March 19, 2010 - Aviation and Airport Development Updates

March 19, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  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.

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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Flight Attendants Wanted Security Beefed Up Inside Airport. --- Hugo Martin, Los Angeles Times, March 12, 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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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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FAA Proposes Civil Penalties Totaling $787,500 Against American Airlines. --- Federal Aviation Administration, March 12, 2010
The Federal Aviation Administration is proposing $787,500 in civil penalties from American Airlines for three maintenance violations that occurred in 2008 and 2009. In the first case, American Airlines mechanics diagnosed problems with one of two Central Air Data Computers on a McDonnell Douglas MD-82 jetliner, but did not replace the computer as they should have. In the second case, American failed to correctly follow an Airworthiness Directive involving the inspection of rudder components on certain Boeing 757 jets, and in the final case, American’s mechanics returned an MD-82 aircraft to service even though several steps of a scheduled B-check maintenance visit had not been checked off as completed.
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EPA Getting Serious About Avgas? --- Paul Bertorelli, AVweb, March 11, 2010
Earlier this month the Environmental Protection Agency sent a draft agreement finding to the White House as part of its proposed action to address a petition from Friends of the Earth claiming that lead in avgas represents a public health risk, a move that suggests the agency is serious about removing lead from avgas. The EPA has ordered lead pollution studies around a number of U.S. airports.
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More articles on this topic:

EPA Orders Studies on Lead Pollution Around Airports. --- Kent Misegades, General Aviation News.com, March 15, 2010
The Environmental Protection Agency’s order of lead pollution studies to determine if the lead in avgas actually poses health risks is a step toward removing lead from avgas. However the only viable alternative to 100LL for 70%-80% of the current piston engine airplane fleet is premium ethanol-free gasoline, which is also disappearing due to pressure from federal and state mandates for ethanol use in vehicle fuels.
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FAA Requires Inspection of 600 Boeing 737s. --- Dominic Gates, The Seattle Times, March 13, 2010
The Federal Aviation Administration issued an emergency Airworthiness Directive on Friday, March 12, requiring that airlines inspect about 600 Boeing 737s to check a mechanism that controls the flap on the horizontal tails of the jets. The directive stems from an in-flight incident on March 2, when a Ryanair 737-800 was found to have “extensive damage” to the left elevator, which is a moveable flap on the horizontal tail that controls the pitch of the airplane. The FAA report found that severe vibration in that attach point is suspected of allowing rapid wear of the joint and resulting in failure of the attach lugs, and that the condition, if not corrected, could result in a loss of aircraft control and structural integrity.
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FAA Bill’s Higher Fees to FundAirport Fixes. --- Marla Matzer Rose, The Columbus Dispatch, March 14, 2010
The new Federal Aviation Administration authorization bill will likely mean higher fees for passengers and more taxes for the private-aviation industry, but the money will be used to improve airports and modernize the U.S. air-traffic control system. Airports have been raising passenger facility charges, which they use in combination with FAA grants to undertake improvement projects.
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FAA Rules Wind Turbines Wouldn’t Interfere With Airports. --- Jim Ferolie, The Verona Press, March 15, 2010
The Federal Aviation Administration has determined that the planned wind turbines for Epic campus in Oregon will not interfere with nearby airports in the Town of Verona. The contractor the Morse Company is still gathering data and has not decided on the locations and heights of the turbines they will build, if any, but the application with the FAA was simply to see what the limit would be from an aviation hazard perspective before considering other important effects, like noise.
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FAA Publishes List of Newly Approved AIP Grants. --- Federal Aviation Administration, March 15, 2010
The Federal Aviation Administration has published a list of newly approved Airport Improvement Program grants.
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Pilots Who Overshot Minneapolis Can Seek to Fly Again. --- John Hughes, Bloomberg, March 15, 2010
The Federal Aviation Administration said two pilots for Delta Airlines’ Northwest unit who had their licenses revoked after accidentally flying past their destination in Minneapolis can apply for reinstatement on August 29. The FAA suspended the two pilots’ licenses on October 27, 2009, but has since reached a settlement that will let the pilots reapply to fly. The pilots remain suspended by Delta as the company is still working to complete its investigation into the incident.
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Exit-Row Seat Sales Compromise Safety, Some Fliers Fear. --- Ben Mutzabaugh, USA Today, March 16, 2010
Fliers have been expressing concerns about safety with the sale of exit-row seats, citing situations where someone who was sitting in an exit-row could lack the capability to perform exit-row responsibilities in the event of an emergency. Federal Aviation Administration rules on exit-row seats are detailed, but it is up to the airlines to make sure that the passengers sitting in those seats meet the guidelines and are capable of helping in an emergency.
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FAA Bill With Controversial FedEx Labor Provision is Postponed Again. --- Bartholomew Sullivan, The Commercial Appeal, March 16, 2010
The Federal Aviation Administration bill will not be completed by its March 31 deadline, and will need another temporary extension while the Senate and House work on the bill anew. There have been many problems reconciling the bill, and the postponement comes in part because of a lack of a resolution on a controversial provision that would make it easier for FedEx employees to form unions.
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More articles on this topic:

House Passes 3-Month FAA Extension. --- Aviation News Today, March 17, 2010
The House passed a bill to extend aviation programs and excise taxes through July 3, 2010, as the multi-year Federal Aviation Administration authorization bill is unlikely to be passed soon. The last multi-year FAA bill expired nearly two and a half years ago and lawmakers have approved a series of short-term extensions instead, but the current extension expires at the end of the month.
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FAA Wants New Software on Boeing 777s to Prevent Inadvertent Autopilot Engagement. --- Harry R. Weber, Associated Press, March 16, 2010
The Federal Aviation Administration wants new software installed on Boeing 777s to prevent crews from inadvertently engaging autopilot before takeoff, which could result in high-speed rejected or aborted takeoff and increase the chance of a runway overrun. Boeing says the problem is rare and that there have been only nine reported instances of a rejected takeoff because of inadvertent engagement in the 777's 15-year service history, but the FAA will be issuing an airworthiness directive in the Federal Register nonetheless.
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Airline-Fee Disclosure May Be Added to Senate Bill. --- John Hughes, Bloomberg, March 16, 2010
Under a provision that may be added to the Federal Aviation Administration reauthorization bill, airlines and travel agents would have to disclose all fees for checked bags, food, and seating assignments before U.S. passengers purchase tickets. U.S. airlines have been increasing revenue by charging fees, and while Senator Robert Menendez, who is backing the provision, said passengers have a right to know what they are paying for, a spokesman for the Air Transport Association said fees give passengers “the greatest possible choice” since fees ensure that those who want the lowest fares will not be forced to subsidize passengers who want additional services.
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Senate Kills Controversial Amendments to FAA Bill, but Dozens Remain. --- Jessica Brady, Roll Call, March 16, 2010
The Senate voted against several controversial amendments to the Federal Aviation Administration bill on Tuesday night but many remain, nearly guaranteeing that the Senate will still be on the measure for the rest of the week.
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Bob Hope Airport Authority is Seeking Nighttime Curfew. --- Daniel Guevarra, AvStop.com, March 17, 2010
The Burbank-Glendale-Pasadena Airport Authority received notice from the Federal Aviation Administration that it may proceed with an Application for a Proposed Curfew at Bob Hope Airport in Burbank, California. The Airport Authority is proposing to adopt a mandatory curfew prohibiting all takeoffs and landings between 10:00 p.m. and 6:59 a.m. with limited exceptions, which would significantly reduce nighttime noise.
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Senate OKs Measure to Boost Flight Hours for New Co-Pilots. --- Jerry Zremski, The Buffalo News, March 17, 2010
The Senate unanimously passed an amendment to the pending Federal Aviation Administration authorization bill that would require new co-pilots to have 800 hours of flight experience under specific, rigorous conditions, up from the current 250 hours of general experience required. The amendment will be combined with a series of other changes to the bill that are still being developed. The Senate is expected to pass the full FAA bill soon, but it is unclear how it will be merged with the House FAA reauthorization bill that passed last year and a separate House aviation bill that was passed after last year’s crash of Colgan Air Flight 3407 near Buffalo, New York.
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Bellingham Airport to Expand Runway. --- Puget Sound Business Journal, March 17, 2010Port Bellingham officials have approved a $26.3 million runway expansion project at Bellingham International Airport in Washington, but the Federal Aviation Administration is paying 95 percent of the project’s cost. Work on the project will begin in May and is expected to be completed in October, and when it is completed, port officials say a plane as large as a Boeing 757 will be able to use the airport. Last year more than 320,000 passengers used the airport, up from approximately 80,000 passengers in 2004.
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FAA Says No to Venice Airport Downgrade. --- Kim Hackett, Herald Tribune, March 17, 2010
The Federal Aviation Administration has said “no” for the third time in recent months to the Venice City Council’s request to downgrade Venice Municipal Airport in Florida. The City Council would like to change the airport’s designation from a C to a B, as the designation impacts the size and weight of planes that can safely use the runways and safety zones over a golf course and nearby neighborhood. The FAA is willing to work with the city and would consider other alternatives, but the council has still voted and directed its consultant to draft a plan to make the airport B-designated despite FAA decisions to the contrary.
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