From: Shane, Jeffrey N. [mailto:jnshane@hhlaw.com] Sent: Wednesday, November 25,20094:23 PM To: Kurland, Susan COST); Fornarotto, Christa COST) Subject: Future of

### u.s. Aviation Dear Susan and Christa
- Manythanks forallowing me to be part ofthe very interesting Forum on November 12th. Itwas a great event, I thought, particularlybecause it madethe vast scope ofaviation policy so abundantly clearto everyone. I have attached a short paper setting forth my responses to the Secretary's three questions. I know thatthe list of industrycategories will strike some as overlong. In my experience, however, you'll be buying yourselves a lotof unnecessarytrouble ifyou attemptto limit the scope of the advice the Secretary is seeking. The wayto deal with the size problem is through subcommittees and careful agenda-setting. Finally, you might be surprised to see business aviation listed so prominently in mysuggested five issues. Business aviation, however, has taken a disproportional hitfrom the economic downturn and that part of the industryhas shed many morejobs, proportionally, than other parts. None of us can predict howwell business aviation will do in the longerterm, but in the interest of a major providerof U.S. aviation employment, we should ensure that governmentis not inadvertently exacerbating business aviation's problems. Also, business aviation will have a lotto say about what can be accomplished through reauthorization -- particularly in yourquestfora sustainable wayto fund NextGen and system operations forthe future -- and therefore it's importantthatthey be in thetent. I'm sure you are getting way more advice than you think you need atthe moment, but please don't hesitateto let me know if you everwantto kick anyof these ideas around. Have a greatThanksgiving! Best regards, JeffNovember25, 2009


### TO: Susan Kurland

FROM: 

### RE: Assistant Secretaryfor Aviation and International Affairs, DOT Christa Fornarotto Deputy Assistant Secretaryfor Aviation and International Affairs, DOT Jeff Shane, Hogan & Hartson, LLP Federal Advisory Committee (FAC) on Aviation Industry
1. How many members should the FAC have? The "aviation industry" is in fact a large collection of industries. As such, the FAC is sure to miss key issues unless it includes representation from mostorall elements or subgroups. The FAC therefore should not be less than 50 individuals, each representing a leading aviation company or a broaderaviation interest group. (Because views are likelyto differ even within a particularsubgroup, more than one representative ofthe largersubgroups- e.g., the airline industry -- should be accommodated.) Important prerequisites to getting real value outofany FAC are the formulation of a clear and productive agenda and the organization ofthe work. To prevent meetings from becoming so large as to be unwieldy, the FAC should be organized into subcommittees. Most meetings would be meetings of sub-committees, with periodic "plenaries" to ensure that everyone is fully apprised ofthe Committee's deliberations and recommendations.


### 2. What mix of participants should the FAC include?
• Combination air carriers • Regional and commuter air carriers • All-cargo air carriers • Express cargo air carriers • On-demand charter air carriers • Fractional aircraft ownership programs • Business aviation (including corporate flight departments) • Private/general aviation operators of small aircraft • Airport operators (including general aviation and commercial airports) • Organized labor (pilots, flight attendants, machinists, ramp workers, etc.) • Investment banking community • Airframe and engine manufacturers

### 2

• Aircraft maintenance, repair, and overhaul providers • Technology organizations and vendors (ARINC, MITRE, RTCA, avionics suppliers) • Consumerorganizations • Economic consultants specializing in aviation
3. What arethetop five issuesthe FAC should address in creating a roadmap for thefuture ofthe U.S. aviation industry?
• FAA reauthorization, with an emphasis on NextGen (planning, funding, equipage) • Future of business aviation • Aviation and climate change • Airport congestion • Reinforce and expand established policy on competition and liberalization - Open Skies, alliances, antitrust immunity, access to capital