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

March 5, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Senate to Revive Long-Stalled FAA Bill to Modernize Air Traffic System. --- Dave Michaels, The Dallas Morning News, February 24, 2010
The Senate will soon bring up the long-stalled Federal Aviation Administration reauthorization bill. The bill would create thousands of jobs and is additionally loaded with elements that affect the oversight of airlines, background checks for pilots, and protections for passengers stranded on tarmacs. It also contains a provision that would require air-traffic system modernization by 2018, instead of the previous target date of 2025.
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Flight Attendant Leaders Push for Progress on FAA Reauthorization. --- PRNewswire, February 26, 2010
Leaders from the Association of Flight Attendants and the Association of Professional Flight Attendants met with the offices of several Senators to promote moving forward with the Federal Aviation Administration reauthorization bill, which includes many key provisions for flight attendants. The bill includes fatigue study information and workplace safety and health protections, cabin air quality provisions that would identify the equipment and technologies available to detect and filter highly toxic contaminants in the air supply, English language standards for flight attendants, and a “Return to the Cabin” program that would allow flight attendants an opportunity for rehabilitation after testing positive for drug or alcohol abuse.
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FAA Safety Reforms Finally Going to Senate. --- Jerry Zremski, The Buffalo News, February 11, 2010
A week of the U.S. Senate floor time will be scheduled in March for the Federal Aviation Administration reauthorization bill, including its safety provisions. Several of the provisions address concerns that the National Transportation Safety Board listed last week as part of its investigation into the crash of Continental Connection Flight 3407 near Buffalo, New York, last year. The bill would raise pilot-training standards and set requirements for the airlines’ remedial training programs, as well as mandate other increased safety initiatives. Senate Majority Leader Harry Reid finally made the commitment to move the FAA bill up by six months because the Senate has passed its version of health care reform, which had kept it occupied for months, and because the latest in a series of short-term extensions of the FAA bill is set to expire March 31.
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Senate FAA Reauthorization Bill Expected to Finally Move in March! --- Rotor News, February 12, 2010
Senator Charles E. Schumer has persuaded Senate leadership to move ahead with the Federal Aviation Administration reauthorization bill in March. FAA authorization and safety reforms will be considered over the course of a week, though it is unknown if the Senate Finance Committee will mark up the bill before it goes to the Senate floor for debate.
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FAA Reauthorization and Rule Changes to See Debate in March. --- Glenn Pew, AVweb, February 12, 2010
A week of Senate floor time will be scheduled in March to address aviation safety reforms and the Federal Aviation Administration reauthorization bill. The FAA reauthorization bill has been through several short-term extensions which are set to expire March 31. The bill’s current provisions address pilot safety standards and set requirements for remedial training programs for commercial carriers, as well as call for independent study of pilot fatigue research to be considered in new flight-time and duty-time rules for pilots. The House already passed its version of the reauthorization bill but it is considered more stringent than the bill the Senate has proposed, and whatever the Senate passes will have to be merged with the House bill by a House-Senate conference committee.
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A summary review of Aviation and Airport Development related news and information that was made public during the past week.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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A summary review of Aviation and Airport Development related news and information that was made public during the past week.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post.

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

• Honeywell gets FAA okay on runway safety systems.The Federal Aviation Administration has greenlighted Honeywell International Inc.’s SmartRunway and SmartLanding, designed to prevent runway accidents at crowded airports. The systems reinforce standard operating procedures and add “situational awareness” at crowded airports by alerting pilots about runway and taxi locations, unstable approaches and long landings, and when an aircraft is landing too far down the runway to stop safely.  9/16/09, Phoenix Business Journal, http://bit.ly/C3w3B
• Regulatory abuse by airlines threatens aviation safety. Aircraft Engineers International cites that the largest single cause of the downward trend in aviation safety is the increase in the number of regulatory breaches by airlines that remain uncorrected. Engineers from all over the world will meet in Varna, Bulgaria, from September 23-26, 2009 for the Aircraft Engineers International’s 37th Annual Congress, where they will take a closer look at issues including airlines’ deliberate abuse of aviation regulations to reduce costs, and airworthiness authorities’ adopting a more “hands on” approach to regulation. 9/16/09, Aircraft Engineers International, http://bit.ly/1WQ0gm
• Feds keep little-used airports in business. Congress has directed $15 billion from an obscure federal program that raises billions of dollars a year through taxes on every airplane ticket sold in the United States to general-aviation airports. General-aviation airports have no scheduled passenger flights and operate separately from the commercial airports that handle almost all passenger flights, and comprise the world’s most expansive and expensive network of airports. Critics contend that the number of subsidized airports with no commercial flights is excessive at a time when larger airports are struggling with delays in air traffic, and that only a few private pilots are benefited. Local residents have also complained about the noise and pollution generated by the little-used airports. 9/17/09, Thomas Frank, USA Today, http://bit.ly/5icdM
• FAA announces new efforts to respond to safety concerns. Federal Aviation Administrator Randy Babbitt announced that the FAA has a new focus on improving the agency’s response to public safety complaints and whistleblower contributions, as well as renewing efforts to ensure consistent interpretation of agency regulations and policies. The FAA will also improve how it communicates and interacts with employees, the public, air carriers, and manufacturers. Administrator Babbitt stated that the FAA’s “number-one customer” is the public, and is implementing changes in communication and interpretation of safety information to maintain a safe U.S. fleet and avoid cancellations. 9/17/09, FAA Press Release, http://bit.ly/RaNXC
• FAA launches new accident prevention office. The Federal Aviation Administration’s Office of Aviation Safety launched a new Accident Investigation and Prevention Service that will integrate the work of the Offices of Accident Investigation and Safety Analytical Services. The new organization will consolidate resources and data from accident and incident investigations, historical accidents and incidents, and voluntarily submitted information from industry programs so the FAA can better understand current risks across the aviation community, and identify emerging vulnerabilities and trends. 9/17/09, FAA Press Release, http://bit.ly/Ifx2M
• DOT fines Spirit Airlines for violating bumping and other rules. The Department of Transportation has fined Spirit Airlines $375,000 for various rule violations, including bumping passengers from oversold flights without compensating them and failing to resolve baggage claims within a reasonable time. The DOT’s action is being lauded for clearly protecting airline consumers against unfair and deceptive practices, which is a stated part of the Department’s mission. 9/17/09, Official Blog of the U.S. Secretary of Transportation, http://bit.ly/1s4ru5
• Mountain Home Air Force Base wants more air space. Officials at Mountain Home Air Force Base in Idaho have asked the Federal Aviation Administration to expand the base’s air space deeper into Oregon and Nevada, saying that the expansion would double the effectiveness of the air space and training offered there and potentially making the base more attractive as a future training site for jets more modern and faster than the jets currently housed at the base. If approved, the expansion would increase the air space by nearly 30 percent from the more than 187 square miles the range complex currently covers. 9/17/09, The Associated Press, http://bit.ly/WkklS
• UAL names Jane Garvey to Board of Directors. United Airlines announced that Jane Garvey, former administrator of the Federal Aviation Administration and President Obama advisor, will be joining the company’s Board of Directors. She was the first woman appointed to the role of FAA administrator and served on the transition team for President Obama, which focused on transportation policies and related infrastructure challenges. She has also advised states on financing strategies to facilitate project delivery for state governments and served as acting administrator and deputy administrator for the Federal Highway Administration. 9/17/09, PRNewswire, http://bit.ly/Bcn5o
• FAA reauthorization bill pushed back in Senate. The Senate will not pass a Federal Aviation Administration reauthorization bill by September 30, the time the current bill will expire, and both the House and Senate will have to agree to an extension. The bill is being pushed back for an “inevitable fight” over a labor provision that FedEx adamantly opposes. Jay Rockefeller, chairman of the Senate Commerce Committee, wants final passage of the bill postponed but wants the bill considered sometime during this calendar year. 9/17/09, Bartholomew Sullivan, Memphis Commercial Appeal, http://bit.ly/Qn3sI
• FAA will stop calling airlines “customers.” In a response to complaints that the agency’s relationship with airlines was placing the industry’s economic interests above passenger safety, Federal Aviation Administrator Randy Babbitt has said that the FAA will stop calling airlines “customers.” Administrator Babbitt listed several short- and long-term actions, including making the agency’s engineers available around the clock to support safety inspectors assigned to airlines, to improve airline compliance. A spokesman for the Air Transport Association is optimistic, believing the steps will lead to more succinct instructions for incorporating safety directives and leave less chance for technical ambiguity over compliance. 9/17/09, Joan Lowy, http://bit.ly/21aGlT
• FAA OK’s first step of privatizing New Orleans airport. The Federal Aviation Administration has accepted a preliminary application to lease Louis Armstrong New Orleans International Airport, Louisiana’s largest commercial airport, to a private operator. Under a private operation program approved by Congress, an airport with a private manager could continue to receive FAA funds and grants and collect fees and charges, and the city could use lease proceeds for non-aviation purposes after money was set aside for airport debt service. Up to five public airports have been allowed to participate in the program, and Chicago’s Midway Airport is also considering a privatization plan. The program was started in 1997 to explore privatization as a way of generating private capital for airport projects.  9/17/09, The Associated Press, http://bit.ly/25Neo1
• IATA Director General asks Obama to make aviation policy a priority. International Air Transport Association Director General Giovanni Bisignani wants the Obama administration to renew its role as a leader in the global aviation industry and make aviation policy a priority. Director General Bisignani has presented several policy recommendations to help in the recovery of the U.S. aviation industry in the areas of safety, security, environment and commercial freedoms, which include putting the NextGen system on a “fast track” to reduce delays at airports and airport emissions. 9/18/09, San Francisco Foreign Policy Examiner, http://bit.ly/LpoGt
• Boston airport prepares nation’s first green runway. Boston’s Logan International Airport is nearly finished repaving the first runway in the nation with an environmentally friendly material called warm-mix asphalt. The asphalt is heated to a lower temperature than normal, and burns less fuel and emits less carbon. 9/19/09, The Associated Press, http://bit.ly/2XqAhb
• Will a bigger runway boost the local economy? Carroll County government officials argue that the new, $72 million runway at Carroll County Regional Airport “won’t hurt” in attracting new businesses. Primarily paid for by the Federal Aviation Administration, the new runway will be longer and will have wider separation between the taxiway and runway, making it safer to land there and potentially able to handle more corporate jets. A spokesman for the National Business Aviation Administration said having an airport that can handle corporate aircraft is attractive to companies thinking about where to locate some or all of their businesses, but opponents of the project remain skeptical about the economic benefits or oppose the new runway because of the cost. 9/20/09, Adam Bednar, Carroll County Times, http://bit.ly/y2dix
• Commentary from Federal Times: Charting a new path for the FAA. Dave Bowen, chief information officer for the Federal Aviation Administrator, states that the FAA’s NextGen initiative will enable digital communication, and digital weather modeling and other capabilities, while supporting a level of air traffic more safely, efficiently, and effectively than current levels. NextGen technology includes Wide Area Augmentation, which provides an additional degree of accuracy and reliability, and Traffic Information Service - Broadcast, which combine together into Automatic Dependent Surveillance-Broadcast. With ADS-B, an aircraft would broadcast its Global Positioning System position and receive the broadcasts of other similarly equipped aircraft. While the FAA is working with airlines to get them to put ADS-B equipment in their aircraft, the NextGen initiative as a whole is the “path to the future” for the FAA. 9/21/09, Dave Bowen, Federal Times, http://bit.ly/24CZjo
• FAA approves first U.S. ground based augmentation system. The Federal Aviation Administration has approved Honeywell’s Smartpath Precision Landing System, which would provide precise navigation service based on the global positioning system. The ground based augmentation system augments GPS by providing precision approach guidance to all qualifying runways at an airport by monitoring GPS signals to detect errors and improve accuracy by transmitting correction measures to aircraft. GBAS has been identified as an enabler for descent and approach operations to increase capacity at crowded airports and will be improved over the next few years. 9/21/09, FAA Press Release, http://bit.ly/10xNLl
• Senator Barbara Boxer says airline passenger bill of rights is coming. Senator Barbara Boxer says that passengers’ rights legislation is popular in Congress and likely to pass, even over airline industry objections. The senator’s bill would require airlines to provide food, water, and bathrooms to passengers stranded on flights and would force airlines to allow passengers off planes after three hours of sitting. The legislation is currently included in the Federal Aviation Administration reauthorization bill. Airlines have fought customer-service legislation for over ten years, but Senator Boxer has drawn support from former AMR Corp. and American Airlines chairman Robert Crandall, who believes new rules can be implemented without compromising safety. 9/22/09, Scott McCartney, http://bit.ly/cOau1

IATA goal of halving emissions by 2050 over 2005 levels. The International Air Transport Association stated its goal of cutting emissions in half by 2050 over 2005 levels, through a four-part approach of technology, operational improvements, infrastructure upgrades, and “economic measures.” The airlines plan to present plans by November 2010 to begin trading carbon credits on a global market as part of a global approach to the issue, and to improve carbon efficiency by 1.5% annually through 2020 and show carbon-neutral growth from 2020 onwards. The industry is on pace to improve carbon efficiency by 1.8% this year, but it is worth noting that with fuel being among the largest expenses at an airline, carriers have a clear and immediate incentive to pursue such gains. 9/22/09, Justin Bachman, BusinessWeek, http://bit.ly/17QP9U

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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 promises to change Palm Springs, California takeoff route to appease residents. In an effort to ease Palm Springs residents’ concerns over the increased number of planes flying over their homes, Federal Aviation Administration officials are looking to change Palm Springs International Airport’s takeoff pattern by October 22, 2009. The route was newly changed in January of this year, but officials are hoping to switch to a “hybrid” pattern next month. 09/09/09, Marcel Honore, The Desert Sun, http://bit.ly/NBzzd
• Quick action on FAA bill unlikely. The American Association of Airport Executives is urging the Federal Aviation Administration to pass the FAA reauthorization bill before September 30, 2009, when the current FAA authorization extension will expire. The Senate Commerce Committee approved the bill in July, but it has yet to go to the Senate floor. AAAE notes that Congress has passed a series of short-term extensions since the last full authorization bill expired almost two years ago, but stresses that the short-term extensions and “uncertain funding levels” are disruptive for airport executives trying to plan construction projects. 09/09/09, Adrian Schofield and James Ott, Aviation Daily, http://bit.ly/1IELDI.
• Pilots and Airlines urge new fatigue rules. A unified group of representatives from the airline industry and pilot unions have agreed that an overhaul of the rules combating pilot fatigue is necessary. The group urged Federal Aviation Administration Administrator Randy Babbitt to replace old regulations with uniform limits on how many hours a pilot can fly with more flexible rules based on scientific studies about the causes of fatigue. 09/11/09, Andy Pasztor, The Wall Street Journal, http://bit.ly/HENld
• Department of Transportation aims to step up commuter-airline safety. Transportation Secretary Ray LaHood has stated that enhancing training and oversight of commuter-airline pilots is the Department of Transportation’s top aviation-safety priority. The February crash of a Colgan Air turboprop near Buffalo, New York revealed several training lapses and other safety shortcomings, prompting the DOT to “step up quickly” and show that those issues are its primary concern. Secretary LaHood also said there will be proposals to revise rules to combat fatigue, and that the FAA is collecting additional data on pilot-training programs and devising better ways to track pilots with training failures. 09/10/09, Andy Pasztor, The Wall Street Journal, http://bit.ly/d1UIu.
• FAA Administrator Babbitt questions professionalism of Colgan Air crew in Buffalo crash. Federal Aviation Administration Administrator Randy Babbitt believes the Colgan Air crash near Buffalo, New York demonstrated “complete inattention to basic details.” Officials from Colgan Air acknowledged that the two pilots were not paying close attention to the aircraft’s instruments and failed to follow the airline’s procedures for handling an impeding stall in the final minutes of a flight. Administrator Babbitt contrasted the actions of the Buffalo crew with those of Capt. Chesley Sullenberger, pilot in the Hudson landing, and called for greater professionalism in the industry, encouraging experienced pilots to mentor newer ones, greater use of professional systems, and fostering an atmosphere that encourages employees to voice their concerns. 09/11/09, Carolyn Thompson, The Associated Press, http://bit.ly/3b6NdS.
• LAWA Director seeks to reverse decades of LAX underinvestment. Gina Marie Lindsey, executive director of Las Angeles World Airports, is hoping for the passage of legislation that could see an increase in the Passenger Facility Charge, which could help fund expansion of Los Angeles International airport. Ms. Lindsey stated that airport authorities themselves should have the right to raise the PFC independently, and is also advocating other methods to generate extra income for LAX, which she says has faced decades of underinvestment. The bill is currently under a consideration by a Senate committee. 09/14/09, Ben Vogel, Jane’s, http://bit.ly/2HCCFI
• Congress reluctant to fund ADS-B equipage. US Senate staff said that determining how to pay for the transition to a satellite-based NextGen ATC system is proving difficult; Congress is reluctant to provide funding to allow airlines to fit some aircraft with ADS-B equipment that would enable early NextGen demonstrations and testing. The House of Representatives has already passed an FAA reauthorization bill and the Senate is considering one, but neither legislative proposal details the mechanisms for funding the NextGen transition. A professional staffer on the Senate committee explained that the “philosophical issue” lies in whether Congress would be creating a legacy whereby the government is expected to equip every aircraft, if it were to provide money to equip some aircraft. 09/15/09, Aaron Karp, ATW Daily News, http://bit.ly/wzjQX
• The FAA is investigating a complaint that raises questions about the validity of Texas Southern University’s School of Aviation. The Federal Aviation Administration is investigating a complaint that alleges that ground and flight training instructors lack instructor certificates from the FAA. If the allegations are true, Texas Southern University’s School of Aviation would be in violation of federal guidelines, and commercial pilots who have already graduated from the program would question the validity of their degrees.A school spokesperson responds that the courses in question do not lead to FAA certifications and do not require FAA certified instructors or FAA approval, though an internal investigation is pending. 09/08/09, Houston News Video, http://bit.ly/YXi8q.

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Although originally billed as a Senate hearing on FAA Reauthorization, because another continuing resolution was passed last week, the Senate Subcommittee on Aviation Operations, Safety and Security switched the focus of the hearing from Reauthorization to NextGen and "the Benefits of Modernization." 

Essentially, this hearing was a scaled-down version of the hearing that the House held last week.  (See, "U.S. House Subcommittee on Aviation Holds Hearing on FAA's NextGen and ATC Modernization Efforts,"  posted March 22, 2009). Indeed, the written testimony of Dr. Dillingham is almost word for word identical to the written testimony presented to the House Subcommittee.  Likewise, the written testimony of Dale Wright, NATCA's Director of Safety and Technology, was in most respects the same as Patrick Forrey's last week.  As Sen. John D. Rockefeller, IV, Chairman of the full Committee stated in his opening statement, this hearing was a first step to "move the U.S. past Mongolia in the ranking of air traffic control systems."

It was also Sen. Rockefeller who summed up the problems the FAA has been having not only with respect to NextGen, but many other issues as well:  "[r]ivalries in the aviation community have hampered the industry's ability to speak with one voice for far too long.  Without that one voice, you will fail."  The simmering labor disputes between the Air Traffic Controllers and the FAA; the mistrust between the Pilots and General Aviation; the airlines' position with the FAA have all made it difficult for anything to be resolved, even if everyone agrees that some form of NextGen is an absolute necessity.

Thus, the hearing had Hank Krakowski, Chief Operating Officer of the Air Traffic Organization at the FAA, patting FAA on the back for getting ATC Modernization off of GAO's "High Risk List," (see, "GAO Removes FAA Air Traffic Control Modernization Program From Its High Risk List," posted January 22, 2009) and generally touting how invested the FAA is in working with all stakeholders to achieve the goals.  In counterpoint, NATCA's Wright, talked about the human cost of NextGen, and telling the Subcommittee that the "FAA  must collaborate meaningfully with stakeholders" pointing out that "to date [NATCA has] received no indication from the FAA that the Agency has any intention of meaningfully collaborating with NATCA."

Likewise, T.K. Kallenbach of Honeywell Aerospace lauded the environmental benefits of Continuous Descent, which is possible with the new NextGen technology.  Meanwhile United Airlines' Joe Kolshak understandably lobbied hard for NextGen, since the airlines anticipate a huge drop in fuel costs, although the airlines might be looking for some assistance to get the required technology installed into the cockpits.  And finally, Dr. Dillingham once again told a Congressional panel that the "FAA faces challenges in resolving human capital," research and development, and facilities issues.

So, where does that leave us? Two "foundational" and "critical" hearings in which the same people are saying essentially the same thing that they (or their agencies/organizations) have been saying for at least the past two years.  With FAA Reauthorization stalled in the House (see "User Fees Issues Probably Will Force Short-Term Extension of FAA's Authorization Instead of Full Reauthorization," posted March 16, 2009), and the Obama administrative set to present its proposal in Mid-April, it seems unlikely that anything will get rolling anytime soon.

A list of the witnesses and their written testimonies follows.

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