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

The January 2, 2010 edition of the Los Angeles Times contained an op-ed piece by David Steinberg (not the comedian, but a screenwriter from Santa Monica).  The editorial beautifully capsulizes the irrationality of the Transportation Security Agency’s response to the recent attempted bombing of a Delta airliner bound for the United States from Amsterdam in which the TSA instituted regulations during an overnight session (when participants were apparently not fully awake).  Those regulations, governing incoming flights to the U.S. from certain foreign airports, include requiring that passengers remain locked in their seats during the last hour of flight, and removal of all pillows and blankets to overhead bins during the same period. 

In his editorial, Mr. Steinberg recounts his family’s odyssey home from a vacation in Aruba the day after the attempted bombing.  Their adventure included: (1) the baggage handler, designated as “frisker,” becoming embarrassed as he patted down Mr. Steinberg’s four year old son; (2) the same “frisker” apparently recognizing the absurdity of his act, gratefully passing on the frisk of Mr. Steinberg’s two year old daughter; and (3) Mr. Steinberg’s two year old screaming “bloody murder” as the flight attendant yanked the pillow from under her head.

Honestly, when does enough arbitrary and capricious regulation become enough?  First, the government mandates that passengers have to practically disrobe to get on a plane.  Now the government wants to regulate when passengers can go to the bathroom once they get there.  And for all that nonsense, the attempted bomber got on the plane to the United States, with explosives, not in his shoes, but in his underwear!  Does that mean passengers will now have to take off their underwear and put it through the scanner?

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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.

• O’Hare Airport hit for safety violations in FAA report. During routine inspections at O’Hare International Airport in Chicago, IL, the Federal Aviation Administration uncovered several violations that endanger airplanes at the most critical phases of flight: takeoffs and landings. In a “letter of correction” to Chicago, the FAA said that O’Hare is out of compliance with federal aviation law and that the airport’s self-inspection program does not reflect actual conditions in the field. The problems noted at O’Hare, considered major violations, have almost all been corrected already and a spokesman for the Chicago Department of Aviation said the rest will be resolved by the end of November. 9/24/09, Jon Hilkevitch, Chicago Tribune, http://bit.ly/xbMHb
• House votes short-term extension for FAA programs. The House has voted to extend existing air transportation programs through the end of the year, the seventh time in two years that it has had to take temporary measures to prevent certain Federal Aviation Administration programs from shutting down. The Senate is expected to follow with a similar bill as it has struggled to get an FAA bill to the floor this year, due to policy differences and a preoccupation in the Senate with the health care issue. 9/24/09, Jim Abrams, Associated Press, http://bit.ly/L1Wg8
• FAA clears India’s safety measures. The Federal Aviation Administration’s International Aviation Safety Assessment team recently revisited India to confirm and validate action taken on earlier concerns raised by an audit in March 2009. The IASA team found India fully compliant with international safety standards as it had taken steps to meet the concerns from the March audit, and reported that it could continue to be maintained in Category-I, which means Indian airlines can expand operations in the U.S. and get new points of call and share codes. 9/24/09, Business Standard, http://bit.ly/hauyN
• AAAE panel mulls lack of long-term FAA reauthorization bill. At the American Association of Airport Executives’ National Airports Conference a panel of industry experts predicted that Congress’ likelihood of passing a long-term Federal Aviation Administration reauthorization bill is slim at present. The passage of a three- to six-month extension of FAA’s authority and funding is only a short-term response to the September 30, 2009 end of the federal fiscal year, and Kate Lang, the FAA’s associate administrator for airports, pointed out that short-term extensions make it difficult for airports to do multi-year projects and a more stable program is needed. 9/23/09, Aviation News, http://bit.ly/17xURv
• Former American Chairman and CEO boosts passenger rights proposals. Former American Chairman and CEO Robert Crandall has joined the call for a federally imposed time limit that would give passengers the option to get off a plane that has been stuck on the tarmac for hours, with a four-hour limit initially that would transition to a three-hour limit on January 1, 2011, to give carriers time to adjust their operations. A passenger rights proposal may be closer to passage now more than ever, with organizations like the Business Travel Coalition and the National Business Travel Association giving their support for the passage of such a bill. Senators Barbara Boxer and Olympia Snowe sponsored passenger rights legislation that is currently in the Senate Commerce Committee’s version of the Federal Aviation Administration reauthorization bill, which has yet to be passed. 9/23/09, Andrew Compart, Aviation Daily, http://bit.ly/8Zoor
• Daley downplays FAA violations at O’Hare. Mayor Richard Daley downplayed Federal Aviation Administration violations recently found at O’Hare International Airport as “not very significant,” declaring that none of the violations deal with the safety of people landing or taking off. He also said that he continues to have confidence in Aviation Commissioner Rosemarie Andolino, and that the city is reviewing and dealing with all of the violations. 9/24/09, Dan Blake, Chicago Tribune, http://bit.ly/P1HlV
• Senate passes three-month FAA extension. The Senate passed H.R. 3607, a bill that extends FAA programs and excise taxes through December 31, 2009, and awaits President Obama’s signing the measure into law before the current extension expires at the end of the month. 9/24/09, Aviation News, http://bit.ly/VI87A
• EIS for the CA high-speed train project from Los Angeles to San Diego via the Inland Empire. The FRA and California High-Speed Rail Authority will jointly prepare a project Environmental Impact Statement and Environmental Impact Report for the Los Angeles to San Diego section of the California High-Speed Train System. The preparation of the EIR/EIS will involve developing preliminary engineering designs and assessing potential environmental effects associated with the construction, operation, and maintenance of the High-Speed Train system. Written comments on the scope of the EIR/EIS should be provided to the appropriate authorities by November 20, 2009, or at any of the public scoping meetings scheduled for various cities from October 13, 2009, to November 3, 2009. 9/24/09, TradingMarkets.com, http://bit.ly/2x1bwb
• FAA Associate Administrator of Aviation Safety Peggy Gilligan’s speech at the ABA Air & Space Forum. In a speech at the American Bar Association’s Air and Space Forum, the Federal Aviation Administration’s Associate Administrator of Aviation Safety Peggy Gilligan stated that safety is the “foundation for public confidence” in aviation. She called for cooperation on safety to ensure the long-term global success of aviation and applauded international cooperation for making great strides over the past 60 years. Ms. Gilligan closed her speech acknowledging that the three-pronged approach in global regulation of aviation that includes holding each other to standards, providing assistance when needed, and proactively identifying and addressing risk, enhances safe air transportation around the world. 9/23/09, Peggy Gilligan, http://bit.ly/ijlZJ
• AEA joins NATA in opposing foreign repair station language in FAA reauthorization bill. The Aircraft Electronics Association and National Air Transport Association are contacting members of Congress in opposition to foreign repair station provisions in both the House and Senate versions of the Federal Aviation Administration reauthorization bill. Each of the bills contains a provision that requires additional FAA oversight of foreign repair stations, and could eliminate a reciprocal audit provision of the U.S.-European Community Bilateral Aviation Safety Agreement, unnecessarily raising costs for E.U.-based repair stations. U.S. repair stations could also face high job loss if companies that hold a U.S.-based European Aviation Safety Agency Part 145 repair station certificate lose the reciprocal audit capabilities between the FAA and EASA. 9/28/09, National Air Transport Association, http://bit.ly/INtRv
• California state court rules that FAA Authorization Act preempts CA’s Unfair Competition Law. California Superior Court Judge Elizabeth White held that the Federal Aviation Administration Authorization Act preempted claims against motor carriers brought under California’s Unfair Competition Law and protected motor carriers from state regulations. The federal law, part of the FAA Authorization Act, prohibits states from enacting and enforcing laws that are related to motor carrier prices, routes, or services, and Judge White held that the attorney general’s case, based on the allegation that the defendants had improperly classified drivers as independent contractors rather than employees, would have a significant effect on motor carrier prices, routes, or services. 9/28/09, Truckinginfo.com News, http://bit.ly/3U9Gkg
• Carbon offset kiosks at SFO help air travelers ditch guilt. San Francisco International Airport has partnered with a private company to install self-serve kiosks where passengers can purchase carbon offsets for their flights. Carbon offsets for travel are unregulated, however, so it is unsure if patrons are getting what they pay for as the idea is rather abstract. Travelers input the number of miles their trip will cover, how long it will take, and the number of passengers they plan to buy offsets for, and receive a piece of paper representing a fact that their money went toward a carbon-offset project somewhere or that an emission did not occur somewhere else. Though more certainty about an offset is preferred, Professor Michael Wara of Stanford University believes the program is “better than nothing” and the airport hopes that the kiosks raise awareness about the environmental impact of flying. 9/29/09, Rori Gallagher, National Public Radio, http://bit.ly/1j6nyE

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The House of Representatives Subcommittee on Highway and Transit is planning to start the transportation reauthorization process on June 24, 2009 at 11:00 a.m. EST by marking up the Surface Transportation Act of 2009 (“Act”). House Transportation and Infrastructure Chairman, James Oberstar, has made a proposal which would fundamentally overhaul surface transportation programs drawing on many of the recommendations by a federally mandated Surface Transportation Policy and Revenue Commission as well as on White House policy priorities. The Obama Administration, however, has a completely different political and legislative strategy in mind, causing a public disconnect between leaders of the legislative and executive branches.

First, on a negative note, the Act would consolidate or eliminate 75 existing Federal highway and transit programs including the “Indian Reservation Road Bridges Program,” and “The Public Transportation Participation Pilot Program.

On the positive side, the Act would create a new rail section to promote President Obama’s proposal of a high speed passenger rail network. Also, at the urging of the Administration, Oberstar would create an Office of Livability in the Transportation Department, to link transportation planning to housing and business development. The Act would also overhaul the Transportation Department’s inner workings by creating a position of Undersecretary of Intermodalism. That Undersecretary would help coordinate planning by agencies responsible for different methods of transportation, including the aviation, railroad, transit, highway and maritime administrations, along with Amtrak, the Coast Guard and the Army Corps of Engineers. “It’s an opportunity to restructure all of transportation,” Oberstar said at a briefing Wednesday. “Those modal administrators have not done so much as what we’re doing here - sat around a table, had coffee together - in 40 years. It’s time to do that.”

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