April 9, 2010 - Aviation and Airport Development Updates
April 9, 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.
Government Watchdog Backs FAA Whistle-blower. --- Associated Press,
A whistle-blower charging that Federal Aviation Administration regulators helped American Airlines avoid grounding planes with improper electrical wiring has the partial support of federal officials. Documents released by the Transportation Department’s inspector general agree that American was violating federal standards, but concluded that the FAA was within its power to let American keep using the jets while it sought a second opinion about the wiring.
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O’Hare Gets $410 Million, But Talks with Carriers Still on Stand-by. --- John Pletz,
O’Hare Airport in
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AA Criticizes Panel that Found LAX’s North Runways are Safe. --- Jeff Gottlieb,
The Federal Aviation Administration has criticized the panel of academics that said the runways at
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Los Angeles
In a letter released Tuesday, the chief of the Federal Aviation Administration warned Los Angeles Mayor Antonio Villaraigosa that putting off redesigning portions of the airfield at
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FAA Program Reveals Thousands of Safety Lapses. --- CBS,
The new Air Traffic Safety Action Program (ATSAP), launched a year and a half ago by the Federal Aviation Administration, has resulted in the revelation of thousands of previously unreported air traffic mishaps. The program offers immunity to employees who provide honest reports of safety lapses in all but the most serious cases, and since its launch the FAA has gathered more than 14,000 reports. The FAA is using the program to make changes designed to eliminate the mostly minor safety issues.
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Administrator Calls Collaboration Key to FAA’s NextGen. --- Emily Long, nextgov,
Federal Aviation Administration officials and industry representatives agree that the success of NextGen, the FAA’s ambitious program to replace the nation’s aging radar-based air traffic control system with a satellite-based network by 2020, depends on collaboration and policy changes, not technology. FAA Administrator Randy Babbitt said the FAA and industry members must work together to determine the most effective order in which to implement new capabilities and stressed the importance of moving forward with NextGen.
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AA Hiring Practices for Air Traffic Controllers In Question. --- Mike Mitchell, AvStop.com,
The Department of Transportation’s Office of Inspector General issued a report on the Federal Aviation Administration’s policies and procedures for hiring air traffic controllers, and found that the FAA’s process for selecting and placing new controllers does not sufficiently evaluate candidates’ aptitudes. The DOT found that the FAA does not effectively use screening test results or consider candidates’ FAA Academy performance to help determine facility placement, and recommended that the FAA evaluate and redesign its current screening test to consider candidates’ skill sets, assign candidates to a facility based on their Academy performance, and improve its academy training program.
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United’s Talks With US Airways Could Be Signal to Continental It’s Ready to Deal: Analyst. --- Reuters,
United Airlines is in merger talks with US Airways in a deal that could create the second-largest carrier in the
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EPA Aims to Regulate Airports’ Use of Deicing Fluid, Drawing Safety Concerns From Pilots, and Airlines. --- Jonathan Strong, The Daily Caller,
Pilots, airlines, and airports are warning that the Environmental Protection Agency’s proposal to limit the amount of toxic deicing fluid that trickles off runways and into nearby streams and rivers could pose serious safety risks, as the fluid is used to keep airplanes from freezing up and crashing. Critics point to the record-setting blizzards that recently beset the East Coast and show how unworkable the regulation would be during winter weather. The EPA is considering the concerns carefully, but noted that it had consulted the Federal Aviation Administration before issuing the regulation.
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EPA Ban on 100LL Deadline Coming in 2011? --- Rotorcraft Professional,
The Environmental Protection Agency is expected to issue a notice in the next few weeks concerning the future of 100LL aviation fuel. The notice will describe the lead inventory related to use of leaded avgas, air quality, and exposure information, as well as additional information the agency is collecting related to the impact of lead emissions from piston-engine aircraft on air quality. The EPA is seeking input from the industry and the public to develop a transition plan so the fuel can be phased out. Finding a viable replacement for 100LL has been a topic of concern in the general aviation world for two decades or more, and input from advocacy groups and manufacturers will have to be worked through to come up with a consensus standard and produce a fuel that will reliably meet the needs of general aviation airplanes.
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Darby Aviation License Suspended by FAA And It’s Not the First Time. --- Bill Goldston, AvStop.com,
The Federal Aviation Administration has issued an emergency cease and desist order against Darby Aviation, and not for the first time. The FAA does not believe that the company has the ability to ensure safe operations at this time, and additionally determined that Darby Aviation’s chief pilot and its Director of Operations are not qualified to hold their positions. The FAA had previously issued an emergency cease and desist against Darby in 2005.
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FAA Suspends Darby Aviation’s Air Carrier Certificate. --- Flight Source,
The Federal Aviation Administration suspended Darby Aviation’s air carrier certificate until the company can demonstrate that it can conduct operations in accordance with regulatory requirements. Darby Aviation has failed to produce an acceptable Operations Manual or an approval air training program and the company’s lack of proper operating guidance and its failure to follow basic regulatory requirements has undermined the FAA’s confidence in Darby Aviation’s ability to ensure safe operations.
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Pilots in Botched Takeoff Broke Rules. --- Andy Pasztor, The Wall Street Journal,
Federal crash investigators said that the pilots of US Airways Express Flight 2495 engaged in small talk and violated other basic safety rules before takeoff and before their jet barreled off the end of a runway at
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FAA Proposes $380,000 Civil Penalty Against Frontier Airlines. --- Federal Aviation Administration,
The Federal Aviation Administration has proposed a $380,000 civil penalty against Frontier Airlines for operating several aircraft on approximately 900 flights when they were not in compliance with Federal Aviation Regulations. The FAA alleges that in 2008 and 2009 Frontier reconfigured the passenger cabins on some of its aircraft to permit dual-aisle access to the overwing emergency exits but did not replace the existing placards with placards showing the new configuration as required, and operated the aircraft with the wrong placards in place.
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FAA Proposes $260,000 Civil Penalty Against ERA Helicopters. --- Federal Aviation Administration,
The Federal Aviation Administration has proposed a $260,000 civil penalty against ERA Helicopters for failing to perform test flights and other required checks before returning an aircraft to passenger service. The FAA says that ERA operated a helicopter on 23 passenger-carrying flights without performing tests to ensure that some replacement work had been done properly, in violation of a number of Federal Aviation Regulations.
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Safer Aviation Requires Fairer Laws. --- Hon. Malcolm Wallop, The Daily Caller,
The House and Senate have each passed their version of the Federal Aviation Administration Reauthorization Act, but delivery giant FedEx is threatening to hold up the process of reconciling the two bills unless it gets to maintain its special treatment preventing the unionization of the company’s employees. FedEx uses the disparity as leverage against rival UPS, wanting to scare prospective clients into signing with FedEx on the grounds that FedEx is “union proof” and will never face a strike. FedEx is selling “strike-proof” status granted by government favoritism and it is time for such treatment to end.
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FAA Proposes New Policy on Antidepressants for Pilots. --- Federal Aviation Administration,
The Federal Aviation Administration will consider the special issuance of a medical certificate to pilots who are taking medications for mild to moderate depression. On a case-by-case basis, pilots who take one of four antidepressant medications will be allowed to fly if they have been satisfactorily treated on the medication for at least 12 months, and the FAA will not take any civil enforcement action against pilots who take advantage of a six-month opportunity to share any previously non-disclosed diagnosis of depression or the use of these antidepressants.
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