Aviation and Airport Development Law

March 12, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 12 Mar 2010 12:01:25 -0800

March 12, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Senate to Revive Long-Stalled FAA Bill to Modernize Air Traffic System. --- Dave Michaels, The Dallas Morning News, February 24, 2010
The Senate will soon bring up the long-stalled Federal Aviation Administration reauthorization bill. The bill would create thousands of jobs and is additionally loaded with elements that affect the oversight of airlines, background checks for pilots, and protections for passengers stranded on tarmacs. It also contains a provision that would require air-traffic system modernization by 2018, instead of the previous target date of 2025.
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St. George Secures Airport Marketing Grant. --- The Spectrum, March 5, 2010
The Federal Aviation Administration has awarded a $100,000 grant to St. George City in Utah for its St. George Airport. The funds will pay for materials and travel dedicated to the effort of attracting a second airline to the airport, which is expected to open with only SkyWest as the sole provider. A recent study shows that only 19 percent of prospective Southern Utah fliers opt for St. George Airport, however, with more than two-thirds heading to Las Vegas.
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Rochester International Airport Receives $407,866 Federal Grant. --- Matt Russell, The Post-Bulletin, March 5, 2010
Rochester International Airport is one of 16 airports in Minnesota to receive funding for maintenance and construction projects. The money will be used for resurfacing work on a taxiway, to purchase additional equipment for an airport fire truck, and to go toward an improved airport de-icing area to better handle storm water runoff. The 16 airports received a total of $5 million in grants from the Federal Aviation Administration Airport Improvement Program.
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Miller, Airport Counsel at Odds. --- Ted Jackovics, Tampa Tribune, March 6, 2010
Tampa International Airport Director Louis Miller yelled at an airport lawyer for making recommendations about doing business in public. Mr. Miller’s last day as director was Thursday, March 4, after 14 years as head of Tampa International. The past three months have seen “contentious public exchanges” between Miller and new members of the aviation authority board, including issues about how the airport conducted requests for zoning variances for buildings that could affect flight operations and whether staff reviews for airport project bids were given proper public notice.
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Gary Airport Gets $5 Million Federal Grant to Extend Runway. --- Chicago Sun-Times, March 6, 2010
Gary/Chicago International Airport in Illinois received its fifth installment of federal funding to support airport expansion efforts in a $5 million grant to go toward the airport’s runway-extension project. The project will expand the airport’s runway from 7,000 to 8,000 feet, and is part of Gary Airport’s continuing effort to become a third option for local travelers.
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9 Maine Airports Receive FAA Grants. --- Associated Press, March 6, 2010
Nine Maine airports will receive over $4.5 million in federal grants from the Federal Aviation Administration, with Bangor International Airport to receive the biggest amount--$2.5 million–to make improvements to its cargo apron. For the other airports the money will go toward snow-removal equipment, construction, weather-reporting equipment and planning.
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FAA Meets With Driggs City Officials and Airport Users. --- Mike Polhamus, The Kathryn Report, March 6, 2010
Federal Aviation Administration representatives met with Driggs, Idaho city staff, airport board members, and airport users to ask their help in drafting a new nationwide through-the-fence policy. The agency’s current through-the-fence policy led the city last year to withdraw permission from several local subdivisions that would have allowed homes built with aircraft hangars and runway access, resulting in at least one lawsuit against the city. The local attendees’ comments at the meeting concerned what they felt was an unfair FAA policy disallowing airport access to residences, and they also feel that the policy was adopted in a way that punished small, exemplary airports like Driggs-Reed Memorial for the mistakes of others.
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FedEx Ally Blocks Aviation Measure in Fight with UPS. --- John Hughes, BusinessWeek, March 6, 2010
Senator Bob Corker from FedEx Corp’s home state of Tennessee said he will block legislation funding the Federal Aviation Administration because a provision may be added later that would make it easier for workers at the company to join unions; his action extends a years-long fight in Washington between the mostly non-union FedEx and its unionized rival UPS. Lawmakers can overcome objections from individual lawmakers with 60 votes, but that process can take several days.
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Corker and Alexander Place Hold on Aviation Funding Bill to Prevent FedEx Drivers From Unionizing. --- Pat Garofalo, Think Progress, March 8, 2010
Senators Bob Corker and Lamar Alexander, both of Tennessee, have expressed disapproval of the controversial FedEx provision over how workers at both companies should be treated under U.S. labor laws. Corker, Alexander, and FedEx characterize the change as “singling out” FedEx, but it would instead be leveling the playing field between FedEx and other shipping companies when it comes to unionizing. A UPS spokesman said the change should be made because all drivers in the country doing the same job should be treated by the same law.
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Corker Catches Heat for Hold on FAA Reauthorization Bill. --- Bartholomew Sullivan, The Commercial Appeal, March 10, 2010
Families of victims of last year’s plane crash near Buffalo, New York are blaming Senator Bob Corker’s intervention on behalf of FedEx for a potential delay in passing higher safety standards in the Federal Aviation Administration reauthorization bill currently before the Senate. Senator Corker has placed a hold on the bill until he can be assured that the controversial FedEx provision will not be included in the final legislation. A House version of the bill contains some higher pilot training standards, and the families criticized Senator Corker for using “a political move for a large corporation” at the expense of public safety.
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U.S. Senator Bob Corker Releases Hold on Controversial FAA Reauthorization Act. --- Bartholomew Sullivan, The Commercial Appeal, March 10, 2010
Tennessee Senator Bob Corker released his hold on the Federal Aviation Administration reauthorization bill since it appeared that the FedEx provision, which would make it easier for FedEx employees to unionize, would not be included in the final Senate legislation. A spokesman for Representative James Oberstar of Minnesota, the “champion” of the language to which FedEx objects, said he is not aware of any deal that would remove the provision from future consideration and said Mr. Oberstar would not give up that easily.
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Flight Attendants Union Wants Combat Training. --- Hugo Martin, Los Angeles Times, March 6, 2010
The Association of Flight Attendants has been lobbying Congress for the last month or so to adopt its strategy for stronger counter-terrorism measures, hoping that lawmakers will include money to put some of their ideas into action under the upcoming Federal Aviation Administration reauthorization bill. The group wants to implement a four-point plan: institute mandatory hand-to-hand combat training for all crew members, equip flight attendants with portable communications devices so they can speak to the pilots during emergencies, standardize the size of carry-on luggage so flight attendants can look for suspicious passengers instead of struggling with oversize bags, and shut down onboard wireless Internet during high-threat periods to prevent terrorists from communicating with collaborators on the ground. A representative for the association said it has not come up with a price tag for the changes and is not seeking raises for flight attendants as part of the deal, but instead just wants “more tools to make the plane safer.”
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DOT Fines US Airways for Violation of Price Advertising Rules. --- Department of Transportation, March 8, 2010
The U.S. Department of Transportation assessed a $40,000 civil penalty against US Airways for violating rules that require airline price advertisements to disclose the full price consumers must pay for air transportation. The Department’s Aviation Enforcement Office found that when consumers searched the carrier’s website for one-way flights sorted by schedule, US Airways provided a set of fares that did not include additional applicable taxes and fees, or any notice on that page that these additional charges would be required. The DOT’s requirements for Internet advertising displays state that the full fare must either be listed on the first screen that provides fare quotes, or the existence of additional government-imposed per-passenger charges must be prominently disclosed with a hyperlink that takes consumers to a page that describes the additional charges.
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JetBlue, Delta Ask Exemptions from DOT Tarmac Rule. --- Samantha Bomkamp, Associated Press, March 9, 2010
JetBlue and Delta want temporary exemptions from a new government rule that limits the amount of time passengers can be held on the tarmac, saying delays caused by the closure of the main runway at New York’s JFK Airport could cost them millions in fines. The Department of Transportation’s new rule goes into effect April 29, and orders airlines to let passengers off planes delayed for three hours or face hefty fines. JetBlue and Delta are the biggest operators at JFK, an airport that was among the worst in the nation for delays last year.
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Latest NextGen Implementation Plan. --- Federal Aviation Administration, March 2010
The Federal Aviation Administration has released its Implementation Plan for the Next Generation Air Transportation System (NextGen). The Plan lays out the agency’s vision for the NextGen system now and into the mid-term, which is defined as 2012-2018, and further identifies the goals the agency has set for technology and program deployment and the commitments it has made in support of that vision.
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FAA Air Traffic Forecast Predicts More Crowding, Smaller Fare Hikes. --- Jon Hilkevitch, Chicago Tribune, March 9, 2010
The Federal Aviation Administration said passengers on U.S. airlines will pay relatively small increases in airfares over the next 20 years, but should expect more flights crowding the nation’s busiest airports. The FAA also said it will now take until 2023 for there to be more than 1 billion passengers traveling by air in a year, modest annual growth from the 704 million passengers carried in 2009 by U.S. airlines.
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Weak US Airline Travel Eases Pressure on FAA. --- Reuters, March 9, 2010
Federal Aviation Administration officials said ongoing efforts by airlines to cut seats and flights will ease pressure on the U.S. air traffic system in 2010, forecasting a 2.2 percent annual decline in takeoffs and landings by mainline and regional airlines this year. Airlines are flying fuller and larger planes to control costs and improve pricing power on fares, and there are few new orders for planes with most orders going to replace planes, not expand operations.
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Forecast Links Aviation Activity and National Economic Growth. --- Federal Aviation Administration, March 9, 2010
The Federal Aviation Administration is forecasting that key airspace safety and efficiency modernization efforts will play a vital role in spurring long-term sustained growth in air travel and the nation’s overall economic health, underscoring the need for the Next Generation Air Transport System and continued investment in airport infrastructure projects.
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FAA Forecast Fact Sheet. --- Federal Aviation Administration, March 9, 2010
The Federal Aviation Administration released a fact sheet with a summary of 2009 economic activity and air travel.
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Horizon Air CEO Weighs In On Whether Wholly-Owned Regionals are Safer. --- The Cranky Flier, March 9, 2010
The CEO of Horizon Air, a wholly-owned regional for Alaska Airlines, said that ownership structure of a regional airline is not directly correlated to safety, but Horizon’s structure and relationship with Alaska Airlines has advantaged the small carrier. Having a common board and single chairman consistently committed to safety has helped in the implementation of structural changes and investments in safety. It is important to note that a major carrier with a strong safety culture would benefit the wholly-owned regional, but that doesn’t mean an independent regional could not have a strong safety culture. Furthermore, a regional that is wholly owned by an airline with a poor safety culture could be negatively impacted.
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Airline On-Time Performance Improves in January. --- Department of Transportation, March 9, 2010
The nation’s largest airlines had a higher on-time performance rate this past January than in both January 2009 and December 2009. The carriers also posted a mishandled baggage rate that was lower than both January 2009 and December 2009's rate.
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U.S. Weighs Aiding Airlines With Air Traffic Upgrades. --- John Crawley, Reuters, March 9, 2010
The White House is looking into helping U.S. airlines meet the costs of modernizing the air traffic control system. Carriers are unhappy with being left out of the U.S. economic stimulus package in 2009, and do not want to be saddled with the bulk of the planned multibillion-dollar upgrade of the air traffic system to one relying on satellites rather than ground-based radar. Airline executives believe the government should cover the basic costs to airlines of air traffic infrastructure, claiming it is in the national interest to maintain a seamless system for air travel.
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Aircraft Icing Danger Remains Unaddressed by Aviation. --- All Things Aviation, March 10, 2010
Aircraft icing has been a top priority for the National Transportation Safety Board since 1997, but it is difficult to understand why the Federal Aviation Administration has taken such a long time to analyze, evaluate, create, and implement solutions that the NTSB has seen as crucial to saving lives and improving flight safety for travelers and pilots.
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Air Traffic Modernization on Congress’ Radar But Funding Isn’t. --- Dave Michaels, The Dallas Morning News, March 10, 2010
The Senate is finally considering the long-stalled Federal Aviation Administration reauthorization bill that would speed the modernization of the air traffic system, but the bill does not resolve who must pay for the technology. The Senate bill mandates that aircraft owners buy the equipment, but does not give them the funding to pay for it. Airlines and private jet owners want taxpayers to fund the gear that would let them benefit from an upgrade to satellite-based navigation.

Crapo, Risch Offer Boise TRACON Amendment to FAA Reauthorization Bill. --- Joe Estrella, Idaho Statesman, March 10, 2010
Senators Mike Crapo and Jim Risch of Idaho have offered an amendment to the Federal Aviation Administration reauthorization bill that would specifically prohibit moving the Boise air traffic control system to Salt Lake City until the Air Traffic Modernization Oversight Board completes its review of the agency’s plans for similar moves nationwide. The FAA has been trying to move the Boise TRACON to Salt Lake City since 2006, asserting that it would save taxpayers $24 million over 25 years.
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Runway Expansion Project Heads into Holding Pattern, to Neighbors’ Relief. --- Jennifer Sorentrue, Palm Beach Post, March 11, 2010
After three years of federal environmental impact study, Palm Beach International Airport managers now say they don’t need a second runway capable of accommodating commercial jets and the plan to build a new commercial runway at the airport has been put on hold indefinitely because of a drop in air traffic. In 2004 more than 199,000 planes flew in and out of PBIA, but last year that number fell to 138,370, and the Federal Aviation Administration’s long-range projections for the airport show the number of take-offs and landings in 2019 will be just over 165,000. The airport will not begin the runway project until more analysis is completed and the need is justified.
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FAA Ordered to Pay Air Carrier More Than $121,000 for Attorney Fees and Expenses. --- Airline News Resource, March 11, 2010
The National Transportation Safety Board has ordered the Federal Aviation Administration to pay more than $121,000 in attorney fees and expenses to Air Trek, Inc., a Florida-based air ambulance operator. The FAA issued an emergency order revoking Air Trek’s air carrier certificate on June 10, 2008, and following a nine-day hearing, an Administrative Law Judge modified the sanction from revocation to suspension, while by the fourth day of the hearing, the FAA attorney withdrew half of the charges leveled against Air Trek without explanation. The Administrative Law Judge accordingly found that the FAA proceeded “without substantial justification” and lacked the evidence to sustain its burden of proof.
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Senate Seeks to Boost Regional Airline Safety. --- Joan Lowy, Associated Press, March 11, 2010
The Senate is pushing to strengthen pilot training and hiring requirements in the Federal Aviation Administration reauthorization bill currently being considered. The bill would require airlines to look at all of a pilot’s records and require the FAA to beef up airlines’ pilot training programs, as well as mandate that the FAA administrator must perform surprise inspections of regional airlines at least once a year. These provisions are being pushed for in an effort to improve the safety of regional airlines, a problem exposed after last year’s air crash near Buffalo, New York that killed 50 people.
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Tompkins Airport Receives $336,300 FAA Grant. --- Ithaca Journal, March 11, 2010
Ithaca-Tompkins Regional Airport in New York has received a $336,300 grant from the Federal Aviation Administration to expand the general aviation apron and install obstruction light towers. In 2009 the airport had a 30 percent increase in boardings over 2008.
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Guam Airport Gets $7.7 Million in Federal Grants. --- PacificNewsCenter, March 12, 2010
The Guam International Airport Authority has been awarded three separate grants totaling more than $7.7 million. The funds from the Federal Aviation Administration will be used for the design and extension of runway 06L/24R, and for the relocation and installation of a new precision instrument land system on that runway. The extension of the runway will allow Guam International Airport to accommodate larger and more long-range aircraft.
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Airport Authority Seeks Grant to Update Bird-Strike Defense. --- Ed Marcum, Knoxvillebiz.com, March 11, 2010
The Metropolitan Knoxville Airport Authority of Tennessee has voted to seek a federal grant to reduce the threat from birds to aircraft using McGhee Tyson Airport. The Airport Authority will apply for a $105,000 Federal Aviation Administration grant, which would allow the Authority to have a wildlife biologist do an assessment of what bird species are in the area of the airport, whether the species are likely to pose a problem, whether there have been any changes in natural habitats that could lead to problems and other issues, and then make recommendations on reducing hazards.
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ColumbiaCountyAirport Gets Federal Grant for Equipment Upgrades. --- Mid-Hudson News Network, March 12, 2010
Columbia County Airport in New York has received a $589,000 grant from the Department of Transportation and Federal Aviation Administration funding. The grant will pay for the installation of weather reporting equipment and to rehabilitate the south apron at the airport.
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U.S. Senator Grassley: Nearly $7 Million to Iowa Airports. --- IowaPolitics.com, March 11, 2010
Senator Chuck Grassley of Iowa announced Thursday, March 11 that the Federal Aviation Administration has awarded five grants totaling nearly $7 million to Iowa airports. The funds will facilitate various airport improvement projects, like the rehabilitation of a runway at The Eastern Iowa Airport.
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Chicago Executive Airports Noise Exposure Map Approval and Noise Compatibility Program Review. --- Federal Register, March 12, 2010
The Federal Aviation Administration announced its determination that the noise exposure maps submitted by the Chicago Executive Airport Board of Directors for Chicago Executive Airport are in compliance with applicable requirements. The FAA also announced that it is reviewing a proposed noise compatibility program that was submitted for Chicago Executive Airport, and that the program will be approved or disapproved on or before October 1, 2010.
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March 5, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 05 Mar 2010 14:47:37 -0800

March 5, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Senate to Revive Long-Stalled FAA Bill to Modernize Air Traffic System. --- Dave Michaels, The Dallas Morning News, February 24, 2010
The Senate will soon bring up the long-stalled Federal Aviation Administration reauthorization bill. The bill would create thousands of jobs and is additionally loaded with elements that affect the oversight of airlines, background checks for pilots, and protections for passengers stranded on tarmacs. It also contains a provision that would require air-traffic system modernization by 2018, instead of the previous target date of 2025.
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Flight Attendant Leaders Push for Progress on FAA Reauthorization. --- PRNewswire, February 26, 2010
Leaders from the Association of Flight Attendants and the Association of Professional Flight Attendants met with the offices of several Senators to promote moving forward with the Federal Aviation Administration reauthorization bill, which includes many key provisions for flight attendants. The bill includes fatigue study information and workplace safety and health protections, cabin air quality provisions that would identify the equipment and technologies available to detect and filter highly toxic contaminants in the air supply, English language standards for flight attendants, and a “Return to the Cabin” program that would allow flight attendants an opportunity for rehabilitation after testing positive for drug or alcohol abuse.
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AAAE Urges Airport Provisions in FAA Bill. --- Aviation News Today, February 26, 2010
The American Association of Airport Executives is calling on Senate leaders to endorse a number of airport-related provisions in the upcoming Federal Aviation Administration reauthorization bill. The provisions would enhance aviation safety, increase capacity, improve small community air service, and save or create much-needed jobs.
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Runway Improvements Planned for PalomarAirport. --- SanDiego6.com, February 24, 2010
McClellan-Palomar Airport in Carlsbad, California will close alternating weeks starting April 25, when work will begin to replace the 5,000-foot-long runway. Testing found that the supporting soils under the existing runway and the pavement surface are deteriorating. The $7.9 million cost of the project will be covered by Federal Aviation Administration funds.
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Airport Leaders Describe Plan to Allow For More Private Jets. --- Stephen Baxter, Community Neighborhoods, February 24, 2010
Airport officials at Mineta San Jose International Airport in California plan to ask the San Jose City Council to change the airport’s master plan and allow for the transformation of more space for private jets. Residents who live near the flight path express concern about noise, but private planes are often quieter than commercial jets, and certain loud activities could be restricted to specific operating hours.
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Somerset Windmills Would Not be Aviation Hazard, Feds Say. --- Don Hopey, Pittsburgh Post-Gazette, February 25, 2010
The Federal Aviation Administration issued a “determination of no hazard” January 21, 2010 for the proposed Gamesa Energy USA wind energy project that would put 30 windmills atop an ecologically sensitive ridge on Shaffer Mountain in Somerset County, Pennsylvania. Studies found the structures would not exceed obstruction standards or adversely impact air space and flight routes above the ridge. Local groups oppose the project because its proposed location places it in the watershed of two of the state’s highest quality native trout streams and on a major bat and bird migratory route.
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FAA Approves Wind Farm. --- Kathy Mellott, The Tribune-Democrat, February 25, 2010
Two months after voicing concerns that the proposed Shaffer Mountain Wind Farm would potentially create problems for local airports, the Federal Aviation Administration is giving its OK to the project. The only conditions set forth by the agency are that the proposed turbines must be marked and lit in accordance with FAA requirements, including white paint and synchronized red lights. The project has been delayed at the state level as the Gamesa, the energy company behind the plans, is seeking approval from the Department of Environmental Protection for a National Pollution Discharge Elimination System permit. Ray Jennings, manager of nearby single-runway Bedford County Airport, is also frustrated because he says the location of some of the turbines could force aircraft taking off from the airport to fly 400 to 500 feet higher than at present.
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U.S. Airline Pilots Skipping Sleep Targeted in FAA Data Search. --- John Hughes, Bloomberg, February 25, 2010
After last year’s plane crash near Buffalo, New York raised fatigue concerns, the Federal Aviation Administration will ask carriers to examine voluntary safety reports by flight crews to see how often pilots skip sleep the night before a flight. The agency has already asked the industry to restrict pilot commutes, because the risk of fatigue may be boosted by major carriers’ increasing use of regional jets with low-paid pilots who can’t afford motel rooms.
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AOPA: Why the User Fees Battle Isn’t Over. --- Glenn Pew, AVweb, February 25, 2010
The Aircraft Owners and Pilots Association says the user fees battle isn’t over, because the country’s fiscal woes and the Federal Aviation Administration’s shrinking general fund could lead legislators to seek alternate forms of funding, like user fees. The FAA reauthorization bill has not made it past the Senate, either, and user fees could be incorporated into that bill or through other legislative means.
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Airport to Seek Appropriation for Terminal. --- David Still, The Barnstable Patriot, February 26, 2010
Barnstable Airport in Massachusetts hopes to see its over-$21 million appropriation order for a new terminal on the docket for its March 4 meeting with the Barnstable Town Council. Airport Manager Bud Breault says the airport can show completion or progress on each of the 19 conditions placed by the town council in September 2007 that had to be satisfied before any funding request would be recommended. The Barnstable Municipal Airport Commission is planning to cover the cost through expected state funds, airport reserve money, a town-backed general obligation bond, and stimulus funds, and even has surplus land that it could sell if necessary.
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Expiration of Funds Leads to Rush on Runway. --- Christine Cullen, OceanCity Today, February 26, 2010
Ocean City in Maryland is rushing to reconfigure a runway at Ocean City Municipal Airport, to prevent losing $2.8 million from an account dedicated to airport improvements. The city will have to remit that money to the federal treasury if it is not used by December 2011.
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Court Rules Against Long-Term Protection of Aircraft Tail Numbers. --- Mike Mitchell, AvStop.com, February 28, 2010
A United States District Court judge has ruled that a list of private aircraft, whose aircraft tail numbers are blocked from the public view, must be released under the Freedom of Information Act. The National Business Aviation Association sued the Federal Aviation Administration to prevent it from releasing a blocked list to ProPublica, Inc., an independent, nonprofit organization that produces investigative journalism in the public interest. Anyone can go to the FAA website and look up an aircraft registration, but there are a select few who wish to keep their aircraft tail numbers anonymous, like corporations.
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Court Upholds Release of Corporate Jets List Sought by ProPublica. --- Michael Grabell, Herald de Paris, February 27, 2010
ProPublica will be able to obtain a list of which companies have been seeking to block their planes after a federal district judge ruled that the list should be made available under the Freedom of Information Act. Companies sometimes request that their flights and tail numbers be kept secret to protect the security of their executives and to prevent disclosure of business trips that could affect stock prices or give competitors an edge about potential deals. ProPublica has been seeking the list ever since the CEOs of the “Big 3" automakers flew to Washington, D.C. on corporate jets to ask Congress for financial help.
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Aviation Industry Jobs Entail More than Just Airlines. --- Nathan Phelps, The Northwestern, February 28, 2010
One of the biggest misconceptions about the aviation industry is that everyone must work for an airline. The industry extends well beyond the cockpit and hands-on jobs with aircraft to a number of other specialties like human resources, accounting, information systems, and marketing. The aviation industry is a business, and a compelling one at that, accounting for more than $1.2 trillion in economic activity in the U.S. in 2008, as well as being a much “bigger world” than just becoming a pilot or just working for an airline.
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Dassault Falcon Jet Joins EPA Partnership, Pledges Mercury and Lead Reduction. --- Environmental Protection Agency, March 1, 2010
Dassault Falcon Jet has partnered with the Environmental Protection Agency National Partnership for Environmental Priorities to set goals to eliminate mercury containing devices throughout its Completion and Service operations. The company is also in the process of identifying a viable replacement for lead plate utilized as ballast during initial “ferry” flight operations of Falcon business jets between France and the U.S. The NPEP is a voluntary program with 266 members from private and public organizations committed to the reduction, reuse, or recycling of 31 priority chemicals, long-lasting substances that can build up in the food chain and cause harm to humans and the environment.
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D.C. Circuit Court of Appeals Sends Pasternack v. NTSB and FAA Back to Agency. --- Leagle, February 26, 2010
The D.C. Circuit Court of Appeals granted Fred Pasternack’s petition and remanded it to the National Transportation Safety Board for further proceedings. The Federal Aviation Administration revoked Mr. Pasternack’s airman certificates because he refused to take a mandatory drug test, and the NTSB upheld the revocation order, but the Court vacated the Board’s decision on the ground that a key finding on which the Board relied was not supported by substantial evidence.
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Taxes and Fees Grow for Air Travelers. --- Susan Stellin, The New York Times, March 1, 2010
Governments are increasingly turning to travelers to raise revenue in lean times, and there is little oversight over how the money is spent. Taxes and fees are small individually but can add up to a significant share of the price of a ticket. Carriers have been lobbying against proposals to increase these fees, but international travelers will likely feel the pinch most as governments around the world have increased passenger fees to pay for security, airport improvements, customs inspections, tourism promotions, and environmental concerns.
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TradeWind Energy Approved to Install 100-Meter Met Tower in Indiana. --- North American Windpower, March 2, 2010
Kentucky-based TradeWind Energy has received approval from local authorities to build a 100-meter meteorological tower in Pleasant Township, Indiana. The tower would be the fourth such tower erected by the project developer at project sites under development in the Midwest. Because of its height, however, it will require a Federal Aviation Administration permit.
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Hartsfield Airspace Plan Adjusted, More Changes Possible. --- April Hunt, The Atlanta Journal-Constitution, March 2, 2010
The Federal Aviation Administration adjusted its proposal for how planes come in and out of Hartsfield-Jackson International Airport in Atlanta, Georgia, by changing the airspace above nearby Covington Municipal Airport. The proposed change removes the airspace above the Covington Airport from its Class B proposal, meaning an aircraft flying in and out of that airport would not be required to contact air traffic control. The change comes after concerns that pilots would abandon Covington because of the new restrictions, but the region’s smaller airports will be impacted with their planes being forced to fly lower and for longer.
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Wind Farm Proposed for PoorMountain in RoanokeCounty. --- WDBJ7.com, March 2, 2010
Invenergy, a private company, announced that it wants to build an electricity-generating wind farm on Poor Mountain in Roanoke County, Virginia. The project would set 15 turbines on about 2,000 acres of land and produce enough electricity to power approximately 8,000 households. The company says it will begin the permitting process soon by filing a hazard evaluation report with the Federal Aviation Administration, and the project will also have to be cleared by the State Corporation Commission and Roanoke County.
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Senator Grassley Announces FAA Grant for Sioux Gateway. --- Lynn Zerschling, Sioux City Journal, March 2, 2010
Senator Charles Grassley of Iowa announced that Sioux Gateway Airport will receive nearly $395,000 from the Federal Aviation Administration to help pay to install guidance signs, which will improve safety and efficiency of the airport. Sioux Gateway is one of six Iowa airports to be awarded $2.32 million in federal funds.
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South Bend, LaPorte Airports Among Federal Grant Recipients. --- South Bend Tribune, March 2, 2010
Seven Indiana airports, including South Bend Regional Airport, LaPorte Municipal Airport, and Starke County Airport, will receive Federal Aviation Administration grants totaling over $5 million.
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FAA Plans to Move Radar From WillardAirport in 2014. --- Michael Maione, Daily Illini, March 3, 2010
The Federal Aviation Administration plans to move the radar control rooms in the air traffic control tower at Willard Airport in Champaign, Illinois to its facilities in Elgin, Illinois, by 2014. The FAA cited the need for an updated tower as the impetus as the change, and said that putting the radar in one centralized location can save taxpayer money. The air traffic controllers union, the National Air Traffic Controllers Association, and even pilots have presented objections or concerns about the plan.
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Kid Directs Traffic at NY’s JFK Airport. --- CBS News, March 3, 2010
The Federal Aviation Administration is investigating how a child was allowed to direct air traffic at New York’s John F. Kennedy International Airport. The first incident being investigated occurred February 16, when a boy was allowed to make at least five transmissions to commercial jets. The same air traffic controller also brought a different child, presumably his own, into the tower the following night.
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AA Flight Attendant Talks Continue Around the Clock. --- Scott Friedman, NBC DallasFort Worth, March 3, 2010
The union that represents American Airlines flight attendants continued around-the-clock meetings with airline management and federal mediators in Washington, D.C., on Wednesday, the last day of scheduled negotiations. If an agreement is not reached this week, the union has said it may ask to be released from federal mediation, a move that would trigger a 30-day cooling-off period and could lead to a strike.
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AA, Flight Attendants End Talks With No Deal, Talk of Strike. --- Scott Gordon and Scott Friedman, NBC DallasFort Worth, March 4, 2010
Leaders of the Association of Professional Flight Attendants accused American Airlines of “walking out” of the contract negotiations talks in Washington on Wednesday and said they would discuss setting a strike vote this weekend. Airline managers countered that they did not walk out of the talks and concluded them at the end of business on Wednesday as scheduled, and said the airline looks forward to continuing to bargain when the federal mediators establish the next round of dates. The union announced that it would seek to be released from mediation.
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FAA Tells Dartmouth to Lower Height of South Turbine by 5 Feet. --- Curt Brown, SouthCoast Today, March 5, 2010
The Federal Aviation Administration has ordered the town of Dartmouth, Massachusetts to lower the height of its 462-foot south turbine by 5 feet, saying its proposed height presents a hazard to aviation at New Bedford Regional Airport. The agency said the maximum allowable height for the south turbine is 457 feet, and in an earlier decision found the town’s planned north turbine was also a hazard to aviation and set its tallest allowable height at 417 feet. The chairman of the town’s Alternative Energy Committee said the town’s engineers will conduct ground surveys and file new applications with the FAA for both the north and south turbines.
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February 26, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 26 Feb 2010 12:28:49 -0800

February 26, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Watchdog Finds Aircraft Maintenance Problems at American Airlines, Calls FAA Oversight Weak. --- Joan Lowy, Associated Press, February 18, 2010
According to a report released Thursday by the Department of Transportation’s Office of Inspector General, the Federal Aviation Administration’s lax oversight of aircraft maintenance at American Airlines raises concerns about the agency’s ability to regulate aircraft maintenance in general. At least four maintenance-related allegations made two years ago have “potential safety implications,” and despite a significant increase in maintenance problems at American, the FAA did little to address the issues. The report questions the FAA’s effectiveness and notes that the FAA only ever took action after the department had briefed agency officials on the need for them.
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FAA: Body Falls From Miami-Bound Airplane. --- The Denver Channel, February 18, 2010
A person’s body fell from a wheel well of an airplane leaving the Dominican Republic for Miami on Thursday, February 18. The body was recovered in the Dominican Republic.
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State Statistics on General Aviation Pilots, Aircraft, Airports. --- Scripps Howard News Service, February 18, 2010
The Scripps Howard News Service, drawing on information from the Federal Aviation Administration and other sources, has released state-by-state statistics on total general aviation pilots, aircraft, and public and private airports.
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FAA Rules Wouldn’t Stop IRS Attack. --- Des Moines News, February 18, 2010
Despite a “huge compilation” of rules and regulations, the Federal Aviation Administration could not have prevented the incident on Thursday, February 18, in which a man flew a small plane into an Austin, Texas Internal Revenue Service building. The regulations are designed to protect people in the skies and on the ground, but could not have stopped the pilot from intentionally flying into the building. The FAA attempts to prevent situations like the February 17 incident from occurring by requiring every pilot to have regular flight physicals and requiring pilots to be in contact with a control tower before takeoff and later with air traffic control, as well as mandating minimum distances that pilots must stay away from the ground.
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Keeping Watch Over Private Planes Difficult. --- Ben Wear, American-Statesman, February 19, 2010
Federal agencies regularly make attempts to monitor general aviation pilots and planes, particularly after 9/11, with various pilot requirements and background checks, but none of that would likely have made a difference in stopping Andrew Joseph Stack III and the Piper Cherokee plane he is suspected of purposely flying into an office building on Thursday, February 18. Little can be done about a “deranged” person who wants to do damage, and even if Stack had been required to file a flight plan and thereby trigger some scrutiny by air traffic controllers, nothing would have prevented him from veering off path and hitting his target. Jay Carpenter, former president of the Texas Aviation Association, also noted that Stack chose possibly the “least-effective” weapon he could have used, pointing to the relatively light weight of most private aircraft, including Stack’s plane, and the relatively low number of people killed and hurt.
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FAA, Los Angeles Clash Over Airport. --- Andy Pasztor, The Wall Street Journal, February 19, 2010
The Federal Aviation Administration wants Los Angeles International Airport to reconfigure its two northern runways to prevent airliners from blundering onto the wrong strip, but a recent report commissioned by the city from outside experts determined that it was not necessary to relocate one of the runways. The FAA maintains that increasing the distance between the runways is the surest way to reduce the likelihood of planes mistakenly rolling into the path of other aircraft, a significant issue at LAX, which led major U.S. airports in serious near-collisions on the ground. Los Angeles Mayor Antonio Villaraigosa and airport leaders balk at what would be a roughly $500 million project, and such construction plans would also face neighborhood opposition.
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NASA Study: LAX’s North Runways are Safe. --- Associated Press, February 19, 2010
A NASA study finds that chances of a collision are so low that a project to reconfigure two runways at Los Angeles International Airport would only marginally increase safety. In response, the Federal Aviation Administration contends that conclusions that the north airfield is “safe enough now” are not an argument against doing everything possible to make it safer. City Mayor Antonio Villaraigosa says that barring other findings that would indicate safety issues, the city will not move the runway.
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Redefining Safety at LAX. --- The Los Angeles Times, February 22, 2010
The recent NASA study finding that a runway relocation project would not be worth the cost, despite Federal Aviation Administration concerns about the runways’ design flaws, should not be the last word on improvements at Los Angeles International Airport. Although the study convincingly assessed that the risk of a deadly accident at the north airfield is very low, it also found that adding 100 feet of separation between the runways would reduce the risk of fatal collisions by 40%, while adding 340 feet would lower the risk by 55%--with the FAA and airlines putting up the $500 million needed for the project, it could be worthwhile.
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GE Faces $1.2 Million Fine for Jet-Engine Repair Procedures. --- Angela Greiling Keane, Associated Press, February 19, 2010
The Federal Aviation Administration has proposed a $1.2 million fine against General Electric’s GE Caledonian unit for “improper” aircraft-engine maintenance procedures at a repair station in Scotland. The agency said that GE used a procedure to remove parts from engine mounts that deviated from the process outlined by the manufacturer’s manual.
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FAA Proposes to More Icing Regulations for Part 121. --- Aviation News, February 20, 2010
The Federal Aviation Administration is proposing additional standards for Title 14 Code of Federal Regulations Part 121 that would require either the installation of ice detection equipment or changes to the flight manual to ensure timely activation of the airframe ice protection system. The new rules are intended to stop accidents when the flight crew is unaware of the ice.
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Small Airports Play Crucial Role in Aviation Security. --- Ted Strong and Chase Purdy, Daily Progress, February 20, 2010
Regional airports have a less visible but not less essential role in aviation security, because people who board planes at regional airports can work their way to any major airport in the country, and from there can board an aircraft without confronting another checkpoint. Steve Elson, a former Federal Aviation Administration counterterrorism team member said security weaknesses are consistent at airports large and small, and charged the Transportation Security Administration’s “thick bureaucracy” with preventing simple, necessary changes from taking place. Elson praises small airports, however, for their efficiency, because smaller airports allow for more hands-on security since the level of technology at such airports is usually low compared with the equipment found at international airports.
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8 Jobs Lost as FAA Unit Consolidates. --- Rome Sentinel, February 22, 2010
The Federal Aviation Administration is consolidating the radar approach control center at Griffiss International Airport in Rome, New York with the operations at Syracuse’s airport. Eight jobs at Griffiss will be affected, but the air control tower that handles landings and takeoffs will continue to operate as usual.
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GAO Issues Preliminary Report on Aircraft Icing and Winter Operations. --- Government Accountability Office, February 24, 2010
The Government Accountability Office has released a preliminary information report on aircraft icing and winter operations, as part of its testimony before the House Subcommittee on Aviation and Committee on Transportation and Infrastructure. The report provides preliminary information on the extent to which large commercial airplanes have experienced accidents and incidents related to icing and contaminated runways, the efforts of the Federal Aviation Administration and other aviation entities to improve safety in icing and winter weather conditions, and the challenges that continue to affect winter weather aviation operations.
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Investigators Call for More Pilot Training on Icing. --- Jerry Zremski, The Buffalo News, February 24, 2010
The Government Accountability Office says that federal regulators could do much more to guarantee that icing will not lead to a fatal plane crash, like ensuring that pilot training is thorough, relevant, and realistic. A GAO representative, testifying at a House Aviation Subcommittee hearing on aircraft icing, said there was data on hundreds of accidents that occurred between 1998 and 2007 that revealed that icing and contaminated runways pose a substantial risk to aviation safety, and that pilots are likely to encounter icing conditions beyond their aircraft’s capabilities at least once in their career. The GAO recommended a closer look at pilot training and urged the Federal Aviation Administration to speed up its efforts to write rules governing the use of aircraft in icy conditions.
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FAA: Willis Airport Decision is on Hold. --- Pat Murphy, Idaho Mountain Express, February 24, 2010
Actor Bruce Willis has proposed to build a single, 8,500-foot, jet-friendly runway for a privately operated field east of Fairfield, Idaho, but the Federal Aviation Administration will not finalize a decision on his plan until a separate study on possible sites for a replacement for Friedman Memorial Airport is completed. The proposed airport’s operational air space would “have an impact” on Visual Flight Rules operations in the air space of an alternative site being studied as Friedman’s replacement. Until the environmental impact study of that alternative site is complete, no resolution on Willis’ proposal will be reached.
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NTSB Wants to Monitor Pilots’ Cockpit Conversations. --- Catherine Holland, Azfamily.com, February 24, 2010
The National Transportation Safety Board is asking that airlines and unions be allowed to use black-box recordings to regularly listen in on pilots’ conversations, but the pilots’ unions are calling the proposal intrusive. The NTSB says the recommendation is not intended to invade privacy, but to monitor what’s happening in the air and make sure cockpit crews are doing their jobs, as well as promote safety by reducing misbehavior and inattention.
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Alaska Airlines to Offer Gogo Internet Service. --- Seattle Post-Intelligencer, February 24, 2010
Alaska Airlines will offer Aircell’s Gogo Inflight Internet service on all of its aircraft. The Gogo service is currently being installed on a Boeing 737-800 and will begin testing to secure certification from the Federal Aviation Administration; once the equipment has been certified for the 737s, the airline will start outfitting its entire fleet.
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Airport Dispute Continues. --- Sophia Aldous, The Statesman Examiner, February 24, 2010
The City of Colville in Washington is looking to relocate Colville Municipal Airport. A committee on the airport relocation process agreed that a new airport is needed, but no single airport site has been selected yet. The goal of the relocation is to improve safety in the air and on the ground, and to provide opportunity for expanded service and stimulate economic development, but there are many in the community who are opposed to a new airport.
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February 19, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 19 Feb 2010 12:39:57 -0800

FAA Safety Reforms Finally Going to Senate. --- Jerry Zremski, The Buffalo News, February 11, 2010
A week of the U.S. Senate floor time will be scheduled in March for the Federal Aviation Administration reauthorization bill, including its safety provisions. Several of the provisions address concerns that the National Transportation Safety Board listed last week as part of its investigation into the crash of Continental Connection Flight 3407 near Buffalo, New York, last year. The bill would raise pilot-training standards and set requirements for the airlines’ remedial training programs, as well as mandate other increased safety initiatives. Senate Majority Leader Harry Reid finally made the commitment to move the FAA bill up by six months because the Senate has passed its version of health care reform, which had kept it occupied for months, and because the latest in a series of short-term extensions of the FAA bill is set to expire March 31.
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Senate FAA Reauthorization Bill Expected to Finally Move in March! --- Rotor News, February 12, 2010
Senator Charles E. Schumer has persuaded Senate leadership to move ahead with the Federal Aviation Administration reauthorization bill in March. FAA authorization and safety reforms will be considered over the course of a week, though it is unknown if the Senate Finance Committee will mark up the bill before it goes to the Senate floor for debate.
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FAA Reauthorization and Rule Changes to See Debate in March. --- Glenn Pew, AVweb, February 12, 2010
A week of Senate floor time will be scheduled in March to address aviation safety reforms and the Federal Aviation Administration reauthorization bill. The FAA reauthorization bill has been through several short-term extensions which are set to expire March 31. The bill’s current provisions address pilot safety standards and set requirements for remedial training programs for commercial carriers, as well as call for independent study of pilot fatigue research to be considered in new flight-time and duty-time rules for pilots. The House already passed its version of the reauthorization bill but it is considered more stringent than the bill the Senate has proposed, and whatever the Senate passes will have to be merged with the House bill by a House-Senate conference committee.
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Airport to Conduct Study on Wildlife Hazards for Planes. --- Eve Byron, Independent Record, February 12, 2010
Helena Regional Airport in Montana is undertaking a wildlife hazard assessment over concerns about the potential of a devastating collision between birds and airplanes. The one-year study, paid for with $125,000 from the Federal Aviation Administration, will look at birds, deer, elk, and other wildlife that could cause problems at the 13,050-acre airport. A qualified airport wildlife biologist will be hired to complete the study and that person will also look at wildlife habitats in and around the airport, and may be able to make suggestions, like changing flight patterns if birds are a problem.
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A Year After Fatal Regional Airline Crash, Claims of Safety Progress Questioned. --- Joan Lowy, Associated Press, February 11, 2010
Little has been done in the year since the crash of a regional airliner near Buffalo, New York. The Federal Aviation Administration has failed to require improved airline safety on key fronts, like addressing the tiring long-distance commutes of many regional companies’ pilots, despite claims to the contrary. The National Transportation Safety Board, the Transportation Department’s inspector general, and even members of Congress are questioning the FAA’s so-called progress and complain that the agency has bent to industry pressure to delay or weaken new requirements before they are proposed.
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Critics Say Airline Safety Changes Coming Too Slowly. --- David Dykes, Greenville Online, February 12, 2010
The crash of Continental Connection Flight 3407 near Buffalo, New York highlighted several safety lapses, but it is unlikely that change is quickly forthcoming. Regulators in the past have taken years to adopt new regulations, and it will take federal legislation to resolve differences in pilot qualifications and airline safety management programs among commuter airlines and larger carriers to create two levels of safety for the flying public. After a thorough investigation of the crash the National Transportation Safety Board made several recommendations to the Federal Aviation Administration, but the Transportation Department’s Office of Inspector General found that the FAA’s progress in implementing any measures has been slow.
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FAA Still in Lubbock Testing ILS. --- Katie Bauer, KCBD, February 12, 2010
The Federal Aviation Administration’s technical teams have been testing the instrument landing system at Lubbock International Airport in Texas, where flights have been cancelled or delayed for more than a week, due in part to weather but mostly to the instrument landing system. The FAA is trying to pin point the problem and believe some sort of radio interference is responsible. They have made test flights and had crews on the ground from the FAA and Federal Communications Commission monitoring the approach path and surrounding area, listening for potential sources of radio or electronic interference.
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Clear Weather Helps FAA Fix ILS. --- Melinda Alvarado, Fox 34, February 13, 2010
Clear blue skies are helping the Federal Aviation Administration investigate the instrument landing system problems at LubbockInternationalAirport. The Federal Communications Commission and the City of Lubbock partnered with the FAA and found that a handful of power poles and a sub-station north of the airport were emitting intermittent but significant radio frequency energy that was causing the problems. The FAA said the ILS is now reporting properly though it is limited in service, and if weather is good, the agency is hopeful problems will be nonexistent.
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New Runway at Charlotte Douglas Could Save Travelers Valuable Time. --- WSOCTV.com, February 12, 2010
With the new runway at CharlotteDouglasInternationalAirport in Charlotte, North Carolina becoming fully operational Friday, February 12, up to three planes can now land at once. The option is valuable because it will save airlines tens of millions of dollars in substantially lowering the number of delays, and might even save time for air travelers. Another positive is that an airport that can handle more passengers as well as endure fewer delays could also entice businesses to relocate.
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Airline On-Time Performance Improves in 2009 as Rate of Mishandled Baggage Increases. --- eNews Park Forest, February 13, 2010
According to the Air Travel Consumer Report recently released by the Department of Transportation, the nation’s largest airlines had an on-time performance rate in 2009 that was their best since 2003, but the carriers’ rate of mishandled baggage last year was the lowest recorded since 2004.
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Algae to Solve Pentagon’s Jet Fuel Problem. --- 2012 Changes are Now, February 14, 2010
The Defense Advanced Research Projects Agency (DARPA) at the Pentagon says it is just months away from producing a jet fuel made from algae. DARPA’s research projects have extracted oil from algal ponds at a cost of $2 per gallon, and it is now on track to begin large-scale refining of that oil into jet fuel at a cost of less than $3 a gallon. Unlike corn-based ethanol algal farms do not threaten food supplies, and the innovation represents a boon for the military, the nation’s single largest consumer of energy, as well as holding the promise of low-carbon driving and flying for all.
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MichiganRegionalAirport Radar Merger Draws Fuss. --- Associated Press, February 14, 2010
The Federal Aviation Administration is looking to consolidate radar operations at four regional airports at Kalamazoo/Battle Creek International Airport, but the decision is being questioned by the National Air Traffic Controllers Association. An NATCA spokesperson told the Grand Rapids Press that representatives of the air controllers group met with pilots at GeraldFordInternationalAirport in Grand Rapids, saying they want to pressure lawmakers to give them a say in discussions on the consolidation, which is expected to occur about a year from now.
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Alternative Plans Made for Airport. --- Cassandra Shofar, The News-Herald, February 15, 2010
Cuyahoga County, Ohio commissioners are working on runway extension alternatives more than a year after the Cuyahoga County Airport master plan was approved. The Federal Aviation Administration asked the airport to come up with an immediate alternative that addresses runway safety area issues, but the airport continues to support and believe that it has the justification for an extension as part of a long-term plan. Proponents argue the extension would make the airport safer for pilots and note that the plan would not require any residential land to be acquired, but critics fear increased air traffic and decreased safety, home values, and standards of living.
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Airlines Invest in Biofuel Companies. --- All Things Aviation, February 15, 2010
Driven more by higher fuel costs than a desire to reduce emissions from jet aircraft, some 14 airlines have been working with biofuel companies to develop a camelina-based jet fuel. Camelina is a crop that can be grown on marginal land and does not compete with food crops, requiring little water or nitrogen. The International Air Transport Association and Airbus are calling for governments to support the aviation industry’s efforts to gain access to biofuels, but aviation accounts for little more than 12% of transportation fuels so it is unlikely the industry will receive much support.
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Bird Strikes Plane, Forces Landing at FortLauderdale-HollywoodInternationalAirport. --- Juan Ortega and Ken Kaye, Sun Sentinel, February 16, 2010
A Spirit Airlines plane made an unscheduled return to Fort Lauderdale-Hollywood International Airport in Florida on Monday, February 15 after a bird struck the jet’s nose after takeoff. No one was hurt and an inspection found no damage to the plane, and the passengers were placed on other flights. U.S. airplanes collide with birds more than 2,500 times a year, with bird strikes causing an average of $400 million in damage.
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$6 Million Dayton Airport Project Delayed by Compiling of Buy-American Data. --- John Nolan, Dayton Daily News, February 16, 2010
The Federal Aviation Administration will not release the funding for a $6.1 million project to install a new electronic security system at Dayton International Airport in Ohio until the contractor provides information that shows the project complies with a law requiring the use of steel and manufactured goods produced in the U.S. The airport must give the FAA the buy-American information, or request a waiver. Officials of the airport expect to complete the project by 2010, even with the delay caused by securing the data.
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Passengers Rights Groups Give Airlines Failing Grades for Tarmac Delays. --- Alison Grant, The Plain Dealer, February 16, 2010
FlyersRights.org, a passenger rights group, issued an air travel consumer report card on Tuesday, February 16, and gave Continental Airlines and five other carriers an F grade for tarmac delays of two hours or more. The group claims the carriers trapped fliers in “metal tubes” during weather delays without food, water, or medical assistance, and with overflowing toilets. The report was optimistic about some form of legislation being passed this year, as a passenger bill of rights was included in the Federal Aviation Administration reauthorization bill pending in Congress.
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FAA Administrator Discusses Aviation Safety With Rockefeller. --- West Virginia Media, February 17, 2010
Federal Aviation Administration Administrator Randy Babbitt and aviation officials from YeagerAirport in West Virginia met with U.S. Senator Jay Rockefeller to discuss the importance of airport safety, particularly as it applied to a January incident at YeagerAirport that required the use of the airport’s Engineered Material Arresting System. Senator Rockefeller and Mr. Babbitt viewed the work being done to fix the EMAS system, which was funded through the FAA’s Airport Improvement Program.
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American Airlines Union Moves Toward Strike. --- World Travel Service, February 18, 2010
The Transport Workers Union said it will ask federal mediators to let the employees walk away from contract talks if there is no deal by March 8. Strikes have become very rare in the airline industry, but if federal mediators agree, it could be the start of a countdown toward a strike. An American Airlines spokeswoman said the talk of ending mediation was premature, however.
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Watchdog Finds Aircraft Maintenance Problems at American Airlines, Calls FAA Oversight Weak. --- Joan Lowy, Associated Press, February 18, 2010
According to a report released Thursday by the Department of Transportation’s Office of Inspector General, the Federal Aviation Administration’s lax oversight of aircraft maintenance at American Airlines raises concerns about the agency’s ability to regulate aircraft maintenance in general. At least four maintenance-related allegations made two years ago have “potential safety implications,” and despite a significant increase in maintenance problems at American, the FAA did little to address the issues. The report questions the FAA’s effectiveness and notes that the FAA only ever took action after the department had briefed agency officials on the need for them.
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CEQ's Steps to Modernize and Reinvigorate NEPA Includes Reporting on Climate Change Effects of Federal Actions

Steven Taber — Fri, 19 Feb 2010 11:31:51 -0800

The Council on Environmental Quality, on February 18, 2010, proposed three substantive steps to “modernize and reinvigorate” the National Environmental Policy Act (NEPA). According to Nancy Sutley, the Chair of the White House-based CEQ, these measures “will assist Federal agencies to meet the goals of NEPA, enhance the quality of public involvement in governmental decisions relating to the environment, increase transparency and ease implementation.”

These three steps include when and how Federal agencies must consider greenhouse gas emissions and climate change in their proposed actions; clarifying appropriateness of “Findings of No Significant Impact” and specifying when there is a need to monitor environmental mitigation commitments; and clarifying use of categorical exclusions. The CEQ is requesting public comment on all three of the draft guidances.

The Effects of Climate Change and Greenhouse Gas Emissions Must be Considered in the NEPA Process

Perhaps the most critical element to this modernization of the NEPA process is the CEQ’s draft guidance on when and how Federal agencies must consider greenhouse gas emissions and climate change in their proposed actions. According to the CEQ:

The draft guidance explains how Federal agencies should analyze the environmental impacts of greenhouse gas emissions and climate change when they describe the environmental impacts of a proposed action under NEPA. It provides practical tools for agency reporting, including a presumptive threshold of 25,000 metric tons of carbon dioxide equivalent emissions from the proposed action to trigger a quantitative analysis, and instructs agencies how to assess the effects of climate change on the proposed action and their design. The draft guidance does not apply to land and resource management actions and does not propose to regulate greenhouse gases.

While some courts have already held that climate change and greenhouse gas emissions must be considered in the NEPA process. See, “Greenhouse Gases Should Be Considered in All EISs and EAs;” see also, Center for Biological Diversity v. NHTSA, 508 F.3d 522 (9th Cir. 2008), Friends of the Earth, Inc. v. Mosbacher, 488 F.Supp.2d 889 (N.D. Cal. 2007); Border Power Plant Working Group v. Department of Energy, 260 F.Supp.2d 997 (S.D. Cal. 2003); and Mid-States Coalition for Progress v. Surface Transportation Board, 345 F.3d 520 (8^th Cir. 2003). To these courts, these findings indicate that emission of greenhouse gases substantially contribute to climate change, and climate change is expected to result in widespread adverse environmental effects. Therefore, it should be mentioned in the EIS.

What the draft guidance does explain, however, that is not present in the case law are the “practical tools for agency reporting.” That is, it sets a de minimis level of 25,000 metric tons of CO2e before the proposed action would trigger quantitative analysis, which may eliminate many federal projects from the guidance.

The public comment period for this draft Guidance is 90 days. Comments may be submitted electronically from the CEQ’s website: http://www.whitehouse.gov/administration/eop/ceq/initiatives/nepa/submit?topic=Consideration%20of%20Greenhouse%20Gases. In addition, at the end of the draft Guidance, the CEQ asks several questions that it would like to have addressed by the public:

1. How should NEPA documents regarding long-range energy and resource management programs assess GHG emissions and climate change impacts?

2. What should be included in specific NEPA guidance for projects applicable to the federal land management agencies?

3. What should be included in specific NEPA guidance for land management planning applicable to the federal land management agencies?

4. Should CEQ recommend any particular protocols for assessing land management practices and their effect on carbon release and sequestration?

5. How should uncertainties associated with climate change projections and species and ecosystem responses be addressed in protocols for assessing land management practices?

6. How should NEPA analyses be tailored to address the beneficial effects on GHG emissions of Federal land and resource management actions?

7. Should CEQ provide guidance to agencies on determining whether GHG emissions are “significant” for NEPA purposes. At what level should GHG emissions be considered to have significant cumulative effects. In this context, commenters may wish to consider the Supreme Court decision in Massachusetts v. EPA, 549 U.S. 497, 524 (2007).

Draft Guidance on the Appropriateness of “Findings of No Significant Impact” Tightens Monitoring and Reporting Restrictions

When Finding of No Significant Impact (FONSI) is issued for a Federal action, the need for a detailed Environmental Impact Statement is obviated. Many Federal agencies attempt to mitigate the environmental impact of their actions as part of the NEPA process so that they can reach a FONSI and not be required to draft an EIS. However, in many cases, the follow-up on mitigation activities promised is lacking. Thus, the draft guidance seeks to clarify that although the environmental impacts of a proposed action may be mitigated to the point when the agency make a FONSI determination, the agency must make the mitigation requirements public and perform the necessary monitoring and reporting.

Revised Draft Guidance Clarifying Use of Categorical Exclusions

Many Federal actions do not have significant effects on the environment. When these actions fall into broad categories of activities, agencies may apply a “categorical exclusion” from further NEPA review. The CEQ originally released a draft guidance to clarify and promote the use of categorical exclusions on September 17, 2006. 71 Fed.Reg. 54816 (Sept. 17, 2006). This action would revise that draft guidance and clarify the rules for categorical exclusions and ensures that there is a concise public record when agencies apply them. While CEQ previously has sought public comments on this matter, this guidance provides additional clarifications, so it will seek additional public comment for 45 days.

February 12, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 12 Feb 2010 11:42:38 -0800

February 12, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Families of Those Lost in Crash of Flight 3407 Angry With FAA. --- Scott Brown, WGRZ, February 6, 2010
The families of the victims of Flight 3407 are increasingly frustrated and angry with the Federal Aviation Administration, critical of what they see as the agency’s inaction. They are pushing for first officers on regional airlines to have the same flying experience as the pilot’s, but Randy Babbitt, FAA Administrator, said while numbers might be important, the FAA needs to take “a hard look” at all of the elements of training a pilot has been exposed to. The families are now shifting their focus to Congress, where the House has already passed a flight safety bill and the Senate has a similar bill.
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No Way to Run Airlines: FAA Has Done Nothing About Roots of Buffalo Crash. --- New York Daily News, February 8, 2010
The Federal Aviation Administration has done little about the safety lapses that were partially responsible for last year’s crash of Colgan Air Flight 3407 near Buffalo, New York. Despite repeated pressure from the National Transportation Safety Board, which made recommendations “time after time,” the FAA ignored them and has a reputation of long and ineffectively attempting to cajole the airlines into reforming themselves.
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Pilots Risk All for Low Hours, Low Pay. --- Miles O’Brien, Marketplace, February 9, 2010
Regional airlines like Colgan have been involved in every one of the last six fatal commercial airline crashes in the U.S. Safety sometimes takes a bottom line at these airlines because they are often paid by the majors on the number of flights they complete, and not the number of passengers they carry. Pilots, too, are only paid for the hours they fly though they may be on duty for many more; as a result they are underpaid and overworked. The current pay scheme could and seems to have undermined safety, though the Regional Airlines Association president insisted profit never trumps safety.
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FAA May Consolidate Northern Ohio Air Traffic Controllers for Efficiency’s Sake. --- Associated Press, February 5, 2010
The Federal Aviation Administration is proposing to consolidate air traffic control operations for Akron, Mansfield, Toledo, and Youngstown airports at Cleveland Hopkins International Airport in Ohio. The agency said no decision has been made and the upgraded Cleveland facility will not be ready before 2015, but that the proposal is considered an efficiency move. The controllers union opposes the move, asserting that emergency flights would be denied contact with controllers who know the local terrain.
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Airport Meeting Yields Ideas, No Decisions. --- Brad Dicken, The Chronicle-Telegram, February 5, 2010
Lorain County, Ohio officials had a private meeting with pilots, condominium owners, and others with a vested interest in Lorain County Regional Airport, but no decision was reached on whether the airport will not be closed. County commissioners intended to close the airport January 15 but faced opposition from airport users and the Federal Aviation Administration, which warned the county it could face a federal lawsuit to keep the airport open. The county is examining ways to increase traffic and thereby revenue at the airport, and how to get federal stimulus money to improve the airport.
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Airport Asks for FAA Help to Keep Wanderers Off of Taxiway. --- Andrew Travers, Aspen Daily News, February 8, 2010
Airport officials for Sardy Field in Colorado have requested the Federal Aviation Administration visit the airport and observe the number of people walking into an area where planes taxi to and from the runway in the section reserved for private jets. The phenomenon is potentially dangerous and the airport is hoping the FAA can assist in brainstorming a way to stop it. Airport director Jim Elwood pointed out that none of these incidents have interfered with flight traffic or put anyone in danger, but said the airport just wants to ensure it is operating at “the highest standard of safety.”
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Agencies to Fault American on Maintenance. --- Andy Pasztor, The Wall Street Journal, February 9, 2010
The Department of Transportation’s inspector general will soon release a report outlining apparent failures by AMR Corp. to identify and promptly resolve aircraft maintenance problems in 2008. American Airlines will be under sharp criticism from the DOT and the Federal Aviation Administration, which both accuse it of serious maintenance lapses.
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Southwest Airlines Facing FAA Safety Investigation. --- Dave Michaels, The Dallas Morning News, February 9, 2010
In the third such investigation in two years the Federal Aviation Administration is examining violations of safety directives by Southwest Airlines. FAA inspectors believe Southwest and a Seattle-area repair station failed to follow federally approved procedures when they carried out repair work on sections of the fuselage. The FAA could levy a fine in the tens of millions of dollars because 44 planes flew more than 100,000 flights while out of compliance. The agency has also become stricter in regards to federal airworthiness regulations after a 2008 congressional investigation found some FAA officials in North Texas became too “cozy” with carriers like Southwest.
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American Airlines, Southwest, FAA Under Fire. --- Gary Stoller, USA Today, February 10, 2010
The Federal Aviation Administration is investigating both American Airlines and Southwest Airlines over aircraft maintenance problems. The investigations may result in the biggest fines in aviation history and could approach the $10.2 million fine the agency proposed against Southwest two years ago. The FAA itself is under scrutiny as the Transportation Department’s inspector general will soon release an audit criticizing the FAA for its lax maintenance oversight of American.
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Report: American Airlines May Face Eight-Figure Fine. --- Triangle Business Journal, February 10, 2010
Though sources told the Associated Press that the Federal Aviation Administration could hit American Airlines with a fine similar to the $10.2 million penalty assessed against Southwest Airlines in 2008, an FAA spokesman said the investigation was not finished and that it was too early to speculate on the amount. The investigation was launched in 2008 after safety concerns were raised about nearly 300 of the carrier’s MD-80 aircraft: improper bundling of wires in the wheel well posed a fire hazard. The problem has been fixed but the probe uncovered other possible irregularities and violations in American’s maintenance operations.
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DOT Temporarily Grants Delta/US Airways Slot Waiver. --- Department of Transportation, February 9, 2010
The Department of Transportation has tentatively decided to grant the waiver requested by Delta Airlines and US Airways to proceed with their proposed slot swap transaction at Reagan Washington National Airport and New York’s LaGuardia Airport. The airlines are required to sell some of their slot interests to carriers with no or limited service at the two airports, to lessen the harm to consumers that might otherwise result from the two airlines’ increased dominance there.
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Delta, US Airways May Call Off Slot Swap. --- Andrew Compart, Aviation Week, February 11, 2010
Delta and US Airways said they will cancel their slot swap deal at Washington National and New York LaGuardia airports if the Federal Aviation Administration does not change the conditions it wants to attach to approval of the transaction. The carriers believe that the requirement to sell some of their slot interests to carriers with no service or limited service at the two airports would negatively impact consumers and the economic benefits created by the swap. The FAA’s decision is not final and interested parties have 30 days to comment on the tentative decision before it is made final or finalized with changes.
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FCC Joins Search for Solution to Airport’s ILS Woes. --- Walt Nett, Avalanche-Journal, February 10, 2010
The Federal Communications Commission has joined the Federal Aviation Administration in searching for the causes of interference that have plagued the instrument landing system at Lubbock Preston Smith International Airport in Texas for more than a week. An FAA check airplane flew several approaches and gave the system a clean bill of health on Tuesday, February 9, but pilots later began reporting sporadic interference with the signal.
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Time for the City to Privatize Midway Airport. --- Jerry Roper, Chicago Tribune, February 10, 2010
Mayor Richard Daley should affirm his commitment to privatization of Midway Airport in Chicago, Illinois, an initiative that could provide money for infrastructure improvements and shore up public pensions. Midway has become a phenomenal success story under the mayor’s leadership, but it must be privatized for the city to tap into its value. Economic conditions are significantly better than they were two years ago when a similar plan to privatize the airport fell through, and the mayor will hopefully relaunch the long-term lease of Midway soon.
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Modifications Could Affect Local Airport., --- Crystal Tatum, Newton Citizen, February 10, 2010
A Federal Aviation Administration proposal to expand airspace for Class B commercial aircraft at Hartsfield-Jackson Atlanta International Airport in Georgia could affect aviators at nearby Covington Municipal Airport and city and county residents. The proposed changes come in response to air traffic controllers’ having difficulty spotting aircraft in the current airspace. The modifications would mean more noise and more traffic congestion as all the larger aviation will be flying closer to the ground and pushing general aviation below them.
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Smaller Jets Gain Bigger Role at O’Hare. --- Chicago Tribune, February 11, 2010
Smaller jets are taking on a larger role at Chicago’s O’Hare International Airport, with United and American Airlines, the airport’s two major tenants, scheduling two regional jet flights for every one flown on larger jets. The airlines are making the changes because the regional jets are cheaper to fly and they are increasingly deployed for travel to big cities such as Boston, New York, and Miami, but passengers are not thrilled as the regional jets are less comfortable. Aviation consultants say airlines’ increased reliance on regional jets is a trend that is not likely to abate in the future.
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FAA Safety Reforms Finally Going to Senate. --- Jerry Zremski, The Buffalo News, February 11, 2010
A week of the U.S. Senate floor time will be scheduled in March for the Federal Aviation Administration reauthorization bill, including its safety provisions. Several of the provisions address concerns that the National Transportation Safety Board listed last week as part of its investigation into the crash of Continental Connection Flight 3407 near Buffalo, New York, last year. The bill would raise pilot-training standards and set requirements for the airlines’ remedial training programs, as well as mandate other increased safety initiatives. Senate Majority Leader Harry Reid finally made the commitment to move the FAA bill up by six months because the Senate has passed its version of health care reform, which had kept it occupied for months, and because the latest in a series of short-term extensions of the FAA bill is set to expire March 31.
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Airport to Conduct Study on Wildlife Hazards for Planes. --- Eve Byron, Independent Record, February 12, 2010
Helena Regional Airport in Montana is undertaking a wildlife hazard assessment over concerns about the potential of a devastating collision between birds and airplanes. The one-year study, paid for with $125,000 from the Federal Aviation Administration, will look at birds, deer, elk, and other wildlife that could cause problems at the 13,050-acre airport. A qualified airport wildlife biologist will be hired to complete the study and that person will also look at wildlife habitats in and around the airport, and may be able to make suggestions, like changing flight patterns if birds are a problem.
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February 5, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 05 Feb 2010 13:50:56 -0800

February 5, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Study: Water Vapor May Help ‘Flatten Global Warming Trend.’ --- Doyle Rice, USA Today, January 28, 2010
According to a new study released in the journal Science, water vapor, a potent, natural greenhouse gas that absorbs sunlight and re-emits heat, is the “wild card” of global warming. A drop in the concentration of water vapor in the stratosphere very likely helped to flatten the global warming trend since 2000. The cause of the drop in water vapor concentration is unknown, but the decline slowed the rate of surface warming by 25%.
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Controller Staffing Plummets at Busy California FAA Facility; Safety Now an Issue as Errors on the Rise. --- PRNewswire, January 29, 2010
Southern California Terminal Radar Approach Control (TRACON), the nation’s busiest Federal Aviation Administration air traffic control facility that handles climb and approach phases of flight, has seen a 26% drop in the last six years in its number of fully trained and certified air traffic controllers. Facility representative Mel Davis said that the facility needs more experienced controllers, more space to accommodate them, and updated equipment to train them. The problem facing the FAA is trying to get experienced veterans to leave their short-staffed facilities to come to SoCal TRACON, another short-staffed facility.
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Venice Council Ignores FAA Advice. --- Kim Hackett, Herald Tribune, January 29, 2010
The Venice City Council in Florida voted Thursday, January 28, 2010 to submit a plan to downgrade Venice Municipal Airport despite warnings from the Federal Aviation Administration and consultants’ advice to the contrary. Council member Sue Lang said lowering the airport designation would not cost any money and would solve safety problems. A showdown is likely as the FAA has already frozen funds for airport improvements and the agency has repeatedly told the council it would not approve a downgraded plan.
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Airport Decision Could Cost Venice Millions. --- Kim Hackett, Herald Tribune, January 31, 2010
Venice City Council’s decision to submit plans to the Federal Aviation Administration to downgrade Venice Municipal Airport could cost the city millions in federal and state grants and hundreds of thousands of dollars in legal fees. Council members want a shorter runway so that approximately two dozen homes and a golf course would no longer be in an airport safety zone, and they also want to limit jet traffic, but the FAA has ruled against the city at every turn. The FAA will likely reject the plan, which could prompt a protracted battle between the FAA and the city, and the agency could also withhold federal and state funds for airport and runway improvements. A spokesman for the FAA said the city must abide by the agency’s rules as it has accepted millions in the past for airport improvements.
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Skydiving Nixed at Airport. --- John Koziol, The Citizen of Laconia, January 29, 2010
The Laconia Airport Authority in New Hampshire has rejected plans to operate a skydiving business at the facility, citing safety concerns raised by the Federal Aviation Administration. In a December 21, 2009 letter from the FAA to the Airport Authority, the agency ruled that skydivers and aviators were not a good mix at the airport. The FAA studied proposed landing sites at the airport and found that the proposed landing area would adversely affect the safe and efficient use of the navigable airspace by aircraft and the safety of persons and property on the ground.
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NTSB Seeks Authority Over Commercial Space Accidents. --- Andy Pasztor, The Wall Street Journal, January 29, 2010
The National Transportation Safety Board is seeking to expand its purview to cover commercial spacecraft mishaps and accidents. The safety board asked Congress for primary investigative authority over accidents involving commercial space vehicles and for a nearly 20% boost to its budget for the fiscal year starting October 1. The Federal Aviation Administration would retain existing authority to regulate space-tourism operators, establish minimum crew standards, and ensure that passengers are advised about the risks associated with such flights, but the NTSB would be specifically authorized to investigate incidents involving civilian unmanned aircraft.
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FAA Approves 3 Wind Turbines for Providence Wastewater Facility. --- Peter Lord, The Providence Journal, January 30, 2010
The Federal Aviation Administration approved plans by the Narragansett Bay Commission to install three 360-foot wind turbines at its Field’s Point Wastewater Treatment Facility in the Port of Providence, Rhode Island. The Commission still needs approval from several other agencies, but hopes to have the turbines up and running by October 2011. The FAA had raised concerns that the turbines would pose a hazard for nearby T.F. Green Airport, but the Rhode Island Airport Corporation did some modeling that showed the turbines would be well below the glide path to the airport.
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Engine Icing Hazards Discovered on Embraer Regional Jets. --- Andy Pasztor, The Wall Street Journal, January 29, 2010
Aviation regulators in Brazil and Europe have issued safety directives for hundreds of regional Embraer jetliners, intending to prevent both engines on such planes from shutting down in mid-flight. The related moves stem from software problems that regulators believe could result in loss of automatic activation of ice-protection systems for engines on some Embraer 170 and 190 jets, and if pilots fail to react properly in such circumstances ice may build up on engine inlets and cause a dual engine shut down. The Federal Aviation Administration is considering taking similar action.
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Work Begins on $18.8 Million Air Traffic Control Tower. --- Josh Mrozinski, The Times-Tribune, January 29, 2010
Work officially began Friday, January 29, 2010 on an $18.8 million project to replace a 57-year-old air traffic control facility at Wilkes-Barre/Scranton International Airport in Pennsylvania. The airport’s existing air traffic control tower is equipped with hardware that is several decades old and limits line of sight, preventing the use of a runway. The new tower is funded from the American Reinvestment and Recovery Act, and thanks to the stimulus funding Luzerne and Lackawanna counties did not have to borrow money as originally planned.
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Toledo Express Air Traffic Controllers Fight Move of Radar Unit. --- Carl Ryan, Toledo Blade, January 30, 2010
Air traffic controllers at Toledo Express Airport in Swanton, Ohio are fighting the Federal Aviation Administration’s plan to move some of their duties to Cleveland. They say such a move would mean diminished service for general aviation at Toledo Express, less safety, higher costs, and a reduction in efficiency. The FAA has made no decision to relocate the terminal radar approach control, but is considering doing so.
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Gulfstream Sales Expected to Grow in 2010. --- Mary Cart Mayle, Savannah Now, January 30, 2010
Gulfstream Aerospace earnings for calendar year 2009 were down significantly from a year ago, but the company reports continued strength in order activity and substantially fewer customer defaults and improved service volume. Sales and operating earnings for the fourth quarter 2009 were up compared with the third quarter 2009, with all indications pointing to market improvement in 2010.
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FAA Proposes Nearly $2.5 Million Civil Penalty Against American Eagle Airlines.. --- Federal Aviation Administration, February 1, 2010
The Federal Aviation Administration proposed a $2.5 million civil penalty against American Eagle Airlines for operating flights without adequately ensuring the weight of baggage was properly calculated. The FAA alleges that American Eagle conducted at least 154 passenger-carrying flights between January and October 2008 when the baggage weight listed on airplane cargo sheets disagreed with data entered into the company’s Electronic Weight and Balance System. Erroneous data into the weight and balance system results in an incorrect computation of the weight and balance of a particular aircraft and could potentially lead to faulty calculations for the proper control settings and reference speeds necessary for safe takeoffs and landings.
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Midway Airport Privatization in Holding Pattern. --- Paul Merrion, Chicago Business, February 1, 2010
The city of Chicago has told the Federal Aviation Administration that it still plans to privatize Midway Airport “at the earliest practicable date” in the city’s first official statement of its intentions since a deal fell through last year. Last week the city asked the FAA for more time to complete the deal, and the pace and direction of the completion of privatization continues to be dictated by conditions in the global capital and credit markets. The city will report back to the FAA by April 30, 2010, on further developments with respect to the process to select a private operator.
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Flaws Cited in ‘09 Crash Could Persist, FAA Says. --- Matthew L. Wald and Christine Negroni, The New York Times, January 31, 2010
The Federal Aviation Administration says it has fixed a variety of flaws that the 2009 Colgan Air crash in Buffalo, New York made obvious, most specifically targeting improved pilot training and safety programs. The agency warned, however, that some problems are not likely to be fixed for years, if at all, such as what to do about pilots who have a long commute and more generally, how to treat and deal with pilot fatigue.
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Raytheon Rigged FAA Bid, Rival Claims. --- Barbara Leonard, Courthouse News Service, February 1, 2010
The Washington Consulting Group filed a complaint in Superior Court alleging that a high-ranking official at the Federal Aviation Administration conspired with her boyfriend to ensure that his employer, Raytheon, won a billion-dollar contract to train the nation’s air traffic controllers. Washington Consulting claims that the defendants’ meddling “undermined the safe and efficient training of air traffic controllers” and that Raytheon’s misconduct constitutes a criminal conflict of interest, waste of federal resources, and unfair bidding procedures.
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FAA Fines Show Extent of Airline Problems. --- Gary Stoller, USA Today, February 2, 2010
The millions of dollars in fines that the Federal Aviation Administration imposes against airlines for violating maintenance and repair regulations illustrate serious problems and show how many flights take off when they shouldn’t and possibly endanger passengers’ lives. The FAA levied $28.2 million in fines and proposed fines against 25 U.S. passenger airlines for maintenance violations that occurred in the past six years, and 90% of maintenance violations do not result in fines but warning letters or other reprimands by the FAA.
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Dangerous Skies? NTSB to Issue Report on Colgan Air Crash. --- Lisa Stark and Huma Khan, Good Morning America, February 2, 2010
The National Transportation Safety Board will issue a report on Colgan Air Flight 3407, which crashed near Buffalo, New York and killed 50 people. The report will highlight commuter airlines’ safety lapses and the board will likely criticize an airline industry that is suffering from serious shortcomings.
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NTSB to Hold Symposium in Response to Buffalo Plane Crash. --- Sholnn Freeman, The Washington Post, February 2, 2010
The National Transportation Safety Board will hold a staff symposium to explore code-sharing agreements between airlines in detail. Code-sharing agreements allow major carriers to expand their operations to routes that would otherwise be unprofitable, and the arrangements have come under scrutiny because of the absence of rules that would require major airlines to examine pilot qualifications and other safety issues at the smaller carriers. The NTSB is holding the symposium as a response to last year’s February 12 crash in Buffalo, New York. Passengers on the flight bought their tickets from Continental Airlines, but the plan was operated by Colgan, a regional carrier.
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Statement from Colgan Air Regarding NTSB Hearing on Flight 3407 February 2, 2010. --- PR Newswire, February 2, 2010
In response to the National Transportation Safety Board hearing on Colgan Air Flight 3407, the company released a statement asserting that all of its pilots are highly trained to handle all situations they may encounter and that the carrier has always made safety the greatest priority. Colgan also said that it will closely review the NTSB’s findings and recommendations and will work closely with regulators and industry colleagues to reinforce safety as the “primary industry objective.”
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In Response to NTSB Recommendations, FAA Issues Statement. --- Federal Aviation Administration, February 2, 2010
The Federal Aviation Administration announced that it will soon publish federal rules to prevent pilot fatigue and further improve pilot training. The announcement comes on the heels of the National Transportation Safety Board’s hearing and recommendations on Colgan Air Flight 3407, which crashed near Buffalo, New York on February 12, 2009. The FAA said it will review and evaluate the NTSB’s recommendations to help determine what further actions may be needed.
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NTSB: Flight 3407 Crash Primarily Due to Pilot Error. --- Joan Lowy, Associated Press, February 2, 2010
In a hearing on Colgan Air Flight 3407, the National Transportation Safety Board said the pilots made “critical errors showing complacency and confusion,”which resulted in the crash that killed everyone aboard the plane. The crash revealed the safety gap that exists between major airlines and regional carriers, and raised concerns as to whether pilots with low-fare airlines are vulnerable to fatigue, long-distance commutes, and inadequate training. The NTSB board will follow up with a forum this spring on pilot and air traffic controller professionalism, and with another forum on partnerships between major carriers and regional airlines.
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Deadly Plane Crash Near Buffalo Underscores Safety Gap, Official Says. --- Clement Tan, Los Angeles Times, February 3, 2010
National Transportation Safety Board Chairwoman Deborah A.P. Hersman said the Colgan Air Flight 3407 crash showed things “[they’ve] seen before” and that the board has made recommendations “time after time” that have not been heeded by the Federal Aviation Administration. In a report on the crash the board cited multiple pilot errors and other procedures and issued 25 safety recommendations.
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Legislation Requires FAA Action. --- WIVB, February 3, 2010
With the release of the National Transportation Safety Board investigation into the crash of Colgan Air Flight 3407, U.S. Senator Kristen Gillibrand is announcing legislation that would require the Federal Aviation Administration to implement the NTSB recommendations. Senator Gillibrand has been working with the families of the victims of Flight 3407 to ask the NTSB to ensure needed changes in the airline system are not ignored, and has worked on a number of bills to address safety concerns in the airline industry.
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Watchdog: FAA Safety Initiatives Lacking. --- Joan Lowy, Associated Press, February 4, 2010
Transportation Department Inspector General Calvin Scovel said the Federal Aviation Administration has failed to implement most of the safety reforms it promised in response to the crash of Colgan Air Flight 3407. The FAA has fallen behind schedule or failed to meet goals on eight of 10 measures the agency said it would take, including new regulations to prevent pilot fatigue and better inspection of training for regional airline pilots. The National Transportation Safety Board has urged the FAA for 20 years to update its rules for pilot hours and work days to prevent fatigue; FAA Administrator Randy Babbitt countered that the law requires the agency to go through a time-consuming process before adopting new regulations.
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United Sues City of Chicago for $1M for Jet-Truck Collision. --- John Pletz, Chicago Business, February 2, 2010
In a lawsuit filed Friday, United Airlines is suing the city of Chicago for more than $1 million for a February 2, 2005 accident when a United jet pushed back from the gate at O’Hare International Airport and struck a city maintenance truck. United alleges that the vehicle was there improperly and that the city had not notified ground control.
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Controllers: FAA Plan Could Jeopardize Safety. --- Edd Pritchard, Canton Rep, February 2, 2010
National Air Traffic Controllers Association members met Tuesday, February 2, 2010 with pilots in Wooster and Akron, Ohio to explain a Federal Aviation Administration plan to move terminal radar approach controllers from the Akron-Canton Airport tower to a central location in Cleveland. The NATCA members have questioned the changes for more than a year and say that under the current setup controllers are familiar with the area around the airports where they work, but that this could change if controllers are consolidated.
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FAA Says Proposal Not Final. --- Edd Pritchard, Canton Rep, February 3, 2010
The Federal Aviation Administration says it has not finalized proposed changes for radar service in Northeast Ohio, and will brief unions as work continues on the plan. Air traffic controller union members have argued the change raises questions about safety, but the FAA insists that safety will not be jeopardized and notes that centralized radar approach control centers are used to manage airspace in major regions like southern and northern California, the Chicago area, and the Baltimore-Washington, D.C. area.
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City Seeks Grant for Runway 17/35. --- Jessica Langdon, TimesRecordNews, February 3, 2010
Wichita Falls, Texas hopes to receive a $5 million grant from the Federal Aviation Administration to get the first phase of reconstruction of a runway. The city plans to do the work in two phases, with work on the southern part to start this year and work on the northern section expected to start in 2011.
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U.S. Interior Dept. Rushed Cape Wind Review Report. --- Ayesha Rascoe, Reuters, February 3, 2010
A report from the Interior Department’s inspector general says the Department in the final days of the Bush administration may have rushed the completion of a positive environmental assessment of the first proposed major U.S. offshore wind project, but no laws were broken by the process. Several agencies were concerned they did not have enough time to provide thorough reviews and input, but none believed the department’s speedy review affected their overall conclusions. The $1 billion Cape Wind project, proposed in 2001, is designed to power 400,000 homes, but has yet to approved by the department under President Barack Obama.
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Federal Investigators Report that Cape Wind Review ‘Rushed’ But Solid. --- Beth Daley, The Green Blog, February 3, 2010
The U.S. Department of the Interior’s Office of Inspector General’s investigation into the Minerals Management Service’s environmental review of the proposed Nantucket Sound wind farm concluded that several agencies felt “rushed” to finish their contributions to the report but that none of the agencies felt their conclusions were changed as a result of that. The final environmental review was largely favorable toward the Cape Wind project but did not include the most current findings about the impact on air traffic. The Interior Department released a statement saying the report “was not the subject of improper political influence or otherwise deficient.”
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FAA Issues Supplemental NOI to Prepare EA for Air Tour Management at Death Valley National Park. --- Federal Register, February 4, 2010
The Federal Aviation Administration has initiated development of an Air Tour Management Plan (ATMP) for Death Valley National Park. An Environmental Assessment is being prepared and Public Scoping comments are requested.
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Our View on Aviation: Does Airline Cost-Cutting Endanger Passenger Safety? --- USA Today, February 4, 2010
Fliers love the low fares that have come with deregulation but should not have to put up with cost-cutting measures that compromise safety. Troubling signs have recently emerged that airlines are shaving costs in ways that are largely invisible to passengers but potentially dangerous, including repeatedly flying aircraft with repair problems that should keep the planes on the ground, and putting regional aircraft in the hands of exhausted, poorly trained, low-paid pilots. The Federal Aviation Administration has caught up with violators and fined them, but it seems that the agency is sometimes worried more about inconveniencing airlines than aggressively safeguarding passengers.
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FAA User Fees Dead for Now. --- William Garvey, Aviation Week, February 4, 2010
The National Business Aviation Association president said the Federal Aviation Administration reauthorization bill could advance within the next four to eight weeks, and that the threat of aviation user fees seems to be dead “at least for this term of Congress.” The Obama Administration’s 2011 budget proposal, released Monday, February 1, contained no mention of user fees to help fund the FAA. The NBAA is hopeful the FAA reauthorization bill will be passed soon by the Senate, where it has stalled in the Senate Finance Committee.
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City Seeks Grant for Runway 17/35. --- Jessica Langdon, Times Record News, February 3, 2010
Wichita Falls, Texas hopes to receive a $5 million grant from the Federal Aviation Administration to get the first phase of reconstruction of a runway. The city plans to do the work in two phases, with work on the southern part to start this year and work on the northern section expected to start in 2011.
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January 29, 2010 - Aviation and Airport Development Updates

Steven Taber — Fri, 29 Jan 2010 09:10:42 -0800

January 29, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

FAA Runway Test Set for Tuesday. --- Pat Kelly, News Herald, January 14, 2010
The Federal Aviation Administration will conduct crucial flight tests on the 10,000-foot runway of the $318 million Northwest Florida Beaches International Airport under construction near West Bay, Florida. A small turbo-prop plane with special avionics will be used to help fine-tune the runway’s low-visibility navigation equipment as part of a “data-collecting exercise” that will enable the airport to open by May 23, 2010.
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FAA Conducts First ‘Flight Inspection’ at NorthwestFloridaBeachesInternationalAirport. --- Nicole Morten, Nicole Morten, January 19, 2010
The Federal Aviation Administration conducted its first runway and flight inspection at Northwest Florida Beaches International Airport on Tuesday, January 19, 2010. Inspectors will be looking at every piece of technology transmitting signals to make sure there is no interference with air traffic control, pilots, and any electronic navigational gear. The inspection will likely take two to three days and once crew members gather all of the data needed, they will prepare a report of their findings and report and remove from service any equipment that is not functioning as it should.
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Gary Airport Passes FAA Inspection. --- Keith Benman, NorthwestIndiana Times, January 15, 2010
Gary/Chicago International Airport in Illinois received its second positive report from regulators, in addition to receiving a “clean bill of health” for airport finances three weeks ago. The Federal Aviation Administration inspection found “zero operation or airfield maintenance discrepancies” and Airport Director Chris Curry was pleased with the airport’s positive start to 2010.
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Alternative Aviation Fuels Lauded. ‑-- Federal Aviation Administration, January 14, 2010
The Commercial Aviation Alternative Fuel Initiative (CAAFI), a Federal Aviation Administration-sponsored effort to develop environmentally sound and sustainable-alternative jet fuels, received Air Transport World’s Joseph S. Murphy Industry Service Award, one of the most coveted and valued honors by a leading aviation-industry publication. CAAFI combines innovative public-private partnership with an initiative to foster efforts to ensure critical issues in fuel safety, research and development, environmental impacts, and business and economic viability are addressed.
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Wind Co. Abandons Suzie’s Peak. --- Save Our Seashore, January 17, 2010
Vermont Community Wind Farm has decided to abandon Suzie’s Peak in Ira, Vermont, citing the location to be “too controversial and too problematic.” VCWF had planned to build an 80-megawatt wind farm in and around Ira, but met with public outcry and a potential veto from the Federal Aviation Administration, as the wind turbines may have posed a navigation hazard to nearby Rutland Airport. The company is still looking at 34 potential sites in Ira and nearby towns.
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The Death of 100LL Avgas. --- All Things Aviation, January 20, 2010
At a recent Aircraft Owners and Pilots Association Aviation Summit a number of aviation industry leaders commented that lead will be removed from aviation fuels in the near future, especially with the government’s growing concern for the environment. It is likely that legislation will soon be passed prohibiting lead in 100LL (Low Lead) avgas and requiring an unleaded version instead.
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Mount Pleasant’s Airport Could Add 40 Acres for Runway. --- Hilary Farrell, CentralMichigan Life, January 20, 2010
Airport officials are working on a plan to add 40 acres of land to Mount Pleasant Municipal Airport in Michigan so that the airport’s crosswind runway can be increased from 2,500 feet to 4,000 feet. Assessments for the site were approved last year and should be completed in late spring or early summer, after which the city will look further into purchasing the land. The assessments cost is $80,000 and the 40 acres will cost $100,000, with the assessments covered by federal and state grants and 97.5 percent of the parcel of land likely to be paid by federal grants as well.
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Potential Defects in Cockpit-Door Locks Worry Officials. --- Andy Pasztor, The Wall Street Journal, January 21, 2010
Cockpit-door locks installed on at least 1,600 widely used jetliners to keep intruders from accessing flight decks might be defective, worrying airlines and aviation authorities. The electrical controls or the bolts used to secure the doors can jam or fail to operate properly, and thousands of commercial jets worldwide will likely require some type of cockpit-door modification.
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Bellingham Airport to Shut Down for Much of September. --- John Stark, The Bellingham Herald, January 21, 2010
Bellingham International Airport in Washington could shut down for nearly three weeks in September 2010 for a $23 million project to resurface the runway and adjoining taxiway. The 6,750-foot runway is in poor shape and the resurfacing project will include improved drainage to extend the life of the new runway, while the 7,250-foot taxiway will be widened from 60 feet to 75 feet. All but $1.2 million of the cost of the project will be borne by the Federal Aviation Administration.
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FAA Sends Temporary Air Traffic Control Tower to Haiti.--- Federal Aviation Administration, January 21, 2010
The Federal Aviation Administration dispatched a portable, temporary control tower to Haiti to help assist with aircraft operations at Port-au-Prince International Airport. The tower is 44 feet long, 13 feet high and eight feet wide, and weighs about 25,000 pounds, with two diesel-powered generators and supporting fuel tanks, and tools other support equipment for installation and maintenance. This tower and others like it are often used by the FAA to support airports where existing towers are out of service after a disaster.
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Sussex Airport Owner is Ordered to Repay $372,000 He Embezzled From FAA. --- Joe Ryan, The Star-Ledger, January 21, 2010
Paul G. Styger, owner of a small airport in Sussex County, New Jersey, admitted to embezzling from the Federal Aviation Administration and was ordered by a federal judge to serve two years of probation and repay $372,000 to the government. Styger received about $3.1 million from the FAA beginning in 2004, but began pocketing money intended for upgrading the runway, airfield, and other facilities in 2007.
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Truckers Threaten to Go on Strike, Shut Airports. --- Fran Spielman, Chicago Sun-Times, January 22, 2010
Two thousand Chicago truck drivers may authorize a strike that could cripple vital city services like snow removal, garbage collection, and airport operation to protest Mayor Richard Daley’s decision to reduce their hours and “ignore” their contract. O’Hare and Midway airports could be shut down because only Federal Aviation Administration-approved drivers with certified background checks can drive on the tarmac and clear snow and ice from runways.
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Marana, Pinal Airpark Looking to Form a Partnership for Regional Shipping Center. --- Roger Yohem, Inside Tucson Business, January 22, 2010
Pinal Airpark and the town of Marana are discussing absorbing the airpark into the town’s economic development portfolio, a move that could make the airpark a regional shipping and distribution center for freight and cargo. A possible rail yard may be going in nearby, and with the interstate Pinal County would have a “three-legged stool” of economic development.
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County to Perform Wildlife Hazard Study at Arcata-EurekaAirport. --- McKinleyville Press Blog, January 22, 2010
The Humboldt County Public Works Department-Division of Aviation will conduct a 12-month Wildlife Hazard Assessment (WHA) to identify potential wildlife species and habitat conditions hazards to aircraft at Arcata-Eureka Airport. The study is being undertaken at the request of the Federal Aviation Administration, who will then determine whether a wildlife management plan will be needed for the airport. The WHA will identify potentially hazardous wildlife species on or near the airport, analyze wildlife attractants on and in the airport vicinity, and provide recommendations to avoid potential hazards.
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Airliner Forced to Land After Colliding With Bird. --- Joan Lowy, Associated Press, January 22, 2010
A large bird was sucked into the right engine of United Flight 915’s Boeing 757-200 shortly after takeoff on Friday, January 22, 2010. There were no injuries but the pilot quickly returned the plane to the airport and it landed safely.
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Airports Chief: Ease Restrictions on General Aviation at Reagan National. --- Brian Trompeter, Sun Gazette, January 23, 2010
Metropolitan Washington Airports Authority president James Bennett is eager to see post-9/11 restrictions on general aviation flights eased at Ronald Reagan Washington National Airport. Reagan National used to accommodate 10 to 12 general aviation flights an hour, but now handles just one or two a day. Carmine Gallo, administrator of the Federal Aviation Administration’s Eastern Region, said aviation officials are holding an ongoing and aggressive discussion about general aviation at Reagan National, but its proximity to the Pentagon and key landmarks in Washington, D.C. makes it an attractive potential terrorist target and thereby requires “extraordinary measures.”
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Wind Farms Run Into Turbulence With the FAA. --- Steven Taber, Aviation & Airport Development Law Blog, January 25, 2010
Many companies are developing plans for wind farms to help move the nation from its over-reliance on petroleum products for its energy needs and as a response to the current emphasis on renewable energy and sustainability. Wind companies are fending off Endangered Species Act lawsuits and other environmental issues, but now have to contend with the Federal Aviation Administration, which is raising the issue of wind farms’ potential obstructions to aviation.
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FAA Sets Deadline for Airport Funds. --- R.G. Edmonson, The Journal of Commerce Online, January 25, 2010
The Federal Aviation Administration has set a February 22, 2010 deadline for local airport authorities to apply for entitlement funds under the Airport Improvement Program. If local authorities do not meet the deadline, the agency will be unable to award the funds or declare them protected carryover funds, as the Airport and Airway Trust Fund expires on March 31, 2010. If Congress extends the Federal Aviation Administration Extension Act again towards a date later than March 31, the FAA can continue to grant funds under the improvement program.
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FAA Proposes Limits on Companies Hiring FAA Inspectors. --- Aeroclix, January 26, 2010
The Federal Aviation Administration is proposing to put limits on airlines and other operators hiring FAA safety inspectors and their managers for two years after those employees leave the agency. The rule would prevent such organizations and anyone who owns or manages a fractional ownership program aircraft from employing or contracting with former FAA inspectors and managers to represent them in agency matters, if the former employee had any direct oversight of the certificate holder in the preceding two years. The “cooling-off” period is designed to prevent any creation of the perception of inappropriate activities.
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GAO Report: Regional Airport Planning Could Help Address Congestion If Plans Were Integrated with FAA and Airport Decision Making. --- United States Government Accountability Office, December, 2009
A recent Government Accountability Office report recommends that the Federal Aviation Administration create a review process for regional airport system plans and give priority to funding airport projects that are consistent with those plans. A number of airports are or will be significantly capacity constrained and thereby congested within the next 16 years, and the development and implementation of regional airport plans would likely identify additional solutions to help relieve airport congestion.
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European Flight Agency Issues Safety Directive Regarding Sikorsky Chopper. FAA Also Issues Airworthiness Directive. --- Michael Macdonald, Associated Press, and Federal Register, January 27, 2010
The European Safety Agency and the Federal Aviation Administration have both issued directives that require the replacement of a key part in the Sikorsky S-92A helicopter, the type of helicopter involved in a crash off the coast of Newfoundland that killed 17 of the 18 people aboard. Both agencies are calling on operators of the Sikorsky Model S-92A helicopters to replace a filter bowl in the chopper’s main rotor gearbox, as loss of oil from the main gearbox filter, if not detected and corrected, could lead to main gearbox failure and likely result in the need to make an immediate landing.
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L.A.-Area Airports See Drop in Passenger Traffic in 2009. --- Dan Weikel, Los Angeles Times, January 27, 2010
Passengers handled by Los Angeles International Airport fell 5.5% from 59.8 million to 56.5 million in 2009, while traffic at nearby Ontario Airport dropped 9.6% to 4.9 million. Gina Marie Lindsey, executive director of Los Angeles World Airports, which operates LAX and Ontario, was optimistic, saying that passenger volumes for December 2009 were 3.6% higher than December 2008, and that the airports had been expected to “end the year worse off” than they were.
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FAA Seeks Checks of Pilot Oxygen Systems on Boeing Jets. --- Andy Pasztor, The Wall Street Journal, January 28, 2010
New rules proposed by the Federal Aviation Administration call for checks of some cockpit oxygen hoses that can catch fire if there is a short circuit in a nearby electrical panel. The rules would cover three separate Boeing models and come more than a decade after manufacturers first warned airlines that certain parts posed potential fire hazards. It is unusual for the FAA to wait so long to mandate safety actions in the wake of a manufacturer’s recommendation, but the agency does not apparently consider the hoses to be high-priority safety hazards because it has proposed giving carriers three years to complete the inspection and replacement efforts.
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Planes Get Too Close on Approach to LAX. --- Associated Press, January 26, 2010
An error by an air traffic controller allowed a commuter plane to get too close to a Boeing 767 on approach to Los Angeles International Airport last week. Pilots are required to maintain five miles of separation to avoid wake turbulence that can send smaller planes out of control, but an American Eagle Embraer E315 came within three miles of the tail of the Chilean-based LAN Airlines plane while flying at about 7,000 feet.
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FAA Cites Progress in Drive to Improve Commuter Airline Safety. --- Andy Pasztor, The Wall Street Journal, January 27, 2010
The Federal Aviation Administration said new government and safety initiatives have succeeded in lifting the overall safety of U.S. commuter airlines, with the improvements stemming in part from closer government oversight of pilot training and from moves by carriers to better identify and track weak pilots. In a report released Tuesday, January 25, 2010, most airlines were given generally high grades for their response to the FAA’s call to step up commuter safety last June, and there was much coverage of the agency’s efforts to improve safety.
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FAA Investigates Misuse of Lasers on Airplanes. --- Jonelle Merrill, ABC4.com, January 26, 2010
The Federal Aviation Administration is investigating incidents of lasers being pointed into cockpits--pilots from different airlines including Delta and Southwest reported four laser sightings within the space of an hour on Sunday, January 23, 2010. FAA spokesperson Mike Fergus for the Northwest Region pointed out that most laser sightings do not amount to much more than an annoyance for pilots, but that there have been incidents where a pilot has had to go to the hospital for some treatment. Lasers are especially dangerous because they can be found at most office supply stores and can fall into anyone’s hands.
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Group Says Wind Watch Project Impacts Need Review. --- Anne Adams, The Recorder, January 28, 2010
Highland County, Virginia citizens are concerned that Laurel Fork, the protected stream in western Highland, might be seriously affected by the planned industrial wind facility on nearby Allegheny Mountain. The group has asked the state Department of Conservation and Recreation to take another look at the potential impacts of the facility and to include public participation in a more thorough review, and if ignored, will look for help with other agencies and find other options available to ensure the stream is protected by the Clean Water Act.
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Airport Airing Concerns Ahead of Windmill Vote. --- Charles Owen Bluefield, McClatchy-Tribune Regional News, January 27, 2010
The chairman of the Mercer County Airport Authority in West Virginia said he will personally hand-deliver a letter of opposition to the Tazewell County Administrator, with a decision on a controversial wind turbine farm for East River Mountain only days away. The letter addresses the airport’s concern about safety with the windmills being on the mountain and doubling the height of the ridge, making the approach to Mercer County Airport more hazardous than it already is. Dominion and BP Wind Energy North America, the two companies that have proposed the construction of the wind farm, said they have already spoken to the Federal Aviation Administration and performed an initial analysis that showed no impact on the flight path at the airport.
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3rd Quarter 2009 Air Fares: Average 3rd-Quarter Domestic Air Fares Fell 14.4% From 3rd Quarter 2008; Top 100 Airports: Highest Fare in Huntsville, Lowest Fare at Atlantic City. --- Bureau of Transportation Statistics, January 28, 2010
Average domestic air fares in 2009 fell to their lowest July-to-September level since 2005, dropping 14.4 percent from the third quarter of 2008, the largest year-to-year decline on record. Third quarter average fares were up 1.7 percent from the second quarter of 2009, however. Of the top 100 airports based on 2008 operating passengers, the highest third quarter average fares were in Huntsville, Alabama, while the lowest fares were at Atlantic City, New Jersey. Only Savannah airport, among the top 100 airports ranked by originating passengers reported, a year-to-year average fare increase for the third quarter, at 2.5 percent.
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Wind Farms Run Into Turbulence with the FAA

Steven Taber — Mon, 25 Jan 2010 09:59:05 -0800

With the current emphasis on “renewable energy” and sustainability, along with a healthy dose of federal funding, many companies have been developing plans for wind farms to help move this nation from the grip of over-reliance on petroleum products for its energy needs. While barriers to their construction are not new, with wind turbine companies fending off Endangered Species Act lawsuit (endangered bats running into blades) and other environmental issues, the FAA recently raised an additional issue: obstruction to aviation.

On Wednesday, January 6, 2010, the FAA found that 15 of Gamesa’s proposed 30 wind turbines for Shaeffer Mountain in Somerset County, Pennsylvania, exceed “obstruction standards and/or would have an adverse physical or electromagnetic interference effect” on the airspace above the ridge or nearby airports and flight routes. Two days later, on Friday, January 8, 2010, the FAA ruled that one of the two wind turbines proposed for the Dartmouth, Massachusetts owned land is a hazard to air traffic and must be lowered.

The FAA may have learned its lesson, since back in April, 2008, it was told to go back to the drawing board with its “Does Not Exceed” determinations for a proposed wind farm above a proposed airport just south of Las Vegas in Ivanpah, Nevada. Clark County v. FAA. There, the court determined that the FAA’s findings flew in the data that the 400 ft towers would penetrate the FAA’s 40:1 slope and that 83 turbines would appear as a “fleet of jumbo jets” to the air traffic controllers.

It may be prudent, then, to review the process established by the FAA for determining if an object will be considered to be an “obstruction.”

Notification

Part 77 of the Federal Aviation Regulations (14 C.F.R., Part 77) establishes standards and notification requirements for objects affecting navigable airspace. This notification serves as the basis for:

Evaluating the effect of the construction or alteration on operating procedures
Determining the potential hazardous effect of the proposed construction on air navigation
Identifying mitigating measures to enhance safe air navigation
Charting of new objects.

Notification allows the FAA to identify potential aeronautical hazards in advance thus preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace.

Contents of Notification

In particular, § 77.13 provides when the FAA needs to be notified of the “construction or alteration” of an object:

Any construction or alteration exceeding 200 ft above ground level
Any construction or alteration
- within 20,000 ft of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.
- within 10,000 ft of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
- within 5,000 ft of a public use heliport which exceeds a 25:1 surface
Any highway, railroad or other traverse way whose prescribed adjusted height would exceed that above noted standards
When requested by the FAA
Any construction or alteration located on a public use airport or heliport regardless of height or location

Persons failing to comply with the provisions of FAR Part 77 are subject to Civil Penalty under Section 902 of the Federal Aviation Act of 1958, as amended and pursuant to 49 U.S.C. Section 46301(a).

FAA Determination

Once the FAA has completed an aeronautical study, a determination is made regarding the impact to air navigation. One of three responses is typically issued:

No Objection - The subject construction did not exceed obstruction standards and marking/lighting is not required.
Conditional Determination - The proposed construction/alteration would be acceptable contingent upon implementing mitigating measures (Marking & Lighting, etc.)
Objectionable - The proposed construction/alteration is determined to be a hazard and is thus objectionable. The reasons for this determination are outlined to the proponent.

If at any time during the aeronautical study, the proposed alteration is determined to be a hazard, the study is halted with no further consideration and an objectionable determination is issued.

After the Determination, Then What?

The real issue comes after the FAA has made its determination. By congressional mandate, the FAA cannotprohibit any construction activities. Instead, the FAA evaluates the proposed construction, and as necessary, works with the proponent to mitigate any impact that may result, even if it finds the obstruction to be a hazard and to be objectionable. A good case in point, again, comes from Las Vegas, where the Stratosphere Tower, completed in 1996, and the second-tallest structure west of the Mississippi River. When the Stratosphere was proposed, the FAA said it would present a hazard for air traffic control. But the tower was built anyway. And now, air traffic controllers account for the Stratosphere when guiding incoming and outbound traffic using Las Vegas McCarran’s north-south runway.

Instead, to make up for the lack of veto power, the FAA depends on collaboration with local jurisdictions to reduce conflicts between new structures and airspace. However, many local jurisdictions are loathe to enact laws that would restrict the height of buildings, even around airports due to fear of a “takings” lawsuit.

A New Edition of the California Airport Land Use Planning Handbook May Mean Trouble

Steven Taber — Fri, 22 Jan 2010 16:06:28 -0800

Developers and local land use jurisdictions beware. The California Department of Transportation (“CalTrans”) has initiated an update of the 2002 California Airport Land Use Planning Handbook which is scheduled to be completed in 2010. The Handbook provides guidance to County Airport Land Use Commissions (“ALUC”) in the imposition of height and other zoning and land use restrictions around airports.

An initial problem arises from the Handbook’s interpretation of the airport land use planning process as set forth in the California Aeronautics Act, Public Utilities Code § 21670, et seq. The California Supreme Court has defined airport land use plans as in the nature of “multi-jurisdictional general plans,” Muzzy Ranch Co. v. Solano County Airport Land Use Commission, 41 Cal.4th 372, 384 (2007), that often supercede local zoning at distances as great as five miles from the end of each runway. For land use jurisdictions, this means that carefully crafted local regulations within those areas are rendered essentially null, because land use jurisdictions must bring their general and specific plans into consistency with airport land use plans within 180 days of the airport land use plan’s approval, or overrule the approval of the Airport Land Use Plan by a two-thirds vote. Gov. Code § 65302.3.

For developers who are not vested in their development rights (i.e., who do not possess a development agreement, Cal. Gov. Code § 65864, et seq., vesting tentative map, see, e.g., Cal. Gov. Code § 66498.1, et seq., or building permits and substantial reliance thereon, AVCO Community Developers v. South Coast Regional Commission, 17 Cal.3d 785, 791 (1976)), this means that projects which were carefully planned to comply with local zoning regulations will now have to go back to the drawing boards.

A further problem is that the 2002 Handbook is surprisingly tone deaf with respect to the economic implications of its interpretation of the Aeronautics Act. For example, the 2002 Handbook recommends “safety zones,” i.e., areas of limited development off each end of runways, without so much as a nod to the general plan determined development patterns of existing communities, or to developments that are far along in the development process, e.g., possess specific plans, but are not yet vested. The Handbook’s interpretations of the Aeronautics Act thereby jeopardize the economic health of individual projects, and in some cases, entire regions. Finally, there is no reason to believe that the updated edition will be any more accurate or sensitive to economic reality, as the same cast of characters that developed the 2002 edition are in charge of the update.

Chevalier, Allen & Lichman strongly recommends that parties with land use interests around airports throughout California, both public and private, participate in the Airport Land Use Planning Handbook development process. Three public meetings will be held in the month of February: February 1, 2010 at Sacramento International Airport; February 3, 2010 at CalTrans District Office 6 in Sacramento; February 9, 2010 at Ontario International Airport in Ontario. Chevalier, Allen & Lichman will keep you apprised of future dates, such as that of the release of the draft Handbook update. Your participation is essential. It could mean the difference between a successful project and no project at all. Don’t hesitate to contact Chevalier, Allen & Lichman with any questions.

January 19, 2010 - Aviation and Airport Development Updates

Steven Taber — Tue, 19 Jan 2010 13:29:40 -0800

January 11, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past two weeks. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every Wednesday, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

DOT: Carriers Reach All-Time Timeliness, Baggage-Handling Highs. --- Jay Boehmer, Business Travel News, January 7, 2010
According to data released by the U.S. Department of Transportation, the 19 largest domestic airlines collectively recorded their best-ever monthly on-time performance in November and set a record for the lowest rate of mishandled bags. FlightStats, a flight tracking firm which gathers arrival and departure delay data in real time from airlines and from the Federal Aviation Administration systems, instead showed slightly poorer performance. The firm also reported that carriers did not do as well in December, thanks to winter storms.
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Daley Hints at Privatizing MidwayAirport. --- WLS-TV, January 6, 2010
Chicago Mayor Richard Daley hinted that he may try once again to privatize Midway Airport in Chicago, Illinois. The city has until February 1 to tell the Federal Aviation Administration what the next steps will be toward privatizing the airport. The mayor said he is willing to wait until the economy improves, after London’s Gatwick Airport just went through the process and was sold at a lower-than-expected price.
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County, FAA to Face Off OverAirport. --- Kelly Metz, The Morning Journal, January 7, 2010
Lorain County commissioners met with Federal Aviation Administration officials in Chicago, Illinois to discuss the county of Lorain County Regional Airport in Elyria, Ohio. The airport was supposed to be shut down on Dec. 31, but was able to stay open a few weeks past deadline. The commissioners will work with the FAA to determine possible solutions to keep the airport operating, as the FAA took action regarding the closing of the airport since the agency had more than $9.2 million in grants invested.
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More articles on this topic:

County Officials Meet with FAA About Airport, But Legal Battle Likely. --- Brad Dicken, The Chronicle-Telegram, January 8, 2010
The meeting between Lorain County officials and the Federal Aviation Administration was “very good, long, [and] intensive,” but there was no successful outcome and a legal battle is likely. The FAA warned the county that a move to close the airport would result in the agency launching an investigation to try to force the airport to remain in operation. The FAA could also ask a federal judge to issue an order to keep the airport operating, though the county would likely fight such a legal challenge and move forward with its plans to close the airport.
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FAA Offers Suggestions to KeepAirport Running. --- Kelly Metz, The Morning Journal, January 9, 2010
The Federal Aviation Administration would like to see Lorain County Regional Airport in Elyria, Ohio stay open permanently and suggested several alternatives to keeping the airport running, including the airport’s becoming self-sufficient. At a meeting with Lorain County officials the FAA discussed ways the airport could improve revenues that the county had not previously considered, and a spokeswoman for the agency said it plans to stay in close contact with Lorain County. The county is facing possible legal action from the FAA and potentially other organizations as well to keep the airport open.
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Commissioners Keeping Airport Open--For Now. --- Brad Dicken, The Chronicle-Telegram, January 12, 2010
Lorain County officials did not close Lorain County Regional Airport on Friday, January 9, as they had originally planned. They will instead take about a month to examine several options presented by the Federal Aviation Administration towards keeping the airport open.
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Dartmouth Wind Turbine Obstructs Airport Traffic, FAA Rules. --- Curt Brown, The Standard-Times, January 8, 2010
The Federal Aviation Administration ruled that one of two proposed wind turbines in Dartmouth, Massachusetts is a hazard to air traffic and must be lowered. The FAA’s review found that the north turbine’s height would have an adverse physical or electromagnetic interference upon air traffic at nearby New Bedford Regional Airport, and recommended lowering the height to 417 feet. A councilman said the town will conduct a site survey and attempt to win FAA approval for a height of 428 feet. Dartmouth’s application for the south turbine is still pending with the FAA.
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DOT Proposes Strengthening Lithium Battery Air Transport Rules. --- Brent Adams, Business First, January 9, 2010
The U.S. Department of Transportation proposed tougher standards for shipping lithium batteries and cells on cargo flights. The batteries would be labeled as “Class 9" materials, a DOT classification that means the batteries could pose a hazard when transported, and transport documentation would be required to notify the pilot in command of the aircraft of the presence and location of lithium batteries. Shippers like UPS applaud the rule for its safety and protection, but the battery industry is concerned that the DOT is creating “unnecessary and counterproductive inconsistencies” with global regulations.
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Roland S. Martin: Stop Whining About Airline Security. --- Roland S. Martin, The Cap Times, January 11, 2010
Americans are quick to condemn security lapses but act like spoiled children when tougher security measures are put in place. The president and Congress should buckle down to ensure all appointees in homeland security are in place instead of focusing on more congressional investigations, and Congress should stop funding pet projects and instead ensure that critical dollars are spent bolstering airport security.
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FAA Suggests $5 Million Available for Taxiway Repairs at MonroeAirport. --- Robbie Evans, The News Star, January 9, 2010
The Federal Aviation Administration has asked the city of Monroe to prepare plans for a $5 million runway project at Monroe Regional Airport in Louisiana, saying the project could be funded by economic stimulus monies. Monroe has already received some stimulus funding, along with federal, state, and local monies to construct a new airport terminal, but the city took the initiative to develop runway rehabilitation funds to increase its chances of receiving additional stimulus money for the airport complex.
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FAA Objects to Venice Plans to DowngradeAirport. --- Kim Hackett, Herald Tribune, January 11, 2010
The Federal Aviation Administration told Venice, Florida that it will not approve of the city’s efforts to downgrade Venice Municipal Airport. The FAA said that the city’s belief that a low aircraft count gives it grounds to shorten runways is “not correct” and that the needs of all airport users and tenants must be considered. A Council majority has made downgrading the airport a priority, but the FAA indicated it is willing to work with the city to solve some of its problems.
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LAX Votes to Ask FAA for Fee Collection Approval. --- KPCC Wire Services, January 11, 2010
The LAX Airport Commission voted to ask the Federal Aviation Administration for the authority to collect fees from airport passengers. Los Angeles World Airports, operator of LAX, collects a passenger facilities charge (PFC) of $4.50 per traveler, which is used to soundproof neighborhoods around the airport. If the FAA approves, the funds would be diverted to core and concourse improvement projects for the Tom Bradley International Terminal, and the rest would go toward replacing the north and south concourses at the terminal to provide more room for passengers and concessions.
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North Florida Airport Becomes Licensed Spaceport. --- Irene Klotz, Discovery News, January 11, 2010
Cecil Field in Jacksonville, Florida became the country’s eighth commercial spaceport, after finally winning an operator’s license from the Federal Aviation Administration. Jacksonville can start selling itself as a launching spot for space vehicles that take off and land horizontally, like airplanes. Jacksonville is currently the only spaceport on the east coast licensed to fly these types of spaceships, but Kennedy Space Center is looking at commercial uses of the shuttle’s landing runway, which NASA will not use much longer.
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FAA Issues 3 ADs re: 737s to Check for Fuselage Cracks and Inspect Fuel Tanks. --- Federal Register, January 12, 2010
The Federal Aviation Administration has issued three Airworthiness Directives targeting The Boeing Company 737 Series airplanes. The ADs require repetitive external non-destructive inspections to detect cracks in the fuselage skin and inspection of fuel tanks.
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Environment: ‘Can the Aviation Industry Ever Be Green?’... --- Mark Dowe, Mark Dowe’s Journal, January 13, 2010
Keeping emissions static will be a huge challenge for the aviation industry as passenger numbers rise, and cutting emissions on the scale required to meet carbon targets requires radical changes in how, or how much, we fly. The simplest way is to cut fuel use, and biofuels are another option, as they are “carbon neutral” and are a cheaper alternative to expensive kerosene. However aviation is perhaps the main industrial sector where real breakthrough technologies for making drastic carbon cuts will be hard to come by, and other sectors will have to make even deeper cuts to compensate or we will somehow have to live with less flying.
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Enviro Exceptions Sought for Major Construction Projects. --- John Howard, Capitol Weekly, January 14, 2010
The Schwarzenegger administration is seeking to exempt some 100 major construction projects from California environmental laws. The plan would block the power of the courts to review 25 projects each year from 2011 to 2014 and give final authority over the projects to his administration. The exemption plan has been denounced by environmentalists but is seen as a way of building jobs and stimulating the economy.
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DOT Unveils Improved Aviation Consumer and Enforcement Website. --- Department of Transportation, January 14, 2010
The Department of Transportation has redesigned and made more user-friendly its aviation consumer website, and air travelers will consequently find it easier to file complaints with the DOT about airline service, compare the historical on-time and baggage mishandling records of airlines, and find helpful tips about air travel. The site also features links to all of the Department’s information for air travelers, as well as links to other agency websites with useful material.
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October 2009 Airline Traffic Data: System Traffic Down 1.4 Percent from October 2008. --- Bureau of Transportation Statistics, January 14, 2010
Scheduled domestic and international passengers on U.S. airlines decreased by 1.4 percent in October 2009 in comparison to the same period in 2008, down by 0.9 million from 58.8 million. October was the 18th month out of the last 19 months with a decrease in passengers from the previous year.
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Statement by AIA President and CEO Marion Blakey on ADS-B Rollout in Gulf of Mexico. --- PRNewswire, January 14, 2010
Marion Blakey, president and CEO of the Aerospace Industries Association, commended the successful rollout of the ADS-B air-traffic control system in the Gulf of Mexico as a major step toward the modernization of America’s “outdated aerospace infrastructure.” She said the progress was encouraging but there is still much to be done; Congress must promote accelerated implementation of NextGen and incentivize further investment in aerospace infrastructure, which would generate more than 150,000 jobs through 2012.
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How Business Aviation Can Help the Haiti Crisis. --- Ed Bolen, National Business Aviation Association, January 14, 2010
The National Business Aviation Association has set up a specific and continually updated resource on the Association’s website where NBAA members can volunteer aircraft, supplies, and personnel to support earthquake relief efforts. The site will provide the latest operational information and help match available assets with people and organizations involved in coordinating missions into Haiti, and will also provide for online registry of NBAA member aircraft and other assets available to assist in relief efforts. Operators are encouraged to transport supplies and personnel to staging areas within the US, in addition to direct flights to and from Haiti.
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January 11, 2010 - Aviation and Airport Development Updates

Steven Taber — Mon, 11 Jan 2010 21:42:19 -0800

Climate Deal on Ships and Planes Seen Slipping Away. --- Pete Harrison, Reuters, December 16, 2009
Climate negotiators in Copenhagen said they are a long way from agreeing on emissions caps for shipping and aviation, which jointly produce 8 percent of the world’s climate-warming emissions. The two industries have called for aggressive carbon-cutting goals, but the climate talks were bogged down over technicalities. Negotiators are disagreeing over the most basic of questions, including whether targets should be set in Copenhagen or by the two United Nations bodies that oversee the sectors.
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Port Columbus Will Get $90.5 Million for New Runway. --- Marla Matzer Rose, The Columbus Dispatch, December 17, 2009
The Federal Aviation Administration awarded a $90.5 million grant to Port Columbus in Ohio, to help pay for the construction of a new south runway expected to open in 2013. Passenger numbers were down at both Port Columbus and nationally for 2009, but the Columbus Regional Airport Authority is expecting to see activity levels rebound and grow over time. The airport plans to pay for the rest of the project, estimated at $160 million total, from a $4.50 per person passenger facility charge.
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FAA Reports Receipt of Noise Compatibility Program Update and Request for Review for ModestoCity-CountyAirport. --- Federal Register, December 18, 2009
The Federal Aviation Administration announced that it is reviewing a proposed noise compatibility program update that was submitted for Modesto City-County Airport in Modesto, California. The proposed noise compatibility program update will be approved or disapproved on or before June 6, 2010.
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FAA Could Be Player in Airport Closure Battle. --- Cindy Leise, The Chronicle-Telegram, December 18, 2009
Lorain County commissioners have been debating closing Lorain County Regional Airport in Elyria, Ohio as they meet to approve a 2010 budget. The closure of the airport could result in a lawsuit, however, as the Federal Aviation Administration has given Lorain County millions of dollars over the years and expects the airport to remain open. The county commissioners are exploring options to keep the airport open while discussing closure.
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More articles on this topic:

Transit, Airport Changes Coming January 15. --- Cindy Leise, The Chronicle-Telegram, December 29, 2009
Lorain County commissioners plan to close Lorain County Regional Airport in Elyria, Ohio on January 15, and possibly eliminate some transit routes. Commissioners cut their $500,000 of support for transit and are working to bring in extra federal money, but the county does not yet know how much might be forthcoming and cannot solidify plans at this time. Johnson Aviation Co., which sells fuel at the airport, has retained an attorney to challenge whether the county can eliminate financial support for the airport and close it. There is no word yet from the Federal Aviation Administration as to what action is planned to prevent a closing.
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County, FAA to Face Off OverAirport. ‑-- Kelly Metz, The Morning Journal, January 7, 2010
Lorain County commissioners met with Federal Aviation Administration officials in Chicago, Illinois to discuss the county of Lorain County Regional Airport in Elyria, Ohio. The airport was supposed to be shut down on Dec. 31, but was able to stay open a few weeks past deadline. The commissioners will work with the FAA to determine possible solutions to keep the airport operating, as the FAA took action regarding the closing of the airport since the agency had more than $9.2 million in grants invested.
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U.S. Airlines Must Let Passengers Off Stuck Planes. --- John Hughes, Bloomberg, December 21, 2009
Under a new federal rule, U.S. airlines must let passengers off planes that are stuck on airport tarmacs after three hours, as well as provide drinking water and snacks after two hours. Airlines that don’t comply could face fines of up to $27,000 a passenger. Carriers oppose the standard, because they believe it will lead to more canceled flights and greater passenger inconvenience. Though the rule applies only to domestic flights, those flights would be exempt if pilots cite safety or security concerns, or if air-traffic controllers determine that returning a plane to the gate would disrupt airport operations.
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New DOT Consumer Rule Limits Airline Tarmac Delays, Provides Other Passenger Protections. --- Department of Transportation Press Release, December 21, 2009
The new Department of Transportation consumer rule limiting airline delays will significantly strengthen consumer protections. DOT Secretary Ray LaHood said that “airline passengers have rights,” and that the new rules will require airlines to live up to obligations to treat their customers fairly. The rule was adopted in response to the high incidence of flight delays and other consumer problems.
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DOT’s 3-Hour Limit on Tarmac Delay Holds - Does It Help or Will Just Make Things Worse? --- Steven Taber, Aviation & Airport Development Law, December 22, 2009
The Department of Transportation’s new rule governing passengers’ treatment for delayed flights enhances passenger protections, but could make things worse in terms of consumer friendliness. Airlines might cancel flights instead of having them wait, for example, and the rule might actually limit passengers’ legal remedies.
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FAA Reminds Employees to Act With Decorum. --- Associated Press, December 22, 2009
Hidden television news cameras showed Federal Aviation Administration employees partying while they were in Atlanta for a $5 million training program, prompting the FAA to remind its employees to act with decorum. The footage showed some of the employees drinking heavily and going to local bars after the meetings.
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Few Aviation-Related Injuries Involve Commercial Craft, Data Show. --- Nicholas Bakalar, The New York Times, December 21, 2009
Researchers analyzing data from 2000 through 2006, gathering information on crashes, parachuting accidents, and other injuries found that more than 1,000 people are hospitalized for aviation-related injuries, with only one-tenth of them passengers in commercial aircraft. The military services established effective surveillance systems to track aviation injuries, but the sources of information on nonmilitary injuries is not as complete.
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FAA Accepts Luis Munoz Marin Airport In Privatization Program. --- Wall Street Journal, December 23, 2009
The Federal Aviation Administration accepted a preliminary application from Puerto Rican airport officials to enter Luis Munoz Marin International Airport into the agency’s airport-privatization program. Puerto Rico can now begin soliciting bids from private investors who may be interested in operating the airport.
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Airlines Turn to Biofuel.

--- Sarah Nassauer, Grace L. Williams, and Angel Gonzalez,

Wall Street Journal

, December 24, 2009

Fifteen major airlines and air-cargo companies are negotiating to buy billions of gallons of fuels made from vegetable oil, coal, and petroleum coke, a petroleum-refining byproduct. The fuel has a smaller carbon footprint than petroleum, and the Federal Aviation Administration recently approved use of this type of fuel in commercial flights when blended equally with traditional jet fuel. However, though these fuels burn more cleanly than traditional jet fuel, there is only a “small reduction” of emissions over the life cycle of the product.

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Court Nixes Defense in FAA Squatting Case. --- Annie Youderian, Courthouse News Service, December 28, 2009
The Court of Federal Claims granted a motion striking one of the government’s defenses in a rental property dispute after the Federal Aviation Administration admitted that it kept operating an aircraft guidance station on leased property in Mississippi after its lease expired.
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D/FW Airport Gets $2.3 Million to Rehab One of Its Main Runways. --- Andrea Ahles, Sky Talk, December 29, 2009
Dallas/Fort Worth International Airport in Texas will receive $2.3 million in federal stimulus dollars for a runway rehab program. Construction on the project is expected to start soon and will include the rehabilitation of concrete slabs and joint repairs on the 13,400-foot runway. The project is one of 360 airport-related projects being given $1.1 billion in funds from the American Recovery and Reinvestment Act.
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AA Mechanics Lobby Congress: Union Officials Say Unsupervised Offshore Airline Maintenance Facilities May Pose Safety Risks. --- D.R. Stewart, Tulsa World, December 16, 2009
U.S. airline mechanics are lobbying Congress to require more oversight of foreign repair stations, citing lax security and the absence of drug and alcohol testing. Many U.S. carriers have tried to cut costs by outsourcing aircraft maintenance to domestic and foreign providers, and the Federal Aviation Administration does not properly supervise the foreign maintenance.
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10,000 Tasks Later, Delta Merger Complete. --- United Press International, December 29, 2009
The Federal Aviation Administration has been reviewing the merger between Delta and Northwest Airlines and a spokeswoman said it is ready for an official stamp of approval. The regulatory review included scrutiny of the merger from the point of view of safety, including operations, training, policies, and paperwork.
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Wind Turbine Rises Up at Major Vermont Airport. --- Nino Marchetti, Earth Techling, December 30, 2009
A 100-foot wind turbine has been installed at Burlington International Airport in Vermont, a first in the United States. In conjunction with a 25kW solar electric system and a solar hot water system, the combined energy products will reportedly offset approximately $14, 600 in energy costs each year and produce enough energy to power over 40 Vermont homes. The wind turbine installation underwent intense scrutiny from the Federal Aviation Administration before it was given the green light.
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FAA and Taxpayers Prop Up Small, Little-Used Airports. --- Thomas Frank, USA Today, December 31, 2009
A USA Today analysis shows that the Federal Aviation Administration has given $240 million to upgrade airports owned by businesses and used exclusively for private airplanes. Most airports that get federal grants are owned by cities or counties, while this money has aided about 50 privately owned airports. The FAA responded that the privately funded airports benefit the public by providing landing areas for private airplanes that would otherwise congest nearby commercial hubs, but is considering more stringent policies.
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O’Hare to Get Body Scanners. --- Mary Wisniewski, Chicago Sun-Times, December 30, 2009
O’Hare Airport in Chicago, Illinois will be getting body-scanning security equipment sometime this year, raising concerns with privacy advocates who worry that the equipment would interfere with passengers’ rights. Billie Vincent, former head of security for the Federal Aviation Administration and Chicago Aviation Commissioner Rosemarie Andolino both said such scanners are overdue and necessary for O’Hare. The technology can reveal plastic or chemical explosives and even non-metallic weapons.
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Airpark Arouses Interest of Lawmakers.
U.S. Senators Ron Wyden and Jeff Merkley and U.S. Representative Kurt Schrader sent a collective letter to the Federal Aviation Administration seeking clarification of a recent FAA memo addressing “Through The Fence” agreements. The memo indicated that the FAA was opposed to such agreements and that public airports not in compliance with TTF rules could forfeit federal funding. The legislators wrote to the FAA to ask what the memo would mean to Independence Airpark and any TTF agreements it currently has with the Oregon Department of Aviation and the FAA.
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FAA Watching American After December Mishaps. --- Eva-Marie Ayala, Star-Telegram, January 1, 2010
The Federal Aviation Administration increased oversight of American Airlines after three mishaps during landings in December, involving jetliners’ wingtips touching the ground during landings and a plane overshooting the runway. The FAA is reviewing those events to determine whether they might be indicative of a larger issue, and there may be additional enforcement actions.
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Flight Crews Have Latitude in Pegging Threatening Behavior. --- Hugo Martin, Los Angeles Times, January 2, 2010
The Transportation Security Administration has given airline crews new discretion to deal with threats on U.S.-bound planes, but flight crews and passengers have often differed over what is acceptable behavior on a plane. Flight crews have the final say, however, because they act on the pilot’s behalf and thereby share the pilot’s authority as to the operation of the aircraft.
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Pilots Warn of Safety Lapses at Regional Airlines. --- Alexandra Andrews, ProPublica, December 30, 2009
Regional airlines usually team up with major airlines to offer cheap costs in exchange for the major airline’s name on its flights, but safety measures can fall along with the price. Bloomberg News found a disconcerting number of safety concerns at regional airlines, and Senator Mark Begich, a member of the aviation subcommittee, said the Federal Aviation Administration has failed to ensure regional airlines are as safe as their major partners.
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Safety Issues Persist as Air Deaths Drop. --- Daniel Michaels, Wall Street Journal, January 5, 2010
Though last year was one of the safest in decades for airline passengers, many of the incidents that did occur highlight basic safety shortcomings. The rate of major accidents dropped sharply over the past decade with most of the improvement accomplished by 2005, and has held roughly steady for the past 5 years. The data show a “mixed picture” because many accidents are now survivable as a result of improvements in airplane design and safety features.
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Crowd Against Passenger Service at Paine Field. --- Lynn Thompson, The Seattle Times, January 4, 2010
Residents of Mukilteo and its surrounding communities in Washington told the Federal Aviation Administration that introducing passenger service at Paine Field would cause significant commercial impacts and turn the pleasant suburbs into a place of “noise, traffic, motels and declining property values.” Some business and economic-development leaders do support the introduction of passenger service, citing quieter planes and stating that adding commercial service would create no significant impact. The Federal Aviation Administration will hold two more hearings to take public comment on the environmental assessment released in December for the proposal.
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Dartmouth Select Board OKs Permit for Two Wind Turbines. --- Curt Brown, The Standard-Times, January 5, 2010
The Select Board in Dartmouth, Massachusetts unanimously approved a permit for 328-foot wind turbines on town-owned land off Chase Road. Voters will be asked to approve financing for the turbines at a special Town Meeting on January 26 for the $9.2 million project. The project will also have to be reviewed by the town’s Conservation Commission, the Department of Environmental Protection, the Federal Aviation Administration, and the Massachusetts Aeronautic Commission. There is a possibility that a group of residents in the Chase Road area will bring legal action against the town to stop the project.
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Shaffer Mountain Wind Farm Permit Process Ongoing. --- Dan DiPaolo, Daily American, January 4, 2010
Developers of Shaffer Mountain Wind Farm in Pennsylvania are continuing with the state and federal permiting process for the 30-turbine project. A previous permit expired and wind energy developer Gamesa Energy USA is seeking second approval from the Federal Aviation Administration. Opponents of the project believe it would negatively impact the area, and FAA officials found 15 of the 30 turbines were presumed hazards and will need further study of the project.
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Somerset Wind Turbines Seen as Aviation Hazard. --- Don Hopey, Pittsburgh Post-Gazette, January 6, 2010
The Federal Aviation Administration found half of the 30 windmills proposed by Gamesa Energy USA for a wind power project a hazard to aviation, but the project will require further study. The FAA said even a final determination would not stop the development because the agency lacks the federal authority to do so, but the FAA could work with the developer to alter the height and location of the turbines.
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Airpark’s Federal Grant Afloat in Jet Stream of Controversy. --- Andrew Eder, The News Journal, January 5, 2010
Delaware Airpark in Cheswold is one of many small airports across the country that depend on federal money for capital improvements. The airport does not make enough money to cover its expenses but received a $909,806 grant that it is using to build a new 4,200-foot runway. Critics say there needs to be harder scrutiny as to which airports should receive the grants, which are disproportionately given to airports with few or no paying passengers and benefit only a small group of private pilots.
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Midway Airport Privatization Prepares to Take Off Again. --- Paul Merrion, Chicago Business, January 5, 2010
Chicago is close to completing its plans to revive privatization of Midway Airport in Illinois. Flight volume at Midway was up 4% and passenger traffic was up more than 14% in November, compared with the same month in 2008. Talks will likely resume soon with potential investors and operators who previously bid on privatizing Midway last year, but Southwest Airlines is still onboard with the city’s legal and financial team.
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Daley Hints at Privatizing MidwayAirport. --- WLS-TV, January 6, 2010
Chicago, Illinois Mayor Richard Daley hinted that the city may push to privatize Midway Airport once the economy improves. A deal fell apart last spring because of financing issues, but the mayor said it is “very progressive” legislation that cities have done all over the world.
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Bakersfield Airport Shut After Hazardous Material is Found in Checked Bag. --- Dan Weikel, Los Angeles Times, January 5, 2010
Bakersfield Airport in California was shut down and some arriving flights were diverted to nearby Los Angeles International Airport after a hazardous material was found in a checked bag. A hazardous material crew and bomb squad were also called to the airport.
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FAA Issues Final Rule Allowing the Use of Additional Portable Oxygen Concentrator Devices Onboard Aircraft. --- Federal Register, January 6, 2010
The Federal Aviation Administration announced a new final rule that will allow the use of four additional portable oxygen concentrator (POC) devices on board aircraft. When the rule becomes effective there will be 11 different FAA-suitable POC devices acceptable for onboard use. Passengers will be able to carry these devices on board the aircraft and operate them with the approval of the aircraft operator.
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EPA Proposes to Expand Lead Monitoring. --- Aviation News, January 6, 2010The Environmental Protection Agency proposed to expand the lead air quality monitoring network to include sources that emit a half ton or more of lead annually, compared to the current threshold of one ton a year. The proposed changes would expand the existing network by approximately 140 sites, and airports would be treated the same as other sources of lead when determining if source-oriented lead monitoring is needed.
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Considering Closing an Airport? Be Careful! The FAA Has Set Many Pitfalls to Trap You.

Steven Taber — Fri, 08 Jan 2010 14:51:11 -0800

Your local airport is becoming a drain on the local economy. Sure, it provides a few jobs, adds a certain cachet to the area and provides a hobby for the few people who can afford to purchase and maintain aircraft. But the annual expense of keeping the airport running – and running safely - is becoming more and more like a lead weight on your budget. “Let’s just close the thing,” you say. But wait, remember all that money you accepted from the FAA as part of the AIP grant program to lengthen the runway, pay for new taxiways, and purchase property? The FAA remembers. And before you can close the airport, there are many hurdles to clear set by the FAA to discourage the closure of airports.

1. Take A Look At The Grant Assurances

First, take a look at the documents in your possession – the grant agreements you received from the FAA and signed as a condition of receiving the grants. As you are no doubt aware, under various Federal grant programs, you have agreed to assume certain statutorily defined obligations pertaining to the operation, use and maintenance of the Airport [49 U.S.C. § 47107(a)], that are described and implemented in FAA Order 5190.6B and memorialized in the application for Federal assistance as Grant Assurances, which become a part of the grant offer and bind the grant recipient contractually upon acceptance. 49 U.S.C. § 47107(a); FAA Order 5190.6B, “Guide To Sponsor Obligations” pp. 2-13 to 2-18.

The Grant Assurances primarily relevant to a proposed Airport closing or “deactivation” and reuse for non-aviation purposes are as follows. First, you, the airport sponsor, may not “sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property ... for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary [of Transportation].” See, e.g., Grant Assurance C.5.b. FAA regulations expand on this requirement. All of the land shown on Exhibit A to each grant constitutes the airport property obligated for compliance under the terms and covenants of the grant agreements. FAA Order 5190.6B. The airport sponsor is obligated to obtain FAA consent to delete any land so described and shown. Id. FAA consent shall be granted only if it is determined that the property is not needed for present or foreseeable public airport purposes. Id. Accordingly, if the airport sponsor’s Airport deactivation planning includes the sale, lease, encumbrance, or other transfer or disposition of its interests in the Federally obligated property, it: (1) must first obtain approval from the Secretary; by (2) establishing that the land to be alienated is no longer “needed” for public airport purposes.

Second, the airport sponsor is obligated to “suitably operate and maintain the airport and facilities. . . Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary . . . [the Sponsor] will not cause or permit any activity or action thereon which would interfere with its use for airport purposes.” See, e.g., Grant Assurance C.19.a. This obligation to maintain the Airport includes the responsibility to operate the aeronautical facilities and common use areas for the benefit of the public. FAA Order 5190.6B, p. 2-15. Therefore, the airport sponsor “is more than a passive landlord of specialized real estate,” and has a continuing obligation to operate and maintain the Airport facilities. Id. For this reason, the airport sponsor may not cease to operate the airport prior to obtaining a release of its Grant Assurances from the FAA.

Third, “[f]or land purchased under a grant for airport development purposes (other than noise compatibility), [the airport sponsor] will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary [of Transportation] an amount equal to the United States’ proportionate share of the fair market value of the land.” See, e.g., Grant Assurance 31.b.1. The United States’ share will either be reinvested in the national airport system or be deposited in the Aviation Trust Fund. Accordingly, the airport sponsor must either dispose of the land obtained with Federal grant funds at fair market value, paying a proportionate share to the Secretary, or make that proportionate share available to the United States without disposing of the property. Therefore, whether the airport sponsor chooses to dispose of the property purchased with Federal funds, maintain it for a public purpose other than aviation, or use it for non-public purposes, the airport sponsor must repay a proportionate share of the current fair market value of the land to the Federal government. There is no longer any limit on the duration of the terms, conditions, and assurances regarding real property acquired with Federal funds. [See, Grant Assurance B.1; FAA Order 5190.6B, p. 2-14]

Federal regulations distinguish between the treatment of grants for the purchase of real property and those for airport development or improvement purposes. With respect to facilities developed or equipment obtained with Federal funds, the Assurances remain in effect for the useful life of the facilities developed or equipment acquired [See Grant Assurance B.1; FAA Order 5190.6B, p. 2-13], although this period may not exceed twenty (20) years from the date the grant offer was accepted. Id.

In summary, deactivation of the Airport would require approval by the Secretary of Transportation and payment of the FAA’s proportionate share of the FMV of all real property acquired with Federal funds, as well as coordination with the FAA with respect to the disposition of grants made for airport development or improvement.

2. Federal Regulations Allow the Release of the Airport Sponsor’s Obligations under the Grant Assurances.

Despite the seemingly unequivocal requirements of the Grant Assurances, the FAA has established procedures that allow the release, modification, reformation or amendment of airport agreements, including grant agreements, under certain prescribed circumstances. Specifically, “[w]ithin the specific authority conferred upon the Administrator by law, the FAA will, when requested, act to release, modify, reform, or amend any airport agreement to the extent that such action will protect, advance, or benefit the public interest in civil aviation.” FAA Order 5190.6B Section 22.31 (emphasis added). The FAA may grant relief from specific limitations or covenants of an agreement, or grant a complete and total release which authorizes the subsequent disposal of obligated airport property. Id. The FAA’s release may apply to specific facilities and parcels of land acquired with Federal assistance, which ultimately results in a partial airport closure, or disposal of an entire airport.

a. Deactivation, or Permanent Closure of the EntireAirport.

An airport sponsor may request the release of obligations for an entire airport. FAA Order 5190.6B, Section 22.20. ARP-1's concurrence is required before granting any release that would enable the disposal of an entire airport for non-aviation purposes. Moreover, each request to release an entire airport is considered by ARP-1 on a “case-by-case” basis without limitation to the guidance in FAA Order 5190.6B. In other words, the terms under which deactivation is allowed are expressly left to the complete discretion of ARP-1.

1. Constraints on ARP-1' s Discretion.

Clearly, however, ARP-1's discretion is not unlimited. It will be guided, at least to some extent, not merely by the Grant Assurances, as set forth above, but also by applicable parallel Federal regulations and procedures. For example, where a release is sought to permit sale and disposal of land purchased with grant funds, apparently including deactivation, it must be demonstrated at minimum that (1) the land is no longer “needed” for airport purposes; and (2) the airport will repay that portion of the property’s FMV proportionate to the Federal Government’s share of the cost of the acquisition of such land, which sum is to be deposited in the Aviation Trust Fund. FAA Order 5190.6B, Section 22-19.

2. Procedural Requirements.

Generally, the request for release must: (1) be in writing and signed by a duly authorized official of the airport owner [FAA Order 5190.6B, Section 22.23]; and (2) be specific, including the facts and circumstances justifying the request [FAA Order 5190.6B, Section 22.24]. The FAA will take into consideration factors such as: (1) the past and present owner’s compliance record under all its airport agreements and its actions to make available a safe and usable airport for maximum aeronautical use by the public; (2) evidence that the owner has taken or agreed to take all actions possible to correct noncompliance situations at the airport, if applicable; (3) the reasonableness and practicality of the owner’s request in terms of aeronautical facilities which are needed and the priority of need; (4) the net benefit to be derived by civil aviation and the compatibility of the proposal with the needs of civil aviation; and (5) consistency with the guidelines for specific types of releases. FAA Order 5190.6B, Section 22.27.

3. Applicable Policy Determinations.

Moreover, the FAA must also make at least one of several policy determination, those potentially applicable here include that: (1) the public purpose which a term, condition, or covenant of an agreement, or the agreement itself, was intended to serve is no longer applicable; or (2) the release, modification, reformation, or amendment of an applicable agreement will not prevent accomplishment of the public purposes for which the airport or its facilities were obligated, and such action is necessary to protect or advance the interest of the United States in civil aviation; or (3) the release, modification, reformation or amendment will conform the rights and obligations of the owner to the statutes of the United States and the intent of Congress consistent with applicable law. FAA Order 5190.6B, Section 22.28.

b. Treatment of Airport Improvements Other than Land.

Finally, where a release is sought to abandon, demolish or convert grant-funded improvements, other than land, the FAA must find that: (1) the grant agreement involved has expired; or (2) the facility in question is no longer needed for the purpose for which it was developed; or (3) the useful life of the facility in question has expired

Despite the inherently discretionary nature of FAA regulations governing deactivation, it seems clear that, for real property they require, at a minimum: (1) repayment of a sum (some proportion of the current FMV of the real property purchased with FAA funds) which is substantially in excess of the original amount of the FAA Grants, but which can theoretically be obtained through resale or development of the Airport property; and (2) successful argument that the deactivation will benefit the National Air Transportation System, which can be based upon the substantial benefit to be derived from the airport sponsor’s deposit in the Aviation Trust Fund of the sum required to compensate the FAA for deactivation, which can then be used for the development and improvement of other airports in the system.

3. Conclusion

The deactivation of an airport is not impossible, but it is tricky and complex due to the fact that most airports have accepted federal funds to keep the airport operating safely. This post should not be used as an exhaustive “how-to” on closing an airport, and it would behoove airport sponsors contemplating closure to consult with an attorney who is cognizant of the complex and often confusing regulations surrounding airports and grant assurances.

New TSA Regulations Are Arbitrary and Capricious

Barbara E. Lichman — Tue, 05 Jan 2010 11:09:03 -0800

The January 2, 2010 edition of the Los Angeles Times contained an op-ed piece by David Steinberg (not the comedian, but a screenwriter from Santa Monica). The editorial beautifully capsulizes the irrationality of the Transportation Security Agency’s response to the recent attempted bombing of a Delta airliner bound for the United States from Amsterdam in which the TSA instituted regulations during an overnight session (when participants were apparently not fully awake). Those regulations, governing incoming flights to the U.S. from certain foreign airports, include requiring that passengers remain locked in their seats during the last hour of flight, and removal of all pillows and blankets to overhead bins during the same period.

In his editorial, Mr. Steinberg recounts his family’s odyssey home from a vacation in Aruba the day after the attempted bombing. Their adventure included: (1) the baggage handler, designated as “frisker,” becoming embarrassed as he patted down Mr. Steinberg’s four year old son; (2) the same “frisker” apparently recognizing the absurdity of his act, gratefully passing on the frisk of Mr. Steinberg’s two year old daughter; and (3) Mr. Steinberg’s two year old screaming “bloody murder” as the flight attendant yanked the pillow from under her head.

Honestly, when does enough arbitrary and capricious regulation become enough? First, the government mandates that passengers have to practically disrobe to get on a plane. Now the government wants to regulate when passengers can go to the bathroom once they get there. And for all that nonsense, the attempted bomber got on the plane to the United States, with explosives, not in his shoes, but in his underwear! Does that mean passengers will now have to take off their underwear and put it through the scanner?

The answer is now, and has always been, the same: (1) better information coordination between responsible agencies; (2) full body scanners that take off our underwear for us; and (3) criminal (not racial) profiling.

The last two are controversial. With respect to full body scanners, the American Civil Liberties Union and other civil liberties groups have taken the position that scanners are impermissibly intrusive. However, the level of their intrusion should be weighed against existing regulations that require removal of shoes, belts and coats in public, and ultimately allow pat downs of innocent citizens, not by trained law enforcement, but by “baggage handlers” as in Mr. Steinberg’s case.

The last, profiling, may be the most difficult of all, because it smacks of the “bad old days” when law enforcement impermissibly profiled on the basis of race, ethnicity, and sometimes gender. But that is not the kind of profiling being suggested here. Criminal profiling is different in that it brings together many factors in a person’s past and present, including criminal history, recent travel, employment and, if relevant, ethnicity. While we abhor profiling in its usual incarnation, it too must be weighed against the victimization of innocent travelers by ill considered, intrusive, and ultimately useless regulation.

In the end, Mr. Steinberg said it best - “How long are we going to tolerate increasingly preposterous and obviously useless rules in the name of security? . . . What if it takes six hours to get from the curb to the plane because next year’s lunatic tries to break the plane’s window with his bare skull and so the TSA decides every man, woman and child needs to be outfitted with padded headgear? There’s got to be a better way. A system that keeps us safe without impinging on the civil liberties we cherish. A system whereby suspicious individuals get scrutinized, and everyone else gets to sleep on their own pillows.”

Greenhouse Gases Should Be Considered in All EISs and EAs

Steven Taber — Mon, 04 Jan 2010 15:17:30 -0800

On 40^th Anniversary of the National Environmental Policy Act (NEPA), Jim Tankersley of the Los Angeles Times wrote that

The White House is poised to order all federal agencies to evaluate any major actions they take, such as building highways or logging national forests, to determine how they would contribute to and be affected by climate change, a step long sought by environmentalists.

The Presidential Order would most likely issue from the Council on Environmental Quality, an organization set up by NEPA to oversee the NEPA process. Mr. Tankersley’s article goes on to report that that

The head of the White House Council on Environmental Quality, Nancy Sutley, said in an interview this week that federal agencies "should think about both the effect of greenhouse gas emissions, and the effects of climate change, on decisions they make."

She added that the administration's decision was not yet final.

The White House was originally petitioned in 2008 to formally recognize climate considerations under NEPA, but the White House has not taken any action since then.

However, federal agencies may already be required to include an analysis of climate in their Environmental Impact Statements (EISs) and Environmental Assessments (EAs). NEPA does not mention specific areas that federal agencies must analyze to complete EISs and EAs. Instead, it states that the federal agency shall analyze the effect the federal project will have on the environment, without specifically mentioning any particular areas that need to be examined. Thus, it could be argued that federal agencies should already be examining the effect of the federal project on climate change since that is an “environmental effect” within the purview of NEPA.

As Mr. Tankersley’s article points out, some federal agencies have already taken upon themselves to consider effects on climate. Moreover, there is a growing body of caselaw indicating that the courts are beginning to rule that federal agencies should consider the effect their projects will have on the environment. The U.S. Circuit Court of Appeals for the Ninth Circuit recently held in Center for Biological Diversity v. National Highway Transportation Safety Administration that the NHTSA was required to examine in its EIS the effect of greenhouse gas emissions from the federal project. In coming to that conclusion, the 9^th Circuit summarized the following findings from International Panel on Climate Change reports and other sources:

Carbon dioxide concentrations increasing over the 21st century are virtually certain to be mainly due to fossil-fuel emissions;

The average earth surface temperature has increased by about 0.6 degrees;

There have been severe impacts in the Arctic due to warming, including sea ice decline;

Global warming will affect plants, animals, and ecosystems around the world. Some scientists predict that it will cause 15 to 37 percent of species in certain regions to be extinct;

Global warming will cause serious consequences for human health, including the spread of infections and respiratory diseases;

Climate change is associated with increasing variability and heightened intensity of storm such as hurricanes;

Climate change may be non-linear, meaning there are positive feedback mechanisms that may push global warming past a dangerous threshold (the“tipping point”).

Center for Biological Diversity v. NHTSA, 508 F.3d at 522-23. To the Court, these findings indicate that emission of greenhouse gases substantially contribute to climate change, and climate change is expected to result in widespread adverse environmental effects. Therefore, it should be mentioned in the EIS. See also, Friends of the Earth, Inc. v. Mosbacher, 488 F.Supp.2d 889 (N.D. Cal. 2007); Border Power Plant Working Group v. Department of Energy, 260 F.Supp.2d 997 (S.D. Cal. 2003); and Mid-States Coalition for Progress v. Surface Transportation Board, 345 F.3d 520 (8^th Cir. 2003).

In addition, NEPA contains a provision that could be taken to require federal agencies to consider the impact of the greenhouse gas emissions created by the federal project. Section 102(F) of NEPA, 42 U.S.C. 4332(F) states that “all agencies of the Federal government shall:”

Recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind’s world environment.

To be sure, an order from the White House would be beneficial in establishing a nationwide policy and prompt recalcitrant agencies to require consideration of climate change in their EISs and EAs. At least in the Ninth and Eighth Circuits, however, one could argue that the courts have taken the view that NEPA already requires exactly what the order would seek to implement.

DOT's 3-Hour Limit on Tarmac Delay Holds - Does It Help or Will Just Make Things Worse?

Steven Taber — Tue, 22 Dec 2009 20:45:35 -0800

Secretary of Transportation Ray LaHood announced on Monday, December 21, 2009, that DOT was was issuing its Final Rule "enhancing airline passenger protections" by, among other things, limiting airlines to three hours waiting on the tarmac before requiring that the aircraft return to the terminal and allow the passenger to disembark. The only exceptions allowed would be if the safety or security of the aircraft (as determined by the pilot in command) would not allow a return to the terminal or if air traffic control advises the pilot that returning to the terminal would disrupt airport operations.

In addition, airlines are required to provide adequate food and potable drinking water for passengers within two hours of the aircraft being delayed on the tarmac and to maintain operable lavatories and, if necessary provide medical attention.

The passengers' rights advocates were understandably jubilant that the rule had come to pass - particularly since the "Passenger Bill of Rights" that was part of the FAA Reauthorization Act of 2009 has stalled in the Senate. Kate Hanni, Flyerrights.org's president and founder issued this statement:

This is indeed a wonderful holiday gift and a major victory for any airline passenger who has ever been subjected to an unnecessary tarmac delay and has endured endless hours without food, water or adequate toilet facilities. Flyersrights.org has fought for legislation in Congress to limit these delays, yet the bill has languished in the Senate despite bipartisan support. We applaud the Obama Administration and Transportation Secretary Ray LaHood for stepping up to the plate and telling the airline industry, and Congress, that ‘enough is enough’.

However, the rule raises several questions as to its consumer friendliness. It may force airlines to cancel flights instead of having them wait. As the air travel blogger "Cranky Flier" pointed out in his Tuesday, December 22, 2009, blog post, this past weekend during a massive storm hitting the East Coast only one JetBlue flight was delayed longer than three hours. Why did that happen?

It’s all because of gate issues. JetBlue and other airlines started pre-canceling a lot of flights, as I noted on BNET yesterday. Obviously the more flights you pre-cancel, the better chance the remaining flights will operate, but it means that there are a lot of airplanes around and shuffling them to make gates available during a blizzard is a tricky thing. You never want to see a plane sitting around for more than 3 hours, but if it’s only one (and JetBlue compensated the passengers), then that’s not too bad for the storm of the decade.

But all this pre-canceling comes at a price. That means there are a lot more people who aren’t getting home for Christmas because so many flights were canceled.

There’s no question that airlines would have had to cancel a lot of flights, but were they more conservative because of public backlash on delays? That’s my guess. Would you rather sit on an airplane for 4 hours or just have your flight canceled? I imagine that some would be happy to sit around for 4 hours if it meant they’d get out of town. Now they find themselves stuck.

The discretion to stay in line and wait to take off has been taken away and now, after three hours, the aircraft must return to the gate.

We all know why this rule was instituted. Indeed, the DOT's press release specifically states the cause:

This rule was adopted in response to a series of incidents in which passengers were stranded on the ground aboard aircraft for lengthy periods and also in response to the high incidence of flight delays and other consumer problems. In one of the most recent tarmac delay incidents, the Department fined Continental Airlines, ExpressJet Airlines and Mesaba Airlines a total of $175,000 for their roles in a nearly six-hour ground delay at Rochester, MN.

However, incidents like the one in Rochester, MN, are the exception rather than the rule. Moreover, it is not clear from the way things played out at Rochester that this rule would have changed anything. The incident at Rochester was due to a confederacy of dunces, each contributing their own stupidity to make a bad situation even worse. Since people will still have the ability to mess things up despite the rule, whether that sort of incident can be avoided remains to be seen.

This may be one of those times that government regulation may not be the answer to the problem. Extended tarmac delays, i.e., over three hours, are exceptions. Moreover, prior to the institution of the rule, passengers had a "bill of rights," it is called the U.S. Constitution. See, Dr. Barbara E. Lichman's Article "Passengers Detained Have Constitutional and Other Legal Rights." The DOT rule, however, may have given the airlines a "safe harbor." That is, so long as the flight is delayed less than three hours, the airlines would have a defense to any passenger complaints about being delayed on the tarmac. Thus, the 3-hour rule may actually have the effect of limiting the passengers' legal remedies.

Government regulation works best when it is proactive rather than re-active. The legal system, on the other hand, is intended to step in to "make things right," when exceptions, such as the Rochester incident, happen. So long as passengers know that they have legal rights when they are on aircraft, and remedies if the airlines' and FAA's discretion is abused, then they are protected. While the DOT's intent was laudable, it is not entirely clear that the rule will have the desired effect of assisting passengers who are trapped on aircraft.

December 22, 2009 - Aviation and Airport Development Updates

Steven Taber — Tue, 22 Dec 2009 10:02:31 -0800

December 22, 2009 - A summary review of Aviation and Airport Development related news and information that was made public during the past week. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every Wednesday, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Closure of County Airport Wouldn’t Come Without a Fight. --- Steve Fogarty, The Chronicle-Telegram, December 12, 2009
The closure of Lorain County Regional Airport in Elyria, Ohio could result in a court battle. A representative of Johnson Aviation Co., the airport manager for the county, has indicated that the company will pursue litigation to avoid closure of the airport, something that “isn’t what anyone wants.” The company has been working with the county administrator’s office to find ways to meet the airport’s budget.
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FAA Rushing to Move Boise’s Air Traffic Station to Salt Lake. --- Joe Estrella, Idaho Statesman, December 12, 2009
In defiance of a congressional delegation from Idaho, the Federal Aviation Administration is proceeding forward on moving an air traffic control system from Boise, Idaho to Salt Lake City, Utah. FAA Administrator Randy Babbitt said moving the operation would save taxpayers $24 million over 25 years, but the Idahoan delegation had asked for a hold on the move pending an audit to verify the agency’s claim. Boise mayor Dave Bieter said he will fight the move and attempt to force the FAA to wait for the requested audit.
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Flight 3407 Victim Families & Schumer Push Pilot Licensing Reform. --- Carlet Cleare, WXXI, December 11, 2009
On Thursday, December 10, 2009, U.S. Senator Chuck Schumer met with families of the victims of Continental Flight 3407, which crashed in Buffalo earlier this year. Together they are urging the Federal Aviation Administration to require pilots to receive at least 1,500 hours of training before they get licensed, in hopes of avoiding another fatal crash.
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Tiny Airport Scored $7.5 Million in Federal Funds. --- The Jacksonville Observer, December 14, 2009
Pellston Regional Airport in northern Michigan is one of over 300 airports that have received $3.5 billion in federal money for low-priority projects. Airport officials and the Federal Aviation Administration have responded to critics by noting that the low-priority projects constitute only 10% of the federal grant money airports spend.
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More articles on the same topic:

Airport Funding that Flies Under the Radar. --- United Press International, December 14, 2009
USA Today reported Monday, December 14, 2009 that a study of the Federal Aviation Administration reveals $507 million in federal funds was spent on low-priority projects, five times what the federal government spent on such projects in 1998. Pellston Regional Airport in Michigan was one such airport with a low-priority project, receiving $7.5 million to construct a terminal while the airport averages only three outgoing flights daily. The FAA’s acting associate administrator defended the funding, saying that the projects were “all good projects.”

FAA Says Wasteful Spending “All Good.” --- Tad DeHaven, Think Tank West, December 15, 2009
The Federal Aviation Administration said low-priority projects that have received over $3.5 billion in federal money since 1998 are “all good projects” because the terminals at such little-used airports are “crumbling” and have no other source of money. The government should look to privatization as a solution to funding for such airports as it would reduce the government’s responsibilities and allow policymakers to focus on their core issues, and could spur economic growth.
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FAA Approves Noise Compatibility Program for Van Nuys Airport. --- Federal Register, December 15, 2009
The Federal Aviation Administration has approved the Van Nuys Airport (California) noise compatibility program. Fifteen of the thirty-five total number of recommendations of the program were approved.
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FAA Publishes Its Denial of BobHopeAirport’s Airport Access Restriction (Part 161 Application). --- Federal Register, December 15, 2009
The Federal Aviation Administration announced that it has disapproved the application for an airport noise and access restriction for Bob Hope Airport in Burbank, California. The agency determined that the application does not provide substantial evidence that the restriction meets the six statutory conditions for approval under the Airport Noise and Capacity Act of 1990 and 14 CFR Part 161.
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FAA Announces It is Reviewing Noise Compatibility Program Submitted by BuckeyeMunicipalAirport. --- Federal Register, December 15, 2009
The Federal Aviation Administration is reviewing a proposed noise compatibility program submitted for Buckeye Municipal Airport in Arizona under the provisions of 49 U.S.C. 47501 et seq. and 14 CFR Part 150. The program will be approved or disapproved on or before June 1, 2010.
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Air Carriers Sign Deals for Synfuels. --- John D. Boyd, The Journal of Commerce, December 15, 2009
Fifteen major airlines have signed “groundbreaking” agreements with AltAir Fuels and Rentech to line up supplies of alternative aviation fuels. The fuels will be more environmentally friendly and the domestically produced fuels will “create jobs and bolster U.S. energy independence.” Both the Air Transport Association and Federal Aviation Administration lauded the airlines for reaffirming their commitment to a greener and more secure energy future.
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Colgan Air Blames the Crew for Crash of Flight 3407. --- Project 7 Alpha, December 15, 2009
Colgan Air said the crew of Flight 3407 was responsible for its fatal crash in Buffalo, New York earlier this year. President and CEO Philip Trenary said the crew did not respond appropriately to certain warnings the plane was entering an aerodynamic stall, and did not follow appropriate procedures during the flight.
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Feds Probe Flawed Landing that Damaged Airliner. --- Associated Press, December 15, 2009
The Federal Aviation Administration is investigating why an American Airlines jet struck a wing on the runway as it landed at an airport in Charlotte, North Carolina on Sunday, December 13. The incident caused substantial damage to the MD82 aircraft, but none of the 110 onboard were injured. Investigators will receive flight data and recorders from the jet though they will not travel to Charlotte.
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Boeing’s 787 Jetliner Makes First Test Flight. --- George Tibbits, Associated Press, December 15, 2009
Boeing’s 787 jetliner, the world’s first commercial plane constructed with half of its components made from lightweight composite materials, made its first test flight Tuesday, December 15 on a flight over Washington State. The two-member crew performed a variety of basic system checks and the flight is the beginning of an extensive testing program needed to obtain Federal Aviation Administration certification. The plane is the first of six 787s that Boeing will use in the nine-month program, in which the planes will be subjected to conditions “well beyond” those found in normal airline service. Boeing has said the 787 will be quieter, produce lower emissions, and use 20 percent less fuel than comparable planes, and will give passengers a more comfortable cabin with better air quality and larger windows.
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Airline Union Raising Awareness of Foreign Maintenance. --- Andrea Ahles, Star-Telegram, December 15, 2009
The Transport Workers Union plans to approach members of Congress hoping to raise awareness of maintenance work being performed offshore. The union says that a growing number of U.S. airline-operated planes are being repaired or maintained at foreign facilities that the Federal Aviation Administration does not adequately oversee, and is hoping that the Senate will “close [those] loopholes” and require FAA certification of those stations.
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More articles on this topic:

Airplane Union Blasts Overseas Plane Maintenance. --- Just Plane News, December16, 2009
The Transport Workers Union, representing over 200,000 workers and retirees, raised safety and terrorism fears about the foreign facilities where major U.S. carriers have their planes worked on. They contend that the stations are not properly certified or inspected by the Federal Aviation Administration, and are launching a campaign to tell passengers and Congress about the risk of overseas maintenance.
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Airlines Announce Deal to Buy Greener Jet Fuel. --- Aubrey Cohen, Seattle Post-Intelligencer, December 15, 2009
The Air Transport Association of America announced that a “core group” of 15 airlines have agreed to buy alternative aviation fuel from two producers, as part of a commitment to reduce carbon emissions and take on a leadership role in the aviation industry. Federal Aviation Administrator Randy Babbitt commended the “airlines’ commitment to a greener, more stable and secure energy future.”
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Flight Attendant Caught Wayward Pilots Unaware. --- Joan Lowy, Associated Press, December 16, 2009
The pilots of Northwest Airlines Flight 188, the plane that overshot its destination and was out of radio contact for over an hour, were not aware of the situation until a flight attendant called them on the intercom. Both pilots stated that they had been caught up in a “deep discussion” and did not realize how much time had elapsed. Interviews with the flight crew and other documents released by the National Transportation Safety Board also show other weaknesses in communications.
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More articles on the same topic:

NTSB: Wrong-Way Flight Included String of Errors. --- Alan Levin, USA Today, December 16, 2009
Hundreds of pages of documents from the National Transportation Safety Board’s investigation into Northwest Airlines Flight 188 show errors, technical glitches, and miscommunications in the efforts to reach the cockpit and alert the military about the situation. Controllers had originally failed to raise an alarm about the jet and did not notify the military quickly enough after realizing the jet was out of contact. Controllers also had a difficult time determining which frequency the pilots had last used, so that they could establish contact.
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French Experts to Advise ‘Black Box’ Changes. --- Nicola Clark, The New York Times, December 16, 2009
France’s air accident investigators will recommend new technical standards for the signal beacons attached to “black box” recorders on commercial aircraft and propose requiring real-time transmission of certain flight data, among other recommendations for equipment and software changes. In a report published Thursday, December 17 the investigators additionally proposed that new studies be done of the Earth’s atmosphere at altitudes of 35,000 to 40,000 feet, where most jets spend the cruising phase of their flight.
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L.A. to Return $21.2 Million to LAX’s Operator. --- Dan Weikel, Los Angeles Times, December 17, 2009
The Los Angeles City Council will return more than $21.2 million to Los Angeles World Airports, the operator of Los Angeles International Airport in California after the Federal Aviation Administration accused the city of improperly diverting airport funds to L.A. Inc., the city’s convention and visitors bureau. A portion of the money also comes from money the city kept from the sale of land at LAX. The FAA found questionable allocations of money given from Los Angeles World Airports to the city after a routine audit of airport funds in July 2008.
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FAA Tells Airport Head Not to Restrict AirPark. --- Bob Campbell, My West Texas, December 15, 2009
The Federal Aviation Administration has ruled against airplane weight restrictions imposed by the airport director at Midland Air Park in Texas. Last June the airport director had put a limit of 25,000 pounds on jets landing at the air park, but has lifted the limit and cleared the way for 35,000 pound jets after the FAA’s ruling.
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Nebraska Risks Losing $1 Million in Federal Funds. --- Associated Press, December 17, 2009
Kearney Regional Airport in Nebraska may lose $1 million in federal funding if about 1,000 passengers do not board planes there this month. The Federal Aviation Administration requires the airport to have 10,000 boardings a year to be eligible for the money, which is for airport improvement grants. If the threshold is not met, funding would drop to $150,000.
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Airpark’s Proximity to Airport Irks FAA. --- Justin Much, Statesman Journal, December 17, 2009
The Federal Aviation Administration has made it clear that it is opposed to airparks with “through-the-fence” access at publicly funded airports, and Independence Airpark’s proximity to Independence State Airport in Oregon is one such example. The FAA cited concerns including rule violations, a potential loss of grant funds, and safety, security, and financial issues in support of its stance. The city of Independence and many of the airpark residents have begun writing letters to the FAA and say that any change to the airpark homeowners’ ability to utilize Independence Airport would be detrimental to the residents and the city.
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Climate Deal on Ships and Planes Seen Slipping Away. --- Pete Harrison, Reuters, December 16, 2009
In Copenhagen, climate negotiators warned that they are still a long way from agreeing on targets for shipping and aviation, which account for 8 percent of the world’s climate-warming emissions. Sources say there is still disagreement over the most “basic” questions, including whether targets should be set in Copenhagen or next year by the two United Nations bodies that oversee the shipping and aviation sectors. Failure to agree to targets will result in more investment uncertainty for the two sectors.
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Port Columbus Will Get $90.5 Million for New Runway. --- Marla Matzer Rose, The Columbus Dispatch, December 17, 2009
Port Columbus in Ohio will receive a $90.5 million grant from the Federal Aviation Administration to help pay for construction of a new south runway, to replace the existing runway and create space for a new terminal building. Activity levels have been down at Port Columbus this year, but they are expected to rebound and continue to grow over time. The airport plans to pay the remainder of the runway project, with an estimated total of $160 million, from the $4.50 per person Passenger Facility Charge levied by Port Columbus.
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FAA Reports Receipt of Noise Compatibility Program Update for ModestoCity-CountyAirport. --- Federal Register, December 17, 2009
The Federal Aviation Administration announced that it is reviewing a proposed noise compatibility program update at Modesto City-County Airport in California. The proposal will be approved or disapproved on or before June 6, 2010.
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EPA Extends Public Comment Period for Effluent Guidelines and New Source Performance Standards for the Airport Deicing Category

Steven Taber — Mon, 14 Dec 2009 09:34:20 -0800

On August 28, 2009 (74 FR 44676), EPA published a proposed rule entitled ‘‘Effluent Limitation Guidelines and New Source Performance Standards for the Airport Deicing Category; Proposed Rule.’’ Written comments on the proposed rulemaking were to be submitted to EPA on or before December 28, 2009 (a 120-day public comment period). Since publication, the Agency has received several requests for additional time to submit comments. EPA is extending the public comment period until February 26, 2010.

What Does EPA's Finding that Greenhouse Gas Emissions Endanger Public Health and the Environment Mean to Business?

Steven Taber — Mon, 14 Dec 2009 09:14:42 -0800

When the U.S. Environmental Protection Agency issued its final finding that emission of six greenhouse gases endangered the public’s health and the environment because of their effect on climate change, the business community wondered how it should respond to the news. At first glance, there seems to be blinding maze of legal and policy issues that will affect business decisions. Although far from clear, there is a way out of the maze – although businesses with significant greenhouse gas emissions should be prepared to tackle the important issues that the Endangerment Finding raises.

Businesses Need to Take a Deep Breath (Irony Intended)

The road to the endangerment finding began in 2007, when the U.S. Supreme Court decided in Massachusetts v. EPA that carbon dioxide and other greenhouse gases constituted “air pollutants” under the Clean Air Act. To most savvy businessmen this was a clear signal to start planning how their businesses would cope with the establishment of limits on emission of greenhouse gases. Although the Bush Administration EPA successfully sat on the issue, when the Obama Administration took office, most companies recognized that an endangerment finding would top the EPA’s list of major environmental actions. Thus, EPA’s announcement this past April of its proposed finding and its announcement of the final endangerment finding should have come as no surprise to anyone who has been monitoring this issue.

The key thing for businesses to remember is that the endangerment finding by itself does not regulate the emission of greenhouse gases from any source, large or small. That being said, it does have a direct impact on mobile sources (because of section 202(a) of the Clean Air Act), with the EPA planning on issuing its final “light-duty vehicle” greenhouse gas emissions rule some time in Spring 2010.

When the light-duty vehicle rule is finalized, the GHGs subject to regulation under that rule (i.e., the six greenhouse gases identified in the Endangerment Finding) would become immediately subject to regulation under the PSD program, meaning that from that point forward, prior to constructing any new major source or major modifications that would increase GHGs, a source owner would need to apply for, and a permitting authority would need to issue, a permit under the PSD program that addresses these increases. Similarly, for the Title V operating permit program, it would mean that any new or existing source exceeding the major source applicability level for those regulated GHGs, if it did not have a title V permit already, would have 1 year to submit a title V permit application.

Recognizing this incidental effect, the EPA proposed a “tailoring rule” on September 30, 2009. In the Tailoring Rule, EPA proposed to set a new threshold of 25,000 metric tons of GHG emissions to define when Clean Air Act permits under the New Source Review and Title V operating permits programs would be required. The proposed thresholds would “tailor” these permit programs to limit which facilities would be required to obtain permits and would cover nearly 70 percent of the nation’s largest stationary source GHG emitters—including power plants, refineries, and cement production facilities, while shielding small businesses and farms from permitting requirements. Thus, businesses that emit less than 25,000 metric tons of GHG and businesses that currently have a Title V operating permit will not, for the most part, be covered by the Tailoring Rule.

Should Businesses Make Voluntary Reductions in Greenhouse Gas Emissions?

So what should companies do in the meantime?

Many businesses have been evaluating their carbon footprint over the past few years (particularly since the Massachusetts v. EPA decision) and have been looking at ways to reduce GHG emissions. For many companies energy is a cost, and in some cases, greenhouse gases may be a lost resource. By increasing efficiency, costs are reduced and the business operates better. For example, the aviation industry loves to trumpet how it is getting “greener,” because it is reducing GHG emissions. However, that greening has come about by reducing fuel consumption, which became a necessity when fuel prices spiked because fuel costs represent a huge percentage of the aviation industry’s costs. The result? Increased fuel efficiency=fewer emissions=reduction in emissions of GHG, with a reduction in fuel costs to top it off. Moreover, there are ways that would reduce GHG emissions and accrue tax benefits, such as cogeneration or combined heating power. These types of programs that reduce GHG emissions and accrue a direct benefit to the company’s bottom line should be pursued regardless of the regulatory environment. The caveat would be that businesses should check in with their environmental law attorney to see if there are any carbon banks or carbon credit systems set up that they could participate in order to get “credit” for any reduction in GHG emissions.

Outside of those programs, however, caution should be taken with respect to taking on projects that would reduce GHG emissions, but represent a net cost to the business. Many businesses are taking a “wait and see” attitude, relying on their environmental law attorneys to monitor developments, report to them about those developments and assist them in develop strategies and manage the risk. It is only when the regulatory regime is in place that businesses can assess what changes need to be made to their processes and to their equipment in order to comply with the regulations. Particularly when the costs to comply are substantial, businesses are going to want to wait until the requirements become fixed before they undertake a far-reaching GHG emission reduction program.

Congressional Outlook: Who Knows What They Are Up To?

The progress in Congress on new Climate Change legislation is an additional reason for businesses to sit tight. Since Monday’s Endangerment Finding, most business and industry groups have stated that they would much prefer either one of the bills currently being considered in Congress to regulation by the EPA. The primary reason for this is the fact that both the Boxer-Kerry bill and the Waxman-Markey bill have “cap-and-trade” provisions, which, although excoriated by the Republicans, are much better for businesses than an EPA-centric “command-and-control” regulatory regime. A good example of this change of heart is Sen. Mark Pryor (D.Ark.), who was reported as being more willing to consider a cap-and-trade proposal now that the EPA has issued its endangerment finding.

At the same time, the failure to come up with a bill for the President’s approval prior to the Copenhagen Climate Change Conference, the release of the hacked e-mails from East Anglia University’s Climate Research Unit, and the inexorable march of time have led to the Senate going back to the beginning. Indeed, Sens. Kerry, Lieberman and Graham have put forth a new outline for Climate Change legislation. Thus, it is unlikely that Congress will have anything to offer until after the EPA has finalized the light-duty vehicle regulations, and perhaps after the Tailoring Rule is finalized.

Conclusion: Now Is The Time for Self-Assessment

The upshot of the Endangerment Finding and, for that matter, EPA’s regulation of GHG emissions, is that now would be a good time for businesses to assess just how much GHG emissions they produce. The potential impact of EPA’s regulation of GHG emissions will be felt by companies that have not been traditionally required to examine their exposure to Clean Air Act regulation. To state that there is not much clarity as which companies will be affected by the EPA’s Tailoring Rule, for example, is an understatement. Even the EPA recognizes in its rule that it will need to fine tune it over the years so that does what it is supposed to do. Thus, the more businesses know about their operations and the amount of GHG they emit, they better they will be able to assess their place in just about any scenario that may come up.

December 11, 2009 - Aviation and Airport Development Updates

Steven Taber — Fri, 11 Dec 2009 16:34:15 -0800

A summary review of Aviation and Airport Development related news and information that was made public during the past week. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every Wednesday, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

FAA Reauthorization Again Gets Sidetracked. --- John F. Infanger, Airport Business, December 2, 2009
It seems likely that the Federal Aviation Administration reauthorization bill will not be passed anytime soon. The Senate has been absorbed with the proposed health care bill, and a recent initiative by the Obama administration to curve lobbying could prove crippling to the aviation industry.
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FAA, Other Agencies Testify on Pilot Fatigue and Safety. --- Laurie Misjak, Kansas City infoZine, December 2, 2009
The Federal Aviation Administration and other agencies testified Tuesday, December 1, 2009 about pilot fatigue and safety as several Senate members questioned officials about combating pilot drowsiness. An FAA representative stated that the agency will need until January 31 to release pilot fatigue guidelines, later than the initial January 1 deadline. The FAA is specifically examining pilots’ duty hours, including each pilot’s number of take-offs and landings and the time of day of flights.
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MemphisAirport Accused of Pollution Violations. --- Tom Charlier, The Commercial Appeal, December 1, 2009
Pram Nguyen, a Cleveland resident who has filed several legal actions against major airports across the nation sent a letter to Memphis airport officials and local elected leaders outlining what he says are violations of the federal Clean Air Act. The violations range from the exhaust of baggage tractors to the vapors from de-icing operations. Nguyen’s letter states that he will file suit against the airport if the violations are not remedied, but airport officials and local air quality regulators say the facility is in compliance with the Clean Air Act and does not require permits for the types of emissions cited by Nguyen.
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Critics Pan FAA’s Runway Safety, Pilot Fatigue Efforts. --- Aubrey Cohen, Seattle Post-Intelligencer, December 3, 2009
At the Federal Aviation Administration’s 2009 International Runway Safety Summit the National Transportation Safety Board noted that the FAA has fully implemented none of the six runway safety recommendations issued by the board in July 2009. In response, an FAA spokeswoman said that the agency takes every NTSB recommendation seriously and has successfully implemented more than 80 percent of the board’s over-4,000 recommendations on various issues. Addressing pilot fatigue was another priority noted at the summit, which has taken on new urgency because of agency changes and recent incidents.
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FAA Reviews ‘Operational Error’ in Colorado Airspace. --- Associated Press, December 2, 2009
The Federal Aviation Administration is reviewing a November incident in which a commercial plane turning too late breached the amount of space it was supposed to keep between two other planes near Denver International Airport in Colorado. Planes from SkyWest, Frontier, and Republic airlines were involved, though it is not immediately known which one made the wrong turn or how close the planes were. The FAA is investigating what circumstances led the controller to make the wrong decision and how to prevent the incident from happening again.
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FAA Proposes $4 Million Civil Penalty for Spitfire Aviation Services. --- FAA Press Release, December 4, 2009
The Federal Aviation Administration has proposed a $4 million civil penalty for Spitfire Aviation Services, LLC of Arkansas for numerous violations of Federal Aviation Regulations. The violations include conducting passenger-carrying revenue flights between November 2005 and October 2007, even though Spitfire lacked the appropriate air carrier certificate or operations specifications required under federal regulations for charter operators.
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Puerto Rico Seeks to Privatize Airport, Pay Debts. --- Danica Coto, Associated Press, December 4, 2009
Puerto Rico is seeking permission to privatize operations at its main airport under a federal program meant to finance aviation improvements; Louisiana and Illinois are already participating in the privatization program. The government could receive at least $1 billion for letting a private company run Luis Munoz Marin Airport, which it would use to cut down the island’s $3.2 billion deficit. The FAA has 30 days to review Puerto Rico’s application.
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GAO: FAA Facing Oversight Challenges as Commercial Space Sector Grows. ---
According to a Government Accountability Office report released last week, the Federal Aviation Administration faces a number of challenges in overseeing the growing commercial space launch industry, as space tourism develops and the National Aeronautics and Space Administration starts to rely on the commercial sector for space transportation. These challenges include coordinating the federal response to the commercial space industry’s expansion, such as whether the FAA’s current safety regulations are appropriate for all types of commercial space vehicles, operations, and launch sites.
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VermontAirport Gets Preliminary Upgrade OK From Feds. --- Associated Press, December 7, 2009
Rutland-Southern Vermont Regional Airport in North Clarendon, Vermont has received preliminary approval from the Federal Aviation Administration to expand its runway. The plan calls for the runway to be extended from 1,000 to 6,000 feet, but could cost between $30 and $50 million, and final approval and funding remain uncertain.
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Airports Seek More Money—From You. --- USA Today, December 7, 2009
Airports have been lobbying Congress to raise the cap on Passenger Facility Charges (PFCs) that fliers pay as part of their airline tickets. The charge is currently $4.50 for each leg of the trip, but airlines would like to see it raised to $7.50 and indexed to the inflationary cost of construction. The Federal Aviation Administration reauthorization bill in the House proposes an increase to $7 a leg, but a Senate committee has voted to keep the cap at $4.50.
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Bird Risk to Jets a ‘Flashing Beacon.’ --- Alan Levin, USA Today, December 7, 2009
The Commercial Aviation Safety Team, a government-industry aviation safety group, has elevated birds to its list of priority issues in light of several spectacular collisions between aircraft and birds in recent months. The number of bird-related aircraft incidents is a “flashing beacon” that birds and other wildlife are worth some substantial concern. Airlines believe that the risks from birds are relatively small but deserve more attention because other hazards have been addressed.
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Passenger Rights Don’t Make the Cut on Travel Groups’ Wish-Lists. --- Christopher Elliott, The Seattle Times, December 7, 2009
Trade groups representing various parts of the travel industry most want laws authorizing Congress to spend money, with the majority saying that reauthorizing the Federal Aviation Administration would be in travelers’ “best interests.” The bill would fund the FAA and improve aviation safety and capacity, as well as many other things, including funding the much-needed modernization of air traffic control systems. A general consensus seems to exist that spending money on infrastructure, and not ensuring passenger rights, is the single best way to improve travel.
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FAA Sued Again Over Jacksonville Air Traffic Control Operations. --- Jennifer Lindgren and Taren Reed, First Coast News, December 7, 2009
The daughters of a couple killed in a plane crash near the Gainesville airport in Florida have filed a lawsuit against the Federal Aviation Administration—the third lawsuit to name the Jacksonville operations tower in recent years. In each of the crashes and subsequent lawsuits against the FAA, the families of those who died say air traffic controllers did not properly do their jobs when guiding in the small planes, and in one case even made mistakes that contributed to the crash. The FAA settled with the victims in the previous cases even though the National Transportation Safety Board did not find them at fault.
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FAA Examines Communications Network Involved in Last Month’s Traffic Snarl. --- Joan Lowy, Associated Press, December 8, 2009
The Federal Aviation Administration will form a panel to investigate the telecommunications network that broke down last month. Last month’s outage did not affect critical safety systems or public safety, but snarled air traffic across the country. Two reports should be delivered early next year.
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FAAChangesSanta MonicaAirport Flight Path. --- Yo Venice, December 8, 2009
The Federal Aviation Administration is changing the flight pattern at Santa Monica Airport in California, which would divert take off traffic away from Los Angeles International Airport and put the aircraft over Santa Monica, near the Pier.
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House Approves FAA Extension. --- Aviation News, December 8, 2009
The House passed a bill to extend aviation programs and excise taxes through the end of March 2010, with the Senate likely to approve the measure before the end of this month. The current extension for the Federal Aviation Administration is set to expire at the end of December. The new extension would give lawmakers more time to work on the FAA reauthorization bill.
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Aviation on Agenda at Climate Conference. --- Emma Alberici, ABC News, December 9, 2009
A report by Britain’s Committee on Climate Change concluded that Britain’s airline industry could grow by 60 percent by 2050, but that other parts of the economy would have to reduce their carbon emissions by 90 percent, more than the government’s targets. Aviation would be quarantined but households, general industry, and other parts of the transport sector would bear most of the burden and price of carbon reduction schemes. In Copenhagen, at the climate change conference, delegates are being told that the price of air travel has to rise as the world works to cap carbon emissions and keep temperatures from rising.
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FAA Issues Notice of Availability of Final EA & FONSI/ROD Re: Proposed ATCTower at ClevelandHopkinsInternationalAirport. --- Federal Register, December 10, 2009
The Federal Aviation Administration has prepared and approved a Final Environmental Assessment (EA) and Finding Of No Significant Impact (FONSI)/Record of Decision (ROD) for a proposed Air Traffic Control Tower with associated base building and an Airport Surveillance Radar, Model 9, replacement/relocation at Cleveland Hopkins International Airport in Ohio.
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FAA to Expand Public Access to Airport Delay Information. --- United States Department of Transportation, December 9, 2009
The Federal Aviation Administration will expand public access to its frequently-updated information on airport delays through an Airport Status and Delays Web service. The Web service will combine the FAA’s information about ground delays, airport closures, ground stops, and arrival or departure delays with local weather provided by the National Oceanic and Atmospheric Administration. The information will be provided in multiple formats so the data can be used in a variety of Web applications, including mobile devices.
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September 2009 Airline Traffic Data: System Traffic Up 0.8 Percent From September 2008. --- Bureau of Transportation Statistics, December 10, 2009
September was the first month of 2009 with an increase in passengers from the previous year, with system traffic up 0.8 percent. The number of scheduled domestic and international passengers grew by 0.5 million to 54.7 million for the month.
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Senators Press FAA For Action on Pilot Fatigue. --- Joan Lowy, Associated Press, December 10, 2009
Senators questioned Federal Aviation Administrator Randy Babbitt at a hearing Thursday, December 10, and expressed the need for the agency to work faster on new rules aimed at preventing pilots from flying when they’re too tired. Mr. Babbitt told the senators that his agency needs more time to “do the job right.”
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Airport Told It Needs to Raise More Funds for Project. --- Keith Norman, The Jamestown Sun, December 10, 2009
The Jamestown Regional Airport in Virginia will need to raise between $320,000 and $350,000 of local funds to proceed with a new terminal building project scheduled for the 2010 and 2011 construction cycle. The first estimate for the terminal was $1 million, but current estimates have the project at $1.8 million, causing some concern for the Airport Authority board.
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How Safe are International Airlines? --- Scott McCartney, Wall Street Journal, December 10, 2009
European and U.S. regulators evaluate aviation safety and the airline industry itself has a worldwide safety-audit program, but there is no real way that travelers can check airline safety. It is made more confusing and difficult because European and U.S. regulators have different approaches to aviation safety, with the European Union evaluating airlines and their planes, while in the U.S. the Federal Aviation Administration evaluates countries, not airlines. The International Air Transport Association has its own extensive safety check and has published a list of those “certified” airlines which could be very useful to travelers, and helpful in conjunction with checking the FAA and European blacklists.
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FAA Promotes New Air Traffic Approach. --- Andy Pasztor, Wall Street Journal, December 11, 2009
Federal Aviation Administrator Randy Babbitt said that the NextGen navigation system would pay for itself in fuel savings in just a few years. Testifying before the senate aviation subcommittee Thursday, December 10, Mr. Babbitt made specific comments about the benefits of a rapid deployment of NextGen, which could include airlines saving up to $2 billion annually. NextGen has received a warm reception from lawmakers, but the FAA’s proposal to create an enhanced commercial-pilot license for starting co-pilots could face some opposition.
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Babbitt Testifies on FAA Safety Initiatives; Lawmakers Call for NextGen. --- Aviation News, December 10, 2009
Federal Aviation Administrator Randy Babbitt testified Thursday, December 10 at a Senate aviation subcommittee hearing. The main focus of the meeting was pilot fatigue and the details surrounding the deadly Colgan Flight 3407 incident earlier this year, but lawmakers also voiced their bipartisan support for the NextGen navigation system.
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FAA Head Admits Mishandling Case of Newark Airport Whistle-Blower. --- Mike Frassinelli, The Star Ledger, December 10, 2009
In an unusual admission, Federal Aviation Administrator Randy Babbitt acknowledged that the agency had mishandled the case of a whistle-blowing air traffic controller at Newark Airport in New Jersey. Air traffic controller Ray Adams complained two years ago about the runway intersections at Newark Liberty, but the FAA removed him from the control tower and instead tried to keep landing patterns “status quo.” Babbitt said the FAA needs to have a system that allows employees to express safety concerns without fear of retribution.
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Admin. Babbitt: Human Error, Not Technology, Behind November FAA Outage. --- Suzanne Kubota, Federal News Radio, December 11, 2009
Federal Aviation Administration Administrator Randy Babbitt said preliminary reports show that human error was the cause of the telecommunications outage that snarled air traffic across the country in late November. He stressed that the failure was believed to be a “unique one-off” and an oversight group has been created to examine what fundamentally caused the incident, and how to ensure it will not happen again.
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Airport on Chopping Block: Litigation Could Ensue Due to FAA Funding, CountyCommissioner Says. --- Kelly Metz, The Morning Journal, December 11, 2009
Lorain County Regional Airport in Ohio could soon close if more revenue is not generated for the 2010 fiscal year. The Federal Aviation Administration has given the airport $400,000 in combined funding and closing the airport could result in “serious litigation,” since the money was for maintaining operations. No official decision will be made until next Thursday’s budget hearing.
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