January 19, 2010 - Aviation and Airport Development Updates

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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