think used to make the airlines schedule an average of about 180 flights an hour. Now they

can schedule as many as they want, which often means that travelers at O’Hare have no chance of getting off the ground at their

scheduled departure time.

Our newspapers in Chicago, the Sun-Times and the Tribune,

have done exposes showing that at some moments of the day—I

think 8:45 is a very popular time to fly—the airlines will schedule

25 or more flights to take off at 8:45 in the morning, even though

the airport only has capacity for three flights to take off at that

time.

29

Would you be adverse to looking at that issue and seeing if there

is not a better way that we could manage delays by somehow preventing the airlines—I know they have a problem; they cannot sit

down and work out their schedules together because that would

raise antitrust issues. But we have got to have another way of solving this.

Congestion pricing has been talked about, I believe, by Secretary

Mineta. Do you have any thoughts on this issue, or is it something

you just would approach with an open mind?

Ms. BLAKEY. Well, it has been a thorny issue for many years, as

we all know. The history there is such that I am not sure there are

any easy or good solutions. Certainly I looked at the decision of the

previous administration to lift the slot controls at the three slotcontrolled airports. There is the fourth, of course, Ronald Reagan

National, which is legislatively imposed.

But I looked at that with interest because it is hard to know in

a dynamic system sometimes how these things are going to work

out. That said, I think it is a step forward that the FAA right now

has requested comments about the way to approach this problem,

specifically at LaGuardia, but also in terms of the overall national

system.

One of the first things I would like to do when I get there is to

look at those comments in depth, to see what we know in terms

of traffic flow, as well as the specific ideas on the table, and see

if there are some better ways to approach things. The idea of reimposing any heavy hand in the system is not something that I would

look forward to, because for the most part at almost all of our airports, allowing the dynamics of the marketplace to work does work.

But O’Hare certainly, and the other airports that have had problems over the years in terms of managing the demand overall, may

require some special procedures and we are going to have to look

at that. But I am looking for that set of comments as helping, I

hope, to provide some good guidance.

Senator FITZGERALD. With respect to air traffic control, as we

need more and more capacity in this country there will be a lot of

people urging you to bring flights closer together, to allow procedures at airports such as LAHSO, Land And Hold Short, procedures that potentially cut the margin of safety. You have to balance

safety with efficiency here.

I am looking for an answer with respect to your general philosophy in this area. When you have to make those kind of decisions,

how do you go about balancing safety on the one hand and efficiency on the other hand? If you were to err on the one side, which

side do you think that would be?

Ms. BLAKEY. There is no question about it. It is safety. I do not

believe there is a single member of the traveling public that would

not want us to put our greatest emphasis there, and make sure

that we are staying within very wide margins when it comes to

safety. I think that is absolutely critical.

Now, one of the things that is very encouraging is that some of

the new technologies and the new modernization programs that are

coming on line, are going to allow us to do things in the system

that we have not been allowed to do before. So I am looking to

much of this in terms of modernization programs that will allow us

30

to move forward in a way that I hope will not really pose the kinds

of tough choices that we have had to date in some cases on that

front.

But safety has got to be the first priority and it certainly will be

with me.

Senator FITZGERALD. I see my red light has come on. If I could

just one final follow-up, Mr. Chairman. I was vacationing in Colorado over the recess and had the opportunity to go visit NORAD

in Colorado Springs, and in talking to the Air Force people there

they led me to believe that every military plane already has global

positioning satellite navigation and that they use it for their own

purposes and that they are way ahead of commercial aviation in

this country.

Now, I know commercial airlines have wanted to have that for

some time. The chairman of United when I first got sworn into office 4 years ago was telling me about that, and it still has not happened.

Is there anything that you can do to speed the realization of global positioning satellite technology on commercial aircraft in this

country and having it take over our traffic management from the

radar-based system that we now have? Where is the FAA on that

now, do you know?

Ms. BLAKEY. Well, I think that if you look at the broad array of

air traffic control modernization programs, you definitely see that

there is real emphasis on movement toward more aircraft-based

systems and certainly using global positioning satellite systems as

a part of the way we are going to address navigation and safety.

The fact is that 9–11 also, reinforced for us that it requires a

combined ground-based and satellite-based system for us to have

the appropriate level of schedule and safety that we are going to

have to maintain. So I think the question in the years to come as

we begin further implementation of these very, very exciting and

I think very important programs that we are going to have the benefit of, is, what is the best signal? Where should the decisions be

made?

Many of them should be cockpit-based, there is no question about

that. Many of these should be by the navigation information that

is provided directly to the flight deck. But it is going to be, again,

a combination of programs, the combined efforts of the best of these

systems, that I think is going to give us really what we are looking

for as we move forward here.

Senator FITZGERALD. Well, thank you, Ms. Blakey, and I look forward to working with you. I hope we have a speedy confirmation

here in the Senate and I look forward to working with you in the

months and years to come. I am sure this Committee will get to

know you very well. I am gratified to hear that even the Chairman

of the Aviation Subcommittee gets checked when he goes through

his hometown airport for schedule purposes in West Virginia.

So thank you, Ms. Blakey, very much for being here.

Ms. BLAKEY. Thank you.

Senator ROCKEFELLER. Thank you, Senator Fitzgerald.

Senator Snowe.

31

STATEMENT OF HON. OLYMPIA SNOWE,

U.S. SENATOR FROM MAINE

Senator SNOWE. Thank you, Mr. Chairman.

I want to welcome you, Ms. Blakey, to the Committee. I think

that your appointment sends a very important signal to this country due to your considerable background with the National Transportation Safety Board and Government service. I am impressed

with your knowledge on the issues of safety, of making safety the

first and foremost priority, and having the depth and breadth of

understanding of those issues and the implications for the traveling

public.

I think there is no question, in the aftermath of September 11th,

that safety is clearly a major, major priority for this Congress and

for this country. I know in the past, as others have mentioned here

in the Committee, that with respect to the National Transportation

Safety Board many of the policies and recommendations that have

been made have not been implemented by the FAA. I hope that you

will take a look at some of those issues in this position, because

I do think it is critical for the future to really look at some of the

safety recommendations to ensure that we have the highest standards possible in this country for the traveling public.

So I welcome you, because I do think that with your skills and

leadership it clearly can continue to put FAA at the forefront on

those issues that are so important to this country.

Let me ask you several questions. One of the areas that has been

a problem for somebody that represents the State of Maine, and I

know the Chairman in West Virginia, is that we are rural States,

and the implications of the type of policies that do come from the

FAA do have disparate implications for a small rural State versus

more urban States and more urban communities.

For example, recently the FAA issued a policy that allowed for

the construction of the sixth runway at Logan Airport, but it was

conditional on developing a peak pricing plan, so that they would

increase the fees for those slots and times that obviously were at

peak times during the course of the day. In the past when that policy has been tried, it clearly has had ramifications for small States

that rely on small regional carriers.

We do not have big jets any more, with rare exceptions, at this

point. Northern Maine, when I first came to Congress, in 1978 had

767s. Today they have one service between Boston and Presque Isle

and that is through the Essential Air Service Program. So a lot has

changed as a result of deregulation.

So I am asking you to really consider the implications of policies

that affect small and medium-sized communities versus urban

areas, because clearly when the decision is made, for example, by

Logan Airport and its authority, they are going to make a decision

that is obviously going to affect those that carry the least number

of passengers.

Obviously, coming from a rural area, we are not going to have

the big jets going into Logan. That was yesteryear. It is not today

anymore. So therefore I would hope that you would look very carefully at that policy. This was a recent policy issued by the FAA.

Obviously, we are very concerned in Maine because it will ultimately affect small regional carriers, the commuter aircraft that

32

rely on going through Logan so that people can make their connections to other parts of the country or abroad.

Would you care to comment on that?

Ms. BLAKEY. I do appreciate the concern that you are talking

about. In fact, one of the things that I have tried to do as a part

of preparing for this hearing and thinking about the prospect of

this job is talk to a number of airport managers and operators in

smaller areas, because I could not agree with you more that the

issues are different from that perspective and the effect of traffic

at the hubs directly impacts the kind of service that they can provide in their community and the viability in some cases of that

service.

So it is a real balance that has to be achieved there. I would certainly echo that. I would say that, from what I know—and I was

not a party, of course, to any of the discussion about the Logan Airport plan—the new runway that is planned it is my understanding

is projected to reduce delays there by about 90,000 hours. That is

very impressive.

If we can achieve reduction in delays by using that runway during bad weather circumstances, we can perhaps avoid some of the

other kinds of approaches that really do have impact elsewhere.

That could be a real win all the way around.

Senator SNOWE. I just think it is important for the FAA when

they are crafting that type of policy to make sure that there is an

understanding about the effects it has on small, rural areas that

rely on commuter air service for any kind of air transportation.

Clearly what would have happened in the past—that is why it

evoked such a major reaction—was that the first casualty would be

commuter aircraft, the smaller aircraft, because they carry fewer

passengers.

But if we were to use that logic, obviously, and we extrapolate

from that, obviously either our service is going to be more expensive if we have it at all, and that certainly would be the implication

of that type of policy in the final analysis, because obviously the

peak traffic hours are important to those of us here in Maine as

well. So I think that we have to design a package that does keep

in mind the effects of a policy when it comes to small States that

rely on commuter aircraft, because otherwise we would never win

under that scenario and we would ultimately face the impact of

that type of policy.

Obviously, we are very concerned about this peak pricing policy,

and I know that the goal is to reduce delays at Logan and that is

an important objective because they do have major problems with

delays. But on the other hand, I want to make sure that we are

not excluded from this process to the extent that we feel the true

impact of that policy.

Ms. BLAKEY. Well, I have not had a chance to look at the plans

for that study that they are planning up there for peak period pricing, so I do not know the specifics on it. But certainly with respect

to your broad point, from the standpoint of the FAA we are going

to be very attuned to providing adequate service and doing everything we can to ensure that service is provided to smaller communities.

Senator SNOWE. I appreciate that.

33

On another issue, back in December 2000 the FAA issued an

order regarding distribution of takeoff and landing slots at

LaGuardia and a lottery system was held to allocate the limited

number of slots available to air carriers. One carrier, for example,

from our State, again a small carrier, lost most of their slots under

this lottery system, in fact as a result dropped the service from

Portland, Maine, to LaGuardia.

Obviously, I understand that there is a significant problem with

congestion at LaGuardia. But again, these type of actions ultimately reverberate on the smaller communities in the final analysis, and the underserved communities continue to be further underserved because of these policies. So I would hope that again

when you are looking at implementing these different approaches

that you would look at this, at the impact it would have on smaller

communities, because the lottery system did have that effect and

so ultimately the carrier did cancel its service because they lost

most of their slots.

What in your view could be done to relieve congestion, at least

in terms of what Congress could do to relieve congestion at various

airports? Have you given that any thought at this point in order

to ensure that we can take various approaches, what Congress

could do, in addition to airport construction? I know that is one of

the issues that we have provided support for in this Committee.

Ms. BLAKEY. Well, fundamentally increasing infrastructure is one

of the answers. In fact, it is a key answer, as I think we all know,

because it is hard to get there without increase at certain airports

really in terms of the pavement that is available, and the facilities

that we can provide. So we have to recognize that, and I know

there are hard choices involved.

But the lengthy period of time that is involved in runway development and in other infrastructure development is certainly an

area in which I would like to do everything we can to make sure

the process is efficient so that we can address those needs. In addition, I think the critical question, of course, is whether we have the

right tools available from the standpoint of air traffic control and

from the standpoint of the system to manage things well.

It was interesting to me to learn that over three-quarters of the

delays that are caused by problems with the infrastructure, down

time of various sorts, issues in terms of the tools that ATC has

available, only occur at a little over one-quarter of the airports. Yet

that can cause huge bottlenecks for the whole system and be a real

problem.

So bringing on line newer technologies and modernizing in those

areas where it is most critical I think can have a real effect. Certainly as we move forward, I am certainly very open to looking at

the way we are approaching air traffic control broadly to see if

there are other ways to achieve operational changes that can help.

I do not have the answers to this, but there are a variety of ways

that we can look at this in addition to looking for the long-term

bringing on line of much more modern programs and therefore the

ability to have greater throughput.

Senator SNOWE. Well, I think it would be important at some

point when you assume this position to get your input and providing it to this Committee and to the Congress about what you

34

view the priorities are in terms of what we could do now on nonair traffic control initiatives, certainly where the Congress is involved, to ensure that we can do everything we can put in place

to avoid delays in the future.

We have seen a sharp decrease in delays compared to where we

were in 1999 and 2000, obviously, with the effects of September

11th and the economic slowdown. But obviously that is going to

change. There has been a projection that there will be a billion passengers a year passing through airports by the year 2010, and the

question is will we have the type of technology and infrastructure

in place and what should Congress be doing if we are not doing it

already.

So your assessment I think on that would be very important as

you move ahead in your responsibilities in making sure that we are

fully informed.

Ms. BLAKEY. Well, I appreciate that, and I must tell you that I

think this Committee has been very supportive and very helpful on

that front. As I have learned about this, I am quite struck by that.

I would recommend to you one thing. Administrator Garvey in

her last hearing in the House did recommend some streamlining in

terms of management changes for the FAA which I think would

help us recruit for that chief operating officer position. It is a critical position in terms of air traffic control. So I would recommend

those changes that she laid out, because I do think if we could

streamline and realign that slightly it would make it much easier

to get the right people and therefore the strongest management

team to address these things.

Senator SNOWE. Well, thank you.

Thank you, Mr. Chairman.

Senator ROCKEFELLER. Thank you, Senator Snowe.

Let me just ask a couple final questions. One of them is actually

for your speeding up of the process of confirmation, although the

question is not one that you will welcome. This has to do with the

AFSCME contract, and that is important. There are some holds on

your nomination, as you know, and we do not want that and it is

dangerous for the American people and it is dangerous for everybody who has anything to do with the airline industry for you not

to be in that position.

Now, the contract was negotiated, it was agreed to, it was signed

off by AFSCME, it was signed off by the Federal Aviation Administration, it was ratified by the union members, and then it was

stopped cold in the Office of Management and Budget. This contract has been lingering since February of 2001. That is a long

time. It is a festering problem. It involves 2,000 people and it is

not going to go away unless something is done and it potentially

could affect your confirmation. I do not know that, but you know

that there are holds and it is over this issue.

You can say that is playing hardball. I am not one of the holders,

but you can say that is playing hardball, or you can say this is getting at a basic issue because we are talking about the morale and

how people are treated and this and that and the other thing—contract agreed to, you-them, or your predecessor-them, stopped at

OMB, where so many things in all administrations die, because

35

they have special responsibilities and they are not always the

warmest of hearts that reside over there.

In any event, if you are confirmed what are you going to do about

this?

Ms. BLAKEY. Well, what I know about this, of course, is broad information looked at from outside, because I certainly was not a

part of that process, or aware of the issue until fairly recently. I

have had a broad briefing on labor issues from the FAA. But again,

I have never seen the negotiated document. I have not really spoken to any of the direct parties involved. So I cannot shed a lot of

light on the specifics.

I can say this. I have a tremendous amount of confidence and belief in the collective bargaining process. It is really what has driven

our Nation’s economy in so many ways. It has been a successful approach. It is certainly something that I would not only approach

with good faith, I would approach it with a lot of energy, because

I do not think a situation like the one you described is healthy. It

is not healthy for not only the morale of those affected, the individual employees, but the good of the workforce at large and the

kind of spirit of teamwork and focus that we are going to need, as

we have discussed many of the challenges today.

So I think this does have to be resolved. I would look forward to

working very hard to do so, to sit down at the bargaining table

again and to discuss what is really at issue. As I say, I have no

way of speaking to the specifics.

I would also point this out, that the matter is before an administrative law judge right now, I am told, and a decision is expected

from that from a judicial standpoint any day. So that may resolve

the issue in and of itself. I have no idea, of course, what the view

will be from the bench. But it is at that stage of the process, and

so it may be that this is something that one should let that process

go forward because there is presumably an impartial eye looking

at the views of both sides.

So with that in mind, I think that I would certainly just tell you

I would approach this with good faith if and when I am in the job.

Senator ROCKEFELLER. That is a good answer and I appreciate

that.

Let me, from my point of view—Senator Snowe, do you have

more questions?

Senator SNOWE. No.

Senator ROCKEFELLER. You do not. From my point of view—before I came to this Committee hearing, I said to another Senator

in our caucus that we were going to have this hearing. I do know

that there are a lot of hearings going on today. The Senator made

a very interesting comment which resonated with me, because I

have been watching government for quite a long time. I was a Governor for 8 years and did not have quite as many people working

for me as you will at 50,000. A small State, but still an awful lot

of people.

It always interested me and it has interested me a lot more since

I have gotten here, in a small State a Governor, for example, to wit

you, can issue an order or can do a directive or pursue something

and there is always a fairly close relationship between the State

36

Government and the people who work for it and a Governor. It is

a more intimate relationship. You get up here, everything changes.

I have been stunned in the post-9/11 context by what I call turf

consciousness. We are not immune from that ourselves, I might

say, in Congress. There were those on this Committee that opposed

the idea of aviation security going to homeland security. I did not.

I thought it was good. If it was a question of turf, then I guess I

should have been against it. I am not. I think it is a good idea, because I think you have so much to do, you will be involved with

it anyway. You have so much to do and we have got to keep people

flying.

But the whole concept of what you call the culture of bureaucracy, the culture of non-change, the culture of, oh, Administrator

Blakey is going to come and then she is going to go. Yes, she will

be here for 5 years, that is unusual, but then she will go, then

there will be somebody else. This is like Senators who have been

here for a long time say: Oh, I have been through five presidents,

I have been through seven presidents, whatever it is.

There develops this kind of a culture of ‘‘we are who we are and

people may tell us what to do, but we do not listen because we do

what we do. That is what we are trained to do. They say the world

has changed, but our equipment has not changed, our ethos has

not changed, our self-esteem has not changed; we show up to work,

we do the same thing.’’

It is an enormous problem in government. I am on the Intelligence Committee; I watch in there the most intimate and immediate matters of national security, the reluctance of people in various organizations that work on that to change the way they do

business, to change their patterns of behavior, basically culture.

Now, I thought Jane Garvey made a good start on that. She did

a lot of traveling around, met with people who worked for FAA.

That is a big deal, people do not show up, and when the Administrator shows up that really means something. I think that things

improved.

On the other hand, FAA is changing so fast, needs to change so

fast, its various functions need to be modernized so quickly. We, for

the first time, we were very lax in Congress, finally passed a reauthorization bill. Even that was a quirk, and it got things going. The

unplugging of hubs is tremendously important. Senator Fitzgerald

was talking about O’Hare. He and I have different views as to what

ought to happen about O’Hare.

But one of the things I think nobody can doubt is that O’Hare

may not be a problem for delays in O’Hare itself, but it sure is a

problem in West Virginia and every other place that any plane out

of O’Hare flies to or from. So that O’Hare affects all these things.

Now, that does not mean that you can take air traffic control and

ask them to do something differently until you have the technology

to allow them to either separate distances, altitude in the air, or

whatever distances between planes, or find the technology to allow

planes to land or take off more quickly, and that they are all in

place and that they are all compatible and they reflect themselves

in the cockpit. It is easy to talk about it and very hard and expensive to do.

37

But the general question I have, this person said, and I will just

be very blunt about it, that ‘‘those FAA people, they are going to

eat her alive.’’ Now, I want you to respond to that and tell me why

they are not going to eat you alive.

Ms. BLAKEY. Well, I think in part because, as they say, ‘‘I are

them.’’ You have to remember that I come out of the career bureaucracy, for one thing, so I have been there. I do understand

what you are talking about from a cultural standpoint. I have a

healthy respect for the people who day in and day out have to deliver the goods in all the specific ways that way down in the FAA

have to happen.

So there is certainly, as I say, both a respect for the functionality

as well as a respect for what I am up against in terms of trying

to make change, because people do not like to change. Organizations do not like to change. It is very fundamental.

All right, what does that mean and how do you do it? I am not

going to say I have all the answers here today by a long shot. But

to borrow an analogy from a different mode of transportation, you

have got to get off the bridge. It is no good to be up there with your

officers, everybody in braid and turning the wheel and pretending

that the ship is going in the direction you want and everything way

down is functioning, because half the time the wheel is not connected to anything and folks down there are just doing it all on

their own, if you take that approach.

You do have to get into the organization, meet with people in

their offices, go out into the field, sit and talk with people about

what is going on and what is not. But most importantly, you have

to take the navigational map, if you will, from the bridge out with

everyone and say, OK, here are the goals where we are going here,

here is what we want to accomplish here. Now, I am expecting you

to tell me what it is going to take to empower you to get it done,

but there are performance measures here, we are expecting things

to happen. And we want to get real specific about that. So let us

talk about the schedule, let us talk about the metrics in terms of

the way we want to approach things here, what the benchmarks

are and how are we going to get there.

Then you have to continue, I believe, day in and day out, week

in and week out, with that kind of intensity at all levels of the organization, because if you are doing it all from the front office it

just simply does not work and people do not respect that, and you

will never know really what is happening fundamentally.

So that is the way culturally I look at it, and I will certainly do

everything I can to make sure that the organization is going to be

one that is going to be nimble, be aggressive in meeting its deadlines, and be very proud of the fact that it is a real change agent.

I think that can happen.

Senator ROCKEFELLER. Good answer. It is a good answer, and it

is an important answer and you hit it immediately and you hit it

hard. The fact that you have been in the bureaucracy, so to speak,

in fact does mean a great deal.

I am going to adjourn this now, but this is an extraordinarily important mission. I think the American people have no sense of

what it is that an FAA Administrator goes through, what they face,

the pressures on them, that everything is real-time, instant, and

38

funding is always short. We are now in a Federal budget deficit situation. That does not bode well. You have the advantage that aviation is one of the most high profile issues on the national agenda

right now and very much, obviously, in terms of security.

Your interest is in safety, your interest is in getting people back

into airplanes, your interest is in having planes take off on time,

land on time, have them do it faster, but at the same time very

safely. So it is an enormous position which you are undertaking.

I want you to have the position. I think you are going to get the

position. I hope it is real soon, and I thank you very much for appearing.

Ms. BLAKEY. Thank you, Mr. Chairman.

Senator ROCKEFELLER. Thank you.

This hearing is adjourned.

[Whereupon, at 4:07 p.m., the Committee was adjourned.]

(39)

A P P E N D I X

RESPONSES TO WRITTEN QUESTIONS SUBMITTED BY HON. ERNEST F. HOLLINGS

TO MARION BLAKEY

Question 1. General Management: The FAA for years was often criticized as reactive, not proactive in making safety advances. Things have changed over the last

several years. What are your plans to build upon those changes to reduce the risk

of accidents?

Answer. As Chairman of the National Transportation Safety Board, I am keenly

aware of the need to be proactive on issues of safety. In my current job, safety is

my highest priority and should I be confirmed as FAA Administrator, my commitment to safety will remain paramount. I think one of the changes we have seen over

the past few years is FAA’s willingness to work with the industry to identify and

meet challenges. The Operational Evolution Plan provides all parties with an understanding of how agency goals are to be met, allowing all stakeholders to plan accordingly. In addition, some of the programs currently in place are intended to obtain

information on areas such as human factors, which plays a role in virtually all accidents. Changing the focus from learning things after an accident to understanding

how to improve safety before an accident is critical to a further reduction in the accident rate. The FAA is currently on track to meet its goal of reducing accidents

by 80% by 2007. I am committed to focusing all my experience and expertise on

helping them achieve that goal.

Question 2. Boeing Aircraft: Last week the FAA ordered all commercial airlines

to inspect more than 1,400 planes built by Boeing to check on the fuel pump wiring.

This is an example where the FAA is being more proactive. How quickly are these

checks being done? Have you gotten any preliminary results from the checks that

have been done? Do you consider this an unsafe condition for flying?

Answer. I’m advised by the FAA’s top safety officials that the FAA’s Emergency

Airworthiness Directive (AD) that was issued on Friday, September 6, and was effective upon receipt, applied to operators of Boeing Next Generation Model 737 airplanes (Series –600, –700, –700C, –800 and –900), Boeing Model 747 airplanes, and

Boeing Model 757 airplanes. The AD addresses a population of 1250 fuel pumps,

manufactured by Hydro-Aire, a supplier to the Boeing Commercial Airplane Group.

There have been 3 reported cases of these pumps malfunctioning due to an assembly

problem of the internal pump wiring. This defect is thought to exist in only 2.5%

of the pumps, or approximately 30 pumps. A potentially unsafe condition exists if

the mis-wired fuel pump produces a spark, which could ignite flammable vapors in

a fuel tank. The actions taken by this AD will prevent such an occurrence.

The current AD directs operators of the affected airplane models to maintain a

certain level of fuel in the tank necessary to cover the fuel pump. This will ensure

the continued safe operation of the affected aircraft until an inspection can be developed to identify and remove the mis-assembled or bad pumps.

The FAA is working with Boeing to develop an effective means to inspect the fleet

for the presence of a mis-assembled pump. When an effective means of inspection

is approved by the FAA, another AD will be issued to mandate its accomplishment.

No inspections have been conducted to date.

Question 3. Cockpit Doors: Cockpit doors are required to be strengthened to withstand bullets or grenade blast by April 9, 2003. Recent news reports have indicated

that the FAA is concerned about meeting this deadline. What is the current status

of this effort? What steps will you be taking to insure that this deadline is met?

The cockpit is clearly most vulnerable while the doors are open Do you plan on making any additional changes to ensure the integrity of the cockpit?

Answer. I understand that the FAA is holding weekly meetings with industry to

identify and resolve any issues that would delay certification and installation of the

new hardened doors. In addition, the agency is receiving weekly status reports from

manufacturers and airlines which will allow the FAA to identify and address any

issue that might jeopardize the deadline being met. When the original rule was

issued requiring stronger locks on the doors, the airlines were also required to enVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00043 Fmt 6601 Sfmt 6621 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
40

sure that the door remained locked during the operation of the flight, that each carrier establish procedures for identifying those individuals who need access to the

flight deck, and that each carrier establish procedures for pilots to follow when they

needed to leave the flight deck during the operation of the flight.

Question 4. Pilot Licenses: The FAA continues to have authority to issue pilot licenses (certificates to airmen). How will FAA use new technologies, like biometrics

for new licenses, and how quickly will the FAA change the current paper license

system?

Answer. I’m advised that the FAA has developed a proposed rulemaking for immediate implementation that would require airmen to carry photo identification

along with their airmen certificate. The photo identification would be required to be

in the airmen’s possession in order to exercise the privileges of their certificate. The

rulemaking was proposed by the Aircraft Owners & Pilots Association as a way to

quickly get in place a mechanism to provide photo identification along with the

FAA’s airmen’s certificate.

Before considering a photo and/or biometrics on the FAA certificate itself, the FAA

will want to see what type of standard identification criteria are established by either the Transportation Security Administration or the proposed Department of

Homeland Security.

Question 5. AIP: It is not clear how expenditures for the Airport Improvement

Program have been impacted by 9–11, and if those changes will have a severe impact on the FAA. What impacts on spending priorities has 9–11 had on the AIP program?

Answer. I’m told that the FAA anticipates that Airport Improvement Program

(AIP) expenditures for security related projects this year (other than terminal modifications to accommodate passenger and baggage screening) will be approximately

$400 million. This represents four times the highest amount devoted to security

projects in any previous year. The FAA is continuing to work with the Transportation Security Administration to identify permanent solutions for EDS installation.

To meet the increased security needs in FY 2002, the FAA did curtail AIP funding

of new projects. However, the impact of this action in FY 2002 is likely to be modest

because many airports delayed new starts themselves in response to the uncertainties in the 12 months after September 11.

Question 6. Privatization: The FAA, in an opinion submitted to the District Court

in Ohio, included a statement that contracting out air traffic control tower functions

for ‘‘contract towers’’—a program limited to a specific category of small airport—is

not an inherently governmental function. While the opinion of the FAA is limited

to these types of towers, I want to make sure that the reasoning does not, and is

not used to further erode the inherently governmental nature of the FAA’s mission

to provide Air Traffic Services. Can you give me your assurance that the FAA’s opinion with respect to contract towers will not be expanded upon?

Answer. I’ve been advised that FAA has no plans at this time to convert any additional air traffic towers to the federal contract tower program.

Question 7. Fees/Demand Management: The FAA has said airports do not have

the authority to impose or collect ‘‘demand management’’-type pricing schemes (e.g.

peak period pricing, which could freeze out small carriers) under existing law. Can

you assure me that while you have solicited comments with respect to LaGuardia,

you will not allow such actions?

Answer. I will ensure FAA upholds existing statutory and AIP grant assurance

restrictions on the imposition of demand management pricing at airports and work

with airports to assure that any such fees, if permissible, would take into account

the impact that they would have on new entrant carriers, service to small communities, and international aviation.

If upon review of public comments regarding the potential use of demand management pricing at LaGuardia, there is an interest in using pricing to control congestion and delay at LaGuardia, and, if the Department’s studies and analyses demonstrate its feasibility and effectiveness, the FAA would, of course, work with Congress on any needed changes in Federal laws.

RESPONSES TO WRITTEN QUESTIONS SUBMITTED BY HON. MAX CLELAND

TO MARION BLAKEY

Question 1. Shortage of Controllers: As you know, there is a shortage of air traffic

controllers which promises to approach critical mass in a couple of years unless we

address this very important issue. In fact, the GAO recently issued a report stating

that the controller system will be reaching a point of stress if more hiring and training are not done. This shortage negatively impacts traffic into and our of Hartsfield,

41

which is still the world’s busiest airport—and delays at Hartsfield have a ripple effect through out the system.

I have introduced S. 871 as a stop-gap measure to alleviate the problem. My bill

would change the compensation for air traffic controllers by computing their annuities in much the same way annuities are computed for law enforcement officers and

firefighters retiring under the Civil Service Retirement System. Under my bill, older

controllers would be encouraged to stay on the job longer because of the increased

annuity payments they would receive. Retaining these controllers would provide the

FAA with more time to hire and train future controllers. S. 871 has bipartisan support.

Ms. Blakey, I would appreciate hearing your comments on S. 871. Would you support this legislation?

Answer. I am aware of the anticipated shortage of qualified air traffic controllers

and recognize that this is a very important issue. I commend you on your efforts

to address this issue. I understand the FAA is looking at a range of options to address this issue. The FAA is faced with the challenge of finding a way to ensure

that air traffic continues to be safe and efficient within the resource limitations the

government always seem to face. I look forward to working with you, should I be

confirmed, to address this issue and to ensure that the air traffic needs of this nation continue to be met.

Question 2. Savannah/Hilton Head International Airport: The Savannah/Hilton

Head International Airport has been approved for some time to have its tower

staffed 24 hours, seven days a week, but no funding has been allocated to hire the

additional controllers. As it is now, after midnight, commercial aircraft are landing

at Savannah without tower assistance. In addition, the Savannah Tower handles air

traffic at certain altitudes for Hunter Army Airfield and the Hilton Head general

aviation airport, so those airports are also affected.

When can we expect the new personnel to be assigned to operate the Savannah

Tower 24–7?

Answer. I understand that a 24-hour operation at the Savannah International

Airport was requested but has not been approved. I am told that the data used to

support the request is old and a new study must be done to determine if a 24-hour

operation is needed. The facility has an agreement for controllers that allows for air

traffic control specialists (ATCS) to extend their shifts as needed, and overtime has

been allocated. In addition, Jacksonville Air Route Traffic Control Center handles

the instrument flight rules traffic when the facility is not in operation. I believe

there will be an increase of two controllers in Savannah in the Spring 2003. The

FAA regions have each obtained their allocation of controllers for the first quarter

of next fiscal year. I am told that negotiations for the placement of these controllers

is ongoing with the controllers’ union. I understand your concern that this facility

should be sufficiently staffed and, should I be confirmed, I would be happy to work

with you to ensure that is the case.

Question 3. Runway Visual Range for Savannah Airport: I would appreciate your

checking on when the Savannah airport will get full installation of its RVR (Runway

Visual Range) navigational devices. The navigational devices have been approved by

the FAA, but they have not yet been fully installed. The RVRs would significantly

increase Savannah’s ability to handle aircraft in bad weather Can you give me an

idea of when they might be installed?

Answer. I have checked with FAA’s Airways Facilities organization and received

the following information. The equipment will be delivered to the airport at the end

of November. Depending on funding for the project in 2003, the FAA will begin engineering design work and establish the construction contracting process. These activities will be completed in June. The installation of the RVR will begin in July

2003 and end in August 2003. It will be commissioned in September 2003.

Question 4. Executive Order: President Bush signed an Executive Order on June

4th that would allow oversight over the Air Traffic control system to be contracted

out. Where do you stand on privatizing ATC oversight and the Air traffic Control

system in general?

Answer. My understanding is that the Executive Order was amended to make

clear that the Executive Order did not inadvertently preclude the continuation of

FAA’s successful contract tower program. FAA has no plans at this time to convert

any additional air traffic towers to the federal contract tower program.

42

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. JOHN EDWARDS

TO MARION BLAKEY

Question 1. Ms. Blakey, as you know, a great many people are preparing to celebrate the 100th anniversary of the Wright Brothers historic first flight in my state.

This will be a year-long celebration involving thousands of aircraft of all shapes and

sizes. I have been working for the last few years to secure funding for the various

activities that are expected to take place in and around Kitty Hawk to make sure

that the many visitors who will be in the area will have a positive experience. As

you can imagine, we will be needing a great deal of assistance and support from

the FAA—we will need a temporary ASR–9 radar and additional tower facilities at

four identified airports to ensure safety of the high volume of commercial, civilian

and military aircraft throughout 2003.

I know your staff is aware of these needs and is working to provide us with a

cost estimate. What I’d like from you is your personal commitment to helping us

secure this equipment.

Answer. Let me assure you that you have my personal commitment to assist

North Carolina with preparations for next year’s 100th anniversary of the Wright

Brothers first flight, which is an exciting and important milestone for the aviation

community. As you stated, the FAA has been working with North Carolina’s Department of Transportation to develop cost estimates for establishing and staffing air

traffic facilities at various locations around the state. If confirmed as FAA Administrator, I will ensure that the FAA continues to work closely with state officials to

finalize all requirements, and establish a definitive work plan to provide the necessary support for the centennial events within available resources.

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. JOHN F. KERRY

TO MARION BLAKEY

Question 1. Ms. Blakey, as you are aware, the FAA has exclusive jurisdiction over

the occupational health and safety of flight attendants. Two years ago the FAA and

OSHA signed a Memorandum of Understanding to move forward on implementing

OSHA standards for flight attendants. In the interim the FAA has only announced

a plan that calls for voluntary safety guidelines to be implemented by the airlines.

As the FAA Administrator would you be willing to relinquish exclusive jurisdiction

over occupational health so that all flight attendants can be protected whether or

not a carrier voluntarily decides to implement safety standards?

Answer. I understand FAA has worked closely on this issue with the Assistant

Secretary for Occupational Safety and Health at the Department of Labor. The

Memorandum of Understanding sets forth a process by which the FAA and OSHA

will determine whether OSHA requirements can be applied to the working conditions of employees on aircraft in operation without compromising aviation safety. A

commercial aircraft is a unique workplace and that uniqueness must be factored

into any application of occupational health requirements. FAA cannot abdicate its

role in ensuring that occupational health requirements do not have unacceptable or

unintended safety or operational impacts. Should I be confirmed, I will work with

my counterpart at OSHA and with relevant stakeholders to establish a future

course for this regulatory area that ensures a high quality working environment

aboard commercial aircraft.

RESPONSES TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN

TO MARION BLAKEY

PERCEIVED LACK OF AVIATION EXPERIENCE

Question 1. There are some people in the aviation community who believe that

your apparent lack of aviation experience could be a detriment to your being the

FAA Administrator. It is important to show clearly to the various segments of the

aviation community that you understand their needs and how they operate. What

do you plan to do to reach out to the aviation community and assure them that you

understand their needs and how they operate?

Answer. Both the FAA and the aviation industry benefit from strong leadership

and good management. Over the past three decades, I have developed my leadership

skills and executive management experience in both the private and public sectors.

My experience as Chairman of the National Transportation Safety Board (NTSB),

Administrator of the National Highway Traffic Safety Administration (NHTSA), Assistant Secretary for Public Affairs at the Department of Transportation (DOT) and

owner of a public affairs firm has prepared me to deal with the challenge of manVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00046 Fmt 6601 Sfmt 6621 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
43

aging the FAA. I am not afraid to make decisions, and I am not afraid to work hard

to implement my decisions. Providing the agency with clear direction and working

with both agency employees and industry leaders to communicate that direction is

important in ensuring that a strong system of consensus building between the public and private sectors is achieved. I also intend to meet the agency’s current and

future challenges by building strong partnerships with the aviation community—including the flying public, the manufacturers, the airlines, the general aviation community, and transportation labor leaders. I have already conducted outreach sessions with various parts of the aviation community, and would make such contacts

a routine part of my work at FAA.

Question 2. You currently oversee an agency with 450 employees and a $68 million budget. The FAA is at least 100 times larger. Are you prepared for overseeing

an operation of this scope and magnitude?

Answer. Certainly, the management issues facing the FAA Administrator are

more challenging than those facing the Chairman of the NTSB in terms of both

scope and size. However, strong leadership and a good management team are essential to running any organization successfully, regardless of size. No single individual

will have all the skills and experience required to do a job of this complexity, and

I am looking forward to having a senior management team of extensive experience

in transportation and aviation. That said, the leader of any organization must be

able to make necessary decisions, understand the ramifications of those decisions especially in an agency such as the FAA, with significant safety responsibilities, where

such decisions often have extraordinary implications, and ensure that those decisions are effectively implemented.

SIGNIFICANT SAFETY ISSUES

Question 3. In the past, the FAA has been criticized for being too close to the aviation industry in that safety recommendations by the NTSB are not followed or are

watered down if the industry complains about the burden they would impose. As

the current chair of the NTSB, you have something of a unique perspective on this

issue. How would you handle NTSB safety recommendations, such as those on the

Ten Most Wanted List, as the head of the FAA?

Question 4. As Chairwoman of the NTSB, you have been in the unique position

to both understand and help develop the serious, well-researched safety recommendations NTSB is charged with issuing. You have also been in a position to

see firsthand that many of those recommendations are not quickly followed through

with at the FAA. What are the top five recommendations that you believe the FAA

should have finalized by now and how do you plan to address this problem when

you assume leadership of the FAA?

Answers 3 and 4. As Chairman of the NTSB, I initiated a program to work with

all DOT modal administrators to aggressively address open safety recommendations.

As FAA Administrator, I plan to continue this effort. Indeed, the task is formidable

at FAA—there are over 300 open recommendations. Historically, the FAA receives

about 50 percent of all NTSB safety recommendations, approximately 4,000 since

the inception of the program. Overall, the FAA has maintained an acceptable response rate of over 80 percent of NTSB recommendations. I intend to give particular

emphasis to the FAA efforts in response to recommendations related to runway safety, aircraft structural icing, fuel tank safety, flight data recorders, and human factors such as fatigue, with a view to proceeding more aggressively in these critical

safety areas.

Question 5. Is it your perception that following September 11 and the heightened

attention devoted to security, that safety issues have lost some focus, or more importantly funding? In other words, is safety taking a backseat to security?

Answer. I believe safety can never take a back seat at the FAA. It is the FAA’s

primary mission. Both before and after September 11, the FAA has maintained robust programs to set safety standards and oversee compliance with these standards.

These programs continue to help ensure the outstanding safety record the U.S. aviation system enjoys. I can assure you that I intend to increase the focus on safety,

while allowing the system to operate securely, efficiently, and effectively.

Question 6. The Air Transportation Oversight System (ATOS) was initiated at 10

major air carriers more than three years ago to use data to identify trends and spot

problems in aircraft maintenance before they result in incidents or accidents. The

new system is not reaching its full potential at the original 10 carriers and has not

been expanded to the remaining passenger air carriers. How would you move this

program forward?

Answer. I have been briefed on ATOS, which is a proactive approach to aviation

safety that goes beyond just ensuring compliance with regulations. The goal is to

44

foster a higher level of safety of air carriers by using a systematic, data-driven process to identify safety trends and prevent accidents. ATOS ensures that air carriers

build safety into their operating systems, and identify and correct deficiencies before

they cause problems with safety and service to the public. I know that the FAA is

using feedback from inspectors and air carriers to improve the ATOS process with

improved job aids, automation, and training.

Before expanding the program, I would evaluate its maturity and effectiveness

and ensure appropriate training can be provided to the inspectors. I would also expect to incorporate further inspector and air carrier feedback as the program matures.

Question 7. Last year there were about 380 runway incursions and 1,200 operational errors, both indicators of serious safety risk. What actions would you expect

the FAA to take to reduce the occurrence of these incidents?

Answer. As Chairman of the NTSB, addressing runway incursions was a top priority of mine—one which I intend to focus on as Administrator of the FAA. Based

upon the numbers reported by FAA comparing the number of runway incursions

and operational errors in 2001 and 2002, I believe that progress has been made towards reducing runway incursions. The FAA appears to be heading in the right direction with the creation of the Runway Safety Blueprint 2002–2004, which includes

39 action items targeted to reduce risk on the runway.

Additionally, I have been told that in the past year, the Office of Air Traffic implemented a number of initiatives designed to increase management focus on and reduce the occurrence of operational errors. The Office of Air Traffic has also entered

into a collaborative agreement with the National Air Traffic Controllers Association

to jointly work on the reduction of operational errors. As of September 12, 2002,

1001 operational errors have been reported in FY2002. This represents a 13% decrease (–147 errors) from the same period of FY2001. As Administrator, I would

work to continue this trend by pursuing development of air traffic specific awareness training as well as continued research into the human factors associated with

errors to better identify causal factors and develop appropriate training.

Question 8. In October 2000, the Inspector General expressed concern that the

FAA’s selection process for the expanded Controller-in-Charge (CIC) Program was

not ensuring that only the most qualified controllers are selected. The FAA’s own

internal evaluation of the expanded CIC Program found that 70 percent of the facilities were designating 100 percent of the air traffic controllers as CIC. Based on your

experience at NTSB, do you have concerns about the CIC program? Would you consider taking another look at the practice of designating 100 percent of the air traffic

controllers at a facility as Controllers-In-Charge, given the high numbers of runway

incursions and operational errors?

Answer. FAA officials have advised me that, subsequent to the expression of concern by the Inspector General regarding the FAA’s selection process for the expanded controller-in-charge (CIC) program, agency officials met with Mr. Mead and

members of his staff to address this and other related issues.

The CIC program is part of the agency’s overall watch supervision effort and, if

confirmed as FAA Administrator, I would ensure that the program continues to be

examined any time we review the safety aspect of air traffic operations. In the

course of such reviews, if it is determined there is a correlation between CIC percentages and operational errors or runway incursions, I would advocate that we

take another look at FAA policies and practices of designating CIC percentages for

facilities. I am told, at this time, the FAA has not seen such a correlation and the

agency is confident that its air traffic managers are appropriately utilizing the CIC

program. If confirmed, I would certainly continue to assess this myself on an ongoing basis as a part of my safety oversight responsibilities.

Question 9. The General Accounting Office recently released a report examining

the future attrition of controllers. GAO concluded that by the end of fiscal year

2006, about 5,000 controllers will leave the agency. Many of these controllers hold

positions as supervisors or work in the FAA’s busiest facilities. Given the projected

attrition rates in the controller workforce, what measures would you take to ensure

that enough certified controllers and supervisors will be available to meet the agency’s projected staffing requirements?

Answer. The FAA’s data show that the retirement eligibility rate for terminal and

en route controllers will dramatically increase beginning in fiscal years (FY) 2006

and 2007. If confirmed, I expect to work with the Department of Transportation and

the Office of Management and Budget to address the impending increase in controllers who are eligible to retire in the FY 2004 budget submission. I will personally

review the FAA FY2004 budget recommendations, which are now under review

within the Administration, to assure appropriate resources to hire controllers and

45

supervisors. I believe this type of advance planning is a prudent means of preparing

for the possibility of future retirements.

Question 10. The Flight Operational Quality Assurance (FOQA) program, which

involves the collection and analysis of data recorded during flight, offers a quantum

leap forward in respect to safety. The Committee understands that progress has

been made and many aircraft are suitably equipped. What additional steps can the

FAA and airlines take to make the FOQA program a robust system and meet expectations?

Answer. I have been and will continue to be an outspoken supporter of FOQA and

other safety data programs.

Currently, the FOQA program is operating at major airlines and meeting the expectations of the individual airlines that are voluntarily participating in the program. To further enhance the safety benefits of FOQA, a means for collecting and

sharing safety related FOQA data among airlines, as well as with the FAA, should

be implemented. In addition, a much wider participation in the program by regional

airlines is needed.

The FAA is working in partnership with airlines and labor associations in the

FOQA Aviation Rulemaking Committee to address the establishment of a mutually

acceptable venue for sharing FOQA data. The FAA has undertaken regulatory initiatives to address airline concerns about use of FOQA information for enforcement,

and concerns about inappropriate disclosure of FOQA information voluntarily provided to the FAA. The FAA recognizes that implementing these protections is a prerequisite to further progress on voluntary FOQA information sharing.

Question 11. When she was going through her Senate confirmation process,

former Administrator Garvey stated that ‘‘[t]he top safety challenge confronting the

FAA is to keep pace with a growing, dynamic industry that is evolving in its businesses, practices, and technology.’’ This seems as true today as it was five years ago.

Are you concerned from a certification and safety oversight perspective that technological developments are significantly outpacing the FAA’s ability to keep up? What

specific suggestions can you make to ensure that aviation safety inspectors are intimately familiar with the aircraft and component systems that they oversee?

Answer. There is no doubt that technology is advancing at an unprecedented pace.

To keep abreast of technological advancements and ensure that aviation inspectors

are prepared to perform their safety oversight responsibilities, the FAA must: (1)

continue to work closely with industry in determining training requirements for current and future aircraft systems; (2) expand the use of industry developed material

in FAA training programs; and (3) make sure that the FAA participates and monitors the development, prototyping and testing of new technologies.

LACK OF RESPONSIVENESS TO IDENTIFIED SAFETY ISSUES

Question 12. In the past, the FAA has not been responsive to identified safety

issues such as non-conforming threaded fasteners, defects in aviation cable, and the

need to revise pilot rest regulations. What actions would you take to move forward

to address these identified safety issues?

Answer. If confirmed, I intend to hold the FAA management team accountable to

address any safety issues that we, or others such as the NTSB, identify. During my

tenure at NTSB, on the whole, I found the FAA to be responsive to the safety recommendations that we initiated. However, we must never lose our focus on identifying and addressing emerging safety risks.

Question 13. There have been alleged improprieties on the part of FAA investigating itself involving fatal general aviation accidents. What actions would you

take to avoid the perceptions of bias and cover up?

Answer. As Chairman of the NTSB, I am intimately familiar with the importance

of conducting unbiased and objective accident investigations. If confirmed, I intend

to hold FAA managers accountable for ensuring that all investigations are performed in an equitable and fair manner. I would expect official written reports to

be produced in response to all investigations and be reviewed at the executive level

for appropriate actions.

CONTROLLING COSTS

Question 14. Next year, the new Administrator will face a number of important

issues associated with reauthorization of the majority the FAA’s programs. One of

the most difficult issues will involve funding for the Airport Improvement Program

(AIP), which has enjoyed record levels and a certain degree of insulation from budget cuts since AIR–21 was enacted. Also, there will be a great deal of tension between

security and capacity funding needs within AIP. Do you anticipate that the FAA will

46

need greater resources in future fiscal years or will the agency have to readjust internal priorities to accommodate modest budget growth?

Answer. I understand that considerable work is well underway at FAA and DOT

at the staff level on issues related to the reauthorization of AIR 21 and its vital

aviation programs. As a general matter, and despite the current downturn in traffic

related to the terrorist attacks of last year, I believe that it is important to continue

to address issues of aviation congestion and infrastructure with a strong investment

program. Making my own detailed assessments about the size and structure of AIP,

and working on them with Secretary Mineta, will be a very high and early priority

if I am confirmed. I look forward to discussing these matters in detail with the Committee in the months ahead.

Question 15. The collective bargaining agreement with the FAA’s air traffic controller workforce (the agency’s largest workforce) will expire next year. As FAA Administrator, what do you think the key issues should be in renegotiating this agreement?

Answer. I am committed to the collective bargaining process and if confirmed, look

forward to conducting a meaningful, open, and fair dialogue with NATCA representatives. This will be an important time for the management of the FAA’s workforce.

As we learned from September 11th, controllers played a critical role in our nation’s

response to the terrorists’ attacks and are a vital part of the FAA. I feel that key

outcomes of a new contract with NATCA should center on containing costs, enhancing productivity and technological changes, and maintaining a skilled workforce

level that will assure a continued safe, efficient, and improved National Airspace

System.

Question 16. The FAA’s operating costs, which are driven primarily by its payroll,

have increased from $5.3 billion in 1998 to $7.5 billion in 2003—an increase of more

than 40 percent. Steep declines in aviation trust fund revenues have resulted in a

much larger portion of the FAA’s operating costs being taken from the General

Fund. Given projected federal deficits and significant increased demands being

placed on the General Fund, what actions do you think would be needed to contain

the growth in the FAA’s operating costs?

Answer. I agree that the FAA and Congress should take whatever actions we can

to contain the growth of the FAA’s operating costs, provided that we continue to increase aviation safety and improve system efficiency. I believe the FAA can maintain and improve the best air traffic safety and control system in the world while

reducing costs by doing the following:

1. Taking advantage of technology that will reduce costs wherever possible and

as soon as possible;

2. Seeking to consolidate and streamline operations wherever possible; and

3. Examining carefully projects and services that may not be cost-beneficial.

Obviously, any effort to reduce costs requires that we know the full cost of

projects and services. Toward that end, I believe cost accounting must be extended

throughout the agency and must be used in our analysis.

If confirmed, I look forward to working with the Senator and his colleagues on

implementing all possible cost-saving measures, while still maintaining and improving the best air traffic system in the world.

Question 17. Since 1996, the FAA has been exempt from most provisions of Title

5, allowing the Agency flexibility in developing its personnel management system.

While the FAA has used this flexibility extensively in setting compensation and

awarding bonuses, we have not seen a corresponding increase in management accountability for costs. As a performance-based organization, accountability for costs

is a major issue that the FAA must address. As the FAA Administrator, what steps

would you take to hold managers at all levels accountable for controlling costs?

Answer. Accountability for decisions and costs must be a key component of any

personnel management system. While flexibility in personnel systems is necessary

to address the unique needs of the FAA, there must also be sufficient internal

checks and balances on the use of those flexibilities to ensure that managers are

held accountable for their actions. As Administrator, I would require that my senior

managers monitor the use of our personnel flexibilities within their organizations

and ensure that they are used appropriately, effectively, and prudently.

CAPACITY AND MODERNIZATION

Question 18. As you may know, in early July, the FAA extended New York

LaGuardia Airport’s slot lottery system for two years, delaying the implementation

of a long-term demand management policy for the airport. The FAA is apparently

taking more time to consider several different approaches to demand management

and is reportedly considering such programs for other airports, including Boston

47

Logan. What are your views of airport capacity demand management? Are you concerned that certain schemes may hamper competition or limit access for non-incumbent carriers?

Answer. Expanding capacity and ensuring efficient use of existing capacity are

important methods to address airport congestion and delay. With some airports beginning to routinely experience increasing levels of delay, airport operators should

consider ways to increase airport capacity, such as the addition of new runways.

However, in certain cases, runway expansion is neither practicable nor appropriate.

In these circumstances, it may be necessary to consider other approaches.

If a demand management approach is adopted for allocating capacity at an airport, the selected approach will need to provide a proper balance between controlling congestion and delay while at the same time ensuring service to small communities, new airline entry, and consideration of international aviation obligations.

Question 19. The FAA’s air traffic control modernization acquisitions have traditionally been over cost and behind schedule. How would you make your managers

and contractors more accountable for completing these important projects on time

and within budget? What steps would you take to control cost growth with major

acquisitions?

Question 20. The FAA now faces major challenges in providing new hardware and

software for oceanic air traffic control and new software for enroute computers. How

would you as FAA Administrator ensure that significant problems in these important projects are avoided?

Answers 19 and 20. The FAA has been actively working to improve the management and performance of its large acquisition programs and has made progress in

addressing the problem of schedule and cost discrepancies in its programs. I don’t

believe there is any magic solution to delivering large, complex programs, especially

when you’re dealing with leading-edge technologies, but there are a few fundamentals that are necessary to ensure success.

If confirmed, I will guarantee my own personal involvement in these large, complex, critical programs, including the oceanic and enroute computer modernization

programs.

The development cycle of each program should include a reassessment of risks

and assumptions, the creation of a functioning prototype, an evaluation of lessons

learned, and a go/no go decision for the next phase. When appropriate, I would convene independent review panels to assess the feasibility of continuing with particularly challenging programs.

I am encouraged by the agency’s recent change to its acquisition process. Programs are first reviewed to select the best alternative and then baselined when

more information is known about the acquisition strategy, expected costs, and risks.

Delaying final baselining until the program manager has had a chance to poll the

marketplace and have contractor input and information should greatly reduce the

risk of having to rebaseline later and allow us to manage within acceptable

variances. Once established, baselines are managed through a series of controls that

include risk management plans, program control processes and disciplines, Earned

Value Management System controls to manage contractor performance and risk,

and baseline management and reporting. Senior level managers receive program

status reports on a monthly basis and detailed reviews of program cost, schedule,

and technical status at semi-annual Acquisition Reviews. Finally, proceeding with

procurements at a deliberate pace need not be inconsistent with rapid innovation

and modernization. If confirmed, I would continually try to make the efficiency and

safety benefits that we expect from cost effective modernization a compelling priority for the FAA team.

Question 21. The FAA’s Operational Evolution Plan calls for airspace users to invest perhaps billions of dollars in new technology (satellite navigation, data link,

communications, etc.). At the same time, the airlines are financially struggling.

What do you think is the best approach to encourage airspace users to equip with

new technology? Under what circumstances do you think the FAA should mandate

the use of new technology?

Answer. It is my understanding that the Operational Evolution Plan is a commitment document that reflects the FAA/Industry consensus approach to voluntary aircraft equipage. Working with the Radio Technical Communications Association

(RTCA), the FAA has revalidated this approach and RTCA will soon publish a report that will establish the guidelines for mandatory versus voluntary equipage. For

the OEP capabilities, data driven, government cost/benefit analysis would be needed

to support this decision process. I have been told that the FAA expects that typically

benefits such as cost avoidance, revenue enhancement, and strategic advantage will

provide effective incentives for airlines and operators to equip. As FAA Administrator, I would support current FAA policy that for OEP capabilities, mandatory eqVerDate 03-FEB-2003 14:42 Aug 18, 2004 Jkt 091363 PO 00000 Frm 00051 Fmt 6601 Sfmt 6621 D:\COMMERCE\91363.TXT SSC2 PsN: SSC2
48

uipage will be considered only if a compelling benefit to industry can be defined.

Otherwise, only compelling safety and security concerns merit mandatory equipage.

OVERARCHING FACTORS THAT WILL AFFECT FAA’S PERFORMANCE

Question 22. There has been much talk this past year about restructuring the

FAA. What are your ideas on how the agency should structure itself to provide more

cost-effective air traffic services? Based on your experiences at the Safety Board,

what do you think the FAA needs to do a better job on?

Answer. I believe the FAA is placing a strong emphasis on performance metrics.

This commitment to openly measuring performance and sharing the results with the

aviation community is a fresh approach for a Federal agency. While the FAA has

made strides in its internal processes, I think more can be done in terms of accountability and follow through. The Operational Evolution Plan (OEP) demonstrates a

good example of developing an improvement plan with a focus on internal processes.

Question 23. It has been two years now since the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR–21) established a Chief Operating Officer and Management Advisory Council, with a subcommittee to oversee air

traffic services. While a Management Advisory Council and an Air Traffic Control

Subcommittee have been established, a Chief Operating Officer responsible for negotiating a performance agreement with the FAA Administrator has still not been

hired. What are your views on what type of individual is needed in this position

and what plans might you have to move forward in the hiring process?

Answer. I am told that over the past year and one-half, aggressive efforts were

made to recruit for the COO position by the Secretary of Transportation, the Deputy

Secretary and the FAA Administrator. Two search firms were employed, both unsuccessfully. Several offers were extended and ultimately rejected. In the end, two factors above all made it difficult to recruit a suitable candidate. First, the pending

transition at the head of FAA—each candidate wanted to be assured of a good working relationship and professional fit with the new Administrator. Second, there was

considerable concern among candidates about the role of the COO relative to the

ATC Subcommittee and the COO’s reporting relationship within FAA. The Department of Transportation has drafted legislation that would address the reporting relationship issues and make the work of the ATC Subcommittee more effective. If

confirmed as FAA Administrator, advocating passage of that legislation and recruiting an effective COO would be one of my very highest personnel priorities for FAA.

I would look for a COO candidate with strong management skills, deep operating

experience and the discipline to establish, measure and run the enterprise with rigorous metrics tied to FAA performance goals. Ideally the COO would have significant experience in the aviation world.

Question 24. Several years ago, Congress gave the FAA extraordinary personnel

and procurement flexibilities. While there is some general agreement that agency

procurement has improved as a result of those changes, it is much less evident that

the personnel reforms have yielded significant benefits. What is your view of these

reforms? Is there anything you could do as Administrator to take more advantage

of personnel flexibilities?

Answer. Changing personnel systems is a major challenge for any organization,

particularly one as large and geographically dispersed as the FAA. I believe the

FAA has made progress in implementing its new personnel system. There have been

successes in recruitment and employment flexibilities, implementation of performance-based compensation programs, and movement to an effective performance management system. As Administrator, I would examine how I could use the flexibilities

and tools available in the FAA system to continue the progress that has already

been made. The ultimate goal over time should be an agency that is responsive to

its customers, focused on its mission and goals, and supportive of the Administration’s initiatives for human capital management as outlined in the President’s Management Agenda.

Question 25. Based upon your work at the NTSB, are there areas or ways in

which the FAA is severely deficient? If so, what do you propose to do to address

those deficiencies?

Answer. One area that has been of some concern to the NTSB and to me personally is that of runway incursions. I am pleased that the FAA created an office of

Runway Safety to focus completely on this issue. I think the FAA’s current approach

of focusing on reducing the number of the most dangerous runway incursions, rather than simply reducing the overall number, will improve safety. There have been

some indications that this approach is working. I look forward to working with this

office on this very important issue. I would also like to see where we might expand

49

upon the use of information shared by the aviation industry to be more proactive

in improving safety.

SPACE

Question 26. What efforts has the FAA made to include space transportation in

the modernization of the National Airspace System (NAS) and how will these efforts

accommodate the future requirements for commercial space launches and re-entries?

Answer. I have been advised that the combined resources of the FAA’s Commercial Space Transportation and Air Traffic Services teams have developed two documents that offer a bridge between space and aviation operational requirements. The

first document that is part of this bridge is the Concept of Operations (CONOPS)

for commercial space transportation. The CONOPS describes commercial space

transportation operations with an emphasis on the management of space launch and

reentry vehicles as they transition through the National Airspace System. The second document is a Space and Air Traffic Management System (SATMS) Program

Plan, which lays out the incremental steps needed to accomplish the integration of

space operations within the NAS.

To accommodate future requirements FAA’s experts in Commercial Space Transportation support the NAS Architecture development as it incorporates space concepts and identifies future NAS requirements. Commercial Space Transportation

also participates in the Interagency Air Traffic Management Product Team and the

Radio Technical Communications Association Advisory Committee to review the future challenges that face the commercial space industry and assure a smooth transition.

In addition, to oversee the objective of seamlessly integrating space into the NAS,

the FAA has established a SATMS Executive Board that is comprised of senior FAA

and DOD managers. The FAA expects that the efforts I have described here will

be included in the Operational Evolution Plan strategic goal planning activities in

order to effect a seamless transition that meets all current and future user needs.

GRAND CANYON OVERFLIGHTS

Question 27. As you may know, I have a long-standing interest in the issue of air

tour overflights of our national parks, particularly the Grand Canyon. A federal appeals court recently ruled that the FAA must reconsider certain aspects of its regulations governing air tours over the Grand Canyon. Are you familiar with this issue

and can you tell me how you believe the agency should handle the matter?

Answer. I am aware that the FAA and the National Park Service have been working for some time to address concerns about the noise created in the Grand Canyon

by air tours that operate in the area. I have been told that FAA staff are in the

process of looking at the impact of the recent court decision and how the FAA

should proceed in cooperation with the Department of Interior in light of the decision. I can assure you that I will look into this matter and update you and the Committee at the earliest possible opportunity should I be confirmed.

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. KAY BAILEY HUTCHISON

TO MARION BLAKEY

Question 1. The Standard Terminal Automation Replacement System (STARS)

program is 4 years behind schedule and $700 million (80%) over budget. The DOT

IG has called it a ‘‘problem program’’ given the cost and schedule risk. What are

your plans for getting this critical program back on track and reducing the cost and

schedule risk?

Answer. I understand that the schedule delay which the Department of Transportation Inspector General has referred to happened in 1997 when labor unions identified numerous human factors issues that resulted in a need for significant software

development. The FAA agreed to these changes but this drove up costs from $940.2

million to $1.4 billion and delayed STARS deployment by nearly four years. Since

those changes were made, I have been told that STARS development and deployment has been on schedule.

The FAA’s risk mitigation plan for STARS involves an incremental deployment

schedule that allows the controllers and technicians to get used to some changes before introducing others. This allowed STARS to be introduced to the user community

in three phases, with each phase of STARS undergoing operational testing prior to

deployment. As a result, STARS has undergone extensive levels of testing at the

FAA technical center in New Jersey, at Department of Defense (DoD) air traffic control facilities and at several FAA air traffic control facilities.

50

* The ‘‘Air Crash Victims Families Group’’ is an informal alliance of ‘‘The American Association for Families of KAL007 Victims’’, ‘‘The TWA800 Families Assoc., Inc.’’, ‘‘The International

Association for Families of Swissair 111, crash victims of Alaska Air 261, EgyptAir 990 and

American families of other air tragedies.

I have been advised by FAA officials that, they expect the STARS system to be

operationally suitable to control live air traffic in Philadelphia by November 17,

2002. The STARS system is currently being used to control live traffic in El Paso,

Texas and Syracuse, New York with an initial software version, and the system at

El Paso will be upgraded nearly two months before Philadelphia commences operations.

AIR CRASH VICTIMS FAMILIES GROUP*

Ridgewood, NJ, August 15, 2002.

Hon. JOHN MCCAIN,

Senate Committee on Commerce, Science and Transportation,

508 Dirksen Senate Office Building,

Washington, DC.

DEAR SENATOR MCCAIN: We endorse the nomination of Marion C. Blakey as the

new Administrator of the ‘‘Federal Aviation Agency’’.

Mrs Blakey is presently the Chairman of the ‘‘National Transportation Safety

Board’’ (NTSB), the transportation accident investigative agency which feeds the

‘‘Federal Aviation Administration’’ their recommendations for the needs to improve

the safety and security in the civil air transportation sector.

Her NTSB experience alone would make Mrs. Blakey uniquely qualified to lead

the FAA for speedier implementation of their recommendations.

In addition, Mrs. Blakey brings to the FAA a wide ranging, balanced experience

from the time she worked at the Department of Transportation, at other Government Agencies, at the White House and in the private sector.

Even before the catastrophic events of September 11, 2001 the FAA found itself

engaged and pressured to reorganize, streamline and modernize its operations. During the tenure of its past Administrator, Jane Garvey, the FAA has made progress

in that direction. It is now imperative that the momentum of those ongoing efforts

of reorganization, regulatory improvements, technical and operational modernization to bring the FAA fully into the 21st Century be continued seamlessly, without

interruption, and be expanded.

With her past experiences Chairman Blakey would assure not only the continuity

to maintain, but also to increase the momentum of reorganization, where needed,

involving in the process all interested parties, the flying public included.

Chairman Blakey must be commended for her courage and for her commitment

to accept this daunting, often thankless task.

Respectfully,

A. FRANK CARVEN III,

TWA800.

HANS EPHRAIMSON-ABT,

KAL007.

Æ