Editorial: DO Sweat the Small Stuff
By Ed Downs
We have all heard the old standby, “don’t sweat the small stuff.” Typically, that advice is given when one needs to keep focused on the final outcome of a big issue. The general belief is that if one takes care of the big issues, the small ones will resolve themselves. A recent conversation, however, has caused this writer to rethink that sage advice. My past editorials have expressed concern that our current national leadership is openly hostile towards private aviation, both personal and business.
For example, this editorial section, and virtually every editorial section of all aviation magazines, have addressed the proposed “per flight” user fees. While engaged in a discussion regarding these fees, the comment was made, “what makes you think private aviation is being treated in a hostile manner other than simply asking rich guys to pay their fair share?” This writer was caused to pause and think. The suggested user fee tends to be a rallying point for those who support aviation, but is that the only issue? Intuitively, I felt safe in the views expressed in these pages, but was I working on facts, or gut feelings brought about by personal political preferences. What is it that has this writer so concerned about the future of our industry?
First, I took a look at where my editorial perspective comes from. This writer began flying in the Eisenhower administration, before the FAA existed, and has been continuously active in the regulatory side of aviation since that time. My legal engagements with the newly formed FAA began in 1958 and led to a career that specialized in aviation law and the legislative process. Activities included pilot and aircraft certification (in more than 30 countries), in addition to responsibilities in managing the operations specifications for both FAR 135 and 121 operations. Four years working “inside the beltway” with a major alphabet organization included direct congressional and west wing contact, participation in all levels of FAR creation, advisory circulars, technical orders and notices that serve as guidelines for the day-to-day operations of the FAA and Department of Transportation. Later years included the privilege of participating in creation of the LSA and Sport Pilot standards.
In short, this writer has been blessed with extraordinary experiences and opportunities, serving our industry under 11 different presidents. I have seen many different forms of leadership and variances in the quality of bureaucratic management. Now, in looking back, can this writer say that things have really changed? Isn’t what we have going on today simply more of the same old political stuff? In a word, no.
The negativity one feels is not coming from big, major, proposed laws or anti-aviation speeches. The negativity comes from many directions, many government agencies and in many subtle, “off-hand” comments. In some cases facts are simply excluded, leaving those listening to speeches with half facts and innuendoes. The current administration is the first that I have seen include criticism of business aviation as a standard part of the obligatory “stump” speech. How many times have we now heard, “It is time to level the playing field, to get these rich guys flying around in their private jets to pay their fair share.” This is an indirect slam, but the negativity falls well into the hands of anti-airport groups who have long claimed airplane owners are just “rich guys with expensive toys.”
The reality of our national airspace system and the commerce it promotes is simply left out of the discussion. The proposed per-flight fees are touted as a “fair share” to pay for the special services “rich guys” get and that it will help with the deficit.
The fact that FAA services became predominantly self-supporting with passage of the Airport and Airways Act of 1970 is simply left out of such rhetoric. This act included excise taxes, fuel taxes, registration and aircraft weight taxes, ticket sales taxes and taxes on cargo waybills, all to support the national airspace system. This act was restructured and taxes increased with the Airport Airway Development Act of 1976. The 1976 act was reaffirmed, just last year, with more tax increases, all in the name of “aviation paying its own way.” General funds are used only when FAA expenditures exceed what is available in the Aviation Trust Fund established by these acts.
The Congress has, until recently, only been allocating funds on a vote by vote basis, not part of an overall budget. Oh yes, and does the reader know that a huge portion of the trust funds go to subsidize airport construction in the way of grants to municipalities, as a direct subsidy to airlines who do not have to build their own terminals. This is not bad; it means a lot to the job market, but it seems to be a small detail that is just overlooked. How dare the administration claim that any aviation entity is not contributing to the cost of the system! Yes, this level of rhetoric is new to this writer.
But there are other “small” things. Have readers been paying attention to the TSA’s move into every aspect of aviation? The NBAA and FBO organizations are fighting hard to keep the TSA from implementing oppressive security at your local FBO. This writer conducts Flight Instructor Refresher Clinics (FIRC’s) and is now required to spend about two hours of each 16-hour class teaching TSA information, not covering flight safety topics.
Then there is the FAA proposal to make all “N” numbers on all IFR flights available to anyone who wants them by simply going to the web. These flights can be tracked from take off to landing, by anyone. Sure, that could be a good service if it is restricted to granted permission, but as a policy, it is intrusive and challenging to reasonable expectations of privacy.
Yet another sign of disrespect? Let’s not forget the recent attack on the GPS navigation system, wherein a commercial company (major campaign contributor) is granted privileges that were so damaging to the GPS system that it took a Congressional committee (good for them!) to sort out what was going on. This all took place at the management level of the FCC, without a public comment process. Again, disregard for aviation? This is another example of a “small technical issue” that received attention only when the alphabet groups teamed up and made the facts known.
In all fairness, the quality of political appointees in the FAA has been an issue for the last 20 years, with the FAA employment having become a favorite “gift” to political supporters and fundraisers. Delays in equipment upgrades, and late Next Gen and employee-relations difficulties do not get much news coverage, but directly relate to poor quality leadership. The FAA’s methods of enforcing regulations have become so contrary to basic Constitutional conventions that a bill is now working its way through Congress called the “Pilot’s Bill of Rights.” The need for such a legislative solution is because of a long series of “little things” that simply duck under the radar.
And, how many readers know that the FAA question database (used to create pilot written exams) no longer discloses all of the questions, as do all other forms of government exams? Yes, “secret” questions are being used to make it harder to pass written tests. Of course, this is just a little thing. More and more, we see executive decisions and rules coming from the President’s office and agency heads without the customary public comments procedures. The list goes on, and yes, it is very different than this writer has seen before. It is hostile and scary. There is more, but let’s stop griping and get to the action part.
America’s political leadership appears to strongly favor public air transportation (airlines), and wishes to finance that favoritism with private aviation resources. There seems to be no other conclusion. Of course, this will never fly if an attempt is made to simply pass one big law that grounds us. It can succeed if many small restrictions are put into place by a variety of agencies, whether or not they are aviation related. Looking back, this writer has no memory of so many small, negative actions taking place at one time. Fortunately, there is a way to deal with these “thousand cuts.” In short, it is the “alphabet groups.”
Organizations like AOPA, EAA, NBAA, LAMA, GAMA and many others, some representing professional groups, are the key. The sometimes negative view of these groups is often promoted by politicians who would rather not have to explain their actions to experts who know the truth. Many elected officials I worked with greatly valued the expertise these groups offer, and depend upon them for good information concerning subjects that were not in their realm of experience. This writer has worked closely with, and in, many of these organizations. Believe me, they are experts in “small stuff.” Forget everything you may have thought about these groups due to the ancillary products they sell or their appearance of being a flying club. They need members and are compelled to market themselves, but they have staff members who know what is going on and handle the small stuff, along with major issues, on a regular basis. They know that you are an aviation participant, not a political or legal expert. That is their job.
Yes, we are in troubled times, but far from hopeless. This is an election year and politicians are more likely to listen and care. The alphabet groups are up to speed and running at full power, but they need your support. Please, take this from a guy who has worked inside the beltway, these groups know what they are doing. It is time to step up, join and participate.
