March 5, 2010 - Aviation and Airport Development Updates

Posted on March 5, 2010 by Chevalier, Allen & Lichman, LLP

March 5, 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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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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AAAE Urges Airport Provisions in FAA Bill. --- Aviation News Today, February 26, 2010
The American Association of Airport Executives is calling on Senate leaders to endorse a number of airport-related provisions in the upcoming Federal Aviation Administration reauthorization bill. The provisions would enhance aviation safety, increase capacity, improve small community air service, and save or create much-needed jobs.
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Runway Improvements Planned for PalomarAirport. --- SanDiego6.com, February 24, 2010
McClellan-Palomar Airport in Carlsbad, California will close alternating weeks starting April 25, when work will begin to replace the 5,000-foot-long runway. Testing found that the supporting soils under the existing runway and the pavement surface are deteriorating. The $7.9 million cost of the project will be covered by Federal Aviation Administration funds.
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Airport Leaders Describe Plan to Allow For More Private Jets. --- Stephen Baxter, Community Neighborhoods, February 24, 2010
Airport officials at Mineta San Jose International Airport in California plan to ask the San Jose City Council to change the airport’s master plan and allow for the transformation of more space for private jets. Residents who live near the flight path express concern about noise, but private planes are often quieter than commercial jets, and certain loud activities could be restricted to specific operating hours.
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Somerset Windmills Would Not be Aviation Hazard, Feds Say. --- Don Hopey, Pittsburgh Post-Gazette, February 25, 2010
The Federal Aviation Administration issued a “determination of no hazard” January 21, 2010 for the proposed Gamesa Energy USA wind energy project that would put 30 windmills atop an ecologically sensitive ridge on Shaffer Mountain in Somerset County, Pennsylvania. Studies found the structures would not exceed obstruction standards or adversely impact air space and flight routes above the ridge. Local groups oppose the project because its proposed location places it in the watershed of two of the state’s highest quality native trout streams and on a major bat and bird migratory route.
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FAA Approves Wind Farm. --- Kathy Mellott, The Tribune-Democrat, February 25, 2010
Two months after voicing concerns that the proposed Shaffer Mountain Wind Farm would potentially create problems for local airports, the Federal Aviation Administration is giving its OK to the project. The only conditions set forth by the agency are that the proposed turbines must be marked and lit in accordance with FAA requirements, including white paint and synchronized red lights. The project has been delayed at the state level as the Gamesa, the energy company behind the plans, is seeking approval from the Department of Environmental Protection for a National Pollution Discharge Elimination System permit. Ray Jennings, manager of nearby single-runway Bedford County Airport, is also frustrated because he says the location of some of the turbines could force aircraft taking off from the airport to fly 400 to 500 feet higher than at present.
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U.S. Airline Pilots Skipping Sleep Targeted in FAA Data Search. --- John Hughes, Bloomberg, February 25, 2010
After last year’s plane crash near Buffalo, New York raised fatigue concerns, the Federal Aviation Administration will ask carriers to examine voluntary safety reports by flight crews to see how often pilots skip sleep the night before a flight. The agency has already asked the industry to restrict pilot commutes, because the risk of fatigue may be boosted by major carriers’ increasing use of regional jets with low-paid pilots who can’t afford motel rooms.
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AOPA: Why the User Fees Battle Isn’t Over. --- Glenn Pew, AVweb, February 25, 2010
The Aircraft Owners and Pilots Association says the user fees battle isn’t over, because the country’s fiscal woes and the Federal Aviation Administration’s shrinking general fund could lead legislators to seek alternate forms of funding, like user fees. The FAA reauthorization bill has not made it past the Senate, either, and user fees could be incorporated into that bill or through other legislative means.
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Airport to Seek Appropriation for Terminal. --- David Still, The Barnstable Patriot, February 26, 2010
Barnstable Airport in Massachusetts hopes to see its over-$21 million appropriation order for a new terminal on the docket for its March 4 meeting with the Barnstable Town Council. Airport Manager Bud Breault says the airport can show completion or progress on each of the 19 conditions placed by the town council in September 2007 that had to be satisfied before any funding request would be recommended. The Barnstable Municipal Airport Commission is planning to cover the cost through expected state funds, airport reserve money, a town-backed general obligation bond, and stimulus funds, and even has surplus land that it could sell if necessary.
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Expiration of Funds Leads to Rush on Runway. --- Christine Cullen, OceanCity Today, February 26, 2010
Ocean City in Maryland is rushing to reconfigure a runway at Ocean City Municipal Airport, to prevent losing $2.8 million from an account dedicated to airport improvements. The city will have to remit that money to the federal treasury if it is not used by December 2011.
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Court Rules Against Long-Term Protection of Aircraft Tail Numbers. --- Mike Mitchell, AvStop.com, February 28, 2010
A United States District Court judge has ruled that a list of private aircraft, whose aircraft tail numbers are blocked from the public view, must be released under the Freedom of Information Act. The National Business Aviation Association sued the Federal Aviation Administration to prevent it from releasing a blocked list to ProPublica, Inc., an independent, nonprofit organization that produces investigative journalism in the public interest. Anyone can go to the FAA website and look up an aircraft registration, but there are a select few who wish to keep their aircraft tail numbers anonymous, like corporations.
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Court Upholds Release of Corporate Jets List Sought by ProPublica. --- Michael Grabell, Herald de Paris, February 27, 2010
ProPublica will be able to obtain a list of which companies have been seeking to block their planes after a federal district judge ruled that the list should be made available under the Freedom of Information Act. Companies sometimes request that their flights and tail numbers be kept secret to protect the security of their executives and to prevent disclosure of business trips that could affect stock prices or give competitors an edge about potential deals. ProPublica has been seeking the list ever since the CEOs of the “Big 3" automakers flew to Washington, D.C. on corporate jets to ask Congress for financial help.
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Aviation Industry Jobs Entail More than Just Airlines. --- Nathan Phelps, The Northwestern, February 28, 2010
One of the biggest misconceptions about the aviation industry is that everyone must work for an airline. The industry extends well beyond the cockpit and hands-on jobs with aircraft to a number of other specialties like human resources, accounting, information systems, and marketing. The aviation industry is a business, and a compelling one at that, accounting for more than $1.2 trillion in economic activity in the U.S. in 2008, as well as being a much “bigger world” than just becoming a pilot or just working for an airline.
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Dassault Falcon Jet Joins EPA Partnership, Pledges Mercury and Lead Reduction. --- Environmental Protection Agency, March 1, 2010
Dassault Falcon Jet has partnered with the Environmental Protection Agency National Partnership for Environmental Priorities to set goals to eliminate mercury containing devices throughout its Completion and Service operations. The company is also in the process of identifying a viable replacement for lead plate utilized as ballast during initial “ferry” flight operations of Falcon business jets between France and the U.S. The NPEP is a voluntary program with 266 members from private and public organizations committed to the reduction, reuse, or recycling of 31 priority chemicals, long-lasting substances that can build up in the food chain and cause harm to humans and the environment.
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D.C. Circuit Court of Appeals Sends Pasternack v. NTSB and FAA Back to Agency. --- Leagle, February 26, 2010
The D.C. Circuit Court of Appeals granted Fred Pasternack’s petition and remanded it to the National Transportation Safety Board for further proceedings. The Federal Aviation Administration revoked Mr. Pasternack’s airman certificates because he refused to take a mandatory drug test, and the NTSB upheld the revocation order, but the Court vacated the Board’s decision on the ground that a key finding on which the Board relied was not supported by substantial evidence.
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Taxes and Fees Grow for Air Travelers. --- Susan Stellin, The New York Times, March 1, 2010
Governments are increasingly turning to travelers to raise revenue in lean times, and there is little oversight over how the money is spent. Taxes and fees are small individually but can add up to a significant share of the price of a ticket. Carriers have been lobbying against proposals to increase these fees, but international travelers will likely feel the pinch most as governments around the world have increased passenger fees to pay for security, airport improvements, customs inspections, tourism promotions, and environmental concerns.
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TradeWind Energy Approved to Install 100-Meter Met Tower in Indiana. --- North American Windpower, March 2, 2010
Kentucky-based TradeWind Energy has received approval from local authorities to build a 100-meter meteorological tower in Pleasant Township, Indiana. The tower would be the fourth such tower erected by the project developer at project sites under development in the Midwest. Because of its height, however, it will require a Federal Aviation Administration permit.
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Hartsfield Airspace Plan Adjusted, More Changes Possible. --- April Hunt, The Atlanta Journal-Constitution, March 2, 2010
The Federal Aviation Administration adjusted its proposal for how planes come in and out of Hartsfield-Jackson International Airport in Atlanta, Georgia, by changing the airspace above nearby Covington Municipal Airport. The proposed change removes the airspace above the Covington Airport from its Class B proposal, meaning an aircraft flying in and out of that airport would not be required to contact air traffic control. The change comes after concerns that pilots would abandon Covington because of the new restrictions, but the region’s smaller airports will be impacted with their planes being forced to fly lower and for longer.
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Wind Farm Proposed for PoorMountain in RoanokeCounty. --- WDBJ7.com, March 2, 2010
Invenergy, a private company, announced that it wants to build an electricity-generating wind farm on Poor Mountain in Roanoke County, Virginia. The project would set 15 turbines on about 2,000 acres of land and produce enough electricity to power approximately 8,000 households. The company says it will begin the permitting process soon by filing a hazard evaluation report with the Federal Aviation Administration, and the project will also have to be cleared by the State Corporation Commission and Roanoke County.
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Senator Grassley Announces FAA Grant for Sioux Gateway. --- Lynn Zerschling, Sioux City Journal, March 2, 2010
Senator Charles Grassley of Iowa announced that Sioux Gateway Airport will receive nearly $395,000 from the Federal Aviation Administration to help pay to install guidance signs, which will improve safety and efficiency of the airport. Sioux Gateway is one of six Iowa airports to be awarded $2.32 million in federal funds.
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South Bend, LaPorte Airports Among Federal Grant Recipients. --- South Bend Tribune, March 2, 2010
Seven Indiana airports, including South Bend Regional Airport, LaPorte Municipal Airport, and Starke County Airport, will receive Federal Aviation Administration grants totaling over $5 million.
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FAA Plans to Move Radar From WillardAirport in 2014. --- Michael Maione, Daily Illini, March 3, 2010
The Federal Aviation Administration plans to move the radar control rooms in the air traffic control tower at Willard Airport in Champaign, Illinois to its facilities in Elgin, Illinois, by 2014. The FAA cited the need for an updated tower as the impetus as the change, and said that putting the radar in one centralized location can save taxpayer money. The air traffic controllers union, the National Air Traffic Controllers Association, and even pilots have presented objections or concerns about the plan.
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Kid Directs Traffic at NY’s JFK Airport. --- CBS News, March 3, 2010
The Federal Aviation Administration is investigating how a child was allowed to direct air traffic at New York’s John F. Kennedy International Airport. The first incident being investigated occurred February 16, when a boy was allowed to make at least five transmissions to commercial jets. The same air traffic controller also brought a different child, presumably his own, into the tower the following night.
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AA Flight Attendant Talks Continue Around the Clock. --- Scott Friedman, NBC DallasFort Worth, March 3, 2010
The union that represents American Airlines flight attendants continued around-the-clock meetings with airline management and federal mediators in Washington, D.C., on Wednesday, the last day of scheduled negotiations. If an agreement is not reached this week, the union has said it may ask to be released from federal mediation, a move that would trigger a 30-day cooling-off period and could lead to a strike.
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AA, Flight Attendants End Talks With No Deal, Talk of Strike. --- Scott Gordon and Scott Friedman, NBC DallasFort Worth, March 4, 2010
Leaders of the Association of Professional Flight Attendants accused American Airlines of “walking out” of the contract negotiations talks in Washington on Wednesday and said they would discuss setting a strike vote this weekend. Airline managers countered that they did not walk out of the talks and concluded them at the end of business on Wednesday as scheduled, and said the airline looks forward to continuing to bargain when the federal mediators establish the next round of dates. The union announced that it would seek to be released from mediation.
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FAA Tells Dartmouth to Lower Height of South Turbine by 5 Feet. --- Curt Brown, SouthCoast Today, March 5, 2010
The Federal Aviation Administration has ordered the town of Dartmouth, Massachusetts to lower the height of its 462-foot south turbine by 5 feet, saying its proposed height presents a hazard to aviation at New Bedford Regional Airport. The agency said the maximum allowable height for the south turbine is 457 feet, and in an earlier decision found the town’s planned north turbine was also a hazard to aviation and set its tallest allowable height at 417 feet. The chairman of the town’s Alternative Energy Committee said the town’s engineers will conduct ground surveys and file new applications with the FAA for both the north and south turbines.
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Wind Farms Run Into Turbulence with the FAA

Posted on January 25, 2010 by Chevalier, Allen & Lichman, LLP

With the current emphasis on “renewable energy” and sustainability, along with a healthy dose of federal funding, many companies have been developing plans for wind farms to help move this nation from the grip of over-reliance on petroleum products for its energy needs. While barriers to their construction are not new, with wind turbine companies fending off Endangered Species Act lawsuit (endangered bats running into blades) and other environmental issues, the FAA recently raised an additional issue: obstruction to aviation.

On Wednesday, January 6, 2010, the FAA found that 15 of Gamesa’s proposed 30 wind turbines for Shaeffer Mountain in Somerset County, Pennsylvania, exceed “obstruction standards and/or would have an adverse physical or electromagnetic interference effect” on the airspace above the ridge or nearby airports and flight routes. Two days later, on Friday, January 8, 2010, the FAA ruled that one of the two wind turbines proposed for the Dartmouth, Massachusetts owned land is a hazard to air traffic and must be lowered. 

The FAA may have learned its lesson, since back in April, 2008, it was told to go back to the drawing board with its “Does Not Exceed” determinations for a proposed wind farm above a proposed airport just south of Las Vegas in Ivanpah, Nevada. Clark County v. FAA. There, the court determined that the FAA’s findings flew in the data that the 400 ft towers would penetrate the FAA’s 40:1 slope and that 83 turbines would appear as a “fleet of jumbo jets” to the air traffic controllers.

It may be prudent, then, to review the process established by the FAA for determining if an object will be considered to be an “obstruction.”

Notification

Part 77 of the Federal Aviation Regulations (14 C.F.R., Part 77) establishes standards and notification requirements for objects affecting navigable airspace. This notification serves as the basis for:

  • Evaluating the effect of the construction or alteration on operating procedures
  • Determining the potential hazardous effect of the proposed construction on air navigation
  • Identifying mitigating measures to enhance safe air navigation
  • Charting of new objects.

Notification allows the FAA to identify potential aeronautical hazards in advance thus preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace.

Contents of Notification

In particular, § 77.13 provides when the FAA needs to be notified of the “construction or alteration” of an object:

  • Any construction or alteration exceeding 200 ft above ground level
  • Any construction or alteration
    • within 20,000 ft of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.
    • within 10,000 ft of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
    • within 5,000 ft of a public use heliport which exceeds a 25:1 surface
  • Any highway, railroad or other traverse way whose prescribed adjusted height would exceed that above noted standards
  • When requested by the FAA
  • Any construction or alteration located on a public use airport or heliport regardless of height or location

Persons failing to comply with the provisions of FAR Part 77 are subject to Civil Penalty under Section 902 of the Federal Aviation Act of 1958, as amended and pursuant to 49 U.S.C. Section 46301(a).

FAA Determination

Once the FAA has completed an aeronautical study, a determination is made regarding the impact to air navigation. One of three responses is typically issued:

  1. No Objection - The subject construction did not exceed obstruction standards and marking/lighting is not required.
  2. Conditional Determination - The proposed construction/alteration would be acceptable contingent upon implementing mitigating measures (Marking & Lighting, etc.)
  3. Objectionable - The proposed construction/alteration is determined to be a hazard and is thus objectionable. The reasons for this determination are outlined to the proponent.

If at any time during the aeronautical study, the proposed alteration is determined to be a hazard, the study is halted with no further consideration and an objectionable determination is issued.

After the Determination, Then What?

The real issue comes after the FAA has made its determination. By congressional mandate, the FAA cannotprohibit any construction activities. Instead, the FAA evaluates the proposed construction, and as necessary, works with the proponent to mitigate any impact that may result, even if it finds the obstruction to be a hazard and to be objectionable. A good case in point, again, comes from Las Vegas, where the Stratosphere Tower, completed in 1996, and the second-tallest structure west of the Mississippi River. When the Stratosphere was proposed, the FAA said it would present a hazard for air traffic control. But the tower was built anyway. And now, air traffic controllers account for the Stratosphere when guiding incoming and outbound traffic using Las Vegas McCarran’s north-south runway.

Instead, to make up for the lack of veto power, the FAA depends on collaboration with local jurisdictions to reduce conflicts between new structures and airspace. However, many local jurisdictions are loathe to enact laws that would restrict the height of buildings, even around airports due to fear of a “takings” lawsuit.
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January 11, 2010 - Aviation and Airport Development Updates

Posted on January 11, 2010 by Chevalier, Allen & Lichman, LLP

 

January 11, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past two weeks.  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.

Climate Deal on Ships and Planes Seen Slipping Away. --- Pete Harrison, Reuters, December 16, 2009
Climate negotiators in Copenhagen said they are a long way from agreeing on emissions caps for shipping and aviation, which jointly produce 8 percent of the world’s climate-warming emissions. The two industries have called for aggressive carbon-cutting goals, but the climate talks were bogged down over technicalities. Negotiators are disagreeing over the most basic of questions, including whether targets should be set in Copenhagen or by the two United Nations bodies that oversee the sectors.
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Port Columbus Will Get $90.5 Million for New Runway. --- Marla Matzer Rose, The Columbus Dispatch, December 17, 2009
The Federal Aviation Administration awarded a $90.5 million grant to Port Columbus in Ohio, to help pay for the construction of a new south runway expected to open in 2013. Passenger numbers were down at both Port Columbus and nationally for 2009, but the Columbus Regional Airport Authority is expecting to see activity levels rebound and grow over time. The airport plans to pay for the rest of the project, estimated at $160 million total, from a $4.50 per person passenger facility charge.
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FAA Reports Receipt of Noise Compatibility Program Update and Request for Review for ModestoCity-CountyAirport. --- Federal Register, December 18, 2009
The Federal Aviation Administration announced that it is reviewing a proposed noise compatibility program update that was submitted for Modesto City-County Airport in Modesto, California. The proposed noise compatibility program update will be approved or disapproved on or before June 6, 2010.
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FAA Could Be Player in Airport Closure Battle. --- Cindy Leise, The Chronicle-Telegram, December 18, 2009
Lorain County commissioners have been debating closing Lorain County Regional Airport in Elyria, Ohio as they meet to approve a 2010 budget. The closure of the airport could result in a lawsuit, however, as the Federal Aviation Administration has given Lorain County millions of dollars over the years and expects the airport to remain open. The county commissioners are exploring options to keep the airport open while discussing closure.
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Transit, Airport Changes Coming January 15. --- Cindy Leise, The Chronicle-Telegram, December 29, 2009
Lorain County commissioners plan to close Lorain County Regional Airport in Elyria, Ohio on January 15, and possibly eliminate some transit routes. Commissioners cut their $500,000 of support for transit and are working to bring in extra federal money, but the county does not yet know how much might be forthcoming and cannot solidify plans at this time. Johnson Aviation Co., which sells fuel at the airport, has retained an attorney to challenge whether the county can eliminate financial support for the airport and close it. There is no word yet from the Federal Aviation Administration as to what action is planned to prevent a closing.
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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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U.S. Airlines Must Let Passengers Off Stuck Planes. --- John Hughes, Bloomberg, December 21, 2009
Under a new federal rule, U.S. airlines must let passengers off planes that are stuck on airport tarmacs after three hours, as well as provide drinking water and snacks after two hours. Airlines that don’t comply could face fines of up to $27,000 a passenger. Carriers oppose the standard, because they believe it will lead to more canceled flights and greater passenger inconvenience. Though the rule applies only to domestic flights, those flights would be exempt if pilots cite safety or security concerns, or if air-traffic controllers determine that returning a plane to the gate would disrupt airport operations.
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New DOT Consumer Rule Limits Airline Tarmac Delays, Provides Other Passenger Protections. --- Department of Transportation Press Release, December 21, 2009
The new Department of Transportation consumer rule limiting airline delays will significantly strengthen consumer protections. DOT Secretary Ray LaHood said that “airline passengers have rights,” and that the new rules will require airlines to live up to obligations to treat their customers fairly. The rule was adopted in response to the high incidence of flight delays and other consumer problems.
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DOT’s 3-Hour Limit on Tarmac Delay Holds - Does It Help or Will Just Make Things Worse? --- Steven Taber, Aviation & Airport Development Law, December 22, 2009
The Department of Transportation’s new rule governing passengers’ treatment for delayed flights enhances passenger protections, but could make things worse in terms of consumer friendliness. Airlines might cancel flights instead of having them wait, for example, and the rule might actually limit passengers’ legal remedies.
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FAA Reminds Employees to Act With Decorum. --- Associated Press, December 22, 2009
Hidden television news cameras showed Federal Aviation Administration employees partying while they were in Atlanta for a $5 million training program, prompting the FAA to remind its employees to act with decorum. The footage showed some of the employees drinking heavily and going to local bars after the meetings.
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Few Aviation-Related Injuries Involve Commercial Craft, Data Show. --- Nicholas Bakalar, The New York Times, December 21, 2009
Researchers analyzing data from 2000 through 2006, gathering information on crashes, parachuting accidents, and other injuries found that more than 1,000 people are hospitalized for aviation-related injuries, with only one-tenth of them passengers in commercial aircraft. The military services established effective surveillance systems to track aviation injuries, but the sources of information on nonmilitary injuries is not as complete.
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FAA Accepts Luis Munoz Marin Airport In Privatization Program. --- Wall Street Journal, December 23, 2009
The Federal Aviation Administration accepted a preliminary application from Puerto Rican airport officials to enter Luis Munoz Marin International Airport into the agency’s airport-privatization program. Puerto Rico can now begin soliciting bids from private investors who may be interested in operating the airport.
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Airlines Turn to Biofuel.

--- Sarah Nassauer, Grace L. Williams, and Angel Gonzalez,

Wall Street Journal

, December 24, 2009

 

Fifteen major airlines and air-cargo companies are negotiating to buy billions of gallons of fuels made from vegetable oil, coal, and petroleum coke, a petroleum-refining byproduct. The fuel has a smaller carbon footprint than petroleum, and the Federal Aviation Administration recently approved use of this type of fuel in commercial flights when blended equally with traditional jet fuel. However, though these fuels burn more cleanly than traditional jet fuel, there is only a “small reduction” of emissions over the life cycle of the product.


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Court Nixes Defense in FAA Squatting Case. --- Annie Youderian, Courthouse News Service, December 28, 2009
The Court of Federal Claims granted a motion striking one of the government’s defenses in a rental property dispute after the Federal Aviation Administration admitted that it kept operating an aircraft guidance station on leased property in Mississippi after its lease expired.
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D/FW Airport Gets $2.3 Million to Rehab One of Its Main Runways. --- Andrea Ahles, Sky Talk, December 29, 2009
Dallas/Fort Worth International Airport in Texas will receive $2.3 million in federal stimulus dollars for a runway rehab program. Construction on the project is expected to start soon and will include the rehabilitation of concrete slabs and joint repairs on the 13,400-foot runway. The project is one of 360 airport-related projects being given $1.1 billion in funds from the American Recovery and Reinvestment Act.
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AA Mechanics Lobby Congress: Union Officials Say Unsupervised Offshore Airline Maintenance Facilities May Pose Safety Risks. --- D.R. Stewart, Tulsa World, December 16, 2009
U.S. airline mechanics are lobbying Congress to require more oversight of foreign repair stations, citing lax security and the absence of drug and alcohol testing. Many U.S. carriers have tried to cut costs by outsourcing aircraft maintenance to domestic and foreign providers, and the Federal Aviation Administration does not properly supervise the foreign maintenance.
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10,000 Tasks Later, Delta Merger Complete. --- United Press International, December 29, 2009
The Federal Aviation Administration has been reviewing the merger between Delta and Northwest Airlines and a spokeswoman said it is ready for an official stamp of approval. The regulatory review included scrutiny of the merger from the point of view of safety, including operations, training, policies, and paperwork.
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Wind Turbine Rises Up at Major Vermont Airport. --- Nino Marchetti, Earth Techling, December 30, 2009
A 100-foot wind turbine has been installed at Burlington International Airport in Vermont, a first in the United States. In conjunction with a 25kW solar electric system and a solar hot water system, the combined energy products will reportedly offset approximately $14, 600 in energy costs each year and produce enough energy to power over 40 Vermont homes. The wind turbine installation underwent intense scrutiny from the Federal Aviation Administration before it was given the green light.
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FAA and Taxpayers Prop Up Small, Little-Used Airports. --- Thomas Frank, USA Today, December 31, 2009
A USA Today analysis shows that the Federal Aviation Administration has given $240 million to upgrade airports owned by businesses and used exclusively for private airplanes. Most airports that get federal grants are owned by cities or counties, while this money has aided about 50 privately owned airports. The FAA responded that the privately funded airports benefit the public by providing landing areas for private airplanes that would otherwise congest nearby commercial hubs, but is considering more stringent policies.
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O’Hare to Get Body Scanners. --- Mary Wisniewski, Chicago Sun-Times, December 30, 2009
O’Hare Airport in Chicago, Illinois will be getting body-scanning security equipment sometime this year, raising concerns with privacy advocates who worry that the equipment would interfere with passengers’ rights. Billie Vincent, former head of security for the Federal Aviation Administration and Chicago Aviation Commissioner Rosemarie Andolino both said such scanners are overdue and necessary for O’Hare. The technology can reveal plastic or chemical explosives and even non-metallic weapons.
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Airpark Arouses Interest of Lawmakers.
U.S. Senators Ron Wyden and Jeff Merkley and U.S. Representative Kurt Schrader sent a collective letter to the Federal Aviation Administration seeking clarification of a recent FAA memo addressing “Through The Fence” agreements. The memo indicated that the FAA was opposed to such agreements and that public airports not in compliance with TTF rules could forfeit federal funding. The legislators wrote to the FAA to ask what the memo would mean to Independence Airpark and any TTF agreements it currently has with the Oregon Department of Aviation and the FAA.
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FAA Watching American After December Mishaps. --- Eva-Marie Ayala, Star-Telegram, January 1, 2010
The Federal Aviation Administration increased oversight of American Airlines after three mishaps during landings in December, involving jetliners’ wingtips touching the ground during landings and a plane overshooting the runway. The FAA is reviewing those events to determine whether they might be indicative of a larger issue, and there may be additional enforcement actions.
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Flight Crews Have Latitude in Pegging Threatening Behavior. --- Hugo Martin, Los Angeles Times, January 2, 2010
The Transportation Security Administration has given airline crews new discretion to deal with threats on U.S.-bound planes, but flight crews and passengers have often differed over what is acceptable behavior on a plane. Flight crews have the final say, however, because they act on the pilot’s behalf and thereby share the pilot’s authority as to the operation of the aircraft.
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Pilots Warn of Safety Lapses at Regional Airlines. --- Alexandra Andrews, ProPublica, December 30, 2009
Regional airlines usually team up with major airlines to offer cheap costs in exchange for the major airline’s name on its flights, but safety measures can fall along with the price. Bloomberg News found a disconcerting number of safety concerns at regional airlines, and Senator Mark Begich, a member of the aviation subcommittee, said the Federal Aviation Administration has failed to ensure regional airlines are as safe as their major partners.
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Safety Issues Persist as Air Deaths Drop. --- Daniel Michaels, Wall Street Journal, January 5, 2010
Though last year was one of the safest in decades for airline passengers, many of the incidents that did occur highlight basic safety shortcomings. The rate of major accidents dropped sharply over the past decade with most of the improvement accomplished by 2005, and has held roughly steady for the past 5 years. The data show a “mixed picture” because many accidents are now survivable as a result of improvements in airplane design and safety features.
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Crowd Against Passenger Service at Paine Field. --- Lynn Thompson, The Seattle Times, January 4, 2010
Residents of Mukilteo and its surrounding communities in Washington told the Federal Aviation Administration that introducing passenger service at Paine Field would cause significant commercial impacts and turn the pleasant suburbs into a place of “noise, traffic, motels and declining property values.” Some business and economic-development leaders do support the introduction of passenger service, citing quieter planes and stating that adding commercial service would create no significant impact. The Federal Aviation Administration will hold two more hearings to take public comment on the environmental assessment released in December for the proposal.
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Dartmouth Select Board OKs Permit for Two Wind Turbines. --- Curt Brown, The Standard-Times, January 5, 2010
The Select Board in Dartmouth, Massachusetts unanimously approved a permit for 328-foot wind turbines on town-owned land off Chase Road. Voters will be asked to approve financing for the turbines at a special Town Meeting on January 26 for the $9.2 million project. The project will also have to be reviewed by the town’s Conservation Commission, the Department of Environmental Protection, the Federal Aviation Administration, and the Massachusetts Aeronautic Commission. There is a possibility that a group of residents in the Chase Road area will bring legal action against the town to stop the project.
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Dartmouth Wind Turbine Obstructs Airport Traffic, FAA Rules. --- Curt Brown, The Standard-Times, January 8, 2010
The Federal Aviation Administration ruled that one of two proposed wind turbines in Dartmouth, Massachusetts is a hazard to air traffic and must be lowered. The FAA’s review found that the north turbine’s height would have an adverse physical or electromagnetic interference upon air traffic at nearby New Bedford Regional Airport, and recommended lowering the height to 417 feet. A councilman said the town will conduct a site survey and attempt to win FAA approval for a height of 428 feet. Dartmouth’s application for the south turbine is still pending with the FAA.
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Shaffer Mountain Wind Farm Permit Process Ongoing. --- Dan DiPaolo, Daily American, January 4, 2010
Developers of Shaffer Mountain Wind Farm in Pennsylvania are continuing with the state and federal permiting process for the 30-turbine project. A previous permit expired and wind energy developer Gamesa Energy USA is seeking second approval from the Federal Aviation Administration. Opponents of the project believe it would negatively impact the area, and FAA officials found 15 of the 30 turbines were presumed hazards and will need further study of the project.
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Somerset Wind Turbines Seen as Aviation Hazard. --- Don Hopey, Pittsburgh Post-Gazette, January 6, 2010
The Federal Aviation Administration found half of the 30 windmills proposed by Gamesa Energy USA for a wind power project a hazard to aviation, but the project will require further study. The FAA said even a final determination would not stop the development because the agency lacks the federal authority to do so, but the FAA could work with the developer to alter the height and location of the turbines.
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Airpark’s Federal Grant Afloat in Jet Stream of Controversy. --- Andrew Eder, The News Journal, January 5, 2010
Delaware Airpark in Cheswold is one of many small airports across the country that depend on federal money for capital improvements. The airport does not make enough money to cover its expenses but received a $909,806 grant that it is using to build a new 4,200-foot runway. Critics say there needs to be harder scrutiny as to which airports should receive the grants, which are disproportionately given to airports with few or no paying passengers and benefit only a small group of private pilots.
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Midway Airport Privatization Prepares to Take Off Again. --- Paul Merrion, Chicago Business, January 5, 2010
Chicago is close to completing its plans to revive privatization of Midway Airport in Illinois. Flight volume at Midway was up 4% and passenger traffic was up more than 14% in November, compared with the same month in 2008. Talks will likely resume soon with potential investors and operators who previously bid on privatizing Midway last year, but Southwest Airlines is still onboard with the city’s legal and financial team.
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Daley Hints at Privatizing MidwayAirport. --- WLS-TV, January 6, 2010
Chicago, Illinois Mayor Richard Daley hinted that the city may push to privatize Midway Airport once the economy improves. A deal fell apart last spring because of financing issues, but the mayor said it is “very progressive” legislation that cities have done all over the world.
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Bakersfield Airport Shut After Hazardous Material is Found in Checked Bag. --- Dan Weikel, Los Angeles Times, January 5, 2010
Bakersfield Airport in California was shut down and some arriving flights were diverted to nearby Los Angeles International Airport after a hazardous material was found in a checked bag. A hazardous material crew and bomb squad were also called to the airport.
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FAA Issues Final Rule Allowing the Use of Additional Portable Oxygen Concentrator Devices Onboard Aircraft. --- Federal Register, January 6, 2010
The Federal Aviation Administration announced a new final rule that will allow the use of four additional portable oxygen concentrator (POC) devices on board aircraft. When the rule becomes effective there will be 11 different FAA-suitable POC devices acceptable for onboard use. Passengers will be able to carry these devices on board the aircraft and operate them with the approval of the aircraft operator.
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EPA Proposes to Expand Lead Monitoring. --- Aviation News, January 6, 2010The Environmental Protection Agency proposed to expand the lead air quality monitoring network to include sources that emit a half ton or more of lead annually, compared to the current threshold of one ton a year. The proposed changes would expand the existing network by approximately 140 sites, and airports would be treated the same as other sources of lead when determining if source-oriented lead monitoring is needed.
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