Homeland Security

U. S. House of Representatives

Committee on Transportation and Infrastructure

Subcommittee on Aviation

Washington, D.C. 20515

HEARING

Tuesday, September 25, 2001

10:30 AM

2167 Rayburn House Office Building

TESTIMONY

Of

TOM POBEREZNY

President

EXPERIMENTAL AIRCRAFT ASSOCIATION

My name is Tom Poberezny.  I am president of the Experimental Aircraft Association, the leader in recreational aviation.  With an international membership of 170,000, EAA brings together aviation enthusiasts, pilots and aircraft owners dedicated to the continued growth of aviation, the preservation of its history and a commitment to aviation's future.  EAA programs, activities and events are known throughout the world for their support of aviation safety and promotion of personal enjoyment and responsibility within an aviation lifestyle.  These efforts are made possible through massive volunteer involvement in support of the organization, EAA's special interest Divisions, a global network of 1,050 local Chapters, and the affiliated National Association of Flight Instructors (NAFI).  EAA is known throughout the aviation community for our educational programs and activities, including youth outreach and accredited school programs, as well as pilot and aircraft builder and restorer efforts.

The devastating attack on the United States on September 11^th has sent an unprecedented ripple through our American society, including our nation's psyche and economic well being.  EAA members, like all other Americans and our caring fellow world citizens, have grieved and felt for those that suffered personal and family loss as a result of the attack on America.  As our nation comes to grips with the long-term effects of these attacks, and the appropriate response to those responsible, EAA believes that Ben Franklin's quote - "If you give up your freedom for security, you have neither." - is a most appropriate touchstone. 

As of September 21^st, tremendous emphasis has been placed on the need to reinstate the significant role of commercial air transportation in our nation's economy.  We recognize that providing security at air carrier and commercial airports, and ensuring the financial stability of this vital transportation system, is imperative.  Further, we recognize the need for continued evaluation of our nation's security along with industry support for appropriate improvements.  Clearly, preventing the economic devastation of the air carrier industry has been an appropriately high priority. 

The vast majority of media attention on the aviation industry has been concentrated on commercial air travel, security at airports served by the air carriers, and the commercial transport industry as a whole.  However, we believe that an assessment is also required to understand the economic harm done by government-imposed restrictions on general aviation and its interwoven infrastructure of small airports, aviation service providers (commonly known as FBOs or fixed base operators) and flight training facilities.  Upon completion of this assessment, industry and government assistance will be imperative in repairing the economic damage done to the general aviation infrastructure.  This is particularly so given the poor economic health of the general aviation community prior to the tragic events of September 11^th. 

Our comments and recommendations below are specifically directed to resumption of general aviation flight operations (including flight instruction), assessment of the economic damage done, and recovery to the best possible industry position.

CONTEXT AND VALUE OF "RECREATIONAL AVIATION"

Recreation in general, is important to the fabric of American society, as well as to our economic well-being.  "Recreation" is a huge "industry."  The standard of living in America, which has been made possible by our economic prosperity, our democratic system of governing, and our nation's founding principles of freedom, values recreational and family time.  The privilege, under our Constitution, for American citizens to recreate without endangering others, is a part of the fabric of our society.  This recreation, in many cases, includes the use of motorized vehicles on both the land and in the air. 

This Committee is well acquainted with the definition of general aviation, which includes all non-scheduled civil flight activity.  General aviation represents 92% of the civil aircraft fleet and generates $65 billion in economic activity within the nation's economy.  A large portion of general aviation activity is "recreational" in nature.  Many of our citizens feel there is no greater freedom than flight through the vast ocean of air above us.  Our freedom within the United States to enter this airspace, by those appropriately trained and proficient in its use, distinguishes us from virtually all other countries on the globe.

Recreational aviation activities include the construction, restoration, preservation and use of personally-owned aircraft for a variety of purposes.  These purposes include preserving and exhibiting aviation artifacts, providing humanitarian aid, personal transportation of individuals and families to business and recreational destinations, and simply for the joy of flight.  This is supported by EAA through aviation activities sponsored by EAA Chapters that host more than 15,000 events annually.  These events range from gatherings of local aviation enthusiasts to the world's largest aviation event, EAA AirVenture Oshkosh - the fly-in convention of our membership hosted for seven days each summer in Oshkosh, Wisconsin.  This annual event brings together approximately three-quarters of a million aviation enthusiasts in a safe, family-oriented, educational and entertainment environment that produces nearly a $100 million in economic impact in Wisconsin alone.  An equal or greater amount of commerce is generated throughout the nationwide aviation marketplace as a result of this event. 

Significantly, recreational aviation provides the enthusiasm and interest for the greater general aviation community and consequently serves as the breeding ground for the entire national airspace system.  A love for flight, things mechanical, and the romance of flying provides the entry level for many in the human resource pipeline that supplies commercial pilots, mechanics, and engineers in both the civil and military sectors.  Additionally, aviation, and the people involved in it, serve as a role model for innumerable young people as both a career path, and a discipline and challenge for personal fulfillment.  For example, the EAA Young Eagle's program has, since its inception in 1992, provided, with volunteer pilots and ground safety personnel, more than 760,000 young people between the ages of 8 and 18 with a meaningful flight experience covering the entire spectrum of general aviation aircraft.

Lastly, "recreational aviation" - as a part of the patchwork of general aviation -- is more than just the sheer pleasure of flying a personal aircraft.  It also is a key element of the interwoven infrastructure of small airports, operators, and commerce through the purchase of aircraft, fuel, supplies, and flight training.  Where there is recreation of any type, there is business that supports and depends on that recreation.

POST ATTACK ACTION

In the hours immediately following the attacks on New York City and Washington, D.C., the Department of Defense grounded all aircraft within the United States.  EAA supported this appropriate action intended to identify any additional airborne security threat to the United States.  However, as the total grounding stretched on for days, individuals and businesses that depend on various low-risk aviation activities for their livelihood, far from national security assets, questioned the continued grounding of their flight operations.  Individuals lacked information and therefore an understanding of why freedom of movement was restricted in what is perceived to be very low-risk activities far from major metropolitan areas and centers of commerce and government.  Those involved in the general aviation community and industry were further frustrated by the public perception that within three days of the attacks, all aviation operations were returned to normal.  Of course, the vast majority of aviation was not and two weeks later some elements are still grounded.  While this Committee appreciates the broad range of general aviation and its multi-faceted value to America, the general public does not.  The total economic and societal contribution of general aviation and its essential transportation value is, unfortunately, "invisible" to most Americans.

In the days following the attacks, most individuals involved in aviation turned to aviation organizations to represent their interests in returning to some normalcy.  EAA's priorities throughout the first week following September 11 remained clear:  Cooperation and coordination with appropriate government authorities, transmitting valuable, timely, and accurate information to our membership and other aviation enthusiasts, and representation of the recreational aviation community to assure a complete recovery of flight activity without undue or unreasonable restrictions that might become permanent.

CURRENT STATUS:  ECONOMIC AND SECURITY CONCERNS

Much has changed in the last two weeks.  The Federal Aviation Administration and Department of Transportation are to be commended for their outstanding efforts to restore not only commercial air commerce in a safe and orderly fashion, but also for making incremental restoration of general aviation flight activities a priority.  This has been a difficult time for all.  Part of the difficulty for EAA in fulfilling our responsibility in the first week was a lack of understanding and flow of information from government agencies and authorities that were controlling the airspace as a matter of national security.  Fortunately, in more recent days, we have come to understand those motives more clearly.  Further, it has become obvious - based on the incremental release of general aviation operations -- that those responsible for national security have an appreciation that their mission must also be balanced with a timely return to normalcy.  Without this balance, the economic devastation of an entire industry with long-range ramifications for the entire national air transportation system would result.  The dissemination of dynamic, operational flight information to all airmen is a huge challenge.  EAA has, and will continue to, assist the government in this vital role.

The effect on individuals who were utilizing general aviation aircraft on September 11 - and who were literally halted in their tracks - ranges from "significant hardship" to "simple inconvenience."  However, general aviation businesses and industry were the most suddenly and significantly impacted.  Activity and revenue generation at the nation's approximately 2400 flight schools - most of which are small businesses - came to a complete halt.  The General Aviation Manufacturers Association estimates that these flight schools are losing approximately $12-15 million in revenue per day.  Based on surveys this week by EAA's affiliate organization, NAFI, more than 5,600 flight instructors have already been laid off from their positions as a result of restrictions on flight training in the United States.  Those that remain technically employed have not been paid, since their compensation is based upon the number of flight hours of instruction they conduct.  This is a huge percentage of the nation's instructor assets.  Countless support individuals have suffered employment interruption and/or termination as a secondary result.  EAA wishes to underscore the NAFI testimony before this Committee and their research that highlights both the short-term economic devastation and the long-term system-wide damage that is continuing.

Today, the public perceives that there is only one airport in the country - Reagan National Airport - that is closed.  In fact, as of September 21, nearly 600 airports and landing areas are still largely shut down by order of the U.S. government.  These airports are some of the busiest in the nation.  Many of them have a greater number of flight operations and a more significant economic impact on the surrounding communities than most of the secondary airports served by the air carriers. 

The recreational aviation product and manufacturing industry has also been significantly impacted by restrictions placed on general aviation activities.  This includes the manufacture of recreational aircraft (both fully constructed and in kit form), as well as supply and services companies.  Many recreational aircraft manufacturers also serve the flight instruction market with light recreational aircraft and trainers.  They also produce FAA type-certificated aircraft that are utilized in the flight training community.  One manufacturer, who supplies flight schools with aircraft, believes that 30-45% of flight schools could be forced to close in a matter of weeks if flight training activities are not totally restored.  All of the manufacturers surveyed by EAA during the week of September 17 voiced concern over the stability of flight school operations, recognizing the tight margins on which they operate and other pre- and post-September 11 conditions.  As noted in NAFI testimony, once flight schools - and the capital that supports them - goes elsewhere, it is not likely to return.  The trickle-down affect on equipment suppliers, repair stations, mechanics, and fuel suppliers will be significant.  Attached to our testimony are a number of letters from manufacturers stating specific concern over the economic crisis that has been created as a result of the interruption and ongoing curtailment of flight training.

As of September 21, the restriction of most flight activity around metropolitan areas and continued restrictions on certain flight training activities is compounding the economic disaster and lack of confidence in the aviation community. 

Now to the subject of general aviation security and the risk created by general aviation flight activities.  An analysis of this risk can be divided into two categories: individual/personal use of aircraft, and the flight training environment.  There are two major elements of risk associated with the personal use of general aviation aircraft.  The first relates to the potential damage that can be inflicted by an aircraft of the performance capability and size of these aircraft, and second are the "control elements" that exist in the operation of light general aviation aircraft in the United States. 

It is a commonly held misconception that general aviation aircraft, the majority of which operate without a flight plan on file with the government, are "uncontrolled."  The regulatory term of "controlled and uncontrolled aircraft" primarily relates to a definition of administrative responsibility by the government for the separation of aircraft through the air traffic control system.  In fact, "uncontrolled aircraft" are, in effect, controlled by virtue of Federal Aviation Regulations that stipulate permissible flight activities, flight operating environments, and air space in which flight can be conducted.  These regulations also stipulate a variety of graduated competencies of pilots (through various certificates and ratings) and requirements for various aircraft navigation and communication equipment.  In fact "uncontrolled aircraft" are "controlled" in considerable volumes of U.S. airspace.  This is particularly true in major metropolitan areas and in designated Class A, B, C, and D airspace.  In all of these areas around major metropolitan areas and tower-controlled airports, full-time air-to-ground communication is required and varying levels of pilot training, proficiency, and aircraft equipage is mandated.  Of course, there are additional warnings, restrictions, and prohibitions for airspace related to national defense training and national security.

The vast majority of the active general aviation piston-powered fleet is of a size, performance and range capability that do not pose a risk of inflicting significant third-party damage to those on the surface.  Of this active fleet, 87% are small, rotorcraft, lighter-than-air gliders, and single- and twin-engine piston-driven aircraft.  The vast majority of this percentage is below 4,000 in gross takeoff weight when fully loaded with fuel, passengers, and other payload.  The performance and size of these aircraft in combination with other in-place "control mechanisms" (through Federal Aviation Regulations) significantly reduce the potential of disastrous consequences.

The current and future role of "security" within the flight-training environment is complex.  The variety of flight training environments range from independent, government certified flight instructors, teaching to test standards designated by the government, to highly controlled and well-established large flight schools and university aviation flight training programs.  Flight instructors are certificated by the FAA to a standard of knowledge for the fundamentals of instruction and competency in aircraft operation.  These competencies run the full range of flight instruction capability in ultralight trainers to transport category aircraft.  This range of flight instruction business infrastructure - from freelance individuals to highly structured business environments - will add to the challenge of assessing the role of flight instructors in aviation security.  In this regard, EAA will be providing administrative and technical support for the planned establishment of a blue ribbon panel on flight instruction currently being assembled by the National Association of Flight Instructors.  We look forward to the results of the panel's deliberations and the recommendations defining appropriate government and private sector responsibilities to assure that national security is balanced with the requirements for flight instruction in the United States.

CONCLUSIONS AND RECOMMENDATION:

To summarize, the economics of the general aviation community / industry -- like most of the American economy -- approached stoppage during the week of September 11.  While many other individual businesses throughout the country resumed productive commerce by Week 2, the general aviation industry and community remains significantly impacted.  Even with the incremental release of IFR general aviation flights and VFR flying in rural areas, the effects of the "down time" and the continued flight restrictions have yet to be fully appreciated.  The general aviation community existed in a fragile economic environment prior to the events of September 11.  The amount of damage done on a long-term basis to a community that serves as the supply line for the entire national air transportation system is still in question. 

EAA provides the following recommendations and commitments to assisting in a recovery within the general aviation and flight training community:

• EAA offers to participate in any general aviation economic impact assessment of the short- and long-term ramifications of the September 11 attack.
  
  
• As an immediate measure, EAA recommends the Committee reinforce the imperative nature of the intelligence community's responsibilities for overseeing immigration and control of individuals that might use America's outstanding and economical flight training facilities with the intent of conducting illegal act.
  
  
• EAA will fully support the efforts of the National Association of Flight Instructors to establish a Blue Ribbon Panel on the U.S. flight instruction industry crisis. 
  
  
• EAA supports the recommendations of NAFI and the General Aviation Manufacturers Association to provide financial support for the nation's flight schools.
  
  
• EAA has begun an evaluation of various other programs and activities that would be helpful in providing additional reconnaissance at the nation's general aviation airports through our network of local EAA Chapters.
  
  

EAA appreciates the opportunity to testify before this Committee on matters of vital national security concern and general aviation industry vitality.  I would welcome an opportunity to respond to any questions that the Committee may have.