March 12, 2010 - Aviation and Airport Development Updates
March 12, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.
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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St. George Secures Airport Marketing Grant. --- The Spectrum, March 5, 2010
The Federal Aviation Administration has awarded a $100,000 grant to St. George City in Utah for its St. George Airport. The funds will pay for materials and travel dedicated to the effort of attracting a second airline to the airport, which is expected to open with only SkyWest as the sole provider. A recent study shows that only 19 percent of prospective Southern Utah fliers opt for St. George Airport, however, with more than two-thirds heading to Las Vegas.
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Rochester International Airport Receives $407,866 Federal Grant. --- Matt Russell, The Post-Bulletin, March 5, 2010
Rochester International Airport is one of 16 airports in Minnesota to receive funding for maintenance and construction projects. The money will be used for resurfacing work on a taxiway, to purchase additional equipment for an airport fire truck, and to go toward an improved airport de-icing area to better handle storm water runoff. The 16 airports received a total of $5 million in grants from the Federal Aviation Administration Airport Improvement Program.
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Miller, Airport Counsel at Odds. --- Ted Jackovics, Tampa Tribune, March 6, 2010
Tampa International Airport Director Louis Miller yelled at an airport lawyer for making recommendations about doing business in public. Mr. Miller’s last day as director was Thursday, March 4, after 14 years as head of Tampa International. The past three months have seen “contentious public exchanges” between Miller and new members of the aviation authority board, including issues about how the airport conducted requests for zoning variances for buildings that could affect flight operations and whether staff reviews for airport project bids were given proper public notice.
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Gary Airport Gets $5 Million Federal Grant to Extend Runway. --- Chicago Sun-Times, March 6, 2010
Gary/Chicago International Airport in Illinois received its fifth installment of federal funding to support airport expansion efforts in a $5 million grant to go toward the airport’s runway-extension project. The project will expand the airport’s runway from 7,000 to 8,000 feet, and is part of Gary Airport’s continuing effort to become a third option for local travelers.
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9 Maine Airports Receive FAA Grants. --- Associated Press, March 6, 2010
Nine Maine airports will receive over $4.5 million in federal grants from the Federal Aviation Administration, with Bangor International Airport to receive the biggest amount--$2.5 million–to make improvements to its cargo apron. For the other airports the money will go toward snow-removal equipment, construction, weather-reporting equipment and planning.
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FAA Meets With Driggs City Officials and Airport Users. --- Mike Polhamus, The Kathryn Report, March 6, 2010
Federal Aviation Administration representatives met with Driggs, Idaho city staff, airport board members, and airport users to ask their help in drafting a new nationwide through-the-fence policy. The agency’s current through-the-fence policy led the city last year to withdraw permission from several local subdivisions that would have allowed homes built with aircraft hangars and runway access, resulting in at least one lawsuit against the city. The local attendees’ comments at the meeting concerned what they felt was an unfair FAA policy disallowing airport access to residences, and they also feel that the policy was adopted in a way that punished small, exemplary airports like Driggs-Reed Memorial for the mistakes of others.
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FedEx Ally Blocks Aviation Measure in Fight with UPS. --- John Hughes, BusinessWeek, March 6, 2010
Senator Bob Corker from FedEx Corp’s home state of Tennessee said he will block legislation funding the Federal Aviation Administration because a provision may be added later that would make it easier for workers at the company to join unions; his action extends a years-long fight in Washington between the mostly non-union FedEx and its unionized rival UPS. Lawmakers can overcome objections from individual lawmakers with 60 votes, but that process can take several days.
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More articles on this topic:
Corker and Alexander Place Hold on Aviation Funding Bill to Prevent FedEx Drivers From Unionizing. --- Pat Garofalo, Think Progress, March 8, 2010
Senators Bob Corker and Lamar Alexander, both of Tennessee, have expressed disapproval of the controversial FedEx provision over how workers at both companies should be treated under U.S. labor laws. Corker, Alexander, and FedEx characterize the change as “singling out” FedEx, but it would instead be leveling the playing field between FedEx and other shipping companies when it comes to unionizing. A UPS spokesman said the change should be made because all drivers in the country doing the same job should be treated by the same law.
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Corker Catches Heat for Hold on FAA Reauthorization Bill. --- Bartholomew Sullivan, The Commercial Appeal, March 10, 2010
Families of victims of last year’s plane crash near Buffalo, New York are blaming Senator Bob Corker’s intervention on behalf of FedEx for a potential delay in passing higher safety standards in the Federal Aviation Administration reauthorization bill currently before the Senate. Senator Corker has placed a hold on the bill until he can be assured that the controversial FedEx provision will not be included in the final legislation. A House version of the bill contains some higher pilot training standards, and the families criticized Senator Corker for using “a political move for a large corporation” at the expense of public safety.
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U.S. Senator Bob Corker Releases Hold on Controversial FAA Reauthorization Act. --- Bartholomew Sullivan, The Commercial Appeal, March 10, 2010
Tennessee Senator Bob Corker released his hold on the Federal Aviation Administration reauthorization bill since it appeared that the FedEx provision, which would make it easier for FedEx employees to unionize, would not be included in the final Senate legislation. A spokesman for Representative James Oberstar of Minnesota, the “champion” of the language to which FedEx objects, said he is not aware of any deal that would remove the provision from future consideration and said Mr. Oberstar would not give up that easily.
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Flight Attendants Union Wants Combat Training. --- Hugo Martin, Los Angeles Times, March 6, 2010
The Association of Flight Attendants has been lobbying Congress for the last month or so to adopt its strategy for stronger counter-terrorism measures, hoping that lawmakers will include money to put some of their ideas into action under the upcoming Federal Aviation Administration reauthorization bill. The group wants to implement a four-point plan: institute mandatory hand-to-hand combat training for all crew members, equip flight attendants with portable communications devices so they can speak to the pilots during emergencies, standardize the size of carry-on luggage so flight attendants can look for suspicious passengers instead of struggling with oversize bags, and shut down onboard wireless Internet during high-threat periods to prevent terrorists from communicating with collaborators on the ground. A representative for the association said it has not come up with a price tag for the changes and is not seeking raises for flight attendants as part of the deal, but instead just wants “more tools to make the plane safer.”
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DOT Fines US Airways for Violation of Price Advertising Rules. --- Department of Transportation, March 8, 2010
The U.S. Department of Transportation assessed a $40,000 civil penalty against US Airways for violating rules that require airline price advertisements to disclose the full price consumers must pay for air transportation. The Department’s Aviation Enforcement Office found that when consumers searched the carrier’s website for one-way flights sorted by schedule, US Airways provided a set of fares that did not include additional applicable taxes and fees, or any notice on that page that these additional charges would be required. The DOT’s requirements for Internet advertising displays state that the full fare must either be listed on the first screen that provides fare quotes, or the existence of additional government-imposed per-passenger charges must be prominently disclosed with a hyperlink that takes consumers to a page that describes the additional charges.
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JetBlue, Delta Ask Exemptions from DOT Tarmac Rule. --- Samantha Bomkamp, Associated Press, March 9, 2010
JetBlue and Delta want temporary exemptions from a new government rule that limits the amount of time passengers can be held on the tarmac, saying delays caused by the closure of the main runway at New York’s JFK Airport could cost them millions in fines. The Department of Transportation’s new rule goes into effect April 29, and orders airlines to let passengers off planes delayed for three hours or face hefty fines. JetBlue and Delta are the biggest operators at JFK, an airport that was among the worst in the nation for delays last year.
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Latest NextGen Implementation Plan. --- Federal Aviation Administration, March 2010
The Federal Aviation Administration has released its Implementation Plan for the Next Generation Air Transportation System (NextGen). The Plan lays out the agency’s vision for the NextGen system now and into the mid-term, which is defined as 2012-2018, and further identifies the goals the agency has set for technology and program deployment and the commitments it has made in support of that vision.
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FAA Air Traffic Forecast Predicts More Crowding, Smaller Fare Hikes. --- Jon Hilkevitch, Chicago Tribune, March 9, 2010
The Federal Aviation Administration said passengers on U.S. airlines will pay relatively small increases in airfares over the next 20 years, but should expect more flights crowding the nation’s busiest airports. The FAA also said it will now take until 2023 for there to be more than 1 billion passengers traveling by air in a year, modest annual growth from the 704 million passengers carried in 2009 by U.S. airlines.
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More articles on this topic:
Weak US Airline Travel Eases Pressure on FAA. --- Reuters, March 9, 2010
Federal Aviation Administration officials said ongoing efforts by airlines to cut seats and flights will ease pressure on the U.S. air traffic system in 2010, forecasting a 2.2 percent annual decline in takeoffs and landings by mainline and regional airlines this year. Airlines are flying fuller and larger planes to control costs and improve pricing power on fares, and there are few new orders for planes with most orders going to replace planes, not expand operations.
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Forecast Links Aviation Activity and National Economic Growth. --- Federal Aviation Administration, March 9, 2010
The Federal Aviation Administration is forecasting that key airspace safety and efficiency modernization efforts will play a vital role in spurring long-term sustained growth in air travel and the nation’s overall economic health, underscoring the need for the Next Generation Air Transport System and continued investment in airport infrastructure projects.
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FAA Forecast Fact Sheet. --- Federal Aviation Administration, March 9, 2010
The Federal Aviation Administration released a fact sheet with a summary of 2009 economic activity and air travel.
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Horizon Air CEO Weighs In On Whether Wholly-Owned Regionals are Safer. --- The Cranky Flier, March 9, 2010
The CEO of Horizon Air, a wholly-owned regional for Alaska Airlines, said that ownership structure of a regional airline is not directly correlated to safety, but Horizon’s structure and relationship with Alaska Airlines has advantaged the small carrier. Having a common board and single chairman consistently committed to safety has helped in the implementation of structural changes and investments in safety. It is important to note that a major carrier with a strong safety culture would benefit the wholly-owned regional, but that doesn’t mean an independent regional could not have a strong safety culture. Furthermore, a regional that is wholly owned by an airline with a poor safety culture could be negatively impacted.
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Airline On-Time Performance Improves in January. --- Department of Transportation, March 9, 2010
The nation’s largest airlines had a higher on-time performance rate this past January than in both January 2009 and December 2009. The carriers also posted a mishandled baggage rate that was lower than both January 2009 and December 2009's rate.
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U.S. Weighs Aiding Airlines With Air Traffic Upgrades. --- John Crawley, Reuters, March 9, 2010
The White House is looking into helping U.S. airlines meet the costs of modernizing the air traffic control system. Carriers are unhappy with being left out of the U.S. economic stimulus package in 2009, and do not want to be saddled with the bulk of the planned multibillion-dollar upgrade of the air traffic system to one relying on satellites rather than ground-based radar. Airline executives believe the government should cover the basic costs to airlines of air traffic infrastructure, claiming it is in the national interest to maintain a seamless system for air travel.
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Aircraft Icing Danger Remains Unaddressed by Aviation. --- All Things Aviation, March 10, 2010
Aircraft icing has been a top priority for the National Transportation Safety Board since 1997, but it is difficult to understand why the Federal Aviation Administration has taken such a long time to analyze, evaluate, create, and implement solutions that the NTSB has seen as crucial to saving lives and improving flight safety for travelers and pilots.
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Air Traffic Modernization on Congress’ Radar But Funding Isn’t. --- Dave Michaels, The Dallas Morning News, March 10, 2010
The Senate is finally considering the long-stalled Federal Aviation Administration reauthorization bill that would speed the modernization of the air traffic system, but the bill does not resolve who must pay for the technology. The Senate bill mandates that aircraft owners buy the equipment, but does not give them the funding to pay for it. Airlines and private jet owners want taxpayers to fund the gear that would let them benefit from an upgrade to satellite-based navigation.
Crapo, Risch Offer Boise TRACON Amendment to FAA Reauthorization Bill. --- Joe Estrella, Idaho Statesman, March 10, 2010
Senators Mike Crapo and Jim Risch of Idaho have offered an amendment to the Federal Aviation Administration reauthorization bill that would specifically prohibit moving the Boise air traffic control system to Salt Lake City until the Air Traffic Modernization Oversight Board completes its review of the agency’s plans for similar moves nationwide. The FAA has been trying to move the Boise TRACON to Salt Lake City since 2006, asserting that it would save taxpayers $24 million over 25 years.
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Runway Expansion Project Heads into Holding Pattern, to Neighbors’ Relief. --- Jennifer Sorentrue, Palm Beach Post, March 11, 2010
After three years of federal environmental impact study, Palm Beach International Airport managers now say they don’t need a second runway capable of accommodating commercial jets and the plan to build a new commercial runway at the airport has been put on hold indefinitely because of a drop in air traffic. In 2004 more than 199,000 planes flew in and out of PBIA, but last year that number fell to 138,370, and the Federal Aviation Administration’s long-range projections for the airport show the number of take-offs and landings in 2019 will be just over 165,000. The airport will not begin the runway project until more analysis is completed and the need is justified.
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FAA Ordered to Pay Air Carrier More Than $121,000 for Attorney Fees and Expenses. --- Airline News Resource, March 11, 2010
The National Transportation Safety Board has ordered the Federal Aviation Administration to pay more than $121,000 in attorney fees and expenses to Air Trek, Inc., a Florida-based air ambulance operator. The FAA issued an emergency order revoking Air Trek’s air carrier certificate on June 10, 2008, and following a nine-day hearing, an Administrative Law Judge modified the sanction from revocation to suspension, while by the fourth day of the hearing, the FAA attorney withdrew half of the charges leveled against Air Trek without explanation. The Administrative Law Judge accordingly found that the FAA proceeded “without substantial justification” and lacked the evidence to sustain its burden of proof.
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Senate Seeks to Boost Regional Airline Safety. --- Joan Lowy, Associated Press, March 11, 2010
The Senate is pushing to strengthen pilot training and hiring requirements in the Federal Aviation Administration reauthorization bill currently being considered. The bill would require airlines to look at all of a pilot’s records and require the FAA to beef up airlines’ pilot training programs, as well as mandate that the FAA administrator must perform surprise inspections of regional airlines at least once a year. These provisions are being pushed for in an effort to improve the safety of regional airlines, a problem exposed after last year’s air crash near Buffalo, New York that killed 50 people.
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Tompkins Airport Receives $336,300 FAA Grant. --- Ithaca Journal, March 11, 2010
Ithaca-Tompkins Regional Airport in New York has received a $336,300 grant from the Federal Aviation Administration to expand the general aviation apron and install obstruction light towers. In 2009 the airport had a 30 percent increase in boardings over 2008.
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Guam Airport Gets $7.7 Million in Federal Grants. --- PacificNewsCenter, March 12, 2010
The Guam International Airport Authority has been awarded three separate grants totaling more than $7.7 million. The funds from the Federal Aviation Administration will be used for the design and extension of runway 06L/24R, and for the relocation and installation of a new precision instrument land system on that runway. The extension of the runway will allow Guam International Airport to accommodate larger and more long-range aircraft.
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Airport Authority Seeks Grant to Update Bird-Strike Defense. --- Ed Marcum, Knoxvillebiz.com, March 11, 2010
The Metropolitan Knoxville Airport Authority of Tennessee has voted to seek a federal grant to reduce the threat from birds to aircraft using McGhee Tyson Airport. The Airport Authority will apply for a $105,000 Federal Aviation Administration grant, which would allow the Authority to have a wildlife biologist do an assessment of what bird species are in the area of the airport, whether the species are likely to pose a problem, whether there have been any changes in natural habitats that could lead to problems and other issues, and then make recommendations on reducing hazards.
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ColumbiaCountyAirport Gets Federal Grant for Equipment Upgrades. --- Mid-Hudson News Network, March 12, 2010
Columbia County Airport in New York has received a $589,000 grant from the Department of Transportation and Federal Aviation Administration funding. The grant will pay for the installation of weather reporting equipment and to rehabilitate the south apron at the airport.
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U.S. Senator Grassley: Nearly $7 Million to Iowa Airports. --- IowaPolitics.com, March 11, 2010
Senator Chuck Grassley of Iowa announced Thursday, March 11 that the Federal Aviation Administration has awarded five grants totaling nearly $7 million to Iowa airports. The funds will facilitate various airport improvement projects, like the rehabilitation of a runway at The Eastern Iowa Airport.
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Chicago Executive Airports Noise Exposure Map Approval and Noise Compatibility Program Review. --- Federal Register, March 12, 2010
The Federal Aviation Administration announced its determination that the noise exposure maps submitted by the Chicago Executive Airport Board of Directors for Chicago Executive Airport are in compliance with applicable requirements. The FAA also announced that it is reviewing a proposed noise compatibility program that was submitted for Chicago Executive Airport, and that the program will be approved or disapproved on or before October 1, 2010.
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