November 25, 2009 - Aviation and Airport Development Updates
A summary review of Aviation and Airport Development related news and information that was made public during the past week. 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.
Seeking to Overturn the Dismissal of its Challenge to the East Coast Airspace Redesign, Delaware County, Pennsylvania, Files Petition for Certiorari to the U. S. Supreme Court. -- Barbara E. Lichman, Aviation and Airport Development Law Blog, November 18, 2009.
On Tuesday, November 17, 2009, Chevalier, Allen & Lichman filed a Petition for Writ of Certiorari to the United States Supreme Court on behalf of its client County of Delaware, Pennsylvania (“Delaware”). The Petition asks the Court to reverse the decision of the D.C. Circuit Court of Appeals in County of Rockland, New York, et al. v. Federal Aviation Administration, et al., and remand to the Federal Aviation Administration (“FAA”) for a decision consistent with Congress’ intent and instruction in the Conformity Provision of the Clean Air Act, 42 U.S.C. § 7506.
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An Air-Traffic Upgrade to Improve Travel by Plane. --- Guy Gugliotta, New York Times, November 16, 2009
As radar is “rapidly becoming a dinosaur,” the Federal Aviation Agency is looking to put NextGen, a GPS-based technology system, in place. Automatic Dependent Surveillance - Broadcast (A.D.S.-B.) is one of NextGen’s core technologies, to be integrated with other GPS-linked systems that will allow aircraft to fly more efficient routes and pick up continuous digital data feeds for updated weather and traffic information. NextGen is supposed to fix problems with flight delays, and increase the efficiency and accuracy of air-traffic control.
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The Airport Issue: Both Sides of the Runway. --- Greensburg Daily News, November 16, 2009
The City of Greensburg and the Greensburg Board of Aviation Commissioners responded to community questions on the airport expansion project at Greensburg Municipal Airport in Indiana. Questions and answers included the real or perceived need for the project, as well as costs and funding and what the project would entail.
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Redesigned Airspace Over Hudson River Debuts. --- Associated Press, November 19, 2009
New flight rules for small aircraft flying over the Hudson River debuted on Thursday, November 19, 2009. The new patterns restricting aircraft to certain corridors are intended to separate helicopters and sightseeing planes from aircraft passing through the area, after a midair collision between a helicopter and small plane killed nine people in August.
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Computer Problems Cause Flight Delays and Cancellations. --- New York Times, November 19, 2009
A computer glitch on Thursday, November 19, 2009 at a Federal Aviation Administration center in Salt Lake City, one of the two centers that handles flight plans for the nation’s air travel system, set off delays and cancellations for passengers around the country. The malfunctioning circuit board responsible is part of a multibillion-dollar nationwide communications network that the FAA has spent years installing as part of efforts to modernize air-traffic control, but a system that relies on the interconnectedness of computers should have sufficient backup systems in the event of havoc-causing glitches.
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Rockland Files Brief to Overturn FAA Dismissal of Airspace Redesign Lawsuit. --- Mid-Hudson News Network, November 19, 2009
Rockland County, New York attorneys filed a brief Tuesday, November 17, 2009 to petition the United States Supreme Court to overturn a decision to dismiss the county’s case against the Federal Aviation Administration’s “flawed” airspace redesign. Rockland is arguing that the Court of Appeals incorrectly dismissed the county’s claim that the FAA failed to comply with several laws, and that the Court did not consider critical Clean Air Act stipulations that the FAA could potentially violate.
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FAA Proposes New Limits on Airlines Hiring Former Inspectors. --- Aubrey Cohen, Seattle Post-Intelligencer, November 19, 2009
The Federal Aviation Administration has proposed new limits on airlines and other operators hiring FAA safety inspectors and their managers for two years after those employees leave the agency. FAA Administrator Randy Babbitt said that the “cooling off” period is aimed to prevent potential conflicts of interest or the creation of a perception of inappropriate activities. Companies would not be prohibited from hiring inspectors to serve in positions like dispatcher, flight attendant, or training instructor, as long as the former inspectors do not represent the operator in FAA matters.
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FAA’s Aging Technology: Time to Pass FAA Reauthorization. --- Jane Calderwood, Centerlines Blog, November 20, 2009
The traveling problem brought about by the outage of flight planning computers in Salt Lake City on November 19, 2009 showcases the aging technology currently being used and emphasizes the need for Congress to pass the Federal Aviation Administration reauthorization bill this year. The FAA has been waiting for reauthorization for more than two years and seven extensions for the authority, funding, and planning that a multiyear reauthorization bill would provide.
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LA Council Supports Higher Air Passenger Fee Increase Limit. --- Art Marroquin, Daily Breeze, November 23, 2009
The Los Angeles City Council has agreed with a plan that would allow individual airports across the country to collect up to $7.50 per traveler, up from the current maximum fee of $4.50. Raising the passenger facility charge could generate an additional $60 million for Los Angeles International Airport in California and offset some of the costs for the massive overhaul needed at the airport.
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FAA Plans Tougher Ice Rules. --- Andy Pasztor and Josh Mitchell, Wall Street Journal, November 24, 2009
Federal Aviation Administration regulators have proposed requiring enhanced ice-protection systems on hundreds of small turboprop aircraft, and will consider whether many more aircraft, including some larger, widely used turboprops, should be subject to the same tougher standards. Smaller planes, however, typically have less-advanced ice-detection and deicing systems than larger ones. The proposal is intended to prevent repeats of turboprop accidents and incidents during which the flight crew was unaware of ice accretion or determined that the buildup was not significant enough to warrant turning on a pneumatic device to break ice off the airliner.
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