Aviation and Airport Development Law : Aviation Lawyer & Attorney : Chevalier Allen & Lichman Law Firm : Airport Development, Environmental Law

March 5, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  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 week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Senate to Revive Long-Stalled FAA Bill to Modernize Air Traffic System. --- Dave Michaels, The Dallas Morning News, February 24, 2010
The Senate will soon bring up the long-stalled Federal Aviation Administration reauthorization bill. The bill would create thousands of jobs and is additionally loaded with elements that affect the oversight of airlines, background checks for pilots, and protections for passengers stranded on tarmacs. It also contains a provision that would require air-traffic system modernization by 2018, instead of the previous target date of 2025.
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Flight Attendant Leaders Push for Progress on FAA Reauthorization. --- PRNewswire, February 26, 2010
Leaders from the Association of Flight Attendants and the Association of Professional Flight Attendants met with the offices of several Senators to promote moving forward with the Federal Aviation Administration reauthorization bill, which includes many key provisions for flight attendants. The bill includes fatigue study information and workplace safety and health protections, cabin air quality provisions that would identify the equipment and technologies available to detect and filter highly toxic contaminants in the air supply, English language standards for flight attendants, and a “Return to the Cabin” program that would allow flight attendants an opportunity for rehabilitation after testing positive for drug or alcohol abuse.
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February 26, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  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 week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Watchdog Finds Aircraft Maintenance Problems at American Airlines, Calls FAA Oversight Weak. --- Joan Lowy, Associated Press, February 18, 2010
According to a report released Thursday by the Department of Transportation’s Office of Inspector General, the Federal Aviation Administration’s lax oversight of aircraft maintenance at American Airlines raises concerns about the agency’s ability to regulate aircraft maintenance in general. At least four maintenance-related allegations made two years ago have “potential safety implications,” and despite a significant increase in maintenance problems at American, the FAA did little to address the issues. The report questions the FAA’s effectiveness and notes that the FAA only ever took action after the department had briefed agency officials on the need for them.
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FAA: Body Falls From Miami-Bound Airplane. --- The Denver Channel, February 18, 2010
A person’s body fell from a wheel well of an airplane leaving the Dominican Republic for Miami on Thursday, February 18. The body was recovered in the Dominican Republic.
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FAA Safety Reforms Finally Going to Senate. --- Jerry Zremski, The Buffalo News, February 11, 2010
A week of the U.S. Senate floor time will be scheduled in March for the Federal Aviation Administration reauthorization bill, including its safety provisions. Several of the provisions address concerns that the National Transportation Safety Board listed last week as part of its investigation into the crash of Continental Connection Flight 3407 near Buffalo, New York, last year. The bill would raise pilot-training standards and set requirements for the airlines’ remedial training programs, as well as mandate other increased safety initiatives. Senate Majority Leader Harry Reid finally made the commitment to move the FAA bill up by six months because the Senate has passed its version of health care reform, which had kept it occupied for months, and because the latest in a series of short-term extensions of the FAA bill is set to expire March 31.
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Senate FAA Reauthorization Bill Expected to Finally Move in March! --- Rotor News, February 12, 2010
Senator Charles E. Schumer has persuaded Senate leadership to move ahead with the Federal Aviation Administration reauthorization bill in March. FAA authorization and safety reforms will be considered over the course of a week, though it is unknown if the Senate Finance Committee will mark up the bill before it goes to the Senate floor for debate.
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FAA Reauthorization and Rule Changes to See Debate in March. --- Glenn Pew, AVweb, February 12, 2010
A week of Senate floor time will be scheduled in March to address aviation safety reforms and the Federal Aviation Administration reauthorization bill. The FAA reauthorization bill has been through several short-term extensions which are set to expire March 31. The bill’s current provisions address pilot safety standards and set requirements for remedial training programs for commercial carriers, as well as call for independent study of pilot fatigue research to be considered in new flight-time and duty-time rules for pilots. The House already passed its version of the reauthorization bill but it is considered more stringent than the bill the Senate has proposed, and whatever the Senate passes will have to be merged with the House bill by a House-Senate conference committee.
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February 12, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  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 week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Families of Those Lost in Crash of Flight 3407 Angry With FAA. --- Scott Brown, WGRZ, February 6, 2010
The families of the victims of Flight 3407 are increasingly frustrated and angry with the Federal Aviation Administration, critical of what they see as the agency’s inaction. They are pushing for first officers on regional airlines to have the same flying experience as the pilot’s, but Randy Babbitt, FAA Administrator, said while numbers might be important, the FAA needs to take “a hard look” at all of the elements of training a pilot has been exposed to. The families are now shifting their focus to Congress, where the House has already passed a flight safety bill and the Senate has a similar bill.
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No Way to Run Airlines: FAA Has Done Nothing About Roots of Buffalo Crash. --- New York Daily News, February 8, 2010
The Federal Aviation Administration has done little about the safety lapses that were partially responsible for last year’s crash of Colgan Air Flight 3407 near Buffalo, New York. Despite repeated pressure from the National Transportation Safety Board, which made recommendations “time after time,” the FAA ignored them and has a reputation of long and ineffectively attempting to cajole the airlines into reforming themselves.
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Pilots Risk All for Low Hours, Low Pay. --- Miles O’Brien, Marketplace, February 9, 2010
Regional airlines like Colgan have been involved in every one of the last six fatal commercial airline crashes in the U.S. Safety sometimes takes a bottom line at these airlines because they are often paid by the majors on the number of flights they complete, and not the number of passengers they carry. Pilots, too, are only paid for the hours they fly though they may be on duty for many more; as a result they are underpaid and overworked. The current pay scheme could and seems to have undermined safety, though the Regional Airlines Association president insisted profit never trumps safety.
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February 5, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  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 week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Study: Water Vapor May Help ‘Flatten Global Warming Trend.’ --- Doyle Rice, USA Today, January 28, 2010
According to a new study released in the journal Science, water vapor, a potent, natural greenhouse gas that absorbs sunlight and re-emits heat, is the “wild card” of global warming. A drop in the concentration of water vapor in the stratosphere very likely helped to flatten the global warming trend since 2000. The cause of the drop in water vapor concentration is unknown, but the decline slowed the rate of surface warming by 25%.
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Controller Staffing Plummets at Busy California FAA Facility; Safety Now an Issue as Errors on the Rise. --- PRNewswire, January 29, 2010
Southern California Terminal Radar Approach Control (TRACON), the nation’s busiest Federal Aviation Administration air traffic control facility that handles climb and approach phases of flight, has seen a 26% drop in the last six years in its number of fully trained and certified air traffic controllers. Facility representative Mel Davis said that the facility needs more experienced controllers, more space to accommodate them, and updated equipment to train them. The problem facing the FAA is trying to get experienced veterans to leave their short-staffed facilities to come to SoCal TRACON, another short-staffed facility.
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Venice Council Ignores FAA Advice. --- Kim Hackett, Herald Tribune, January 29, 2010
The Venice City Council in Florida voted Thursday, January 28, 2010 to submit a plan to downgrade Venice Municipal Airport despite warnings from the Federal Aviation Administration and consultants’ advice to the contrary. Council member Sue Lang said lowering the airport designation would not cost any money and would solve safety problems. A showdown is likely as the FAA has already frozen funds for airport improvements and the agency has repeatedly told the council it would not approve a downgraded plan.
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Airport Decision Could Cost Venice Millions. --- Kim Hackett, Herald Tribune, January 31, 2010
Venice City Council’s decision to submit plans to the Federal Aviation Administration to downgrade Venice Municipal Airport could cost the city millions in federal and state grants and hundreds of thousands of dollars in legal fees. Council members want a shorter runway so that approximately two dozen homes and a golf course would no longer be in an airport safety zone, and they also want to limit jet traffic, but the FAA has ruled against the city at every turn. The FAA will likely reject the plan, which could prompt a protracted battle between the FAA and the city, and the agency could also withhold federal and state funds for airport and runway improvements. A spokesman for the FAA said the city must abide by the agency’s rules as it has accepted millions in the past for airport improvements.
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Skydiving Nixed at Airport. --- John Koziol, The Citizen of Laconia, January 29, 2010
The Laconia Airport Authority in New Hampshire has rejected plans to operate a skydiving business at the facility, citing safety concerns raised by the Federal Aviation Administration. In a December 21, 2009 letter from the FAA to the Airport Authority, the agency ruled that skydivers and aviators were not a good mix at the airport. The FAA studied proposed landing sites at the airport and found that the proposed landing area would adversely affect the safe and efficient use of the navigable airspace by aircraft and the safety of persons and property on the ground.
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NTSB Seeks Authority Over Commercial Space Accidents. --- Andy Pasztor, The Wall Street Journal, January 29, 2010
The National Transportation Safety Board is seeking to expand its purview to cover commercial spacecraft mishaps and accidents. The safety board asked Congress for primary investigative authority over accidents involving commercial space vehicles and for a nearly 20% boost to its budget for the fiscal year starting October 1. The Federal Aviation Administration would retain existing authority to regulate space-tourism operators, establish minimum crew standards, and ensure that passengers are advised about the risks associated with such flights, but the NTSB would be specifically authorized to investigate incidents involving civilian unmanned aircraft.
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FAA Approves 3 Wind Turbines for Providence Wastewater Facility. --- Peter Lord, The Providence Journal, January 30, 2010
The Federal Aviation Administration approved plans by the Narragansett Bay Commission to install three 360-foot wind turbines at its Field’s Point Wastewater Treatment Facility in the Port of Providence, Rhode Island. The Commission still needs approval from several other agencies, but hopes to have the turbines up and running by October 2011. The FAA had raised concerns that the turbines would pose a hazard for nearby T.F. Green Airport, but the Rhode Island Airport Corporation did some modeling that showed the turbines would be well below the glide path to the airport.
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Engine Icing Hazards Discovered on Embraer Regional Jets. --- Andy Pasztor, The Wall Street Journal, January 29, 2010
Aviation regulators in Brazil and Europe have issued safety directives for hundreds of regional Embraer jetliners, intending to prevent both engines on such planes from shutting down in mid-flight. The related moves stem from software problems that regulators believe could result in loss of automatic activation of ice-protection systems for engines on some Embraer 170 and 190 jets, and if pilots fail to react properly in such circumstances ice may build up on engine inlets and cause a dual engine shut down. The Federal Aviation Administration is considering taking similar action.
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Work Begins on $18.8 Million Air Traffic Control Tower. --- Josh Mrozinski, The Times-Tribune, January 29, 2010
Work officially began Friday, January 29, 2010 on an $18.8 million project to replace a 57-year-old air traffic control facility at Wilkes-Barre/Scranton International Airport in Pennsylvania. The airport’s existing air traffic control tower is equipped with hardware that is several decades old and limits line of sight, preventing the use of a runway. The new tower is funded from the American Reinvestment and Recovery Act, and thanks to the stimulus funding Luzerne and Lackawanna counties did not have to borrow money as originally planned.
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Toledo Express Air Traffic Controllers Fight Move of Radar Unit. --- Carl Ryan, Toledo Blade, January 30, 2010
Air traffic controllers at Toledo Express Airport in Swanton, Ohio are fighting the Federal Aviation Administration’s plan to move some of their duties to Cleveland. They say such a move would mean diminished service for general aviation at Toledo Express, less safety, higher costs, and a reduction in efficiency. The FAA has made no decision to relocate the terminal radar approach control, but is considering doing so.
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Gulfstream Sales Expected to Grow in 2010. --- Mary Cart Mayle, Savannah Now, January 30, 2010
Gulfstream Aerospace earnings for calendar year 2009 were down significantly from a year ago, but the company reports continued strength in order activity and substantially fewer customer defaults and improved service volume. Sales and operating earnings for the fourth quarter 2009 were up compared with the third quarter 2009, with all indications pointing to market improvement in 2010.
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FAA Proposes Nearly $2.5 Million Civil Penalty Against American Eagle Airlines.. --- Federal Aviation Administration, February 1, 2010
The Federal Aviation Administration proposed a $2.5 million civil penalty against American Eagle Airlines for operating flights without adequately ensuring the weight of baggage was properly calculated. The FAA alleges that American Eagle conducted at least 154 passenger-carrying flights between January and October 2008 when the baggage weight listed on airplane cargo sheets disagreed with data entered into the company’s Electronic Weight and Balance System. Erroneous data into the weight and balance system results in an incorrect computation of the weight and balance of a particular aircraft and could potentially lead to faulty calculations for the proper control settings and reference speeds necessary for safe takeoffs and landings.
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Midway Airport Privatization in Holding Pattern. --- Paul Merrion, Chicago Business, February 1, 2010
The city of Chicago has told the Federal Aviation Administration that it still plans to privatize Midway Airport “at the earliest practicable date” in the city’s first official statement of its intentions since a deal fell through last year. Last week the city asked the FAA for more time to complete the deal, and the pace and direction of the completion of privatization continues to be dictated by conditions in the global capital and credit markets. The city will report back to the FAA by April 30, 2010, on further developments with respect to the process to select a private operator.
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Flaws Cited in ‘09 Crash Could Persist, FAA Says. --- Matthew L. Wald and Christine Negroni, The New York Times, January 31, 2010
The Federal Aviation Administration says it has fixed a variety of flaws that the 2009 Colgan Air crash in Buffalo, New York made obvious, most specifically targeting improved pilot training and safety programs. The agency warned, however, that some problems are not likely to be fixed for years, if at all, such as what to do about pilots who have a long commute and more generally, how to treat and deal with pilot fatigue.
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Raytheon Rigged FAA Bid, Rival Claims. --- Barbara Leonard, Courthouse News Service, February 1, 2010
The Washington Consulting Group filed a complaint in Superior Court alleging that a high-ranking official at the Federal Aviation Administration conspired with her boyfriend to ensure that his employer, Raytheon, won a billion-dollar contract to train the nation’s air traffic controllers. Washington Consulting claims that the defendants’ meddling “undermined the safe and efficient training of air traffic controllers” and that Raytheon’s misconduct constitutes a criminal conflict of interest, waste of federal resources, and unfair bidding procedures.
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FAA Fines Show Extent of Airline Problems. --- Gary Stoller, USA Today, February 2, 2010
The millions of dollars in fines that the Federal Aviation Administration imposes against airlines for violating maintenance and repair regulations illustrate serious problems and show how many flights take off when they shouldn’t and possibly endanger passengers’ lives. The FAA levied $28.2 million in fines and proposed fines against 25 U.S. passenger airlines for maintenance violations that occurred in the past six years, and 90% of maintenance violations do not result in fines but warning letters or other reprimands by the FAA.
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Dangerous Skies? NTSB to Issue Report on Colgan Air Crash. --- Lisa Stark and Huma Khan, Good Morning America, February 2, 2010
The National Transportation Safety Board will issue a report on Colgan Air Flight 3407, which crashed near Buffalo, New York and killed 50 people. The report will highlight commuter airlines’ safety lapses and the board will likely criticize an airline industry that is suffering from serious shortcomings.
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NTSB to Hold Symposium in Response to Buffalo Plane Crash. --- Sholnn Freeman, The Washington Post, February 2, 2010
The National Transportation Safety Board will hold a staff symposium to explore code-sharing agreements between airlines in detail. Code-sharing agreements allow major carriers to expand their operations to routes that would otherwise be unprofitable, and the arrangements have come under scrutiny because of the absence of rules that would require major airlines to examine pilot qualifications and other safety issues at the smaller carriers. The NTSB is holding the symposium as a response to last year’s February 12 crash in Buffalo, New York. Passengers on the flight bought their tickets from Continental Airlines, but the plan was operated by Colgan, a regional carrier.
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Statement from Colgan Air Regarding NTSB Hearing on Flight 3407 February 2, 2010. --- PR Newswire, February 2, 2010
In response to the National Transportation Safety Board hearing on Colgan Air Flight 3407, the company released a statement asserting that all of its pilots are highly trained to handle all situations they may encounter and that the carrier has always made safety the greatest priority. Colgan also said that it will closely review the NTSB’s findings and recommendations and will work closely with regulators and industry colleagues to reinforce safety as the “primary industry objective.”
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In Response to NTSB Recommendations, FAA Issues Statement. --- Federal Aviation Administration, February 2, 2010
The Federal Aviation Administration announced that it will soon publish federal rules to prevent pilot fatigue and further improve pilot training. The announcement comes on the heels of the National Transportation Safety Board’s hearing and recommendations on Colgan Air Flight 3407, which crashed near Buffalo, New York on February 12, 2009. The FAA said it will review and evaluate the NTSB’s recommendations to help determine what further actions may be needed.
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NTSB: Flight 3407 Crash Primarily Due to Pilot Error. --- Joan Lowy, Associated Press, February 2, 2010
In a hearing on Colgan Air Flight 3407, the National Transportation Safety Board said the pilots made “critical errors showing complacency and confusion,”which resulted in the crash that killed everyone aboard the plane. The crash revealed the safety gap that exists between major airlines and regional carriers, and raised concerns as to whether pilots with low-fare airlines are vulnerable to fatigue, long-distance commutes, and inadequate training. The NTSB board will follow up with a forum this spring on pilot and air traffic controller professionalism, and with another forum on partnerships between major carriers and regional airlines.
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Deadly Plane Crash Near Buffalo Underscores Safety Gap, Official Says. --- Clement Tan, Los Angeles Times, February 3, 2010
National Transportation Safety Board Chairwoman Deborah A.P. Hersman said the Colgan Air Flight 3407 crash showed things “[they’ve] seen before” and that the board has made recommendations “time after time” that have not been heeded by the Federal Aviation Administration. In a report on the crash the board cited multiple pilot errors and other procedures and issued 25 safety recommendations.
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Legislation Requires FAA Action. --- WIVB, February 3, 2010
With the release of the National Transportation Safety Board investigation into the crash of Colgan Air Flight 3407, U.S. Senator Kristen Gillibrand is announcing legislation that would require the Federal Aviation Administration to implement the NTSB recommendations. Senator Gillibrand has been working with the families of the victims of Flight 3407 to ask the NTSB to ensure needed changes in the airline system are not ignored, and has worked on a number of bills to address safety concerns in the airline industry.
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Watchdog: FAA Safety Initiatives Lacking. --- Joan Lowy, Associated Press, February 4, 2010
Transportation Department Inspector General Calvin Scovel said the Federal Aviation Administration has failed to implement most of the safety reforms it promised in response to the crash of Colgan Air Flight 3407. The FAA has fallen behind schedule or failed to meet goals on eight of 10 measures the agency said it would take, including new regulations to prevent pilot fatigue and better inspection of training for regional airline pilots. The National Transportation Safety Board has urged the FAA for 20 years to update its rules for pilot hours and work days to prevent fatigue; FAA Administrator Randy Babbitt countered that the law requires the agency to go through a time-consuming process before adopting new regulations.
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United Sues City of Chicago for $1M for Jet-Truck Collision. --- John Pletz, Chicago Business, February 2, 2010
In a lawsuit filed Friday, United Airlines is suing the city of Chicago for more than $1 million for a February 2, 2005 accident when a United jet pushed back from the gate at O’Hare International Airport and struck a city maintenance truck. United alleges that the vehicle was there improperly and that the city had not notified ground control.
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Controllers: FAA Plan Could Jeopardize Safety. --- Edd Pritchard, Canton Rep, February 2, 2010
National Air Traffic Controllers Association members met Tuesday, February 2, 2010 with pilots in Wooster and Akron, Ohio to explain a Federal Aviation Administration plan to move terminal radar approach controllers from the Akron-Canton Airport tower to a central location in Cleveland. The NATCA members have questioned the changes for more than a year and say that under the current setup controllers are familiar with the area around the airports where they work, but that this could change if controllers are consolidated.
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FAA Says Proposal Not Final. --- Edd Pritchard, Canton Rep, February 3, 2010
The Federal Aviation Administration says it has not finalized proposed changes for radar service in Northeast Ohio, and will brief unions as work continues on the plan. Air traffic controller union members have argued the change raises questions about safety, but the FAA insists that safety will not be jeopardized and notes that centralized radar approach control centers are used to manage airspace in major regions like southern and northern California, the Chicago area, and the Baltimore-Washington, D.C. area.
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City Seeks Grant for Runway 17/35. --- Jessica Langdon, TimesRecordNews, February 3, 2010
Wichita Falls, Texas hopes to receive a $5 million grant from the Federal Aviation Administration to get the first phase of reconstruction of a runway. The city plans to do the work in two phases, with work on the southern part to start this year and work on the northern section expected to start in 2011.
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U.S. Interior Dept. Rushed Cape Wind Review Report. --- Ayesha Rascoe, Reuters, February 3, 2010
A report from the Interior Department’s inspector general says the Department in the final days of the Bush administration may have rushed the completion of a positive environmental assessment of the first proposed major U.S. offshore wind project, but no laws were broken by the process. Several agencies were concerned they did not have enough time to provide thorough reviews and input, but none believed the department’s speedy review affected their overall conclusions. The $1 billion Cape Wind project, proposed in 2001, is designed to power 400,000 homes, but has yet to approved by the department under President Barack Obama.
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Federal Investigators Report that Cape Wind Review ‘Rushed’ But Solid. --- Beth Daley, The Green Blog, February 3, 2010
The U.S. Department of the Interior’s Office of Inspector General’s investigation into the Minerals Management Service’s environmental review of the proposed Nantucket Sound wind farm concluded that several agencies felt “rushed” to finish their contributions to the report but that none of the agencies felt their conclusions were changed as a result of that. The final environmental review was largely favorable toward the Cape Wind project but did not include the most current findings about the impact on air traffic. The Interior Department released a statement saying the report “was not the subject of improper political influence or otherwise deficient.”
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FAA Issues Supplemental NOI to Prepare EA for Air Tour Management at Death Valley National Park. --- Federal Register, February 4, 2010
The Federal Aviation Administration has initiated development of an Air Tour Management Plan (ATMP) for Death Valley National Park. An Environmental Assessment is being prepared and Public Scoping comments are requested.
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Our View on Aviation: Does Airline Cost-Cutting Endanger Passenger Safety? --- USA Today, February 4, 2010
Fliers love the low fares that have come with deregulation but should not have to put up with cost-cutting measures that compromise safety. Troubling signs have recently emerged that airlines are shaving costs in ways that are largely invisible to passengers but potentially dangerous, including repeatedly flying aircraft with repair problems that should keep the planes on the ground, and putting regional aircraft in the hands of exhausted, poorly trained, low-paid pilots. The Federal Aviation Administration has caught up with violators and fined them, but it seems that the agency is sometimes worried more about inconveniencing airlines than aggressively safeguarding passengers.
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FAA User Fees Dead for Now. --- William Garvey, Aviation Week, February 4, 2010
The National Business Aviation Association president said the Federal Aviation Administration reauthorization bill could advance within the next four to eight weeks, and that the threat of aviation user fees seems to be dead “at least for this term of Congress.” The Obama Administration’s 2011 budget proposal, released Monday, February 1, contained no mention of user fees to help fund the FAA. The NBAA is hopeful the FAA reauthorization bill will be passed soon by the Senate, where it has stalled in the Senate Finance Committee.
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January 29, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  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 week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

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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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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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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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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.

FAA Reauthorization Again Gets Sidetracked. --- John F. Infanger, Airport Business, December 2, 2009
It seems likely that the Federal Aviation Administration reauthorization bill will not be passed anytime soon. The Senate has been absorbed with the proposed health care bill, and a recent initiative by the Obama administration to curve lobbying could prove crippling to the aviation industry.
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FAA, Other Agencies Testify on Pilot Fatigue and Safety. --- Laurie Misjak, Kansas City infoZine, December 2, 2009
The Federal Aviation Administration and other agencies testified Tuesday, December 1, 2009 about pilot fatigue and safety as several Senate members questioned officials about combating pilot drowsiness. An FAA representative stated that the agency will need until January 31 to release pilot fatigue guidelines, later than the initial January 1 deadline. The FAA is specifically examining pilots’ duty hours, including each pilot’s number of take-offs and landings and the time of day of flights.
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MemphisAirport Accused of Pollution Violations. --- Tom Charlier, The Commercial Appeal, December 1, 2009
Pram Nguyen, a Cleveland resident who has filed several legal actions against major airports across the nation sent a letter to Memphis airport officials and local elected leaders outlining what he says are violations of the federal Clean Air Act. The violations range from the exhaust of baggage tractors to the vapors from de-icing operations. Nguyen’s letter states that he will file suit against the airport if the violations are not remedied, but airport officials and local air quality regulators say the facility is in compliance with the Clean Air Act and does not require permits for the types of emissions cited by Nguyen.
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Critics Pan FAA’s Runway Safety, Pilot Fatigue Efforts. --- Aubrey Cohen, Seattle Post-Intelligencer, December 3, 2009
At the Federal Aviation Administration’s 2009 International Runway Safety Summit the National Transportation Safety Board noted that the FAA has fully implemented none of the six runway safety recommendations issued by the board in July 2009. In response, an FAA spokeswoman said that the agency takes every NTSB recommendation seriously and has successfully implemented more than 80 percent of the board’s over-4,000 recommendations on various issues. Addressing pilot fatigue was another priority noted at the summit, which has taken on new urgency because of agency changes and recent incidents.
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FAA Reviews ‘Operational Error’ in Colorado Airspace. --- Associated Press, December 2, 2009
The Federal Aviation Administration is reviewing a November incident in which a commercial plane turning too late breached the amount of space it was supposed to keep between two other planes near Denver International Airport in Colorado. Planes from SkyWest, Frontier, and Republic airlines were involved, though it is not immediately known which one made the wrong turn or how close the planes were. The FAA is investigating what circumstances led the controller to make the wrong decision and how to prevent the incident from happening again.
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FAA Proposes $4 Million Civil Penalty for Spitfire Aviation Services. --- FAA Press Release, December 4, 2009
The Federal Aviation Administration has proposed a $4 million civil penalty for Spitfire Aviation Services, LLC of Arkansas for numerous violations of Federal Aviation Regulations. The violations include conducting passenger-carrying revenue flights between November 2005 and October 2007, even though Spitfire lacked the appropriate air carrier certificate or operations specifications required under federal regulations for charter operators.
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Puerto Rico Seeks to Privatize Airport, Pay Debts. --- Danica Coto, Associated Press, December 4, 2009
Puerto Rico is seeking permission to privatize operations at its main airport under a federal program meant to finance aviation improvements; Louisiana and Illinois are already participating in the privatization program. The government could receive at least $1 billion for letting a private company run Luis Munoz Marin Airport, which it would use to cut down the island’s $3.2 billion deficit. The FAA has 30 days to review Puerto Rico’s application.
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GAO: FAA Facing Oversight Challenges as Commercial Space Sector Grows. ---
According to a Government Accountability Office report released last week, the Federal Aviation Administration faces a number of challenges in overseeing the growing commercial space launch industry, as space tourism develops and the National Aeronautics and Space Administration starts to rely on the commercial sector for space transportation. These challenges include coordinating the federal response to the commercial space industry’s expansion, such as whether the FAA’s current safety regulations are appropriate for all types of commercial space vehicles, operations, and launch sites.
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VermontAirport Gets Preliminary Upgrade OK From Feds. --- Associated Press, December 7, 2009
Rutland-Southern Vermont Regional Airport in North Clarendon, Vermont has received preliminary approval from the Federal Aviation Administration to expand its runway. The plan calls for the runway to be extended from 1,000 to 6,000 feet, but could cost between $30 and $50 million, and final approval and funding remain uncertain.
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Airports Seek More Money—From You. --- USA Today, December 7, 2009
Airports have been lobbying Congress to raise the cap on Passenger Facility Charges (PFCs) that fliers pay as part of their airline tickets. The charge is currently $4.50 for each leg of the trip, but airlines would like to see it raised to $7.50 and indexed to the inflationary cost of construction. The Federal Aviation Administration reauthorization bill in the House proposes an increase to $7 a leg, but a Senate committee has voted to keep the cap at $4.50.
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Bird Risk to Jets a ‘Flashing Beacon.’ --- Alan Levin, USA Today, December 7, 2009
The Commercial Aviation Safety Team, a government-industry aviation safety group, has elevated birds to its list of priority issues in light of several spectacular collisions between aircraft and birds in recent months. The number of bird-related aircraft incidents is a “flashing beacon” that birds and other wildlife are worth some substantial concern. Airlines believe that the risks from birds are relatively small but deserve more attention because other hazards have been addressed.
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Passenger Rights Don’t Make the Cut on Travel Groups’ Wish-Lists. --- Christopher Elliott, The Seattle Times, December 7, 2009
Trade groups representing various parts of the travel industry most want laws authorizing Congress to spend money, with the majority saying that reauthorizing the Federal Aviation Administration would be in travelers’ “best interests.” The bill would fund the FAA and improve aviation safety and capacity, as well as many other things, including funding the much-needed modernization of air traffic control systems. A general consensus seems to exist that spending money on infrastructure, and not ensuring passenger rights, is the single best way to improve travel.
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FAA Sued Again Over Jacksonville Air Traffic Control Operations. --- Jennifer Lindgren and Taren Reed, First Coast News, December 7, 2009
The daughters of a couple killed in a plane crash near the Gainesville airport in Florida have filed a lawsuit against the Federal Aviation Administration—the third lawsuit to name the Jacksonville operations tower in recent years. In each of the crashes and subsequent lawsuits against the FAA, the families of those who died say air traffic controllers did not properly do their jobs when guiding in the small planes, and in one case even made mistakes that contributed to the crash. The FAA settled with the victims in the previous cases even though the National Transportation Safety Board did not find them at fault.
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FAA Examines Communications Network Involved in Last Month’s Traffic Snarl. --- Joan Lowy, Associated Press, December 8, 2009
The Federal Aviation Administration will form a panel to investigate the telecommunications network that broke down last month. Last month’s outage did not affect critical safety systems or public safety, but snarled air traffic across the country. Two reports should be delivered early next year.
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FAAChangesSanta MonicaAirport Flight Path. --- Yo Venice, December 8, 2009
The Federal Aviation Administration is changing the flight pattern at Santa Monica Airport in California, which would divert take off traffic away from Los Angeles International Airport and put the aircraft over Santa Monica, near the Pier.
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House Approves FAA Extension. --- Aviation News, December 8, 2009
The House passed a bill to extend aviation programs and excise taxes through the end of March 2010, with the Senate likely to approve the measure before the end of this month. The current extension for the Federal Aviation Administration is set to expire at the end of December. The new extension would give lawmakers more time to work on the FAA reauthorization bill.
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Aviation on Agenda at Climate Conference. --- Emma Alberici, ABC News, December 9, 2009
A report by Britain’s Committee on Climate Change concluded that Britain’s airline industry could grow by 60 percent by 2050, but that other parts of the economy would have to reduce their carbon emissions by 90 percent, more than the government’s targets. Aviation would be quarantined but households, general industry, and other parts of the transport sector would bear most of the burden and price of carbon reduction schemes. In Copenhagen, at the climate change conference, delegates are being told that the price of air travel has to rise as the world works to cap carbon emissions and keep temperatures from rising.
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FAA Issues Notice of Availability of Final EA & FONSI/ROD Re: Proposed ATCTower at ClevelandHopkinsInternationalAirport. --- Federal Register, December 10, 2009
The Federal Aviation Administration has prepared and approved a Final Environmental Assessment (EA) and Finding Of No Significant Impact (FONSI)/Record of Decision (ROD) for a proposed Air Traffic Control Tower with associated base building and an Airport Surveillance Radar, Model 9, replacement/relocation at Cleveland Hopkins International Airport in Ohio.
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FAA to Expand Public Access to Airport Delay Information. --- United States Department of Transportation, December 9, 2009
The Federal Aviation Administration will expand public access to its frequently-updated information on airport delays through an Airport Status and Delays Web service. The Web service will combine the FAA’s information about ground delays, airport closures, ground stops, and arrival or departure delays with local weather provided by the National Oceanic and Atmospheric Administration. The information will be provided in multiple formats so the data can be used in a variety of Web applications, including mobile devices.
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September 2009 Airline Traffic Data: System Traffic Up 0.8 Percent From September 2008. --- Bureau of Transportation Statistics, December 10, 2009
September was the first month of 2009 with an increase in passengers from the previous year, with system traffic up 0.8 percent. The number of scheduled domestic and international passengers grew by 0.5 million to 54.7 million for the month.
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Senators Press FAA For Action on Pilot Fatigue. --- Joan Lowy, Associated Press, December 10, 2009
Senators questioned Federal Aviation Administrator Randy Babbitt at a hearing Thursday, December 10, and expressed the need for the agency to work faster on new rules aimed at preventing pilots from flying when they’re too tired. Mr. Babbitt told the senators that his agency needs more time to “do the job right.”
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Airport Told It Needs to Raise More Funds for Project. --- Keith Norman, The Jamestown Sun, December 10, 2009
The Jamestown Regional Airport in Virginia will need to raise between $320,000 and $350,000 of local funds to proceed with a new terminal building project scheduled for the 2010 and 2011 construction cycle. The first estimate for the terminal was $1 million, but current estimates have the project at $1.8 million, causing some concern for the Airport Authority board.
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How Safe are International Airlines? --- Scott McCartney, Wall Street Journal, December 10, 2009
European and U.S. regulators evaluate aviation safety and the airline industry itself has a worldwide safety-audit program, but there is no real way that travelers can check airline safety. It is made more confusing and difficult because European and U.S. regulators have different approaches to aviation safety, with the European Union evaluating airlines and their planes, while in the U.S. the Federal Aviation Administration evaluates countries, not airlines. The International Air Transport Association has its own extensive safety check and has published a list of those “certified” airlines which could be very useful to travelers, and helpful in conjunction with checking the FAA and European blacklists.
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FAA Promotes New Air Traffic Approach. --- Andy Pasztor, Wall Street Journal, December 11, 2009
Federal Aviation Administrator Randy Babbitt said that the NextGen navigation system would pay for itself in fuel savings in just a few years. Testifying before the senate aviation subcommittee Thursday, December 10, Mr. Babbitt made specific comments about the benefits of a rapid deployment of NextGen, which could include airlines saving up to $2 billion annually. NextGen has received a warm reception from lawmakers, but the FAA’s proposal to create an enhanced commercial-pilot license for starting co-pilots could face some opposition.
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Babbitt Testifies on FAA Safety Initiatives; Lawmakers Call for NextGen. --- Aviation News, December 10, 2009
Federal Aviation Administrator Randy Babbitt testified Thursday, December 10 at a Senate aviation subcommittee hearing. The main focus of the meeting was pilot fatigue and the details surrounding the deadly Colgan Flight 3407 incident earlier this year, but lawmakers also voiced their bipartisan support for the NextGen navigation system.
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FAA Head Admits Mishandling Case of Newark Airport Whistle-Blower. --- Mike Frassinelli, The Star Ledger, December 10, 2009
In an unusual admission, Federal Aviation Administrator Randy Babbitt acknowledged that the agency had mishandled the case of a whistle-blowing air traffic controller at Newark Airport in New Jersey. Air traffic controller Ray Adams complained two years ago about the runway intersections at Newark Liberty, but the FAA removed him from the control tower and instead tried to keep landing patterns “status quo.” Babbitt said the FAA needs to have a system that allows employees to express safety concerns without fear of retribution.
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Admin. Babbitt: Human Error, Not Technology, Behind November FAA Outage. --- Suzanne Kubota, Federal News Radio, December 11, 2009
Federal Aviation Administration Administrator Randy Babbitt said preliminary reports show that human error was the cause of the telecommunications outage that snarled air traffic across the country in late November. He stressed that the failure was believed to be a “unique one-off” and an oversight group has been created to examine what fundamentally caused the incident, and how to ensure it will not happen again.
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Airport on Chopping Block: Litigation Could Ensue Due to FAA Funding, CountyCommissioner Says. --- Kelly Metz, The Morning Journal, December 11, 2009
Lorain County Regional Airport in Ohio could soon close if more revenue is not generated for the 2010 fiscal year. The Federal Aviation Administration has given the airport $400,000 in combined funding and closing the airport could result in “serious litigation,” since the money was for maintaining operations. No official decision will be made until next Thursday’s budget hearing.
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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.

$3.3M Airport Project in Works. --- Stillwater News Press, November 24, 2009
Stillwater Regional Airport in Oklahoma was approved for a $3.3 million taxiway and apron project that may be built in mid-2011. Five percent of the project will be funded by the state and Stillwater City Council, while federal money will account for the remaining 95 percent. The improvement plan will stall however until Congress approves a budget for the Federal Aviation Administration; Congress has passed a resolution providing temporary funding while it reviews and approves the FAA’s budget.
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FAA Fines Airlines for Stranding. --- United Press International, Inc., November 24, 2009
Federal Aviation Administration regulators fined three airlines $175,000 for an August incident where passengers were stranded overnight in a plane in Rochester, Minnesota. Department of Transportation Secretary Ray LaHood expressed his hope that the FAA’s investigation and resulting fine would serve as a signal to the rest of the airline industry that the DOT is expecting airlines to respect air travelers’ rights. The penalty is the first of its kind for the FAA, involving passengers left on the tarmac for an unreasonable period.
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Rockefeller Eyes FAA Extension. --- Adrian Schofield, Aviation Week, November 25, 2009
Commerce Committee Chairman Jay Rockefeller is proposing extending the Federal Aviation Administration’s operating authority through the end of March 2010. The seventh and current extension expires December 31, and it is likely that Congress would need even another extension into the summer. Airport groups will likely be frustrated as they have been pushing for the reauthorization bill to be passed this year, though it is unlikely airlines will be upset since they oppose some significant elements of the House bill.
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Aviation Industry Seeks Stimulus Money to Cut Delays at the Airport. --- Jim Snyder, The Hill, November 26, 2009
Commercial airlines and the private and business aviation industry have joined together to ask Congress to add money for a new air traffic control system in a second stimulus. The two lobbies agree that the NextGen system of satellite-based radar would reduce flight delays and help meet the growing demand for flight travel, but have been divided over how to pay for it.
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Jet Contrails Alter Average Daily Temperature Range. --- Science Daily via Jonathan Guillou, November 28, 2009
A study conducted during the three days after September 11, 20001, when the Federal Aviation Administration grounded commercial aircraft in the U.S., found that jet exhaust contrails affected average daily temperature ranges. Contrails form when water vapor and particles from jet engine exhaust enter the atmosphere, but not all jet exhausts create contrails, especially in warmer areas. Without the contrails from September 11-14, 2001, the daytime temperature was slightly higher and the nighttime temperature slightly lower, creating an increased range between the lowest and highest temperatures. Contrails alter temperature the way natural high clouds do, with the layer of ice crystals shielding the ground from some of the sun’s energy during the day, and preventing some of the Earth’s heat from dissipating into the vaccum at night.
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Wayward Pilots Were “Distracted,” Transcripts Show. --- Matthew Wald, New York Times, November 27, 2009
Transcripts from the October Northwest Flight 188 incident involving a Northwest Airlines plane that overshot its destination and was out of radio contact for over an hour reveal that the pilots were distracted. The transcripts and audio files were released Friday, November 27, 2009 by the Federal Aviation Administration, but the National Transportation Safety Board, which is also investigating, may release the transcript or a summary of it later this year. The FAA classified the incident as a “pilot deviation” and revoked the licenses of the two pilots, who are appealing.
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Report: FAA Accused of “Gross Mismanagement” at Newark Airport. --- David Porter, Associated Press, November 28, 2009
The Office of Special Counsel, a federal agency that handles whistle-blower complaints, has accused the Federal Aviation Administration of endangering public safety by not changing landing procedures at Newark International Airport in New Jersey. An air traffic controller filed a complaint last year describing safety issues with planes landing on intersecting runways at the airport. The report was filed last month and the FAA said it would make changes to the landing procedures by October 26, and later reported that it had done so when it hadn’t. The Office of Special Counsel sent a letter November 19 to White House counsel Gregory Craig reporting the FAA’s gross mismanagement.
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Coyotes Pose an Obstacle at North Carolina Airport. --- McClatchy Newspapers, November 27, 2009
Airport officials at Raleigh-Durham International Airport in North Carolina have noted a recent increase in the number of coyotes crossing the paths of taxiing airplanes and are looking to address the problem. Airport workers and federal wildlife managers usually try to scare coyotes off with cap guns or bottle rockets, but the airport is working on a larger wildlife management plan for the Federal Aviation Administration to review. The proposal recommends improving fencing and keeping grasses trimmed low to manage coyotes and other wildlife on the property.
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Edward Stimpson, Aviation Advocate, Dies at 75. --- John Miller, Associated Press, November 26, 2009
Edward Stimpson, an aviation advocate who pushed to rejuvenate struggling small aircraft manufacturers in the 1990s, died Wednesday, November 25, 2009 from complications related to lung cancer. He was a major proponent of legislation signed by President Bill Clinton in 1994 to prevent general aviation companies from being named as defendants in lawsuits in crashes of small planes 18 years old or older. He also advocated against record flying attempts and was a chairman of the “Be A Pilot” education and research program aimed at increasing the number of people learning to fly.
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Airports Push for Increased Facility Charge. --- Carl Unger, Smarter Travel, November 30, 2009
U.S. airports would like to see the current passenger facility charge (PFC) of $4.50 increased to $7.50 per segment, a 66 percent increase. The fees go toward updating runways, gates, and terminal facilities, but airports say they need higher fees to keep up with the rising costs of these improvements. Airlines oppose the proposed raise, saying that it would impose an additional and unwarranted $2-billion-per-year tax increase on commercial passengers. 
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Airports Want Passenger Fee Charge Increased. --- Roger Yu, USA Today, November 30, 2009
Airports have been lobbying Congress to raise the cap on passenger facility charges (PFCs) that fliers pay as part of their airline tickets, to index them to the inflationary cost of construction. Airlines oppose the increase, but airports have raised more than $27.5 billion since Congress approved the facility charge in 1992. John Meenan of the airline association says airports have too often used the money for projects they shouldn’t that the Federal Aviation Administration has been lax in approving.
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Regulators Reject Boeing 777 Safety Warnings. --- Andy Pasztor, Wall Street Journal, November 30, 2009
Federal Aviation Administration regulators have decided to allow more than 60 Boeing Co. 777 jetliners to continue flying long-distance international trips through early 2011 despite safety warnings from crash investigators and pilots. The jetliners have suspect parts that have caused engines in extremely rare instances to ice up and shut down in midair.
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Mending Fences: FAA Proposes Guidance on Through-The-Fence Operations. --- Mike France, National Air Transport Association, November 30, 2009
The Federal Aviation Administration released a proposed guidance document on through-the-fence (TTF) operations at federally obligated airports that has generated some controversy. A TTF agreement is an agreement entered into by an airport sponsor that would allow access to airport facilities by aircraft based on property adjacent to, but not owned by, the airport. The FAA’s proposed strict prohibition on TTF access for residential uses may create situations where airports’ sponsors are forced to use extraordinary measures to cancel existing TTF agreements. The National Air Transport Association is hoping to work with the FAA to ensure that existing agreements are structured in a way that honors their original intent without placing airports in danger of violating grant assurances.
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FAA Bans Takeoff with “Polished Frost.” --- Aubrey Cohen, Seattle Post-Intelligencer, November 30, 2009
The Federal Aviation Administration announced a new law which will take effect January 30 banning takeoffs with “polished frost” on the wings, stabilizers, and control surfaces of several classes of aircraft. Major and regional air carriers are already prohibited from operating with polished frost, but the new rule will affect 57 operators flying 188 aircraft.
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FAA Press Release: FAA Bans Takeoffs with “Polished Frost.” ---Federal Aviation Administration, November 30, 2009
The Federal Aviation Administration’s new rules, effective January 30, 2010, will prohibit takeoffs with “polished frost,” for several classes of aircraft. Frost can affect wings aerodynamics and control surfaces, and the new rules include four alternatives to removing frost that operators may consider.
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Plume of Pollutants From a Small Airport. --- Henry Fountain, New York Times, November 30, 2009
A study of the air around Santa Monica Airport by researchers at the University of California, Los Angeles found high concentrations of ultrafine particles of organic carbon and sooty black carbon that extended in a plume more than 2,000 feet downwind of the airport—longer than those typically found around highways in daytime. Dr. Paulson, one of the researchers, said that epidemiological studies have shown the health risks associated with these kinds of emissions by vehicles, but that there has not been similar analyses done around airports. Air quality around airports has not been studied much and when it has, the focus has usually been on larger airports.
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FAA Clarifies What Can Be Stowed in Seat Back. --- Joe Sharkey, New York Times, November 30, 2009
New Federal Aviation Administration guidelines clarify formerly confusing policies on whether passengers may put personal items in airplane seat-back pockets. In a recent FAA clarification notice sent to airlines, the notice stated that airline seat pockets are designed to safely hold about three pounds of weight and small, lightweight items can be placed in the pocket without exceeding its total designed weight limitation or blocking anyone from safely evacuating the row of seats. The status quo has allowed for items of reasonable size to be placed in the seat-back pocket, but airlines were being told different things by regional FAA inspectors, perhaps prompting the need for the clarification.
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FAA Asked to Do More to Fix Morale. --- Sholnn Freeman, Washington Post, December 1, 2009
A Government Accountability Office report released Monday, November 30, 2009 called on the Federal Aviation Administration to step up its efforts to promote diversity and do more to counter low morale by broadening its training programs. The GAO said the FAA’s morale and culture problems could obstruct its ability to attract and retain tech-savvy workers, critical as the need for workers will grow as the FAA moves to more advanced equipment and faces a wave of retirements.
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GAO Report: Mica Attacks Controllers as Cause For Morale Problems at FAA. --- The Potomac Current and Undertow, December 1, 2009
After the recently released Government Accountability Office report on poor Federal Aviation Administration morale, Representative John Mica attacked air-traffic controllers as the cause of the problems. He also said that conditions would be unlikely to improve under a “controversial labor contract” that unfairly benefited only one group of FAA employees.
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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.

Seeking to Overturn the Dismissal of its Challenge to the East Coast Airspace Redesign, Delaware County, Pennsylvania, Files Petition for Certiorari to the U. S. Supreme Court. -- Barbara E. Lichman, Aviation and Airport Development Law Blog, November 18, 2009.
On Tuesday, November 17, 2009, Chevalier, Allen & Lichman filed a Petition for Writ of Certiorari to the United States Supreme Court on behalf of its client County of Delaware, Pennsylvania (“Delaware”). The Petition asks the Court to reverse the decision of the D.C. Circuit Court of Appeals in County of Rockland, New York, et al. v. Federal Aviation Administration, et al., and remand to the Federal Aviation Administration (“FAA”) for a decision consistent with Congress’ intent and instruction in the Conformity Provision of the Clean Air Act, 42 U.S.C. § 7506.
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An Air-Traffic Upgrade to Improve Travel by Plane. --- Guy Gugliotta, New York Times, November 16, 2009
As radar is “rapidly becoming a dinosaur,” the Federal Aviation Agency is looking to put NextGen, a GPS-based technology system, in place. Automatic Dependent Surveillance - Broadcast (A.D.S.-B.) is one of NextGen’s core technologies, to be integrated with other GPS-linked systems that will allow aircraft to fly more efficient routes and pick up continuous digital data feeds for updated weather and traffic information. NextGen is supposed to fix problems with flight delays, and increase the efficiency and accuracy of air-traffic control.
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The Airport Issue: Both Sides of the Runway. --- Greensburg Daily News, November 16, 2009
The City of Greensburg and the Greensburg Board of Aviation Commissioners responded to community questions on the airport expansion project at Greensburg Municipal Airport in Indiana. Questions and answers included the real or perceived need for the project, as well as costs and funding and what the project would entail.
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Redesigned Airspace Over Hudson River Debuts. --- Associated Press, November 19, 2009
New flight rules for small aircraft flying over the Hudson River debuted on Thursday, November 19, 2009. The new patterns restricting aircraft to certain corridors are intended to separate helicopters and sightseeing planes from aircraft passing through the area, after a midair collision between a helicopter and small plane killed nine people in August.
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Computer Problems Cause Flight Delays and Cancellations. --- New York Times, November 19, 2009
A computer glitch on Thursday, November 19, 2009 at a Federal Aviation Administration center in Salt Lake City, one of the two centers that handles flight plans for the nation’s air travel system, set off delays and cancellations for passengers around the country. The malfunctioning circuit board responsible is part of a multibillion-dollar nationwide communications network that the FAA has spent years installing as part of efforts to modernize air-traffic control, but a system that relies on the interconnectedness of computers should have sufficient backup systems in the event of havoc-causing glitches.
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Rockland Files Brief to Overturn FAA Dismissal of Airspace Redesign Lawsuit. --- Mid-Hudson News Network, November 19, 2009
Rockland County, New York attorneys filed a brief Tuesday, November 17, 2009 to petition the United States Supreme Court to overturn a decision to dismiss the county’s case against the Federal Aviation Administration’s “flawed” airspace redesign. Rockland is arguing that the Court of Appeals incorrectly dismissed the county’s claim that the FAA failed to comply with several laws, and that the Court did not consider critical Clean Air Act stipulations that the FAA could potentially violate.
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FAA Proposes New Limits on Airlines Hiring Former Inspectors. --- Aubrey Cohen, Seattle Post-Intelligencer, November 19, 2009
The Federal Aviation Administration has proposed new limits on airlines and other operators hiring FAA safety inspectors and their managers for two years after those employees leave the agency. FAA Administrator Randy Babbitt said that the “cooling off” period is aimed to prevent potential conflicts of interest or the creation of a perception of inappropriate activities. Companies would not be prohibited from hiring inspectors to serve in positions like dispatcher, flight attendant, or training instructor, as long as the former inspectors do not represent the operator in FAA matters.
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FAA’s Aging Technology: Time to Pass FAA Reauthorization. --- Jane Calderwood, Centerlines Blog, November 20, 2009
The traveling problem brought about by the outage of flight planning computers in Salt Lake City on November 19, 2009 showcases the aging technology currently being used and emphasizes the need for Congress to pass the Federal Aviation Administration reauthorization bill this year. The FAA has been waiting for reauthorization for more than two years and seven extensions for the authority, funding, and planning that a multiyear reauthorization bill would provide.
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LA Council Supports Higher Air Passenger Fee Increase Limit. --- Art Marroquin, Daily Breeze, November 23, 2009
The Los Angeles City Council has agreed with a plan that would allow individual airports across the country to collect up to $7.50 per traveler, up from the current maximum fee of $4.50. Raising the passenger facility charge could generate an additional $60 million for Los Angeles International Airport in California and offset some of the costs for the massive overhaul needed at the airport.
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FAA Plans Tougher Ice Rules. --- Andy Pasztor and Josh Mitchell, Wall Street Journal, November 24, 2009
Federal Aviation Administration regulators have proposed requiring enhanced ice-protection systems on hundreds of small turboprop aircraft, and will consider whether many more aircraft, including some larger, widely used turboprops, should be subject to the same tougher standards. Smaller planes, however, typically have less-advanced ice-detection and deicing systems than larger ones. The proposal is intended to prevent repeats of turboprop accidents and incidents during which the flight crew was unaware of ice accretion or determined that the buildup was not significant enough to warrant turning on a pneumatic device to break ice off the airliner.
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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.

Airbus A319 Drops Parts on Dallas. --- Associated Press, November 10, 2009
A left overwing emergency slide and the door over the compartment in which the slide was stowed fell from an Airbus A319 jet making a test flight in Dallas, Texas. The jet was undergoing maintenance when the incident occurred, and no injuries were reported and the plane was able to land safely.
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“Safety” and the FAA. --- Steven M. Taber, Aviation and Airport Development Law, November 11, 2009
Secretary of Transportation Ray LaHood recently posted a blog on the Department of Transportation’s website about the Federal Aviation Administration’s proactive approach to safety and more aggressive efforts to put safety measures in place. The FAA hides too often behind “safety” to protect itself from criticism about its projects and the true purposes of projects must be announced for there to be effective debate about the project’s pros and cons.
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GaryAirport Moves Forward on Expansion. --- Chris Curry, Post-Tribune, November 12, 2009
Gary/Chicago International Airport is in the final phase of negotiations to complete its primary runway extension project. The airport has been working with various rail carriers, the Indiana Toll Road Commission, and the Gary Redevelopment Commission, and is working on final approval of legal contracts and engineering designs. The project came in under budget and construction is scheduled to begin in 2010.
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Control Tower Construction Begins at IAH. --- Houston Business Journal, November 12, 2009
The Houston Airport System and the Federal Aviation Administration began construction on a new Terminal Radar Approach Control facility at GeorgeBushIntercontinentalAirport in Houston, Texas. The structure will house the newest and most updated equipment and has an enhanced design to better accommodate the hundreds of air traffic controllers, managers, and technical support personnel who will work in the facility.
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New Panel to Create U.S. Aviation Blueprint. --- Jennifer Michels, Aviation Week, November 12, 2009
The Department of Transportation and Federal Aviation Administration are forming a new federal advisory committee that will study every facet of the aviation industry, and DOT Secretary Ray LaHood promised that the committee will submit a blueprint for change within one year. The committee will address changes ranging from regulatory issues to structural changes within the aviation industry, and will report quarterly to Secretary LaHood.
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Feds Pledge New Panel on Reviving Aviation Industry. --- Aubrey Cohen, Seattle Post-Intelligencer, November 12, 2009
Department of Transportation Secretary Ray LaHood announced that a new panel will be created to come up with a plan to revive the airline industry; organizations like the Air Transport Association and even individuals like Doug Parker, US Airways Chairman and Chief Executive, have voiced concern about the industry’s “sorry state.” Secretary LaHood organized a forum Thursday, November 12, 2009 to address these concerns, and there announced the formation of the new panel.
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Airline Industry Rescue Eyed. --- Associated Press, November 13, 2009
Transportation Secretary Ray LaHood promised that a special panel on the airline industry will be created, and that the panel would produce a “roadmap for the future of the aviation industry” within a year. Airlines have suffered repeated shocks in recent years, and at a forum organized by Secretary LaHood the airlines were quick to tell the Obama administration what it could do to help. Airline unions say the industry has become dysfunctional, with companies, investors, employees, and passengers all suffering.
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Los Angeles International Airport Breaks Ground on New Aircraft Rescue Firefighting Facility. --- Marketwire, November 12, 2009
Construction on a new replacement Aircraft Rescue and Firefighting Facility began Thursday, November 12, 2009 at Los AngelesInternationalAirport. The $13.5 million project received $10.8 million in federal stimulus funding from the Federal Aviation Administration, and marks a milestone in the modernization of LAX Airport, as the new station will replace the current 30 year-old structure.
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NATCA Praises Senators Who Are Pushing for Passage of FAA Funding Bill “Without Further Delay.” --- National Air Traffic Controllers Association, November 12, 2009
A bipartisan group of senators sent a letter to Senate Majority Leader Harry Reid and Minority Leader Mitch McConnell calling for passage of the Federal Aviation Administration reauthorization bill “without further delay.” The most recent funding authorization bill for the FAA expired in 2007, and has been extended through short-term bills since, but a long-term bill is needed to advance the goal of economic recovery through infrastructure investment.
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Air Transport Association Trying to Weasel Out of NextGen Spending. --- P. Ling, UpTake Travel Industry, November 13, 2009
NextGen is the Federal Aviation Administration’s much-anticipated move from a ground-based system of air traffic to a satellite-based system, but the Air Transport Association has already made a statement that it will not spend on upgrades for planes that are necessary for the implementation of the new technology. NextGen will enable significant delay reduction, fuel savings, additional capacity, improved access, enhanced safety, and reduced environmental impact, but the ATA indicated that it is happier to “live without it at the current time” if the cost of the system has to be covered by higher taxes or fees imposed on airlines. This is the second time that the ATA has tried to extricate itself from essential spending; earlier this year it successfully lobbied Congress to exempt itself from having to contribute towards spending by the Travel Promotion Corporation.
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Alert on Errant Jet Took Too Long, FAA Says. --- Josh Mitchell, Wall Street Journal, November 14, 2009
The Federal Aviation Administration confirmed that air traffic controllers and their supervisors too an hour longer than they should have to alert the military about the Northwest Airlines flight that lost radio contact and overshot its destination last month, but a spokeswoman said no disciplinary action was planned for any of the agency employees. FAA Administrator Randy Babbitt said the agency plans no new rules for air traffic controllers or pilots in response to the incident, and characterized it as an internal communication problem. The FAA will, however, modify existing training to emphasize certain guidelines, including when to notify superiors and the military of lost contact with flights.
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Controllers Were Slow to Notify Defense Command of Errant Jet. --- Matthew L. Wald, The New York Times, November 13, 2009
Air traffic controllers were slow to notify Norad, the military air defense command, that a Northwest Airlines jet was not responding to radio calls, in violation of detailed procedures put in place after the airplane hijacking incidents of September 11, 2001. The plane should have been pointed out to Norad after 10 minutes of no communication, but 69 minutes had lapsed before Norad was notified.
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Babbitt: Controllers to be Retrained. --- United Press International, November 13, 2009
Federal Aviation Administration chief Randy Babbitt said the agency will notify the military more quickly when controllers lose contact with planes, and that air traffic controllers will also be retrained on how to respond when flight crews drop out of radio contact. Babbitt was responding to last month’s incident involving a Northwest Airlines flight that overshot its destination and was out of contact for 71 minutes.
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Airplane Type Recommended for Grounding Involved in Another Fatal Accident. --- FlightSource Flight Deck, November 14, 2009
A Zodiac CH-601XL experimental amateur-built airplane was destroyed on November 6, 2009, as a result of an in-flight break-up in Arkansas, killing the pilot who was the sole occupant. Several months ago the National Transportation Safety Board had urged the Federal Aviation Administration to ground the airplane until a flight control problem could be corrected, which had accounted for six accidents that killed a total of ten people. Back then the FAA replied that it lacked adequate justification to take immediate certificate action to ground the entire fleet, but after the November 6 incident the agency issued a Special Airworthiness Information Bulletin strongly recommending that all owners and operators of Zodiac CH-601XL/CH650 models make structural modifications before further flight.
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Deal Clears the Way for 2 Aviation Firms in Hawthorne. --- Sandy Mazza, Contra Costa Times, November 14, 2009
A “through-the-fence agreement” deal struck between the city of Hawthorne, California and the Federal Aviation Administration will allow a hangar that is not on airport property to have direct access to the runway at HawthorneMunicipalAirport. A charter airplane service and an aerial photography business will soon open in the hangar, and its new use will add “sparkle” to the small airport, hopefully kick-starting or breeding activity there.
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DestinAirport Control Tower Still in a Holding Pattern. --- Fraser Sherman, The Destin Log, November 16, 2009
DestinAirport in Destin, Florida is still waiting to hear back from the Federal Aviation Administration on whether the airport scored high enough to qualify for federal funding for building and staffing a control tower. The county has wanted to build a tower since the start of the century, but the FAA has repeatedly told the county that Destin is not busy enough to need a tower.
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FAA Finalizes Changes in Hudson River Airspace to Enhance Safety. --- Federal Aviation Administration, November 16, 2009
The Federal Aviation Administration finalized changes in the Hudson River airspace that should enhance safety in that region. The new airspace operations are effective November 19, 2009.
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New Rules to Begin for Hudson River Airspace. --- Al Baker and Matthew L. Wald, New York Times, November 16, 2009
The Federal Aviation Administration announced new rules that will go into effect November 19, 2009 for airplanes, helicopters, and other aircraft operating in the congested air corridor above the Hudson River. The restrictions will require pilots to navigate separate altitude corridors specific to their mission, improving pilot situational awareness and thereby adding more safety to the high-demand airspace. Some safety recommendations will also be mandatory. Senator Charles E. Schumer and Representative Jerrold Nadler are criticizing the new rules, believing that there should be limitations on helicopter traffic in the corridor.
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A General Aviation Pilot’s Guide to Airframe Icing. --- Federal Aviation Administration, November 16, 2009
The Federal Aviation Administration’s new FAA Aviation News features several articles that address airframe icing, including the differing vulnerability to ice of different airplanes and the havoc ice can play with weight, lift, and drag. With the winter flying season already evident in many parts of the northern United States, pilots need to know how to identify and avoid flying in icing conditions, and understanding the weather factors that can lead to icing conditions is critical to safe winter operations.
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Bensenville Accepts $16 million to Stop Fighting O’Hare Expansion. --- Jon Hilkevitch, Chicago Tribune, November 16, 2009
O’Hare InternationalAirport in Chicago, Illinois settled with nearby Bensenville; the airport will pay Bensenville $16 million to drop its opposition to new runways at O’Hare and agree to the demolition of hundreds of homes in the village. Chicago will also provide tens of millions of dollars to insulate homes and schools from jet noise, and hire consultants to manage the tear-down of properties and help with the economic revitalization of the village. Bulldozing of properties could begin as soon as next month.
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Students Look for Ways to Keep Mother Nature Off the Runway. --- Lindsay Ridinger, Kent News Net, November 17, 2009
A six-member team of technology students at KentStateUniversity in Kent, Ohio, are researching the use of motion sensors at airports to alert pilots and air traffic controllers of wildlife in the area. The team is researching the problem posed by wild animals that invade airport runways and air traffic routes and seeking ways to make airports safer and operate more efficiently. The team is working on creating a uniform system for wildlife avoidance using an on-site radar system.
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TSA Planning to Inspect Shops that Repair Jets. --- Thomas Frank, USA Today, November 17, 2009
The Transportation Security Administration is proposing to inspect airplane repair shops, which it says pose the greatest danger to security because they could make it easier for terrorists to sabotage U.S. jets during routine repairs. Under the new TSA regulation that would enable the agency to inspect repair shops, the TSA would tell the Federal Aviation Administration to suspend a shop’s operating license if it found a problematic repair shop. The new requirement “guards against the potential threat of an aircraft being destroyed or used as a weapon,” and the agency is seeking to finalize its proposal later this year.
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PROMISES, PROMISES: 6 Years and Still No Rules. --- Joan Lowy, Associated Press, November 18, 2009
Eight years after the 9/11 attacks and six years after Congress first required action, the government still has not tightened vigilance on security at airport maintenance facilities. This week, faced with a congressional hearing on the issue, the Transportation Security Administration finally posted a proposed rule on its website to inspect airplane repair shops. However, industry and other interested parties will have 60 days to comment on the proposal once it is published, and it might not take effect for months or years. The security concerns are not new and the TSA could have tightened security programs at any time before this, yet it failed to do so. The government does not have a regulatory regime in place to track security, though industry officials say security fears are overblown.
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Seeking FAA Funds, Airport Hopes Sale Fares Lure Fliers. --- Associated Press, November 18, 2009
Allegiant Air will begin offering some tickets for $9.99 on its one-way flights between Owensboro-DaviessCountyRegionalAirport in Kentucky and Orlando, Florida to lure more passengers to the western Kentucky airport. If the airport reaches 10,000 passengers for the year it will qualify for $1 million in capital funding from the Federal Aviation Administration, whereas it will receive $150,000 if it falls even one passenger short of that mark.
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AAAE Urges Hill Action on Airport Issues. --- Aviation News Today, November 17, 2009
The American Association of Airport Executives outlined the effect of the recession on the airport industry for members of the House Transportation and Infrastructure Committee, and urged them to support Federal Aviation Administration reauthorization legislation at a recent “Survival of the Airline Industry” forum. AAAE Executive Vice President Todd Hauptli emphasized that airports are not immune to the downturn and have been forced to implement budget cutbacks that include deferred construction; that airport self-help measures are needed; and that Congress should employ a “do no harm” approach to regulation so as not to worsen the present financial state of the airport community.
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Airport Eyes FAA Runway Approval. --- Pat Kelly, News Herald, November 17, 2009
Airport Authority board members at Northwest Florida Beaches International Airport in Florida began talking about opening the airport with a shorter 8,400-foot runway as the airport is still waiting for Federal Aviation Administration approval for a 1,600-foot runway extension. The extension has already been endorsed by the U.S. Army Corps of Engineers and the Department of Environmental Protection, but formal approval from the FAA is needed before construction crews can begin pouring concrete to extend the runway to 10,000 feet. The airport is on a tight schedule to complete construction of the extension, as it has already scheduled an FAA flight test for mid-January, a federal requirement for any new runway.
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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 Monday, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

FAA: 2 Planes Came Within 90 Feet on Ground at LAX. --- Associated Press, October 28, 2009.
The Federal Aviation Administration determined that a runway incursion at Los Angeles International Airport brought two passenger planes within 90 feet of each other on Sunday, October 25, 2009. A Midwest Express jet taxied toward a runway on which a Northwest Airlines Boeing 757 was taking off, though the jet was supposed to stop. The pilots of both planes will be questioned.
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FAA Issues Notice of ROD for FEIS Concerning Proposed Improvement Activities at Rocky GutierrezAirport in Sitka, AK. --- Federal Register, October 29, 2009.
The Federal Aviation Administration gave notice that it had issued a Record of Decision for the Final Environmental Impact Statement and Alaska National Interest Lands Conservation Act Section 810 Evaluation for Proposed Improvement Activities at Rocky Gutierrez Airport in Sitka, Alaska. The ROD included descriptions of the projects proposed by the Airport Sponsor and evaluation of the projects, as well as federal, state, and local actions that are needed prior to the implementation of the projects. The ROD also identified several of the FAA’s preferred and environmentally preferred alternatives, and alternatives selected by the FAA for implementation.
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Military Says Fighters Should Have Been Launched When Northwest Flight Overshot Airport. --- Lolita C. Baldor, Associated Press, October 29, 2009.
A top commander said the military would have launched fighter jets to track down the Northwest Airlines flight that overshot its destination if officials had been notified sooner. General Gene Renuart, head of U.S. Northern Command, learned of the incident only minutes before the Federal Aviation Administration regained contact with the pilots. He said delays must be corrected, and Northern Command is doing an internal review of the incident.
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FAA Finds Proposed Chiofaro Towers a Hazard. --- Casey Ross, Boston Globe, October 29, 2009.
Preliminary Federal Aviation Administration findings indicate that developer Don Chiofaro’s proposed towers near the New England Aquarium will have to be cut in half, because the tower complex with its proposed heights of nearly 800 feet would pose a hazard to planes taking off and landing at nearby Logan International Airport in Boston, Massachusetts. A principal at Chiofaro’s development firm said that the ruling was expected and the company still plans to pursue high-rise development on the property.
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Atlanta Airport Project Gets Stimulus Funds. --- LexisNexis, October 30, 2009.
Hartsfield-Jackson Atlanta International Airport in Georgia was awarded almost $34 million in stimulus funds through the Federal Aviation Administration’s Airport Improvement Program, to help pay for construction of a new terminal. The total cost of the terminal, expected to be completed by spring 2012, is $1.35 billion, and the 12-gate facility will connect to the existing international Concourse E, creating a 40-gate international air travel complex.
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Air Transport Association Urges U.S. Climate Negotiators to Oppose Climate Change Tax Targeting International Air Passengers. --- PRNewswire, October 30, 2009.
The Air Transport Association of America urged climate negotiators to oppose the “International Air Passenger Adaption Levy,” which would single out aviation to raise $10 billion per year for climate-change projects to be built in developing countries, and would likely take the form of an exorbitant climate change tax imposed on airlines and their passengers. In a letter to Todd Stern, the U.S. Special Envoy for Climate Change, the ATA impelled the United States to oppose the tax and instead support the industry’s proactive proposal for a global and sectoral approach to aviation and climate change.
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FAA Issues Intent to Rule on OAK’s Request for a PFC to Connect OAK to BART. --- Federal Register, November 2, 2009.
The Federal Aviation Administration plans to rule on and invited public comment on a proposed Passenger Facility Charge at Metropolitan Oakland International Airport, which would go toward providing a direct people mover connection between the Coliseum Bay Area Rapid Transit station and the airport.
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Federal Officials Reject Restrictions on Night Flights at BobHopeAirport. --- L.A. Now, November 2, 2009.
A request by the Burbank-Glendale-Pasadena Airport Authority for a curfew at Bob Hope Airport in Burbank, California was rejected by the Federal Aviation Administration for being unreasonable because it would create an “undue burden on commerce” and negatively affect the national air transportation system. The FAA found that the airport failed to meet four of the six conditions required of a restriction proposal, and several major cargo companies including Fed Ex and United Parcel Service opposed the implementation of a curfew.
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Hawaii Airport Getting New Control Tower. --- Associated Press, November 2, 2009.
Construction on a new $39 million air traffic control tower at Keahole-Kona International Airport in Hawaii is to begin in December, and is expected to be put into use in May 2012. The current 51-foot tower was built in 1970 to control a 6,500-foot runway, but after it was extended to 11,000 feet in 1993, it was more difficult for controllers to see the north end. The new tower should provide controllers better views of the airfield.
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Small Airports Land Big Money. --- Thomas Frank, USA TODAY, November 2, 2009.
A USA TODAY analysis shows that Congress has steered $1.1 billion since 2001 to “pet projects” at airports that cater to private planes, with approximately $100 million being allocated to low-priority projects. These “earmarks” projects have been criticized for potentially detracting from federal aid that could be used for projects to ease flight delays at the nation’s busiest airports, but a Federal Aviation Administration spokeswoman said that the earmarks account for only 5% of airport grants.
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Stealth-Mode Wind Turbines. --- Peter Fairley, Technology Review, November 2, 2009.
Danish wind turbine company Vestas and United Kingdom defense contractor Qinetiq believe they may have the solution to the wind-turbine-related aviation radar interference problem: the first “stealth” wind-turbine blade. Turbines can interfere with radar by reflecting radar systems’ microwave signals and creating shadows that erase planes from radar operators’ screens and clutter those screens with the turbines’ signature. The stealth blade is constructed of material that absorbs radar, and the blade produces a markedly smaller signature in comparison to conventional blades.
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Congressman Sherman Proposes Legislation to Allow Nighttime Curfews at Valley Airports. --- California Chronicle, November 3, 2009.
In the wake of the Federal Aviation Administration’s rejection of the Burbank-Glendale-Pasadena Airport Authority’s application for a waiver to impose nighttime curfews at Bob Hope Airport in Burbank, California, Congressman Brad Sherman is proposing legislation that would allow Bob Hope and Van Nuys Airport to implement mandatory nighttime curfews from 10 p.m. to 7 a.m.
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FAA Issues Airworthiness Directive for ATR Model ATR42 and ATR72 to Correct “An Unsafe Condition.” --- Federal Register, November 3, 2009.
The Federal Aviation Administration adopted a new Airworthiness Directive for ATR Model ATR42 and ATR72 airplanes requiring action to address an unsafe condition related to the “unacceptable” probability of ignition risk.
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Safer Standards Urged After North Las Vegas Crashes. --- Keith Rogers, Las Vegas Review-Journal, November 2, 2009.
A Clark County Aviation Department report found that 75 percent of the accidents involving experimental and other aircraft at North Las Vegas Airport in Nevada were caused by pilot error. The report gave several recommendations for the Federal Aviation Administration, which the agency is reviewing and considering, barring those recommendations that have already been implemented.
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IG Report Faults NY Delay Initiative. --- Adrian Schofield, Aviation Week, October 30, 2009.
The Department of Transportation’s Inspector General found that benefits have been seen in just five of the Federal Aviation Administration’s 30 completed New York airport and airspace initiatives. Most of the completed initiatives were either not used or used infrequently, and the IG questioned their viability as “effective delay-reduction solutions.” The IG’s report also found that the FAA lacks an effective process for evaluating the usefulness of the individual initiatives, thereby preventing it from determining if the initiatives provide any benefits.
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Lawmakers Seek Ban on Laptops in Airline Cockpits. --- Joan Lowy, Associated Press, November 3, 2009.
Senator Byron Dorgan, chairman of the aviation subcommittee, said he is planning on introducing a bill that will ban the use of computer laptops and other personal electronic devices in airline cockpits, to prevent an incident like the Northwest Airlines plane that overshot its destination from occurring again. Currently the Federal Aviation Administration does not prohibit pilots from using such devices, except below 10,000 feet when the plane is taking off or landing. Other lawmakers have also indicated that they would support such legislation.
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Acadia to Develop Air Tour Regulations. --- Heather Seavey, WCSH, November 4, 2009.
Acadia National Park in Maine and the Federal Aviation Administration are working together to develop new regulations for scenic air tours that fly over the park. The new regulations would be designed to limit noise for park visitors and wildlife, and would extend to a ½ mile perimeter around the park boundaries and up to 5,000 feet above ground level.
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Northwest Pilots Appeal License Revocation. --- Joan Lowy, Associated Press, November 5, 2009.
The Northwest Airlines pilots who overshot their Minneapolis destination by 150 miles and had their licenses revoked by the Federal Aviation Administration are appealing the revocation with the National Transportation Safety Board. The FAA revoked the pilots’ licenses because they said the pilots put the 144 passengers of the flight in serious danger, and highlighted the incident as an example of the “erosion of professionalism” among commercial pilots.
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FAA Proposes Millions in Penalties Against United Airlines. --- Business and Legal Resources, November 5, 2009.
The Federal Aviation Administration is proposing a $3.8 million civil penalty against United Airlines for operating one of its Boeing 737 aircraft on more than 200 flights in a less-than-airworthy condition. The airline had violated its own maintenance procedures on one of the plane’s engines—two shop towels, and not the required protective caps, had been used to cover openings in the oil sump area.
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FAA Tracking Planes That Flew Over House Hit By Ice. --- ChicagoBreakingNewsCenter, November 5, 2009.
The Federal Aviation Administration is investigating an incident wherein a large piece of ice fell from the sky and hit a home in Chicago, Illinois on Wednesday, November 4, 2009. The house lies under one of O’Hare International Airport’s flight paths, and FAA investigators will seek to identify which planes were overhead at the time of the incident, and if any may have reported a leak, which could then be the source of the ice.
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Are Some Airlines Just Too Dangerous to Fly? --- Richard Korman, Miller-McCune, November 4, 2009.
A recently-conducted study found that certain old planes operated from Latin America, the Middle East, and Africa have more accidents. Developing countries are more likely to use old planes beyond their “designed economic life,” and maintenance of these planes may fall short of international standards, though it is difficult to establish global standardization. The European Union launched an airline blacklist in 2006, and passengers should avoid those carriers or carriers from Federal Aviation Administration-downgraded countries, though international maintenance standards should be implemented and enforced.
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Photos Show AA Plane at Center of Safety Investigation. --- Scott Friedman, NBC DallasFort Worth, November 4, 2009.
American Airlines is being investigated by the Federal Aviation Administration after the airline voluntarily self-disclosed a discrepancy in several of the screwheads used to hold AA plane #279’s skin. The screws appear to be ordinary and unlike the rivets generally used, but the carrier insists that they are aerospace quality and were only installed just before the plane was moved to the New Mexico desert and retired. The FAA is investigating whether the plane carried any passengers with the changed screws, and whether the plane was deliberately moved to the desert graveyard to keep it out of sight of inspectors.
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Barclay Urges Senate to Pass FAA Bill; Eliminate AMT Penalty. --- Aviation News, November 4, 2009.
Charles Barclay, president of the American Association of Airline Executives, is urging the Senate to pass the Federal Aviation Administration reauthorization bill quickly and permanently eliminate the AMT penalty on airport private activity bonds.
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Director of Singapore Firm Sentenced for Illegally Exporting Controlled Aircraft Components to Iran. --- Department of Justice, November 5, 2009.
Laura Wang-Woodford, one of the directors of Singapore-based Monarch Aviation Pte Ltd., was sentenced in federal court in Brooklyn to 46 months in prison for conspiring to violate the U.S. trade embargo by exporting controlled aircraft components to Iran. Along with her husband, Brian D. Woodford, who served as chairman and managing director of Monarch and who remains a fugitive, Ms. Wang-Woodford illegally exported aircraft parts and U.S. military aircraft components. At the time of her December 23, 2007 arrest in San Francisco, she was also in possession of catalogues from a Chinese company from which all U.S. citizens and entities are prohibited from engaging in business.
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FAA Chief: Pilots Must Refocus on Professionalism. --- Joan Lowy, Associated Press, November 4, 2009.
Federal Aviation Administrator Randy Babbitt told an aviation club that pilots must refocus on professionalism, and that recent incidents like Northwest Flight 188, which overshot its destination by 150 miles, and the Buffalo, New York crash that killed 50 people, were caused because the pilots forgot their first job was to focus on flying the plane. Babbitt has been stressing a need for stronger professionalism among airline pilots, and he has urged veteran pilots to mentor less experienced pilots.
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$3.7 Million to Study O’Hare Terminal Airlines Don’t Want. --- Fran Spielman, Chicago Sun-Times, November 4, 2009.
Consulting firm Landrum & Brown was awarded a $3.7 million contract to plan for a new western terminal project at O’Hare International Airport in Chicago, Illinois that the major airlines are refusing to fund and consider ill-conceived. The Federal Aviation Administration, which provided the funding for the study, believes the Western Terminal Planning Study is an “important and necessary tool” to help the agency coordinate with the state to provide regional and local roadways for western access to O’Hare.
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Airport Weight Debate Goes to Commissioners. --- Kurt Hildebrand, The Record-Courier, November 4, 2009.
Douglas County, Nevada commissioners will look at a proposal analyzing what might happen if Minden-Tahoe Airport loses federal funding. The Federal Aviation Administration has already withheld some funding due to the county’s failure to alter the airport’s entry in federal publications, and the FAA would be less likely to continue to provide funding if the airport does not comply with assurances representatives made that the airport would be maintained. The county is analyzing potential options for maintaining the airport without federal funding if the county is held in non-compliance and does not receive federal funds.
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How to Keep Planes From Colliding with Lasers. --- Physics Today, November 5, 2009.
Researchers have created a radio-tracking device that can detect aircraft entering the vicinity of a laser beamed into the sky, which would greatly aid in the prevention of plane-laser collisions. The current method involves using human observers to watch for planes flying with 25 degrees of the laser beams, but the new device would have none of the potential for human error.
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FAA Investigates Clem’s Airport Lease Deal. --- Alan Gustafson, Statesman Journal, November 6, 2009.
The Federal Aviation Administration is investigating a controversial lease awarded by former aviation director Dan Clem to a developer at Aurora State Airport in Oregon. The inquiry concerns whether the lease complied with federal grant conditions for airports that receive FAA funding for improvements, and the Oregon Department of Justice is conducting its own investigation into Clem’s handling of the lease. Mr. Clem resigned as state aviation director on October 19 of this year.
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MontanaAirport Hopes to Build Control Tower Soon. --- Associated Press, November 6, 2009.
Missoula International Airport, Montana airport administrators hope to begin building a new control tower in spring, after the Federal Aviation Administration approved about $6.7 million in funding for the tower. The new tower will likely be about 120 feet tall, approximately double the height of the current tower, which was built in the early 1960s.
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Noise Pollution Control. --- Save the Earth!, November 6, 2009.
Noise pollution is displeasing human-, animal-, or machine-created sounds, damaging to physiological and psychological health. In the early 1970s the Environmental Protection Agency developed federal noise-emission standards, and the Federal Aviation Administration adopted Ldn (day-night equivalent level) as the noise descriptor in assessing land-use compatibility with various levels of aircraft noise. The EPA, FAA, and other government agencies work to identify major noise sources in the United States and craft measures to curb noise pollution.
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Notice of Availability of a Record of Decision for Streamlining the Process of Experimental Permit Applications. --- Federal Register, November 6, 2009.
The Federal Aviation Administration announced the availability of a Record of Decision for streamlining the environmental review of experimental permit applications for the launch and/or reentry of reusable suborbital rockets. The ROD provides a description of the Proposed Action—the FAA’s Preferred Alternative and the environmentally preferable alternative—and includes a discussion of environmental impacts associated with the Proposed Action for each resource area.
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ExhaustConeFalls Off Jet Onto NY Home’s Lawn. --- David B. Caruso, Associated Press, November 6, 2009.
An engine tailcone fell off a Delta Air Lines Boeing 777 and landed on a lawn in a Long Island, New York residential neighborhood, though neither pilots nor anyone on the ground immediately noticed the mishap. The aircraft does not need the part to fly, and carried on safely to its destination in Tokyo, where Delta personnel reported the engine part missing following an inspection after the plane landed. Delta is conducting an investigation to determine what went wrong.
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FAA Streamlines Experimental Space Flight Access. --- Michael Cooney, Network World, November 6, 2009.
The Federal Aviation Administration says it will streamline the environmental review part of permit applications for the launch and/or reentry of reusable suborbital rockets to help bolster a young commercial space market. The Processing of Experimental Permit Applications (PEIS) is the central and important document of the ruling, because it presents information and analysis common to reusable, suborbital rockets and effectively focuses on environmental impacts specific to an applicant’s proposed experimental operations.
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Van Nuys Would Like To Be Paid Back For All That Soundproofing. --- Curbed LA, November 6, 2009.
The Van Nuys Airport Citizens Advisory Council is seeking reimbursement from the City of Los Angeles for the cost of installing insulation in homes near Van Nuys Airport in California, after the Federal Aviation Administration rejected plans to enforce a curfew at Burbank’s Bob Hope Airport which would have resulted in the diversion of planes to airports like Van Nuys. The figure is in the $10 million range, but will likely increase when the cost of noise consultants is factored in.
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NBAA Welcomes FAA Ruling Against Curfew Proposal. --- Charter X News, November 7, 2009.
The National Business Aviation Association applauded the Federal Aviation Administration’s decision to deny a proposed ban on nighttime operations at Bob Hope Airport in Burbank, California. The NBAA had submitted an extensive legal filing in opposition to the curfew proposal, one of the documents cited by the FAA in support of its decision.
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Buzzing of Santa Monica Pier Leads to Questions About Aviation Safety. --- Dan Weikel, Los Angeles Times, November 8, 2009.
A November 2008 incident at Santa Monica Pier involving a low-flying military jet has focused attention on the use of high-performance military jets by civilian pilots and the hazard they can pose to people in the air and on the ground. In the Western Pacific region of California, Nevada, Arizona, and Hawaii there are about 5,600 experimental exhibition planes that are restricted by the government to air shows, flight demonstrations, or training flights over sparsely populated areas, but there is little to stop those who own or operate those planes from using them in unapproved and dangerous ways. David G. Riggs, the pilot and owner of the jet involved in the Santa Monica Pier incident, may have illegally sold rides in such unapproved planes and may even have failed to adhere to proper maintenance standards for the planes.
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FAA Gives Hope to Cargo. --- Aircargo Asia Pacific, November 9, 2009.
The air cargo industry praised the Federal Aviation Administration’s decision to reject BobHopeAirport’s request for a ban on nighttime operations at the Burbank, California airport. Daniel Fernandez, director of the International Air Cargo Association, said that the decision sends a clear message to other airports that may have been considering similar restrictive actions.
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City Council Committee Approves Delta-Airport Lease. --- Kelly Yamanouchi, The Atlanta Journal-Constitution, November 9, 2009.
The Atlanta, Georgia city council transportation committee approved the proposed lease between Hartsfield-JacksonInternationalAirport and Delta Air Lines after the Federal Aviation Administration wrote in a memo that most of its concerns about the deal had been addressed. Key issues involved potentially anti-competitive provisions in the lease, including the restriction of gate usage—a representative for American, Continental, US Airways, and United told the transportation committee that the agreement will restrict those carriers because they will lose five of their gates. The full council will take up the measure at its November 16, 2009 meeting.
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Aircraft Owner Group spent $770,000 Lobbying in 3Q. --- Associated Press, November 9, 2009.
The Aircraft Owners and Pilots Association, representative of private pilots, spent $770,000 lobbying on issues related to small aircraft, security, and airport fees, in the third quarter. The group lobbied for legislation that would require the Homeland Security secretary to go through a negotiated rulemaking process before issuing rules aimed at general aviation aircraft, as well as issues like greenhouse emissions, fuel, reauthorization for the Federal Aviation Administration, and authorization for the Transportation Security Administration.
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US Airways Spent $410K Lobbying Government in 3Q. --- Associated Press, November 9, 2009.
US Airways Group Inc. spent $410,000 lobbying in the third quarter. The carrier lobbied on the cap-and-trade energy proposal and aviation regulation issues, and on bills aimed at curbing speculation in the energy markets. US Airways also lobbied on reauthorization for the Federal Aviation Administration and air cargo security issues, aircraft engineering, flight operations, and maintenance issues.
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Senators Call for Passage of FAA Bill. --- Aviation News Today, November 9, 2009.
A group of lawmakers called on Senate leaders to pass the Federal Aviation Administration reauthorization bill. The Senate Commerce Committee approved the FAA Air Transportation and Modernization Act of 2009, S. 1451 on July 21, 2009, but the bill has stalled in the Finance Committee, which has yet to consider the tax portion of the bill.
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Airbus A319 Drops Parts on Dallas. --- Associated Press, November 10, 2009.
A left overwing emergency slide and the door over the compartment in which the slide was stowed fell from an Airbus A319 jet making a test flight in Dallas, Texas. The jet was undergoing maintenance when the incident occurred, and no injuries were reported and the plane was able to land safely.
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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 Monday, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Five More MMA Turbines Face Review.--- George Brennan, Cape Cod Times, October 21, 2009
After an automated review of 17 proposed wind turbines at the Massachusetts Military Reservation, the Federal Aviation Administration flagged five more as a presumed hazard to aviation. Nine of the 17 proposed by the National Guard at the height of 400 feet were already indicated as presumed hazards to aviation or radar on the base, but the additional five were found to potentially pose a risk when pilots have to use instruments to land. The FAA’s obstruction expert is re-evaluating whether the turbines are really a hazard, and the FAA has indicated that it will work with and negotiate locations with the Guard.
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Wind Turbines: Airport Fix Could Jeopardize Existing Flight Tool. --- Kathleen Fox, Urbana Daily Citizen, October 26, 2009
Airport Manager Carol Hall is concerned about a proposed localizer and wind turbines at Grimes Field Airport in Urbana, Ohio. The Everpower company offered to purchase and install a localizer at the airport after the Federal Aviation Administration indicated that 38 of its 70 proposed turbines could cause problems for approaching aircraft, but Ms. Hall states that placing a localizer navigational aid at the airport would put the existing VOR navigational aid in jeopardy, and added that 90 percent of the pilots who use the airport are not instrument-rated and thereby not certified to use the localizer as a navigational aid.
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FAA: Some Parts of New Delta Lease “Anticompetitive.” --- Kelly Yamanouchi, Atlanta Journal-Constitution, October 21, 2009
The city of Atlanta, Georgia and Delta Air Lines are pushing for a seven-year deal at Hartsfield-Jackson International airport to replace a lease expiring next year, but the Federal Aviation Administration says some terms of the draft are anticompetitive. The FAA said some provisions would limit the city’s ability to accommodate a new entrant or existing carrier that wishes to expand at the airport, and criticized language that could prevent the airport from reclaiming gates not fully used by airlines.
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Hartsfield-Jackson’s Future Hangs On Lease With Delta.--- Maria Saporta, Sporta Report, October 25, 2009
The partnership between Delta Air Lines and the city of Atlanta, Georgia has led to Delta becoming the world’s largest airline and Hartsfield-Jackson International airport becoming the world’s largest and busiest. The current negotiations on a master lease between the city and airline are important as each attempt to maintain their self-interests while coming to agreement. Major concern about the draft agreement stems from several potentially anticompetitive provisions, and competition from other airlines is essential for Hartsfield-Jackson, its travelers, and surrounding community and region. The Atlanta City Council Transportation Committee, which will vote on whether or not to accept the draft, must remember that the airport needs to “keep its options open” for future relationships with other airlines.
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Wandering Flight Spurs Nap Probe. --- Andy Pasztor, Wall Street Journal, October 23, 2009
The National Transportation Safety Board is investigating whether pilots of Northwest Airlines Flight 188 dozed off or were distracted when they fell out of contact with air-traffic controllers for more than an hour and overshot their destination by 150 miles on October 21, 2009. The pilots said they lost situational awareness because they were engaged in a “heated discussion” over airline policy; the plane’s cockpit voice recorder and digital flight-data recorder will be analyzed by federal investigators, and Delta Air Lines, Northwest’s parent company, is conducting its own internal investigation. Though the Northwest Flight 188 pilots may not have fallen asleep or been suffering from fatigue, the incident is only spurring the industry-wide call for new safety rules on pilot fatigue.
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Experts Over How Flight Overshot Airport.--- Micheline Maynard and Matthew Wald, New York Times, October 23, 2009
Safety investigators are perplexed by the Northwest Flight 188 pilots’ explanation that they overshot their destination and made no radio contact for over an hour because they were debating airline policy, instead wondering if both had fallen asleep. More than a dozen air traffic controllers tried to contact the pilots, and one former chief executive of a major airline said audio would be heard if a pilot was awake, unless the radio was tuned to the wrong frequency. Another airline executive said that it is very possible the plane could have been flown “without active human involvement” in the time it was flying at a constant altitude when it should have been descending.
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Could Letting Pilots Take a Nap Make Flying Easier? --- Associated Press,October 24, 2009
International carriers like Air France, British Airways, and Qantas allow their pilots to nap, while the Federal Aviation Administration prohibits pilots from sleeping while flying. The Air Transport Association has been pressing the FAA to allow controlled cockpit napping, citing research that shows a mid-flight nap could significantly reduce the risks of overall pilot fatigue. In light of the recent Northwest Flight 188 incident, whose pilots may have been drowsy and consequently missed calls from air traffic controllers, controlled naps might make flying safer.
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Pilots Say They Lost Track of Time, Location. -- Portland News October 23, 2009
Northwest Airlines Flight 188 pilots Timothy Cheney and Richard Cole said they were not fatigued and did not fall asleep, but were instead using their laptops to go over scheduling, in violation of company policy. They also told federal investigators that they did not realize their mistake in flying past their destination and being out of communication with air traffic controllers until contacted by a flight attendant. Co-pilot and First Officer Cole said there was no argument between the pilots and said reports that they fell asleep were untrue.
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Northwest Pilots’ ‘Distraction’ Blamed in Airport Overshoot. Alan Levin, USA Today October 26, 2009
The two pilots of Northwest Airlines Flight 188 told federal investigators that they did not pay attention to their duties and flew past their Minneapolis, Minnesota destination because they were so engrossed in examining a new computer program that arranges pilot schedules on their laptops. Both stated that there was a distraction in the cockpit, and a “concentrated period of discussion” where they did not monitor the airplane or calls from air traffic controllers.
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FAA Revokes Pilot Licenses. --- FAA Press Release, Otober 27, 2009
The Federal Aviation Administration revoked the licenses of the two Northwest Airlines pilots of Flight 188 for violations of a number of Federal Aviation Regulations, including failure to comply with air traffic control instructions and clearances and operating carelessly and recklessly. The revocations are effective immediately, though the pilots have 10 days to appeal the emergency revocations to the National Transportation Safety Board.
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FAA Updates Certification Rules for Aviation Products and Parts. --- FAA Press Release, October 22, 2009
The Federal Aviation Administration published new regulations for manufacturers of aircraft and aviation products, updating and standardizing FAA requirements to better align them with the current global manufacturing environment. Most of the FAA’s certification rules were issued in 1964, and the aircraft manufacturing industry has evolved significantly since. There are several major changes in the new regulations, including standardization of quality control system requirements for all aviation manufacturers and updated export requirements of parts.
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Broward Commission To Look At, Possibly Vote On, $800 Million Airport Expansion. --- Broward Net, October 21, 2009
Broward County, Florida could be paying $800 million to extend a runway at Fort Lauderdale-Hollywood International Airport. To that end, the Broward Commission conducted a workshop with the County’s director of aviation, who presented the commission with various funding options, which included passenger facility charges, or airport fees, funds from the Florida Department of Transportation, and grants from the Federal Aviation Administration. The commissioners requested more numbers and analysis on issues ranging from operating revenue to the impacts of delays before the next commission meeting.
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FAA Signs Off on Destin Airport Noise Study. --- Fraser Sherman, The Destin Log, October 22, 2009
Destin Airport (Florida) received Federal Aviation Administration approval for its noise study, which will authorize the airport to carry out eight recommendations for the mitigation of its current and future noise levels. The FAA’s approval does not provide or guarantee federal grants that would be necessary for the implementation of some of the solutions, but would allow the county to start the application process immediately.
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World Aviation Authorities Tackle Climate Change. --- FAA Press Release, October 23, 2009
At the International Civil Aviation Organization meetings in Montreal, the Federal Aviation Administration and its counterparts from around the world reached an agreement that will guide the aviation community as it tackles climate change. The countries participating in the agreement adopted a program of action to reduce greenhouse gas emissions, striving for a 2 percent annual fuel efficiency improvement between 2012 and 2050. ICAO also identified a broad range of measures available to all states that can be used to limit and reduce greenhouse gas emissions from international aviation, and also discussed plans to develop recommendations on carbon-neutral growth and long-term emissions reductions for the international aviation sector.
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Airplane Safety Features to Make Crashes Survivable. --- Lisa Stark and Devin Dwyer, ABC News, October 26, 2009
A new Federal Aviation Administration rule has gone into effect requiring commercial planes to have stronger seats and better head protection for passengers, to ensure they survive a hard impact and have time to get out of an aircraft quickly. Manufacturers will be required to install seats that can withstand impacts of 16 times the force of gravity on all new aircraft, which will essentially absorb the energy of the crash. Many commercial planes already have the stronger seats in place, and some airlines have begun to install seatbelts equipped with air bags on some passenger seats.
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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.

House Passes Bill to Toughen Pilot Training Rules.--- Joan Lowy, Associated Press, October 15, 2009

The House passed a bill, 409-11, to toughen regulations on pilot training, qualifications, and work schedules, after a fatal crash in upstate New York in February and other accidents involving regional airlines. The bill would require that all pilots flying for a passenger-carrying airline have an Air Transport Pilot certificate, which would significantly increase the number of flying hours an entry-level airline pilot must have. Under the bill, the Federal Aviation Administration is also required to update rules governing how many hours airlines may require a pilot to fly before the pilot is permitted rest. The FAA is additionally required to ensure that airlines conduct comprehensive pre-employment screening of prospective pilots, create mentoring programs between experienced and newly hired pilots, and provide remedial training for pilots who perform poorly on skills tests. A companion bill is being introduced in the Senate.

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Passenger ‘Rights’ Advocate Sues Delta, Alleges Email Hacking. --- Justin Bachman, BusinessWeek, October 13, 2009

Kate Hanni, a passenger rights advocate, is accusing Delta Airlines and Metron Aviation aviation consulting firm of hacking into her email and personal computer. Her computer and email account were both accessed illegally this past summer, with some emails stolen and other work materials damaged. Both Delta and Metron deny the allegations and dismiss them as “baseless and without merit.”

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ATA Commends ICAO Member States for Progress on Climate Change Agenda. --- Air Transport Association, October 14, 2009

The Air Transport Association of America commended the member states of the International Civil Aviation Organization for confirming a Program of Action at a recent High Level Meeting on Climate Change. The ATA was pleased with the “groundwork” laid by ICAO in the members’ endorsement of continuing fuel efficiency improvements, and agreement that additional goals like carbon-neutral growth in the medium term need to be considered. ATA President James C. May urged ICAO to fully endorse a global sectoral approach to aviation and climate change over the next year.

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Safety Bill Faces Rough Flight in Senate. --- Jerry Zremski, The Buffalo News, October 16, 2009

The aviation safety bill recently passed in the House is likely to face tough challenges for passage in the Senate due to growing industry opposition, the intrusion of extraneous issues that could delay or doom the safety measures, and a tight Senate schedule. The major airlines are particularly opposed to the provision that would boost the number of flight hours for newly hired pilots from the current 250 to 1,500, citing that experience is not equated with total flight time or level of technical certification. The pilots and their union, however, back the training requirement. The bill also faces a procedural challenge in that it must be merged with the Federal Aviation Administration reauthorization bill pending in the Senate Finance Committee, which has been wrapped up for months with healthcare reform legislation.

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FAA Opposes Plan for Composting at Palo AltoAirport. --- Will Oremus, Silicon Valley Mercury News, October 16, 2009

A citizen task force on compost and aviators are opposed on the issue of building a new compost facility at Palo Alto, California airport. The task force presented a plan to the city council to build a new, high-tech composting facility on four undeveloped acres owned by the airport, but airport backers were incensed they had not been consulted, and some saw the project as a nonstarter. They sent a letter to the city council outlining their opposition and noting that the airport has long sought to use the undeveloped land, but been unallowed to by the council, and raising safety issues about the composting operation.

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FAA Drops Objections to New Jersey Wetland Restoration. --- Associated Press, October 16, 2009

The Federal Aviation Administration dropped its objections to the restoration of wetlands on a 250-acre site near Teterboro Airport in New Jersey. The agency had feared that the project would lead to planes hitting more migratory birds, but now says in an Oct. 5 letter that it will work out a plan to keep birds from the area out of the path of air traffic at the airport.

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FAA Scuttles Wind Turbines at CapeBase. --- Associated Press, October 16, 2009

Six days after approving wind turbines at the Massachusetts Military Reservation on Cape Cod, the Federal Aviation Administration said some could not be built because they would pose a hazard to air navigation. The National Guard filed applications for as many as 17 wind turbines and the FAA originally approved of eight of them, but now just three remain.

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FAA Seeks Certain Safety Work on Boeing Jets. --- Reuters, October 16, 2009

The Federal Aviation Administration is asking airlines to replace fuel pump parts on nearly 700 Boeing 757s and inspect more than 780 newer model 737s for tiny fuselage scratches. Boeing Co. said it recommended that both steps be taken as part of ongoing safety programs for the fleet, and as part of joint safety efforts by Boeing, the FAA, and airlines that include reducing chances that electrical shorts could ignite fuel vapors.

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Audit Forcing Airport to Justify Land Usage. --- D.R. Stewart, Tulsa World, October 17, 2009

A Department of Transportation Office of the Inspector General audit is requiring Tulsa International Airport (Oklahoma) and many other commercial airports to show justification for the use of thousands of acres of property acquired under a federal aircraft noise mitigation program. The 2005 audit found that 11 airports surveyed were holding 3,800 acres of land worth approximately $235 million that were no longer needed for noise compatibility or airport development, and the Federal Aviation Administration is now directing airports that have acquired noise-sensitive properties with FAA grants to inventory the properties, describe their uses or proposed uses, and justify the rationale for keeping or selling them back to the private sector.

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FAA Expands American Airlines Repair Probe. --- Associated Press, October 17, 2009

The Wall Street Journal reports that the Federal Aviation Administration may be expanding its investigation into suspected structural problems found in American Airlines’ McDonnell Douglas MD-80 series jets. An American Airlines spokesman told the newspaper that the carrier has responded to the agency’s formal letter of investigation, and the carrier is also slowly replacing the MD-80s with new, more fuel-efficient planes. Preliminary FAA findings show that as many as 16 jets were operated for months despite substandard repairs.

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Two Passengers Sue United Airlines Over A320 Runway Skid in Chicago Caused by Crossed Wiring. --- Tim Klass, Associated Press, October 20, 2009

Two passengers on a United Airlines A320 that skidded off a runway in Chicago in October 2007 are suing the airline and the manufacturer for damages for pain, suffering, lost pay, medical expenses, and other losses. United has confirmed that a previous United A320 that skidded into snow at Jackson Hole Airport in Wyoming in February 2008, as well as the plane in Chicago and a third not involved in any mishap, had crossed wiring in the main landing gear, which could cause the wheels to lock on both planes that went off the runways. The Federal Aviation Administration has not yet determined the outcome of its investigation into the Chicago skid, however, in August 2008 the agency proposed an $18,000 penalty against United for two maintenance violations that preceded the Jackson Hole skid.

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Airport Expansion Hitting Critical Juncture. --- Keith Benman, In Business, October 21, 2009

Gary/Chicago International Airport (Illinois) must accomplish several tasks in the coming months to remain on schedule for spending approximately $6 million per year in Federal Aviation Administration funding. Land acquisition and other projects have kept the airport on schedule for spending the money, Illinois Representative Ed Soliday says getting positive revenue into the airport is also important. State officials have also been pushing for the privatization of Gary airport, hoping that privatization could help bring airlines to the airport. The airport faces problems in moving railroad tracks, which interfere with a planned runway expansion, in seeking the condemnation of 103 acres of land owned by Gary Community School Corp., which it needs to satisfy federal requirements that any sensitive habitats destroyed by the expansion be replaced, and in fully exploring environmental contamination.

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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.

FAA Bill Could Pass This Year. --- Adrian Schofield, Aviation Week, October 7, 2009

A staff member from the Senate aviation subcommittee believes that the Federal Aviation Administration reauthorization bill can be finished this year, though the Senate must have its bill approved by November to leave enough time for a House/Senate conference on the bill. The Commerce Committee has approved the bulk of the bill, but the Finance Committee has yet to contribute its proposals on tax changes, despite “tremendous pressure” from both lobbyists and Senate leadership to complete its work. There are some big differences to be resolved between the House and Senate bills, but none involve FAA funding and the houses are “basically aligned” on the aviation measures.

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The Department of Transportation issued a safety advisory targeting shippers and carriers responsible for compliance with hazardous materials regulations covering both passenger and cargo aircraft. The advisory highlighted recent aviation incidents involving lithium batteries and outlined the current regulatory requirements for their safe transportation. It also included an announcement that both the Pipeline and Hazardous Materials Safety Administration and Federal Aviation Administration would be stepping up enforcement of safety standards. Since 1991 more than 40 air transport-related incidents involving lithium batteries and devices powered by lithium batteries have been identified, many directly related to the lack of awareness of the regulations, risks, and required safety measures applicable to the shipment of lithium batteries.

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The Federal Aviation Administration’s new computer system was unsuccessfully deployed at a Salt Lake City regional air traffic control center, raising doubts about whether it can be operational 15 months from now when the current computers must be replaced. The new ERAM (En Route Automation Modernization) system is based on satellite technology, whereas the current HOST system uses World War II-era radar technology and is a unique computer language that fewer technicians today can understand. In Salt Lake City the new system misidentified planes several times and managers in SaltLake refused to deploy it again, choosing to safely transition back to the HOST system instead.

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Report Warns Airline Delays Will Increase. --- Bruce Siceloff, Charlotte Observer, October 8, 2009

In a newly released report, the Brookings Institution warns that there will be more delayed flights and longer delays as the U.S. economy recovers and airports get busier in the coming months. The report suggested that federal airport spending would be more beneficial for travelers if it were focused on increasing capacity at the most congested metropolitan airports instead of being scattered across the U.S., and that the Obama administration’s planned high-speed rail network could cut heavy traffic on air corridors of less than 500 miles, which account for half of the nation’s flights.

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FAA Announces Serious Runway Incursions Down by 50 Percent. --- FAA Press Release, October 8, 2009

Federal Aviation Administration Administrator Randy Babbitt announced that serious runway incursions were down 50 percent for the most recent 12-month period, compared to the previous year. There were only 12 serious incursions in fiscal year 2009 with only 2 involving commercial carriers, while there were 25 such events in fiscal year 2008 with 9 involving commercial carriers. Administrator Babbitt praised the progress made since the FAA’s Runway Safety “Call to Action” meeting two years ago, but stated that there is still much work to be done to continue reducing the potential risk of collisions on runways.

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Federal Aviation Administration officials fear that a wildlife restoration project in the Richard P. Kane Natural Area could create a threat to public safety at nearby TeterboroAirport in New Jersey. TeterboroAirport averaged five bird strikes per 10,000 landings and departures last year, more than double the rate at Newark Liberty International and LaGuardiaAirports, but an airport wildlife biologist for the U.S. Agriculture Department says a busy airport and abundant bird population can coexist if properly managed.

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Delays and inefficiencies in air travel are largely due to an outdated traffic-control system that relies on slow, ground-based radar stations and repetitive communication, and the inefficiencies also mean fuel is wasted and unnecessary carbon dioxide emitted at a time when the air-travel industry is coming under scrutiny for its role in climate change. The air-travel industry will be under increasing pressure to cut its emissions or pay a carbon tax, and while the best immediate opportunity may be to improve fuel efficiency, the best way to increase fuel efficiency is to update the current air-traffic control system using NextGen, the Federal Aviation Administration’s long-term plan to replace the current system with one using satellites and a global positioning system.

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Airlines Set Own Emission Targets...but is fuel efficiency enough? --- Associated Press, October 10, 2009 and Steven Taber, Aviation & Airport Development Law, September 24, 2009

Members of the International Air Transport Association pledged to improve fuel efficiency by 1.5 percent a year until 2020 and called on governments worldwide to provide incentives to speed biofuel development.

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In the short run, however, technological innovations like those that would reduce emissions will not be available for implementation in the near future.

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The Federal Aviation Administration officially rescinded its plan to enact mandatory slot auctions on LaGuardia, John F. Kennedy, and Newark airports. In 2008 final rules were published that established procedures to address congestion in the New York City area by assigning slots at the airports, assigning the majority of slots to existing operators, and creating a market by annually auctioning off a limited number of slots in each of the first five years of the rule. The rules were the subject of much litigation and controversy ever since they were first proposed by the Bush Administration, but have now been rescinded partly because of the Omnibus Appropriations Act, and the state of the economy in general.

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A Wall Street Journal story criticizing ChicagoRockfordInternationalAirport and other airports for receiving Federal Aviation Administration grants for low-priority projects is being slammed itself. Rockford International Airport Authority Chairman Mike Dunn retorts that Rockford International is a world-class facility that helps relieve congestion at O’Hare International Airport, and is one of just three airports in Illinois authorized to land flights from foreign countries. It is the port of re-entry for thousands of U.S. military personnel en route from the Iraq and Afghanistan wars to their home bases in the U.S., and will likely see the number of passengers it serves grow as the economy improves. Freight and passenger service improvements at the airport have helped generate economic development and will prepare Rockford International for its future role as a “vital part” of the Chicagoland aviation system.

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Passenger traffic at Philadelphia International Airport grew 45 percent in the last decade, nearly three times the national average for the 100 largest U.S. metropolitan areas, but 73.4 percent of flights arrived on time during fiscal year 2009, below the national average of 78.4 percent. The combined Philadelphia-New York airspace contributes to 75 percent of delays nationally and affects business travelers everywhere.

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A new system monitoring air traffic above the Rockies was recently implemented in Colorado. Using 20 sensors clustered around four airports within the Rockies, the sensors monitor radio broadcasts from planes and computers can determine the plane’s location by measuring minute differences in the time it takes for broadcasts to reach the various sensors. The system uses similar technology to the satellite-based system the Federal Aviation Administration is installing nationwide to replace radar, and is a sign that the technology underpinning the satellite system can work.

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House aviation subcommittee chairman Jerry Costello and Thomas Petri have begun a lobbying effort against potential aviation user fee proposals for the fiscal year 2011 budget. In a letter being circulated within the House, Costello and Petri state that they believe user fees will place an undue administrative burden and associated costs on system users and cited previous House opposition in both the 110th and 111th Congresses to proposals of using user fees to finance the Federal Aviation Administration.

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The Civil Air Navigation Services Organization commended the achievements of the International Civil Aviation Organization’s High Level Meeting on International Aviation but expressed disappointment that no actions were recommended for member states to undertake themselves to assist the aviation industry in meeting its environmental goals. CANSO Secretary General Alexander ter Kuile identified four steps that ICAO nations could immediately take to deliver an extra 0.5% of fuel efficiency improvement, on top of ICAO’s recommended target of 1.5% improvement through 2020 with carbon-neutral growth thereafter.

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SFO Fuel, Chevron, and the Environmental Protection Agency entered into agreements to resolve violations of the Clean Water Act at a large jet fuel storage facility located at San FranciscoInternationalAirport. SFO Fuel representatives self-reported inadequate secondary containment capacity--which could result in a catastrophic spill into San FranciscoBay--and the EPA investigated and agreed. SFO Fuel, which leases the facility, and Chevron, which operates the facility, have adjusted their operations at the tank farm with alarms and automatic shut-off valves to reduce the volume that is present in the tanks until the facility is able to increase the size of the secondary containment area. The agreements require the facility to come into full compliance by next year, and SFO Fuel and Chevron agreed to pay a penalty of $177,500.

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The Federal Aviation Administration is proposing a $3.8 million penalty against United Airlines for allegedly operating one of its Boeing 737 aircraft on more than 200 flights after the carrier violated its own maintenance procedures on one of the plane’s engines. Between February 10 and April 28, 2008 the aircraft was flown on more than 200 revenue flights in a less-than-airworthy condition.

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The Federal Aviation Administration proposed a $5.4 million penalty against US Airways, Inc. for allegedly operating 8 aircraft on a total of 1,647 flights between October 2008 and January 2009 that were not in compliance with certain Airworthiness Directives or the airline’s maintenance program.

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US Airways issued a statement that it experienced challenges during the integration of maintenance systems and processes on flights that occurred in that time period, and is working with the FAA to investigate and correct any discrepancies and achieve a resolution of the FAA’s civil penalty proposal.

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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.

General Aviation Supporters Cite Benefits of Funding Small Airports. --- D.R. Stewart, Tulsa World, September 30, 2009
Critics of general aviation airports believe that the airports receive too much federal funding that should instead go to 400 infrastructure-constrained commercial airports. In response, supporters contend that the general aviation airports are indispensable because they relieve aircraft traffic at commercial airports, provide an economic lifeline for small communities, and serve as training and medical evacuation centers. Through the 28-year-old Airport Improvement Program Congress has appropriated $15 billion to 2,834 general aviation airports, with the majority of the funding being paid by U.S. airline passengers through a tax on each ticket and a fee for each flight.
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NTSB Recommends Several Revisions on Bird Strike, Operations Regulations. --- The Aero-News Network, September 30, 2009
The National Transportation Safety Board has issued a list of recommendations for changes in Federal Aviation Regulations that should enhance bird strike prevention, as well as safety, for charter operators. The recommendations include revisions to existing regulations, as well as more stringent requirements. The NTSB has also called on the Federal Aviation Administration to assess why its current policies, procedures, and practices have resulted in a failure to detect certain noncompliant operations, and to develop additional methods, measures, or procedures for performing inspections on or following up on complaints about noncompliant charter operations.
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Cockpit Chatter Cited in Six Cases. --- Alan Levin, USA Today, October 1, 2009
Federal law prohibits airline pilots from chatting or joking during critical phases of flight, but the National Transportation Safety Board has cited six violations of the “sterile cockpit rule” in six crashes since 2004. Additionally, more than half of the cockpit recording transcripts released in serious accidents in the last decade contain evidence of violations. While safety advocates and even the Federal Aviation Administration Administrator Randy Babbitt acknowledge that pilots need to improve their discipline and too many of the slips are occurring, Professor Edwin Hutchins of the University of California, San Diego cautions that most violations are minor and research has not shown that they are a threat to safety.
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Angry Residents Confront Port of Seattle and FAA Officials About Airport Noise. --- Ralph Nicols, The B-Town Blog, October 1, 2009
During a two-hour community meeting in Burien, Washington, hundreds of angry residents complained about the additional noise generated by commercial jets using Sea-Tac International Airport’s third runway. The citizens said that the Port of Seattle lied to the public about the use of the third runway, and there was even a suggestion that the runway should be shut down, to save the Port millions of dollars in future lawsuits over noise and noise mitigation. Stan Shepard, manager of Sea-Tac noise programs, replied that the Port would not consider shutting down the runway, and another problem exists in that though the runway was planned and built by the Port of Seattle, which operates the airport, it is the Federal Aviation Administration that directs air traffic, including which runways will be used for each landing and take-off. FAA representatives were also present at the meeting, but gave no indication that the residents’ concerns would have an impact on the FAA’s use of the third runway. Use of the third runway may be reduced in future, however, as the complete rebuilding of the longest runway, which is closest to the terminal, is now complete.
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Air Safety Initiatives Run Into Opposition. --- Sholnn Freeman, The Washington Post, October 1, 2009
A number of air safety proposals have been filed in Congress this year following the February 12, 2009 crash of Continental Connection Flight 3407 outside of Buffalo, New York. The National Transportation Safety Board revealed several aviation safety issues in preliminary hearings and reports, and lawmakers demanded action in response. U.S. aviation colleges have emerged as major opponents to some provisions of the proposed House legislation, fighting the provision that would require all airline pilots to obtain airline transport pilot certificates from the Federal Aviation Administration which would substantially boost the flight time of entry-level pilots and likely force the aviation college graduates to spend an additional year or more acquiring the required hours. In the Senate key lawmakers have been more concerned with grappling with healthcare reform, forcing aviation safety legislation into the back seat.
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Coalition of Aviation Industry says FAA Reauthorization “Critically Overdue.” --- September 25, 2009
In a letter to members of the U.S. Senate, a coalition of aviation industry groups stressed the importance of passing a multi-year reauthorization of the Federal Aviation Administration. The group stated that the reauthorization would provide “desperately needed” funding for airport and airway system improvements, and the extensions that have been passed in the last two years are hampering the necessary investments for national airspace infrastructure. The groups urged both legislative chambers to advance the bill and complete the reauthorization process.
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FAA to Overhaul Process of Tracking Whistle-Blower Reports. --- Sholn Freeman, The Washington Post, September 17, 2009
The Federal Aviation Administration plans to overhaul the way it processes whistle-blower reports, saying that it will create an Office of Audit and Evaluation to accept, track, and coordinate action on such reports. Congressional and Department of Transportation probes into safety lapses by American Airlines and Southwest Airlines found that some of the lapses had been brought to light by FAA whistle-blowers, and both Congress and the DOT slammed the FAA for mishandling safety complaints.
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FAA Administrator Babbitt: Major Carriers Reinforce Commitment to Safety. --- Statement by FAA Administrator Randy Babbitt, FAA Press Release, October 2, 2009
In a public statement, Federal Aviation Administration Administrator Randy Babbitt released a list of respondents and non-respondents to the FAA’s Call to Action, which asked air carriers for written commitments to implement “best practices” and adhere to high professional standards. Administrator Babbitt noted that most of the U.S. air carriers had responded and several who did not are already using the key safety programs the FAA had asked for, while some others may have been too small to have certain programs in place. He reiterated the FAA’s goal to ensure all carriers are operating at the highest levels of safety, and released the list of operator and labor organization non-respondents to show them that the American public, and not just the FAA, would “ultimately judge” their reluctance to adopt proven safety practices.
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More Gary Airport Hurdles Crop Up. --- FlyInsider, October 2, 2009
Gary/Chicago International Airport continues to face hurdles in its expansion plans, with the latest being a scrap yard that will have to make way for a railroad relocation. The airport’s plan to move railroad tracks that sit at the end of the airport’s main runway means the tracks will have to run through the property of a scrap company, and the airport would have to pay for some or all of the scrap yard’s land, and possibly the moving of the business as well. The airport authority is also facing opposition from the Gary Community School Corporation, after the corporation rebuffed an offer from the authority to buy 40 acres of the school corporation’s land that are needed for the expansion.
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New York Flight Caps Extended for LaGuardia, Kennedy, Newark. --- John Hughes, Bloomberg.com, October 5, 2009
The Federal Aviation Administration extended hourly flight limits at LaGuardia, Kennedy, and Newark Liberty airports by two years, to October 29, 2011, to hold down flight delays. The FAA will consequently have more time to craft long-term solutions for holdups at the airports. Newark, LaGuardia, and Kennedy lead the are the three worst airports in the nation, respectively, in delays.
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Airports Get Aid for Device to See Debris. --- Matthew Wald, The New York Times, October 5, 2009
In an advisory circular published September 30, 2009, the Federal Aviation Administration is allowing airports to apply for grants to buy systems that will spot dangerous debris on runways. The systems must meet certain specifications, but can use cameras or radars, and can be fixed or mobile. The first systems should hopefully be in place next year.
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United Airlines Chief Calls For More Investment in Developing the Alternative Jet Fuels Market. --- GreenAirOnline.com, October 5, 2009
Glenn Tilton, Chairman of United Airlines and the Air Transport Association of America, called on the government, investors, and producers to develop aviation biofuels, because airlines need alternative jet fuels to help limit price volatility, increase security of supply, and reduce environmental impact. He said that the airline industry is actively seeking funding for the development but needs the government’s commitment, and that the government should focus on investing in alternative fuels that would decrease emissions, instead of “punitive” economic measures addressing climate change. He cited the airlines’ initiative in putting in “intellectual capital and resources,” but stressed the need for leadership from the government to make the investment attractive.
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FAA Requires New Forecast Numbers Before Agreeing to Runway Extension at T.F. Green Airport. --- John Howell, Warwick Beacon, October 6, 2009
The Federal Aviation Administration is requiring Rhode Island’s T.F. Green Airport to update air traffic forecasts, which would push back the completion of the draft environmental impact statement. A revised study is needed because the FAA believes traffic forecasts should be lower, which would affect the determination of future noise contours. FAA spokesman James Peters said the new analysis will not change the purpose and need of the proposed improvements at T.F. Green, but the administration has found at least 10 major issues with the airport plan. 
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Aspen Runway Extension Pitched as Economic Boost. --- Scott Condon, The Aspen Times, October 7, 2009
Pitkin County, Colorado officials believe that the county’s plan to extend Aspen’s Sardy Field airport’s runway will pump millions of dollars into the economy each year by filling more seats on existing flights, though the extension will not attract larger aircraft. The county is working on a proposal to the Federal Aviation Administration to lengthen the runway by 1,000 feet and is seeking an FAA grant for the $15 million project. The runway would have the same weight limits that exist now, but the extension would allow more efficient use of existing flights, easing challenges presented by weight restrictions. Based on studies conducted, consultant Ryk Dunkelberg says that the demand on flights that could be met by the extended runway would add between $20 to $40 million annually to the Aspen-Snowmass economy without increasing the need for tourist accommodations and services.
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FAA Stimulus Recipients Got Low Priority Ratings. --- Christopher Conkey, The Wall Street Journal, October 7, 2009
The Federal Aviation Administration has directed approximately 25% of the stimulus funds provided to the agency for airport work, over $270 million, to projects that were low-scoring on the agency’s national priority rating system, which it uses to grade potential projects. The FAA typically steers grants to projects scoring above 41 on the 1 to 100 scale, though it raised the threshold to 62 for the stimulus grants. The FAA has awarded $272 million to projects below the 62 threshold, however, and an FAA spokeswoman has said the ratings are not the only criteria the agency uses in awarding grants, and  winning projects with ratings below 62 were justified on other grounds, like safety and security. 
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