December 22, 2009 - Aviation and Airport Development Updates
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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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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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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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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