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RESPONDED ON DECEMBER 2, 2009 11:37 AM 

Ken Mead, Special Counsel, Baker Botts L.L.P. 

Secretary LaHood and the Journal are essentially asking the same question—what are the 

five most important issues that should be on the Advisory Group's agenda—a fair enough 

and straightforward request. In framing the issues, however, great care should be taken 

to frame them with certain protocols in mind. First, the issues should bie expressed in 

such a manner that they are clear and explicit and not so general as to be unmanageable. 

Second, action items should have near term milestones so that progress can be measured 

during this Administration's term of office. Third, every effort should be made to 

construct issues in a way that seek to unite not divide the aviation community. I am 

thinking here, for example, of general and commercial aviation, management and labor, 

airlines and their passengers. 

Although certainly not an exhaustive list, here are my thoughts for your readership to 

consider. They cover a range—Expedited Air traffic Control (ATC) modernization and 

associated ATC procedures; Federal financing of aviation, which is critical to the national 

transportation infrastructure and should include a robust General Fund contribution; 

Optimizing aviation safety gains; and Ensuring U.S. leadership on the international 

front. Also, I believe it is important to clarify that congressional enactment of the long 

delayed multi-year FAA reauthorization is the most appropriate vehicle to articulate 

national aviation policy and that the establishment of the Secretary's Advisory Group 

does not stand in the critical path of the reauthorization measure moving forward 

expeditiously in 2010. 
Expediting Air Traffic Control (ATC) Modernization and Associated 

ATC Procedures. We need a four to five year action plan that can be 

implemented expeditiously and that plan should be focused on a manageable 

number of achievable actions. FAA's RTCA Task Force 5 performed a genuine 

service in that it emphasized what needs to be done in the near term. 

Enplanements and operations are down sharply, so there truly is a silver lining 

afforded by the economic recession—an opportunity to move forward smartly 

during this lull in operations. This opportunity should not be squandered. When 

the economic engine again begins firing on all cylinders, USDOT and FAA will 

not be in a position to take corrective action to avoid gridlock and intolerable 

congestion—except by taking draconian actions. The action plan should be 

targeted to operational benefits for general and commercial aviation and use 

meaningful metrics. As part of this effort, FAA should take a look at the ATO's 

organizational structure and reporting lines to judge how best to fix 

accountability for implementing the action plan. The ATO does an excellent job of 

running the ATC system 24/7/365, but does that come at the expense of an 

actionable vision and plan for the next five years? 

Financing Aviation. Implement a financing system that recognizes the 

legitimacy of a continuing and robust General Fund contribution, which will 

translate to 25-35% of FAA's budget—more on the order of 30-35% for the 

immediate future. In addition to the importance of this to job maintenance and 

job creation, it will go a long way toward recognizing aviation as an integral part 

of the nation's transportation infrastructure. And, in the case of NextGen, an 

appropriate and equitable toolbox of financial incentives should be considered to 

incentivize avionics equipage. The infrastructure for a modernized ATC system 

will not work safely and efficiently without new on-board avionics and ground 

infrastructure. 

From the standpoint of financing policy, decision-makers need to keep in mind 

the very substantial General Fund contributions currently being made to high 

speed rail, Amtrak, highways, bridges and mass transit. Aviation should not be 

left out in the cold. Efforts to shift aviation infrastructure costs to a user fee 
system or through burdensome additional taxes and fees should be abandoned as 

dilatory, divisive, and unnecessary. 

3. International Strategy. Given the success of the Open Skies initiative, the 

Advisory Group could make a lasting contribution by establishing the key going 

forward aviation agenda items on the international front and articulate the 

elements of a strategy for achieving that agenda. Climate Change, GHG 

emissions, NextGen and SESAR harmonization, equipage requirements and 

various certification issues are among the targets of opportunity that come 

immediately to the forefront. 

4. Aviation Safety Building Blocks. Secretary LaHood's Advisory Group should 

also have a focus on aviation safety and seek to build on what by almost any 

measure is a remarkable safety record. Not only is "safety" always characterized 

as DOT'S number #1 priority, it also is an area where a failure to continuously 

improve can have tragic consequences. Aviation safety may not show up on 

everyone's "top 5 issues" list, but that is because there seem to be so many other 

deep-seated and obvious problems. That is not the test though in the safety area. 

Proactiveness is key and extraordinary aviation safety gains have been made 

because proactiveness was the compass. This is one of the messages of former 

Ambassador Ed Stimpson's Blue Ribbon Panel Report on Aviation Safety to then 

Secretary Mary Peters. I was saddened to learn of Ed's passing last week; his 

contributions to aviation safety are an important part of his legacy. 

5. Moving Forward on FAA Reauthorization. A multi-year reauthorization of 

FAA and aviation programs will serve both a substantive and symbolic purpose. 

Due ostensibly to the press of higher legislative and Administration priorities, it 

is likely that still another short term extension of existing law will be necessary (it 

may be extension number 11, but I have lost count). Reauthorization is the 

appropriate vehicle for articulating national aviation policy. The House passed its 

version months ago, but the Senate bill has yet to make it to the Senate flom*. A 

great deal of work went into both bills. Hopefully, the Senate and House will be in 

a position to move forward to Conference and reconciliation of the two measures 

early in 2010.1 believe it would be helpful to clarify that the establishment of the 

Advisory' Committee is not intended as a signal to defer expeditious movement of 

the reauthorization measures.