April 30, 2010 - Aviation and Airport Development Updates
April 30, 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.
FAA Expands Air Traffic Education Program. --- Bill Goldston, AvStop.com, April 12, 2010
The Federal Aviation Administration has added five new colleges and universities to its Air Traffic Collegiate Training Initiative (AT-CTI), a program that provides the appropriate education, experience, and training for terminal and en route air traffic controller occupations. Graduates of the program may often bypass the initial five-week air traffic basics training required when they report to the FAA Academy in Oklahoma City, and from fiscal years 2005 to 2009 more than 40 percent of air traffic controllers hired graduated from a school in the AT-CTI program.
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Crop-Dusters Flew Too Low, 4th Circuit Rules. --- Courthouse News Service, April 23, 2010
The 4th Circuit federal appeals court in Virginia upheld a finding that two farmers in West Virginia violated Federal Aviation Administration regulations by flying crop-dusting planes too low in a congested area. The farmers argued that the area was not congested and FAA regulations are unconstitutionally vague, but the court noted that the farmers had reason to believe that the residential area near where they were might be congested.
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Neighbors Abuzz Over Possible Runway Extension at Vance Brand Airport. --- Clay Evans, Longmont Ledger, April 23, 2010
Neighbors of Vance Brand Municipal Airport in Longmont, Colorado are concerned about renewed talk of extending the airport’s runway, citing increased noise and potential disturbance to wildlife in the area. Extending the runway would open the airport to more corporate jets and could diminish the area residents’ quality of life. Longmont mayor Bryan Baum instead says a longer runway would provide economic benefit to the city and is a matter of “maximizing the city’s assets.”
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NEPA Process Slowing NextGen Progress, Says GE Aviation CEO. --- The Bulb Eater, April 26, 2010
Lorraine Bolsinger, president and chief executive officer of GE Aviation Systems, says the environmental process of NEPA is getting in the way of environmental progress in the NextGen system. Ms. Bolsinger says technologies are now available to reduce aviation carbon dioxide and other emissions, fossil fuel consumption, and aircraft noise, but the problem is the “bureaucracy and red tape” surrounding the administration of NEPA, with the current application of the environmental review process making it practically impossible to implement meaningful change.
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AAAE Urges Airport Priorities in FAA Reauthorization Bill. --- Aviation News Today, April 23, 2010
The American Association of Airport Executives President has urged lawmakers to pass Federal Aviation Administration reauthorization legislation that raises the PFC cap, rejects a controversial aircraft rescue and fire fighting proposal, and includes other priorities. The AAAE president told the House and Senate transportation committee leaders that raising the PFC cap would generate more than $1 billion annually, and encouraged the lawmakers to support provisions in the House- and Senate-passed reauthorization bills that would increase Airport Improvement Program funding as well as funding for other programs “critical” to help small communities retain and attract commercial air service.
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FAA to Mandate New Round of Safety Inspections on Some Boeing 737s. --- Andy Pasztor, The Wall Street Journal, April 24, 2010
The Federal Aviation Administration will mandate speedy inspections to prevent potentially dangerous vibrations affecting certain flight-control surfaces on the tails of some of the latest Boeing 737 models. The safety directive will require inspections of mechanisms that help control part of the elevators--movable panels located on the horizontal tails of aircraft--on approximately 125 U.S. registered Boeing 737s.
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Congress Should Keep its Focus on Airline Safety (Editorial) --- FAA Whistleblower, April 24, 2010
Recent congressional hearings have revealed major shortcomings in the aviation industry’s safety oversight procedures, far more pressing than inconveniences like late flights, canceled flights, and lost luggage. Congress should increase scrutiny of the Federal Aviation Administration and the industry it purports to relate as the FAA’s self-regulation is obviously not working.
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FAA Wants No Pilot Distractions. --- Alan Levin, USA Today, April 26, 2010
The Federal Aviation Administration will issue a notice to air carriers calling for better internal rules and training on the issue of pilot distractions. The FAA wants to ensure pilots are not distracted by cell phones, laptops, and extraneous conversations, spurred by a recent series of incidents in which pilots’ attention was diverted from flying. The notice is voluntary, but failure to follow its suggestions can lead to additional inspections and scrutiny of records on safety efforts.
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FAA Guidance Makes it Clear There is No Room for Distraction in the Cockpit. --- AvStop.com, April 26, 2010
Although the Federal Aviation Administration already has the “Sterile Cockpit Rule” which prohibits pilots from engaging in any type of distracting behavior during critical phases of flight, it is now distributing an “Information for Operators” guidance asking airlines to address distraction through crew training programs and create a safety culture to control cockpit distractions. FAA Administrator Randy Babbitt said that every aviation professional needs to take distractions in the cockpit seriously, and the FAA will not tolerate pilots engaging in tasks not directly related to required flight duties.
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FAA Introduces Satellite-Based ADS-B at Philadelphia. --- Simon Hradecky, The Aviation Herald, April 26, 2010
The Federal Aviation Administration introduced Philadelphia as one of the four demonstration sites for air traffic control services provided using a satellite to receive data from ADS-B capable aircraft transponders. Such transponders transmit the current position and altitude tracked within a plane’s inertial reference system and air traffic controllers thus receive position updates every second, instead of about every 4.5 seconds by radar. The FAA expects ADS-B to be available nationwide by 2013.
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World Aviation Training Seminar. --- J. Randolph Babbitt, Federal Aviation Administration, April 27, 2010
Federal Aviation Administration Administrator Randy Babbitt talked about maintaining focus at the World Aviation Training Seminar in Florida, citing a shared responsibility for safety. Mr. Babbitt urged focus on preventing “the things that could form a chain of causation” and stressed that automation “does not remove the human” from the process of enhancing safety, and said that it is a mistake to think that machines will eliminate mistakes.
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EPA Seeks Public Comment on Aircraft Lead Emissions Data. --- Pollution Online, April 26, 2010
The Environmental Protection Agency is requesting comment on data available for evaluating emissions and potential exposure to lead in gas used in piston-engine aircraft. U.S. lead emissions have decreased by more than 90 percent since 1980, but today lead emissions from aviation gasoline account for about half the nation’s lead inventory.
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NPRM on Lead Emissions from Piston-Engine Aircraft Using Leaded Avgas. --- Rotor News, April 28, 2010
The Environmental Protection Agency issued an advance notice of proposed rulemaking (ANPR) in regards to lead emissions from piston-engine aircraft using leaded aviation gasoline. The ANPR is a response to a petition filed by Friends of the Earth in 2006.
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DOT Fines Southwest for Violations of Denied Boarding Compensation Rules. --- Department of Transportation, April 27, 2010
The Department of Transportation assessed a civil penalty of $200,000 against Southwest Airlines for violating federal rules regarding passengers denied boarding on oversold flights. Consumer complaints and a site inspection at the airline’s headquarters during 2009 revealed numerous instances in which Southwest denied boarding to passengers but did not comply with DOT regulations regarding procedures to be followed when flights are oversold.
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FAA Proposes $348,000 Civil Penalty Against Chautauqua Airlines. --- Federal Aviation Administration, April 27, 2010
The Federal Aviation Administration proposed a $348,000 civil penalty against Chautauqua Airlines for allegedly operating some of its regional jets without performing inspections required by five different FAA airworthiness directives.
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House Proposes FAA Act Extension. --- R.G. Edmonson, The Journal of Commerce, April 27, 2010
The House of Representatives has received a bill to extend the funding of the Federal Aviation Administration through July 3rd, with the current extension set to expire April 30th. The House and Senate have passed separate versions of an FAA reauthorization bill and need time to work out the differences.
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U.S. Senate Passes FAA Extension Through July 3. --- Rotor News, April 29, 2010
The House and Senate have passed resolutions extending Federal Aviation Administration programs through July 3rd as they work on HR 1586, a multi-year FAA reauthorization bill. The last law authorizing FAA programs expired in 2007 and has been receiving short-term reauthorizations since.
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Congress Extends FAA Reauthorization Bill Again; Delays Action on FedEx Matter. --- Bartholomew Sullivan, The Commercial Appeal, April 30, 2010
The House and Senate have extended the Federal Aviation Administration reauthorization law through July 3rd while reconciling their separate FAA bills. The House bill contains a provision that would make it easier for FedEx workers to unionize, a provision that Senators Lamar Alexander and Bob Corker of Tennessee vow to keep from any final bill.
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Dallas/Fort Worth International Airport Partners With EPA to Fight Climate Change. --- Environmental Protection Agency, April 28, 2010
Dallas/Fort Worth International Airport increased its ranking to No. 9 on the Environmental Protection Agency’s Top 20 Local Government list of the largest green power purchasers. The airport is purchasing 60 million kilowatt-hours of green power annually, demonstrating a “proactive choice” to switch away from traditional sources of electricity generation and support cleaner renewable energy alternatives.
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Flyers Rights Announces Launch of New Application to Empower Passengers on the Day the New DOT Tarmac Rule Takes Effect. --- PR Newswire, April 29, 2010
Kate Hanni, executive director of Flyersrights.org, announced the launch of a new application that will provide passengers with real time data on the status of their flights via GPS, and stressed that a proposed ban on cellular communications and Voice Over Internet Protocol in the House version of the pending Federal Aviation Administration reauthorization bill could curtail passengers rights to use new technologies while on board commercial aircraft. She cited cellular technology as being indispensable to capturing, recording, and transmitting information vital to enforcing and protecting passengers’ rights, ensuring that the airlines are fully accountable and in compliance with the new 3 Hour Tarmac Rule that went into effect on Thursday, April 29th.
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No Need for Cutting Trees, Extending Airport Runway. --- Ron Smetek, The Island Packet, April 30, 2010
A Hilton Head Island Airport neighbor in Hilton Head Island, South Carolina says there is no need to extend the airport’s runway or cut any trees, because commercial service will continue there nonetheless and the aircraft using or likely to use the airport do not need a longer runway. He also said the Federal Aviation Administration must conduct an authoritative assessment of potential hazards before the runway can be extended, or any trees unnecessarily removed.
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Chicago Granted New FAA Extension on Midway Privatization. --- The Wall Street Journal, April 30, 2010
The city of Chicago has asked for and received a new three-month extension through the end of July, when it must update the Federal Aviation Administration on its plans and timetable to privatize Midway Airport.
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