NASA and USAID Bring Earth-Observation Benefits to Africa

November 21, 2008 at 12:57 pm | In Space Law | No Comments

by P.J. Blount with the blog faculty

From NASA:

RELEASE : 08-307

NASA and USAID Bring Earth-Observation Benefits to Africa

WASHINGTON — NASA, the U.S. Agency for International Development (USAID) and their international partners cut the ribbon Friday in Nairobi, Kenya, for SERVIR-Africa. The SERVIR-Africa system integrates the satellite resources of the United States and other countries into a Web-based Earth information system. This effort puts previously inaccessible information into the hands of local scientists, government leaders and communities to help address concerns related to natural disasters, disease outbreaks, biodiversity and climate change.

SERVIR, Spanish for “to serve,” has been in operation in Central America, the Caribbean and southern Mexico since 2005. Now, through the support of multiple government agencies and other organizations, NASA and USAID are expanding the system to Africa in partnership with the Regional Center for Mapping of Resources for Development in Nairobi. The center, an intergovernmental organization with 15 member states in eastern and southern Africa, is a leader in geospatial mapping in the region.

“A satellite birds-eye view can provide an overall picture of a natural disaster, such as a flood, and its consequences,” said Tesfaye Korme, director of remote sensing and geographic information systems at the center. “Using the SERVIR-Africa platform, we will be able to develop near-real time maps of flood-affected areas to estimate the number of displaced people and locate potential transportation disruptions.” . . .”

European Parliament resolution of 20 November 2008 on the European space policy: how to bring space down to earth

November 21, 2008 at 10:52 am | In Space Law | No Comments

by P.J. Blount with the blog faculty

The European Parliament adopted European Parliament resolution of 20 November 2008 on the European space policy: how to bring space down to earth on November 20, 2008:

European Parliament resolution of 20 November 2008 on the European space policy: how to bring space down to earth

The European Parliament ,

– having regard to the Council resolution of 26 September 2008 on taking forward the European Space Policy(1) ,

– having regard to the UN Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Resolution 2222 (XXI) – Outer Space Treaty),

– having regard to its resolutions of 10 July 2008 on space and security(2) , and of 29 January 2004 on the action plan for implementing the European space policy(3) , and to the deliberations of the public hearing organised by its Committee on Industry, Research and Energy on 16 July 2007,

– having regard to Council resolution of 21 May 2007 on the European space policy(4) ,

– having regard to the Commission working document of 11 September 2008 entitled European Space Policy Progress Report (COM(2008)0561),

– having regard to the Council Decision of 7 October 2003 on the signing of the Framework Agreement between the EC and the European Space Agency,

– having regard to the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU), as amended by the Treaty of Lisbon, and the relevant provisions on the European space policy (Article 189 of the TFEU),

– having regard to Rule 108(5) of its Rules of Procedure,

A. whereas space is a strategic asset of fundamental importance for Europe’s independence, security and prosperity and whereas political developments in this area must be spearheaded by the Council together with Parliament,

B. whereas the EU and a number of its Member States have been involved in financing and developing space technology and science for over 30 years, resulting in the establishment of a vision for a European space policy (ESP), and recognising the fruitful cooperation with the European Space Agency (ESA),

C. whereas there is a growing interest in a strong and leading role for the EU in an ESP in order to foster solutions in the field of the environment, transport, research, defence and security,

D. whereas a strong ESP, in particular, in terms of applications, services and related infrastructures, will contribute to the EU’s societal, cultural, economic and scientific influence, help develop its industrial and scientific base, contribute to its growth and employment and will ensure its political and technological autonomy in a coherent and realistic manner,

E. whereas all Europe’s space activities fully respect the principle that the exploration and use of outer space are for the benefit and in the interests of all countries and recognise outer space as a province of all mankind to be used for exclusively peaceful purposes,

F. whereas the EU is committed to promoting international cooperation in the exploration and use of outer space; sharing the Council’s view that Europe should undertake its actions regarding space exploration within a worldwide programme,

G. whereas it is important to the development of the ESP to reinforce public understanding and support for the development of space technologies, ensuring the complementarity of actions and maximising synergies with non-space developments,

H. whereas there is a strategic need for Europe to guarantee the continuity of autonomous, reliable, sustainable and cost-efficient access to space, based on both the availability of a set of adequate and competitive world-class launchers and an operational European space port,

I. whereas it is necessary to find adequate EU instruments and funding schemes for the ESP to supplement the allocations from the Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013), so as to allow the different economic actors to plan their actions in the medium and long term,

J. whereas an adequate structure of governance in the field of space policy and activities and an appropriate regulatory framework to ease the swift emergence of innovative and competitive downstream services, in particular with the objective of guaranteeing sustained access to spectrum for all space-based applications, are fundamental to ensure that the ESP delivers the expected results and matches the ambitions of the EU, the ESA and their respective Member States,

K. whereas a precise calendar needs to be defined to fulfil the goals of Galileo, EGNOS and the programme for Global Monitoring for Environment and Security (GMES - renamed Copernicus) and a roadmap should be established for the various bodies playing a role in the implementation of these programmes,

L. whereas space now represents a unique tool for instantaneous collection and worldwide broadcasting of large quantities of data in today’s society, as well as a crucial tool for the understanding and monitoring of global climate change, a field in which Europe is at the forefront; calling on the other international actors to a more responsible attitude towards future generations,

M. whereas important breakthroughs can be achieved regarding security aspects in space, mainly in the field of telecommunications, surveillance and Earth observation,

N. whereas the resolution of the fourth Space Council of 22 May 2007 (joint meeting between the Council of the European Union and the ESA Council) calls for the optimisation of the decision-making process on space-related issues in the Council of the European Union as well as in other EU institutions,

O. whereas the next financial framework should take into account adequate EU instruments and funding schemes to allow long-term Community investment for space-related research and for the operation of sustainable space-based applications for the benefit of Europe and its citizens,

P. whereas the EU should strengthen its cooperation with developing countries,

1. Welcomes the Council conclusions of 26 September 2008 as a useful political commitment towards the development of anESP which contributes strongly to a European identity and reiterates its intention of being constructive and participating fully in its implementation, as if the Treaty of Lisbon were in force;

2. Agrees with the Council that the current priorities are the timely implementation of the Galileo and EGNOS and GMES/Copernicus programmes;

3. Welcomes in particular the creation of the Galileo Inter-institutional Panel which may serve as a model in the development of the ESP;

4. Calls on the Commission and the Council to set a precise calendar for the creation of an efficient governance structure regarding the GMES/Copernicus programme and to clearly establish a roadmap for this programme with the aim of improving its efficiency and specifying its budget allocation;

5. Insists on the decisive role of the GMES/Copernicus programme as a user-driven initiative implemented thanks to the essential contribution of the in-situ Earth- and space-based observation infrastructures; stresses that data and service continuity is indispensable; takes the view, more particularly, that the Commission should first undertake to commission an impact assessment of the potential benefits, the costs to be incurred and the long-term evolution of the GMES/Copernicus programme, and then submit to Parliament and the Council an action plan covering, inter alia, the following aspects:
– the legal framework of the GMES/ Copernicus programme,
– GMES/Copernicus governance, including the role of EU and non-EU bodies,
– funding of the GMES/ Copernicus programme,
– an implementation plan,
– the role of similar but complementary initiatives, both intergovernmental and multilateral,
– the international aspects of the GMES/ Copernicus programme, and hence the necessary cooperation;

6. Regrets that, despite the clear recommendations of the user community, the continuity of the low inclination altimetry data is not ensured after the end of life of the Jason 2 satellite already in orbit, and asks the Commission to tackle the problems relating to the financing of Jason 3, which risk endangering the short-term sustainability of Copernicus services, and to report to Parliament on the decisions taken in this respect;

7. Encourages the establishment of a structured dialogue between European institutional actors and intergovernmental actors, ensuring for all Member States an open and equitable access to the benefits of the ESP;

8. Calls on the Council and the Commission to encourage synergies between civilian and security developments in the field of space; points out that the European security and defence capabilities depend among other things on the availability of satellite-based systems and that access to these is crucial for the European Union;

9. Asks the Council and the Commission to make progress on the subject of international relations, namely on competition in international commercial and government markets, with the goal of ensuring that Europe speaks with one voice and follows an agreed strategy;

10. Agrees with the Council that international cooperation on space must serve the interests of Europe and that, with this purpose, should contribute to global initiatives; stresses the importance of ensuring Europe’s political, technological and operational autonomy;

11. Reminds the Council and the Commission of their stated intention of submitting to Parliament, in the context of the ESP implementation plan, specific recommendations or proposals, given the nature of the four priority areas, on:
– space and climate change,
– the ESP’s contribution to the Lisbon Strategy,
– space and security, based on its resolution of 10 July 2008,
– space exploration, including human presence and manned space flight;

12. Stresses the importance of developing a space-related industrial policy, a crucial element in this policy being the regulatory framework and the standardisation programme which contributes to the emergence of new European downstream markets, and recalls that the Galileo Regulation sets a benchmark for the involvement of small and medium-sized enterprises in European space-related industrial policy;

13. Recognises the unique contribution of space programmes which, allowing global and long-term coverage, make available important data for research into climate change, and provide the evidence base for key decisions to be taken in environment policy;

14. Recognises that space can contribute to reaching the Lisbon goals so as to fulfil the economic, educational, social and environmental ambitions of the EU and the expectations of its citizens;

15. Recognises the need for the EU to take practical steps to pursue the reduction of Europe’s dependence concerning selected critical space technologies, components and operations;

16. Considers that Europe should develop a common vision and long-term strategic planning for space exploration to play a role in international programmes (such as the Global Exploration Strategy) for human and robotic space exploration, including the possibility of a human expedition to Mars;

17. Urges that consideration be given to a possible new specific budget line for the ESP in the EU budget in order to reflect the strong commitment of the EU towards the ESP and to increase the clarity and transparency of this policy, should the provisions of the Lisbon Treaty relating to space policy enter into force;

18. Calls on the Commission and the Member States to promote investments in space-related science and technology;

19. Calls on the Commission to take the appropriate initiatives for developing the use of space for the collection and distribution of information and insists on the need to encourage technological developments in the field of surveillance and observation of space;

20. Calls on the Commission to take the necessary measures to avoid pollution of outer space;

21. Calls on the Commission to produce a study on the impact of space tourism and its necessary relevant safety, security and regulatory framework;

22. Calls on the Council and the Commission to initiate a large-scale effort of reflection on space exploration, defining a vision of what should be Europe’s position in, and resources for, future worldwide exploration endeavours; in this respect, wishes to be closely associated with the forthcoming high-level conference on exploration proposed by the Commission;

23. Stresses the value of space exploration for inspiring young Europeans to choose a career in science and technology and to strengthen research capabilities in Europe;

24. Instructs its President to forward this resolution to the Council, the Commission, the European Space Agency, the governments and parliaments of the Member States and the Secretary-General of the United Nations.

ITU: RESOLUTION 73 Information and communications technologies and climate change (Johannesburg, 2008)

November 21, 2008 at 10:38 am | In Space Law | No Comments

by P.J. Blount with the blog faculty

From the ITU:

RESOLUTION 73
Information and communications technologies and climate change
(Johannesburg, 2008)
The World Telecommunication Standardization Assembly (Johannesburg, 2008),

considering

a) that the issue of climate change is rapidly emerging as a global concern and requires global collaboration;

b) that the United Nations Intergovernmental Panel on Climate Change (IPCC) estimated that global greenhouse gas (GHG) emissions had risen by more than 70 per cent since 1970, having an effect on global warming, changing weather patterns, rising sea-levels, desertification, shrinking ice cover and other long-term effects;

c) that ITU, at the United Nations Conference on Climate Change in Bali, Indonesia, on 3-14 December 2007, highlighted the role of information and communication technologies (ICTs) as both a contributor to climate change, and an important element in tackling the challenge;

d) the work being undertaken following agreement to the Bali roadmap, and the importance of reaching international agreement on an effective post-2012 outcome;

e) the role that ICTs and ITU can play in contributing to the implementation of such an agreement;

f) the importance of promoting sustainable development and the ways in which ICTs can enable clean development;

g) the initiatives taken in some regions,

considering also

a) the ITU Telecommunication Standardization Sector (ITU-T) Technology Watch Briefing Report No. 3 (2007), which highlighted the issue of climate change and the role of ICTs;

b) in addition to the work in ITU-T, the ITU Radiocommunication Sector (ITU-R) and ITU Telecommunication Development Sector (ITU-D) initiatives in considering climate change and the role of ICTs;

c) that ITU Recommendations, which focus on energy-saving systems and applications, can play a critical role in the development of ICTs;

d) the leadership of ITU-R, in collaboration with the ITU membership, in identifying the necessary radio-frequency spectrum for climate monitoring and disaster prediction, detection and relief, including the establishment of cooperative arrangements with the World Meteorological Organization (WMO) in the field of remote-sensing applications;

e) the report entitled, “Strategy for a climate-neutral United Nations”, prepared by the Environment Management Group, and the endorsement by the Chief Executives Board (CEB) in October 2007 of the strategy committing the United Nations system to attain climate neutrality within three years;

f) the standards-development activities on ICTs and climate change by, for example, relevant ITU-T study groups in work related to ubiquitous sensor networks (USN), which allow the detection, storage, processing and integration of situational and environmental information gathered from sensor devices connected to telecommunication networks;

g) the outcomes of the Symposia on “ICTs and Climate Change”, held in Kyoto, Japan, on 15-16 April 2008, and in London, United Kingdom, on 17-18 June 2008;

h) the establishment of a Focus Group on ICTs and Climate Change by the Telecommunication Standardization Advisory Group (TSAG) at its July 2008 meeting,

noting
that, in the report of the conclusions from the Global Standards Symposium (GSS), it was recognized that the ICT industry and its members can set an example by committing to specific programmes, with objectives, that reduce overall GHG emissions (e.g., the power consumption of ICT devices) and to ensuring that the expansion of the global communications network is done in an environmentally-friendly manner, recognizing

a) that ICTs can make a substantial contribution to mitigating and adapting to the effects of climate change;

b) that ICTs play a vital role in monitoring and addressing climate change by supporting basic scientific research, which has helped to bring the issue of climate change into the public domain and to raise awareness of future challenges;

c) that a future high-bandwidth, lower-carbon information society offers a platform for economic, social and cultural development that is sustainable;

d) that the adverse effects of climate change may be uneven in their impact and may fall disproportionately on the most vulnerable countries, mainly the developing countries1, given their limited capacity to adapt;

e) that ICTs contribute approximately 2 - 2.5 per cent of GHG emissions, which may grow as ICTs become more widely available;

f) that ICTs can, however, be a major mitigating factor in efforts to moderate climate change and to limit and ultimately reduce GHG emissions through, for example, the development and introduction of energy-efficient devices, applications and networks;

g) that the use of ICTs as a key component of energy-efficient work methods could include the reduction of emissions through, for example, paperless meetings, virtual conferencing, teleworking, etc, which in turn would be beneficial in terms of reducing the need to travel,

resolves

1 to continue and further develop the ITU-T work programme initially launched in December 2007 on ICTs and climate change, as a high priority, in order to contribute to the wider global efforts to moderate climate change, as part of the United Nations processes;

2 to take into account the progress already made in the international symposia on ICTs and climate change, held in Kyoto, Japan, 15-16 April 2008 and in London, United Kingdom, 17-18 June 2008, by distributing their outcomes as widely as possible;

3 to create, within ITU-T, a repository and knowledge base on the relationships between ICTs and climate change;

4 to promote the adoption of Recommendations for enhancing the use of ICTs to serve as a potent and cross-cutting tool to measure and reduce GHG emissions across economic and social activities;

5 to increase awareness and promote information sharing on the role of ICTs in combating climate change, in particular by promoting the use of more energy-efficient1 devices and networks and more efficient working methods, as well as ICTs that can be used to replace or displace higher energy consuming technologies/uses;

6 to work towards the reductions in emissions of GHGs arising from the use of ICTs that are necessary to meet the goals of the United Nations Framework Convention on Climate Change (UNFCCC),

instructs the Telecommunication Standardization Advisory Group

1 to review the results of the Focus Group on ICTs and Climate Change and take appropriate actions in accordance with Resolution 22 of this assembly, including, for example, the identification of possible structural mechanisms and a lead study group, and to progress the work on this topic by encouraging the involvement of all ITU-T study groups;

2 to ensure that study groups carry out a review of both the appropriate existing ITU-T Recommendations and all future Recommendations to assess their implications and the application of best practices in the light of climate change;

3 to consider possible changes to working procedures in order to meet the objective of this resolution, including and extending the use of electronic working methods to reduce the climate change impact, such as paperless meetings, virtual conferencing, teleworking, etc.,

invites all ITU-T study groups
1 to develop appropriate Recommendations on climate-change issues within the mandate and competency of ITU-T, including telecommunication networks used for monitoring climate change, for example signalling and quality of service issues, taking into account any economic impact on all countries and in particular on developing countries;

2 to identify best practices and opportunities for new applications using ICTs to reduce the impact of climate change and to identify appropriate actions;

3 to commence such studies prior to the approval of the necessary Questions, taking into consideration the output of the Focus Group, in accordance with Resolution 1 of this assembly;

4 to liaise with the relevant ITU-R and ITU-D study groups and promote liaison with other standards development organizations in order to avoid duplication of work and to optimize the use of resources,

instructs the Director of the Telecommunication Standardization Bureau
1 to report on progress on the application of this resolution annually to the ITU Council and to the 2012 world telecommunication Standardization Assembly;

2 to establish a calendar of events relevant to ICTs and climate change based on proposals by TSAG and in close collaboration with the other two Sectors;

3 to organize, in close collaboration with the Directors of the Telecommunication Development (BDT) and Radiocommunication (BR) Bureaux, workshops and seminars for developing countries, to raise awareness and identify their needs in this domain, as they are the most vulnerable countries affected by climate change;

4 to report to TSAG on the progress regarding invites the Secretary-General below,

invites the Secretary-General

1 to bring the content of this resolution to the attention of the Council and invite it to study the issue of climate neutrality for all ITU activities and take appropriate actions, taking into consideration the United Nations commitment to lead by example, to achieve climate-neutral status within three years;

2 to continue to cooperate and collaborate with other entities within the United Nations in formulating future international efforts for the effective addressing of climate change,

invites Member States, Sector Members and Associates
1 to continue to contribute actively to the ITU-T work programme on ICTs and climate change;

2 to continue or initiate public and private programmes that include ICTs and climate change, giving due consideration to relevant ITU-T Recommendations and relevant work;

3 to support and contribute to the wider United Nations process on climate change, such as the United Nations Climate Change conferences in Poznan, Poland (1-12 December 2008) and Copenhagen, Denmark (30 November-11 December 2009).

TEXTE ADOPTÉ n° 204: PROJET DE LOI de finances pour 2009.

November 19, 2008 at 3:17 pm | In Space Law | No Comments

by P.J. Blount with the blog faculty

The French National Assembly adopted TEXTE ADOPTÉ n° 204: PROJET DE LOI de finances pour 2009 on November 19, 2008. The bubget bill appropriates 1,280,247,629 Euros for Space Research.

GEO-V: fifth Plenary session of the Group on Earth Observations

November 19, 2008 at 3:07 pm | In Remote Sensing Law Current Events | No Comments

by P.J. Blount with the blog faculty

GEO-V: fifth Plenary session of the Group on Earth Observations began today in Bucharest, Romania and will run through Friday.

European Parliament legislative resolution of 18 November 2008 on the proposal for a Council regulation amending Council Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR)

November 19, 2008 at 10:28 am | In Aviation Law | No Comments

by P.J. Blont with the blog faculty

The European Parliament adopted European Parliament legislative resolution of 18 November 2008 on the proposal for a Council regulation amending Council Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) on Tuesday, November 18, 2008:

European Parliament legislative resolution of 18 November 2008 on the proposal for a Council regulation amending Council Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (COM(2008)0483 – C6-0305/2008 – 2008/0159(CNS))

(Consultation procedure)

The European Parliament ,

– having regard to the Commission proposal to the Council (COM(2008)0483),

– having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0305/2008),

– having regard to Rules 51 and 43(1) of its Rules of Procedure,

– having regard to the report of the Committee on Industry, Research and Energy (A6-0439/2008),

1. Approves the Commission proposal;

2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4. Instructs its President to forward its position to the Council and Commission.

Statement at the High-Level Segment 20th Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer

November 19, 2008 at 10:15 am | In Space Law | No Comments

by P.J. Blount with the blog faculty

From Daniel A. Reifsnyder, Deputy Assistant Secretary for Environment and Sustainable Development, Statement at the High-Level Segment 20th Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer on November 19, 2008:

. . . Mr. President, two final points. The achievements I have described could not have come about without good science. We owe a significant debt of gratitude to the investments of scientists and scientific institutions worldwide for the contributions they have made and the vital insights they have brought to policy makers, enabling them to take action. In the case of my own country, I would be remiss not to highlight the efforts of the National Oceanic and Atmospheric Administration and the National Aeronautics and Space Administration. Altogether, the U.S. contribution to scientific monitoring, modeling and analysis activities since 1980 – excluding the significant additional investments in satellite hardware – exceeds $200 million. . . .

Draft Guidelines for Procurement of Professional Aerial Imagery, Photogrammetry, Lidar and Related Remote Sensor-based Geospatial Mapping Services

November 19, 2008 at 10:05 am | In Remote Sensing Law | No Comments

by P.J. Blount with the blog faculty

GeoData Policy points out that ASPRS has published Draft Guidelines for Procurement of Professional Aerial Imagery, Photogrammetry, Lidar and Related Remote Sensor-based Geospatial Mapping Services for review and comment:

Executive Summary
These Guidelines were prepared by the ASPRS Procurement Guidelines Committee, an ad hoc committee appointed by the ASPRS leadership. The Committee includes representation from the ASPRS Professional Practices Division, ASPRS members from state and federal government, the Management Association for Private Photogrammetric Surveyors (MAPPS) and the American Congress on Surveying and Mapping (ACSM). These Guidelines were formally approved by the ASPRS Board of Directors at their meeting on [TBD].

The intent of these Guidelines is to provide public agencies, researchers, private entities and other organizations with a resource that they can use as a guide to help determine the best approach and methodology for procuring photogrammetry and related remote sensorbased geospatial mapping services.

This Executive Summary highlights the key issues, considerations, recommendations and conclusions that are addressed in detail in the Guidelines document.

NASA’s Most Serious Management and Performance Challenges

November 19, 2008 at 9:55 am | In Space Law | No Comments

by P.J. Blount with the blog faculty

The NASA Inspector General has released a report titled NASA’s Most Serious Management and Performance Challenges. The challenges outlined include:

• Transitioning from the Space Shuttle to the Next Generation of Space Vehicles. Effectively planning, implementing, and monitoring transition activities while maintaining the capabilities required to fly the Space Shuttle safely and effectively.

• Managing Risk to People, Equipment, and Mission. Ensuring that effective risk management, safety, and mission assurance controls are in place to provide robust and reliable operations in the context of very challenging mission schedules and budget constraints.

• Financial Management. Ensuring that the Agency implements the appropriate processes, controls, and resources to improve NASA’s ability to efficiently provide reliable information to management; address continuing problems, such as NASA’s internal control over property, plant, and equipment (PP&E); and comply with the Chief Financial Officers Act and other Federal requirements.

• Acquisition and Contracting Processes. Ensuring that adequate requirements and cost estimates are developed, program costs are adequately managed, and the most advantageous acquisition and procurement strategies and safeguards are in place to promote competition and ensure programs and projects are within schedule and performance parameters.

•Information Technology (IT) Security. Continuing efforts to address management, operational, and technical weaknesses and to implement effective controls to protect the information and information systems vital to the Agency’s mission.

Executive Order: Transformation of the National Air Transportation System

November 18, 2008 at 11:11 am | In Aviation Law | No Comments

by P.J. Blount with the blog faculty

A new Executive Order on Air Transportation:

Executive Order: Transformation of the National Air Transportation System

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to establish and maintain a national air transportation system that meets the present and future civil aviation, homeland security, economic, environmental protection, and national defense needs of the United States, including through effective implementation of the Next Generation Air Transportation System (NextGen).

Sec. 2. Definitions. As used in this order the term “Next Generation Air Transportation System” means the system to which section 709 of the Vision 100–Century of Aviation Reauthorization Act (Public Law 108-176) (Act) refers.

Sec. 3. Functions of the Secretary of Transportation. Consistent with sections 709 and 710 of the Act and the policy set forth in section 1 of this order, the Secretary of Transportation shall:

(a) take such action within the authority of the Secretary, and recommend as appropriate to the President such action as is within the authority of the President, to implement the policy set forth in section 1 of this order and in particular to implement the NextGen in a safe, secure, timely, environmentally sound, efficient, and effective manner;

(b) convene quarterly, unless the Secretary determines that meeting less often is consistent with effective implementation of the policy set forth in section 1 of this order, the Senior Policy Committee established pursuant to section 710 of the Act (Committee);

(c) not later than 60 days after the date of this order, establish within the Department of Transportation a support staff (Staff), including employees from departments and agencies assigned pursuant to subsection 4(e) of this order, to support, as directed by the Secretary, the Secretary and the Committee in the performance of their duties relating to the policy set forth in section 1 of this order; and

(d) not later than 180 days after the date of this order, establish an advisory committee to provide advice to the Secretary and, through the Secretary, the Committee concerning the implementation of the policy set forth in section 1 of this order, including aviation-related subjects and any related performance measures specified by the Secretary, pursuant to section 710 of the Act.

Sec. 4. Functions of Other Heads of Executive Departments and Agencies. Consistent with the policy set forth in section 1 of this order:

(a) the Secretary of Defense shall assist the Secretary of Transportation by:

(i) collaborating, as appropriate, and verifying that the NextGen meets the national defense needs of the United States consistent with the policies and plans established under applicable Presidential guidance; and

(ii) furnishing, as appropriate, data streams to integrate national defense capabilities of the United States civil and military systems relating to the national air transportation system, and coordinating the development of requirements and capabilities to address tracking and other activities relating to non-cooperative aircraft in consultation with the Secretary of Homeland Security, as appropriate;

(b) the Secretary of Commerce shall:

(i) develop and make available, as appropriate, the capabilities of the Department of Commerce, including those relating to aviation weather and spectrum management, to support the NextGen; and

(ii) take appropriate account of the needs of the NextGen in the trade, commerce, and other activities of the Department of Commerce, including those relating to the development and setting of standards;

(c) the Secretary of Homeland Security shall assist the Secretary of Transportation by ensuring that:

(i) the NextGen includes the aviation-related security capabilities necessary to ensure the security of persons, property, and activities within the national air transportation system consistent with the policies and plans established under applicable Presidential guidance; and

(ii) the Department of Homeland Security shall continue to carry out all statutory and assigned responsibilities relating to aviation security, border security, and critical infrastructure protection in consultation with the Secretary of Defense, as appropriate;

(d) the Administrator of the National Aeronautics and Space Administration shall carry out the Administrator’s duties under Executive Order 13419 of December 20, 2006, in a manner consistent with that order and the policy set forth in section 1 of this order;

(e) the heads of executive departments and agencies shall provide to the Secretary of Transportation such information and assistance, including personnel and other resources for the Staff to which subsection 3(c) of this order refers, as may be necessary and appropriate to implement this order as agreed to by the heads of the departments and agencies involved; and

(f) the Director of the Office of Management and Budget may issue such instructions as may be necessary to implement subsection 5(b) of this order.

Sec. 5. Additional Functions of the Senior Policy Committee. In addition to performing the functions specified in section 710 of the Act, the Committee shall:

(a) report not less often than every 2 years to the President, through the Secretary of Transportation, on progress made and projected to implement the policy set forth in section 1 of this order, together with such recommendations including performance measures for administrative or other action as the Committee determines appropriate;

(b) review the proposals by the heads of executive departments and agencies to the Director of the Office of Management and Budget with respect to programs affecting the policy set forth in section 1 of this order, and make recommendations including performance measures thereon, through the Secretary of Transportation, to the Director; and

(c) advise the Secretary of Transportation and, through the Secretary of Transportation, the Secretaries of Defense, Commerce, and Homeland Security, and the Administrator of the National Aeronautics and Space Administration, with respect to the activities of their departments and agencies in the implementation of the policy set forth in section 1 of this order.

Sec. 6. General Provisions.

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

GEORGE W. BUSH

THE WHITE HOUSE,

November 18, 2008.

President Bush also gave a speech concerning aviation congestion and saftey:

President Bush Discusses Aviation Congestion and Transportation Safety
Department of Transportation
Washington, D.C.

Fact sheet In Focus: Transportation

9:50 A.M. EST

THE PRESIDENT: Thank you. Please be seated. Madam Secretary, thank you for the kind introduction. Thank you for the reception. I am honored to be with the men and women who work here at the U.S. Department of Transportation. I appreciate you giving me a chance to come by and visit with you today. I want to thank you very much for the great job you are doing to make sure that across America our railways and highways and airways are working to keep our citizens moving. You have done a terrific job, as far as I am concerned. The past eight years I have not seen a traffic jam — (laughter) — waited for an airplane — (laughter) — or had my bags lost. (Laughter.)

I appreciate very much the fabulous job — and I emphasize fabulous job — that the Secretary of Transportation, Mary Peters, has done and is doing for our country. And I want to thank you for your service, Madam Secretary. She has been an outstanding member of the Cabinet. She is a strong leader. I saw her leadership, as did the country, firsthand when Minnesota’s I-35 bridge collapsed. The Secretary coordinated a swift and an effective federal response. Swift was important for the people in Minneapolis. Effective is always important when it comes to reminding our citizens that the government can respond in a way that will make them proud.

I appreciate the fact that she launched a thorough review of bridge safety across our country, and worked with the Congress to get the monies necessary to rebuild that bridge. The bridge reopened months ahead of schedule — thanks in large part to the organization, determination of our Secretary and the people who work for her.

Madam Secretary, you did your job. That’s what I expected when I asked you to serve, and I really want to thank you for your service.

I’m proud to be here, as well, with the Deputy Secretary, Tom Barrett. Thank you. As well as the former Deputy Secretary, and at one time, acting Secretary, Maria Cino.

I know that a lot of folks in our country think about transportation a lot, particularly this time of year. People getting ready to move around for Thanksgiving, and with Christmas not very far behind. And a lot of our citizens are nervous about travel. They’re not nervous about their safety, but they’re nervous about what the experience will be like — the long delays, lost bags, overbooking of flights. One way to look at it is they’re saying, will traveling home for the holidays be “It’s A Wonderful Life,” or will it be “The Nightmare Before Christmas.” (Laughter.)

Our job is to make sure it is as comfortable an experience as possible. Now, obviously, the federal government can’t control all aspects of how the airlines, for example, conducts their business. We’re not in the business of managing airlines. We are in the business, however, of making it easier for airlines to do the job we expect them to do.

And so, to this end, you might remember, at Mary’s recommendations, that we — the military opened its East Coast airspace to civilian flights during the Thanksgiving holiday season. And it worked. This year, we’re going to expand what we call the “Thanksgiving Express Lanes” to areas of the Midwest, the Southwest, and the West Coast, including the skies over Phoenix and Los Angeles. In other words, we innovated last year to ease the travel; it worked, and now we’re expanding that innovation this year. We’re also working with the FAA, the TSA, and the airlines to make more staff available to speed check-in and boarding, and to help passengers affected by cancellations and delays.

We have just completed new regulations that provide increased protection for consumers. These include measures that will require airlines to provide greater compensation for lost bags, as well as tougher penalties when airlines fail to notify travelers of hidden fees. I think that’s a responsible role for government. I think it makes sense for us to, through this department, put regulation in place that stands side by side with consumers in a reasonable way.

We expect these rules to take effect in December, in time for Christmas and New Year’s. These efforts represent our commitment to making this year’s holiday travel season as smooth as possible. And, frankly, they are part of this administration’s strong record on improving air travel for American consumers.

During my time in office, or our time in office, we have put regulations in place to make airlines more accountable for the way they treat passengers. In other words, we have done this kind of regulatory regime before — notably doubling the fine airlines pay for bumping travelers off of overbooked flights. Our message is: We will hold you to account. The consumers will hold you to account, but we have a responsibility in government, as well, to help our air travelers.

This administration has signed agreements with the EU and India, Thailand and China, to increase flights between the United States and these countries. Makes it easier for Americans to travel around the globe. We have launched an unprecedented effort to reduce air congestion by boosting flight capacity at some of the busiest airports. The Department of Transportation over the past seven and a little more than three-quarters years, has completed 13 major airport improvement projects, including 11 new runways. This week three more runways will open at Seattle-Tacoma, Washington-Dulles, and Chicago-O’Hare — bringing the total to 14, which is going to help ease aviation congestion coast to coast.

And for those of you in this audience who have worked on these projects, I thank you.

The administration has taken steps to address the source of most flight delays and cancellations across the country — and that would be the heavy air traffic around New York City. To help untangle the skies over New York, we have improved our traffic control. We added a new departure route from the metro area and capped the total number of flights, providing nearly $90 million over the next eight years to upgrade taxiways at JFK. And in January, the FAA will start auctioning takeoff and landing slots at New York airports. This will increase competition for access to these airports, and we strongly believe increased competition will help lower fares to consumers.

I remember talking about this market-based approach, Madam Secretary, in the Roosevelt Room in the West Wing of the White House, and I thank you for implementing the vision.

Airlines need incentives. They need incentives to boost efficiency. And this incentive that we put out will encourage them to use larger planes out of the New York area. We believe these actions will ease our traffic jams in New York, which will help reduce flight delays all across the country.

In addition to tackling air congestion, this department has built an impressive record when it comes to travel safety. I hope you take pride in the record — department policies that helped make the past seven years the safest ever in commercial aviation. Last year on America’s roadways we saw the lowest highway fatality rate ever recorded.

Another important part of our transportation record is our work to safeguard the environment and promote energy security. The energy bill I signed last year will save fuel and cut greenhouse gas emissions by specifying a national fuel economy standard of 35 miles per gallon by 2020.

A lot of folks here in this department worked hard on this initiative, and I congratulate you for your good work. By dramatically boosting our output of clean-burning biodiesel and ethanol, providing tax credits for the purchase of low-emission hybrid vehicles, and investing in technologies like advanced batteries and hydrogen fuel cells, the department can be proud of the ways in which we have made America’s transportation system safer, cleaner, and more effective.

Yet there’s a lot more work to be done. For example, at an age when teenage drivers use GPS systems in their cars, air traffic controllers still use World War II-era radar to guide modern jumbo jets. That doesn’t seem to make any sense to me, and I know it doesn’t make sense to the Secretary and a lot of folks in this audience. Modernizing our aviation system is an urgent challenge. So today, I’m signing an executive order that makes this task a leading priority for agencies across the federal government.

Members of Congress have responsibilities. As they take up the next highway and aviation bills in the coming year, they should adhere to a few principles. They should harness the power of the free market through policies like congestion pricing, which uses the laws of supply and demand to reduce traffic on our roads and in the air. They should ensure that taxpayer funds for transportation are allocated based on the true needs of the American people, not spent on wasteful earmarks or the political demands of influential lobbies.

They should provide incentives for the private sector to develop new technologies, invest in our infrastructure, and help make our transportation system worthy of the 21st century.

Just a little advice. Of course, we all wish the American citizen to have a safe and pleasant travel — travels during this holiday season. We wish them all the best. And our citizens must know there’s some really fine people in this Department of Transportation working hard to see that goal comes true.

I want to thank you for what you’ve done. It’s been an honor to serve with you. May God bless you, and may God continue to bless the United States America. Thank you very much. (Applause.)

END 10:01 A.M. EST

Finally, a Fact Sheet was also released.

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