House Aviation Subcommittee Hears Testimony About the Air Traffic Controller Situation

Yesterday, June, 11, 2008, the House Aviation Subcommittee heard testimony (click on link for video the hearing) on a situation that is becoming more dire as every day passes - Air Traffic Controllers are retiring, leaving a dearth of qualified, trained controllers to take their places.  The House Aviation Subcommittee convened the hearing to find out what can be done about the situation.

First up in Panel 1, were the bureaucrats.  Hank Krakowski from the FAA, Patrick Forrey from the National Air Traffic Controllers Association, along with Dr. Gerald Dillingham from the GAO, Calvin Scovey from the Department of Transportation Office of the Inspector General and David Conley of the FAA Managers Association.  Predictably, Mr. Krakowski downplayed any crisis, stating in his prepared remarks that the FAA was on top of the situation:  hiring 2000 controllers this year, seeking ways to retain retirement-eligible controllers, and working on a contract with NATCA.  

Mr. Forrey, had a different view.  He stated that “this country is facing an air traffic control staffing crisis” leading to “an unacceptable compromise in safety.”  First and foremost, to him, the FAA needs to return to the bargaining table with the NATCA to work on a contract.  That will lead to a higher retention rate of both experienced controllers and new hires.

Subcommittee members in their questioning sought to resolve the differences between the FAA and NATCA and implored the GAO and DOT-IG to assist in that effort.  Both the FAA and NATCA say they want a contract, but how they are going to get there is the open question.

The second panel was where the rubber hit the road.  Three air traffic controllers, Don Chapman from Philadelphia, Steven Wallace from Miami and Melvin S. Davis from Los Angeles testified about the problems they are facing at each of their facilities.  Although each mentioned specific challenges their facilities faced, they all came back to three major issuesinadequate staffing (which raises safety concerns); inadequate training of new hires (which also raises safety concerns); and controller fatigue because the first two issues.  The Subcommittee seemed to take to these men and their "view from the front line."

(It should be mentioned that the Blog, "The Potomac Current and Undertow," offered an e-mail sent to FAA Air Traffic District Managers to find Air Traffic Controllers who would support the FAA's position that things are headed in the right direction.  Since only Messrs. Chapman, Wallace and Davis were the only controllers who appeared as witnesses, their effort seemed to fall short.)

GAO Tells House Subcommittee That FAA Has Many Challenges Ahead of it In Its Effort to Hire Air Traffic Controllers

The Government Accountability Office published the testimony that Dr. Gerald Dilllingham gave to the  House Subcommittee on Aviation regarding the FAA's efforts to hire and train more air traffic controllers

The Dr. Dillingham's testimony, entitled "FAA's Efforts to Hire, Staff and Train More Air Traffic Controllers Are Generally on Track, but Challenges Remain" addresses the FAA's efforts to hire and train nearly 17,000 controllers over the next decade to replace over 15,000 current controllers, most of whom will be retiring. The challenge to the FAA is assuring that the Air Traffic Control facilities are adequately staffed with a proper mix of new trainees and fully certified controllers.  Dr. Dillingham, as well as the NTSB, strongly believe that having controllers work more overtime will lead to serious consequences.

Moreover, this massive hiring effort will occur as FAA begins to implement the next generation air transportation system (NextGen), which will integrate new technologies and procedures into air traffic operations and fundamentally change the role of air traffic controllers from controlling individual aircraft to managing air traffic flow. Hence, FAA will need to train experienced controllers to use the new technologies at the same time that it hires and trains new controllers to operate both the current and the new technologies.

Recent Court Decisions Regarding Aviation and Airport Development Law

Here are a few court  decisions that have come down recently regarding aviation and airport development law:
  1. Nadal v. FAA, Case No. 08-9509 (10th Cir., April 30, 2008).  Petitioner sought review of a NTSB order affirming the forty-day suspension of his pilot certificate.  The court concluded that his petition for review was not timely filed and he did not show reasonable grounds for the failure, so it dismiss the petition for lack of jurisdiction.
  2. Clark County v. FAA, Case No. 06-1377 (D.C. Cir., April 18, 2008).  County petitioned for review of FAA's decision that a proposed windfarm would not obstruct airspace near the proposed Ivanpah Valley airport by interfering with radar systems at the new airport.  The court held that the FAA did not have sufficient evidence in the record to support its conclusion in its order and therefore did not satisfy the reasoned decionsmaking requirement.  To the contrary, the court pointed out that the only evidence in the record supported conclusion that the windfarm turbines would exceed the FAA's obstruction standards and would interfere with radar systems at the new airport.
  3.  BMI Salvage Corp. v. FAA, Case No. 07-12058 (11th Cir., April 8, 2008).  Tenant and sublessee filed complaint alleging that airport unjustly discriminated against it in violation of the airport's grant assurances by awarding long-term development leases to other tenants, but not to it.  The court held that there was insufficient evidence in the FAA's record to support a finding that differences between aircraft demolition business and aircraft repair business justified airport's disparate treatment and that there was insufficient evidence to support FAA's finding that aeronautical service providers were not "similarly situated."
  4. St. John's United Church of Christ v. FAA, Case No. 06-1386 (D.C. Cir., March 21, 2008).  FAA gave the City of Chicago a grant under the Airport Improvement Project for Chicago's expansion of O'Hare airport.  A group of villages and other entities in the surrounding area petitioned for review of the FAA's grant.  The court held that the petitioners lacked standing to challenge the grant, since they failed to show that the grant had caused their injuries or that the court redress any injuries that they might incur, since the the federal money played a "minor role."
  5. R/T 182, LLC v. FAA, Case no. 07-3678 (6th Cir., March 11, 2008).  The owner of an airplane appealed the decision of the FAA that allowed a local airport to charge maintenance fee for based aircraft, but did not charge the fee to transient users.  The court decided that there was substantial evidence to support the FAA's determination that airport's based-users were not similarly situated to transient users and that since the process resulting in the FAA's order was adjudicatory in nature, it was not subject to notice -and-comment procedures under the Administrative Procedures Act.