May 8, 2010 - Aviation and Airport Development Updates

 

May 8, 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.

FAA Proposes $297,000 Civil Penalty Against Air Mods. --- Jim Douglas, AvStop.com, April 4, 2010
The Federal Aviation Administration has proposed a $297,000 civil penalty against Air Mods and Repair Corporation of Wilmington, Delaware. The agency alleges that Air Mods operated two general aviation aircraft when they were not in compliance with Federal Aviation Regulations, operating the aircraft on flights without making required repairs to either aircraft.
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1st Priority for new United-Continental Combo: Keep Customers, Workers Happy. --- Julie Johnsson, Chicago Tribune, May 3, 2010
The merger of United and Continental Airlines has created the world’s largest airline, and over the next few months a merger integration team led by the each of the companies’ chief executive officers will work on details to determine whether a bigger airline can be better. Passengers with long-standing loyalty to each carrier worry about whether their perks and the service levels they associate with each airline will drop, but Continental CEO Jeff Smisek says happier employees and better customer service will be the “new ethos” of the merged airlines.
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FAA Approves of Hawaii Rail Transit Route Change to Protect Airspace.
--- Sean Hao, Honolulu Advertiser, May 4, 2010
In a letter to the city of Honolulu in Hawaii, the Federal Aviation Administration concurred with the city’s plans to move the East Kapolei-to-Ala Moana train route, because a station on the route encroached on a runway protection zone near Honolulu International Airport. The city says the alternative of moving a nearby runway is too expensive. The train project cannot be begun until further environmental studies and other agreements are completed, however.
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US Business Jet Plane Makers Not Exactly Soaring.
--- Jets.Football-News-Update.com, May 4, 2010
U.S. executives for business jet makers say the industry’s recovery is likely to be slow and grinding, though the worst may be over. The economic downturn that began in the fall of 2008 has left the market saturated with used aircraft for sale that could weigh on prices and sales of new jets for as long as two years, and aircraft financing remains tight.
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NTSB Finds Safety Lesson in Hudson River Ditching.
--- Joan Lowy, Associated Press, May 5, 2010
A National Transportation Safety Board panel has issued more than two dozen safety recommendations related to the airliner that ditched into the Hudson River on January 15, 2009. Captain Chesley Sullenberger made a quick decision to glide the airliner into the river rather than risk crashing in a densely populated area while trying to reach an airport, and it was just due to chance that the aircraft was equipped for water landings since it was not required to have such equipment under Federal Aviation Administration regulations. The panel made several recommendations which included making life vests easier for passengers to retrieve and put on correctly, as well as urging the FAA to examine whether population increases in recent decades of large bird species have increased the likelihood of more collisions like the one that caused the Hudson River incident.

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Delta Air Lines, US Airways Respond to U.S. Department of Transportation and Federal Aviation Administration Decision on New York-Washington, D.C. Slot Transaction.
Localspur, May 4, 2010
Delta Air Lines and US Airways issued a statement expressing their disappointment that the Department of Transportation and Federal Aviation Administration rejected their proposal for a slot transaction at New York’s LaGuardia Airport and Washington National Airport. The proposed transaction would add flights to a number of cities from both the New York and Washington, D.C. areas, as well as provide expanded access to other competitors.

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US Airways to Appeal Department of Transportation Ruling on Delta Swap. --- Jeff Clabaugh, Washington Business Journal, May 5, 2010
US Airways and Delta Airlines will appeal the Department of Transportation and Federal Aviation Administration ruling that would modify their plans for swapping rights at Reagan National Airport in Washington, D.C. and New York’s LaGuardia Airport. The airlines say the decision has exceeded the agencies’ regulatory authority and they intend to appeal the ruling to the U.S. Court of Appeals.
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FAA Seeks Resolution to Venice Airport Conflict.
--- Kim Hackett, Herald Tribune, May 5, 2010
Federal Aviation Administration staff toured Venice Municipal Airport in Venice, California, and met with city officials to discuss how to remove a golf course and a neighborhood from a safety zone without downgrading the airport. The FAA has said the agency will not allow reclassification and will meet with city officials to discuss alternatives.
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Noise Commission to Re-evaluate Carpenter.
‑-- Park Ridge Herald-Advocate, May 5, 2010
The O’Hare Noise Compatibility Commission will re-evaluate the eligibility of Carpenter School in Park Ridge, Illinois to receive federal funds for sound insulation work. The school was approved in 2004, but in 2009 was informed by the Federal Aviation Administration that it was no longer qualified. However, FAA Acting Associate Administrator for Airports Catherine Lang indicated that funding will be reinstated at the school if it meets an 8-hour Equivalent Sound Level test result of 45 or higher, so noise levels will be retested at Carpenter this summer.
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FAA Proposes $527,150 in Civil Penalties Against Atlas Air, Inc.
--- Federal Aviation Administration, May 5, 2010
The Federal Aviation Administration has proposed $572,150 in civil penalties against Atlas Air, Inc., for alleged violations of the Federal Aviation Regulations.
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Statement of Victoria Cox, Senior Vice-President for NextGen and Operations Planning.
--- Federal Aviation Administration, May 5, 2010
Volcanic ash is extremely damaging to aircraft, resulting in the impairment of engine operation and contamination or erosion of other parts. The Federal Aviation Administration’s primary method of dealing with volcanic ash events is operator avoidance, and under NextGen volcanic ash information is treated like significant weather information. NextGen will enable the publication of the same weather information for all airspace users.
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City, Airlines Stumbling Toward Deal to Finish O’Hare Expansion.
‑-- Greg Hinz, Chicago Business, May 5, 2010
Chicago has been successful in building a second new runway at O’Hare International Airport and legal wars on O’Hare’s expansion continue to go the city’s way, but the city has yet to reach a resolution with United and American Airlines about who will pay to build a new $2 billion terminal on the airport’s west end. Rosemarie Andolino, Chicago aviation commissioner, has been insisting that the carriers pay, but in response United and American have been firm in saying the western terminal is not needed and would only help potential competitors.
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FAA Issues Passenger Facility Charge Monthly Report for April 2010.
--- Federal Aviation Administration, May 4, 2010
The Federal Aviation Administration has issued its monthly report on Passenger Facility Charges for April, 2010.
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FAA Adds Airport Improvement Program Grant/Apportionment Data Entitlements for Fiscal Year 2010.
--- Federal Aviation Administration, May 5, 2010
The Federal Aviation Administration issued grant and apportionment data entitlements for fiscal year 2010.
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FAA Picks Preferred Philadelphia Airport Plan.
--- Jonathan Starkey, The News Journal, May 6, 2010
The Federal Aviation Administration has selected a $5.2 billion construction project that will add capacity to Philadelphia Airport in Pennsylvania by extending two runways and building a third. The FAA has selected this alternative construction plan out of a final three options because it is required to name a preference by federal law, but it may not be the alternative that is ultimately approved.

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Airport Planning $5.2 Billion Expansion. --- Linda Loyd, The Philadelphia Inquirer, May 7, 2010
The Federal Aviation Administration's recently-released proposal for Philadelphia International Airport is designed to accommodate dramatic growth and help alleviate delays. The agency chose this plan after conducting environmental impact studies and holding public meetings from 2003 to 2008, but it still has to issue a final environmental impact statement by late summer, and a "record of decision" for the project by year's end. Airport chief executive officer Mark Gale says expansion is vitally critical to the airport's economic and business development in this city and region to alleviate continued delay problems.
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Obama Administration Turning Out to Be Quite Expensive for Airlines. --- Meg Marco, The Consumerist, May 6, 2010
During the Obama administration fines at the Department of Transportation and Federal Aviation Administration have skyrocketed in comparison to the Bush administration, clearly demonstrating the current administration's more interventionist philosophy on behalf of consumers and other constituencies. In 2009 the DOT levied $2.6 million in fines against the airlines, compared to the $1.2 million levied during the Bush administration in 2008. Additionally, the FAA's fines in 2009 nearly doubled those of 2008.
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FAA Rejects Bid to Revoke Licenses of 2 American Pilots Involved in 2006 Brazil Plane Crash. --- Karen Matthews, Associated Press, May 6, 2010
The Federal Aviation Administration has rejected a request by two Brazilian congressmen to revoke the licenses of two American pilots involved in a 2006 plane crash in Brazil, saying there was insufficient evidence to take action. The American pilots' Embraer Legacy jet collided over the Amazon with a Boeing 737, and the 737 crashed in the jungle, killing all aboard. The U.S. National Transportation Safety Board blames the collision mostly on shortcomings in Brazil's air traffic control system, but a Brazilian Air Force report found the two pilots may have contributed to the collision by inadvertently turning off the plane's transponder and collision-avoidance system.
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April 30, 2010 - Aviation and Airport Development Updates

April 30, 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.

FAA Expands Air Traffic Education Program. --- Bill Goldston, AvStop.com, April 12, 2010
The Federal Aviation Administration has added five new colleges and universities to its Air Traffic Collegiate Training Initiative (AT-CTI), a program that provides the appropriate education, experience, and training for terminal and en route air traffic controller occupations. Graduates of the program may often bypass the initial five-week air traffic basics training required when they report to the FAA Academy in Oklahoma City, and from fiscal years 2005 to 2009 more than 40 percent of air traffic controllers hired graduated from a school in the AT-CTI program.
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Crop-Dusters Flew Too Low, 4th Circuit Rules. --- Courthouse News Service, April 23, 2010
The 4th Circuit federal appeals court in Virginia upheld a finding that two farmers in West Virginia violated Federal Aviation Administration regulations by flying crop-dusting planes too low in a congested area. The farmers argued that the area was not congested and FAA regulations are unconstitutionally vague, but the court noted that the farmers had reason to believe that the residential area near where they were might be congested.
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Neighbors Abuzz Over Possible Runway Extension at Vance Brand Airport. --- Clay Evans, Longmont Ledger, April 23, 2010
Neighbors of Vance Brand Municipal Airport in Longmont, Colorado are concerned about renewed talk of extending the airport’s runway, citing increased noise and potential disturbance to wildlife in the area. Extending the runway would open the airport to more corporate jets and could diminish the area residents’ quality of life. Longmont mayor Bryan Baum instead says a longer runway would provide economic benefit to the city and is a matter of “maximizing the city’s assets.”
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NEPA Process Slowing NextGen Progress, Says GE Aviation CEO. --- The Bulb Eater, April 26, 2010
Lorraine Bolsinger, president and chief executive officer of GE Aviation Systems, says the environmental process of NEPA is getting in the way of environmental progress in the NextGen system. Ms. Bolsinger says technologies are now available to reduce aviation carbon dioxide and other emissions, fossil fuel consumption, and aircraft noise, but the problem is the “bureaucracy and red tape” surrounding the administration of NEPA, with the current application of the environmental review process making it practically impossible to implement meaningful change.
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AAAE Urges Airport Priorities in FAA Reauthorization Bill. --- Aviation News Today, April 23, 2010
The American Association of Airport Executives President has urged lawmakers to pass Federal Aviation Administration reauthorization legislation that raises the PFC cap, rejects a controversial aircraft rescue and fire fighting proposal, and includes other priorities. The AAAE president told the House and Senate transportation committee leaders that raising the PFC cap would generate more than $1 billion annually, and encouraged the lawmakers to support provisions in the House- and Senate-passed reauthorization bills that would increase Airport Improvement Program funding as well as funding for other programs “critical” to help small communities retain and attract commercial air service.
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FAA to Mandate New Round of Safety Inspections on Some Boeing 737s. --- Andy Pasztor, The Wall Street Journal, April 24, 2010
The Federal Aviation Administration will mandate speedy inspections to prevent potentially dangerous vibrations affecting certain flight-control surfaces on the tails of some of the latest Boeing 737 models. The safety directive will require inspections of mechanisms that help control part of the elevators--movable panels located on the horizontal tails of aircraft--on approximately 125 U.S. registered Boeing 737s.
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Congress Should Keep its Focus on Airline Safety (Editorial) --- FAA Whistleblower, April 24, 2010
Recent congressional hearings have revealed major shortcomings in the aviation industry’s safety oversight procedures, far more pressing than inconveniences like late flights, canceled flights, and lost luggage. Congress should increase scrutiny of the Federal Aviation Administration and the industry it purports to relate as the FAA’s self-regulation is obviously not working.
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FAA Wants No Pilot Distractions. --- Alan Levin, USA Today, April 26, 2010
The Federal Aviation Administration will issue a notice to air carriers calling for better internal rules and training on the issue of pilot distractions. The FAA wants to ensure pilots are not distracted by cell phones, laptops, and extraneous conversations, spurred by a recent series of incidents in which pilots’ attention was diverted from flying. The notice is voluntary, but failure to follow its suggestions can lead to additional inspections and scrutiny of records on safety efforts.
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FAA Guidance Makes it Clear There is No Room for Distraction in the Cockpit. --- AvStop.com, April 26, 2010
Although the Federal Aviation Administration already has the “Sterile Cockpit Rule” which prohibits pilots from engaging in any type of distracting behavior during critical phases of flight, it is now distributing an “Information for Operators” guidance asking airlines to address distraction through crew training programs and create a safety culture to control cockpit distractions. FAA Administrator Randy Babbitt said that every aviation professional needs to take distractions in the cockpit seriously, and the FAA will not tolerate pilots engaging in tasks not directly related to required flight duties.
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FAA Introduces Satellite-Based ADS-B at Philadelphia. --- Simon Hradecky, The Aviation Herald, April 26, 2010
The Federal Aviation Administration introduced Philadelphia as one of the four demonstration sites for air traffic control services provided using a satellite to receive data from ADS-B capable aircraft transponders. Such transponders transmit the current position and altitude tracked within a plane’s inertial reference system and air traffic controllers thus receive position updates every second, instead of about every 4.5 seconds by radar. The FAA expects ADS-B to be available nationwide by 2013.
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World Aviation Training Seminar. --- J. Randolph Babbitt, Federal Aviation Administration, April 27, 2010
Federal Aviation Administration Administrator Randy Babbitt talked about maintaining focus at the World Aviation Training Seminar in Florida, citing a shared responsibility for safety. Mr. Babbitt urged focus on preventing “the things that could form a chain of causation” and stressed that automation “does not remove the human” from the process of enhancing safety, and said that it is a mistake to think that machines will eliminate mistakes.
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EPA Seeks Public Comment on Aircraft Lead Emissions Data. --- Pollution Online, April 26, 2010
The Environmental Protection Agency is requesting comment on data available for evaluating emissions and potential exposure to lead in gas used in piston-engine aircraft. U.S. lead emissions have decreased by more than 90 percent since 1980, but today lead emissions from aviation gasoline account for about half the nation’s lead inventory.
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NPRM on Lead Emissions from Piston-Engine Aircraft Using Leaded Avgas. --- Rotor News, April 28, 2010
The Environmental Protection Agency issued an advance notice of proposed rulemaking (ANPR) in regards to lead emissions from piston-engine aircraft using leaded aviation gasoline. The ANPR is a response to a petition filed by Friends of the Earth in 2006.
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DOT Fines Southwest for Violations of Denied Boarding Compensation Rules. --- Department of Transportation, April 27, 2010
The Department of Transportation assessed a civil penalty of $200,000 against Southwest Airlines for violating federal rules regarding passengers denied boarding on oversold flights. Consumer complaints and a site inspection at the airline’s headquarters during 2009 revealed numerous instances in which Southwest denied boarding to passengers but did not comply with DOT regulations regarding procedures to be followed when flights are oversold.
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FAA Proposes $348,000 Civil Penalty Against Chautauqua Airlines. --- Federal Aviation Administration, April 27, 2010
The Federal Aviation Administration proposed a $348,000 civil penalty against Chautauqua Airlines for allegedly operating some of its regional jets without performing inspections required by five different FAA airworthiness directives.
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House Proposes FAA Act Extension. --- R.G. Edmonson, The Journal of Commerce, April 27, 2010
The House of Representatives has received a bill to extend the funding of the Federal Aviation Administration through July 3rd, with the current extension set to expire April 30th. The House and Senate have passed separate versions of an FAA reauthorization bill and need time to work out the differences.
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U.S. Senate Passes FAA Extension Through July 3. --- Rotor News, April 29, 2010
The House and Senate have passed resolutions extending Federal Aviation Administration programs through July 3rd as they work on HR 1586, a multi-year FAA reauthorization bill. The last law authorizing FAA programs expired in 2007 and has been receiving short-term reauthorizations since.
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Congress Extends FAA Reauthorization Bill Again; Delays Action on FedEx Matter. --- Bartholomew Sullivan, The Commercial Appeal, April 30, 2010
The House and Senate have extended the Federal Aviation Administration reauthorization law through July 3rd while reconciling their separate FAA bills. The House bill contains a provision that would make it easier for FedEx workers to unionize, a provision that Senators Lamar Alexander and Bob Corker of Tennessee vow to keep from any final bill.
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Dallas/Fort Worth International Airport Partners With EPA to Fight Climate Change. --- Environmental Protection Agency, April 28, 2010
Dallas/Fort Worth International Airport increased its ranking to No. 9 on the Environmental Protection Agency’s Top 20 Local Government list of the largest green power purchasers. The airport is purchasing 60 million kilowatt-hours of green power annually, demonstrating a “proactive choice” to switch away from traditional sources of electricity generation and support cleaner renewable energy alternatives.
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Flyers Rights Announces Launch of New Application to Empower Passengers on the Day the New DOT Tarmac Rule Takes Effect. --- PR Newswire, April 29, 2010
Kate Hanni, executive director of Flyersrights.org, announced the launch of a new application that will provide passengers with real time data on the status of their flights via GPS, and stressed that a proposed ban on cellular communications and Voice Over Internet Protocol in the House version of the pending Federal Aviation Administration reauthorization bill could curtail passengers rights to use new technologies while on board commercial aircraft. She cited cellular technology as being indispensable to capturing, recording, and transmitting information vital to enforcing and protecting passengers’ rights, ensuring that the airlines are fully accountable and in compliance with the new 3 Hour Tarmac Rule that went into effect on Thursday, April 29th.
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No Need for Cutting Trees, Extending Airport Runway. --- Ron Smetek, The Island Packet, April 30, 2010
A Hilton Head Island Airport neighbor in Hilton Head Island, South Carolina says there is no need to extend the airport’s runway or cut any trees, because commercial service will continue there nonetheless and the aircraft using or likely to use the airport do not need a longer runway. He also said the Federal Aviation Administration must conduct an authoritative assessment of potential hazards before the runway can be extended, or any trees unnecessarily removed.
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Chicago Granted New FAA Extension on Midway Privatization. --- The Wall Street Journal, April 30, 2010
The city of Chicago has asked for and received a new three-month extension through the end of July, when it must update the Federal Aviation Administration on its plans and timetable to privatize Midway Airport.
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April 9, 2010 - Aviation and Airport Development Updates

April 9, 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.

Government Watchdog Backs FAA Whistle-blower. --- Associated Press, April 2, 2010
A whistle-blower charging that Federal Aviation Administration regulators helped American Airlines avoid grounding planes with improper electrical wiring has the partial support of federal officials. Documents released by the Transportation Department’s inspector general agree that American was violating federal standards, but concluded that the FAA was within its power to let American keep using the jets while it sought a second opinion about the wiring.
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O’Hare Gets $410 Million, But Talks with Carriers Still on Stand-by.
--- John Pletz, Chicago Business, April 6, 2010
O’Hare Airport in Chicago, Illinois received $410 million in federal funding to move ahead with the second and final phase of its expansion, but airlines still have not agreed to fund the rest of the $8 billion project. The airlines would pay most of the cost of the expansion through higher landing fees, but talks so far have been unsuccessful.
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AA Criticizes Panel that Found LAX’s North Runways are Safe.
--- Jeff Gottlieb, Los Angeles Times, April 7, 2010
The Federal Aviation Administration has criticized the panel of academics that said the runways at Los Angeles International Airport were “extremely safe” and declared that further safety measures would be limited in practical importance. FAA Administrator Randy Babbitt said he supported creating more space between the runways and placing a taxiway between them to prevent ground collisions between planes. Some opponents blasted the FAA, saying it is only interested in expansion and increasing traffic at LAX.
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Los Angeles
Airport
Criticized for Persistent Runway Hazards. --- Andy Pasztor, The Wall Street Journal, April 6, 2010
In a letter released Tuesday, the chief of the Federal Aviation Administration warned Los Angeles Mayor Antonio Villaraigosa that putting off redesigning portions of the airfield at Los Angeles International Airport would be a “serious mistake.” City and airport officials have resisted the proposed changes for years, which are designed to increase the separation between a pair of parallel runways and reduce runway collision risks. The letter highlighted that the only complete solution for LAX’s safety and efficiency needs must include changing the configuration of the two runways.
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FAA Program Reveals Thousands of Safety Lapses.
--- CBS, April 5, 2010
The new Air Traffic Safety Action Program (ATSAP), launched a year and a half ago by the Federal Aviation Administration, has resulted in the revelation of thousands of previously unreported air traffic mishaps. The program offers immunity to employees who provide honest reports of safety lapses in all but the most serious cases, and since its launch the FAA has gathered more than 14,000 reports. The FAA is using the program to make changes designed to eliminate the mostly minor safety issues.
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Administrator Calls Collaboration Key to FAA’s NextGen.
--- Emily Long, nextgov, April 6, 2010
Federal Aviation Administration officials and industry representatives agree that the success of NextGen, the FAA’s ambitious program to replace the nation’s aging radar-based air traffic control system with a satellite-based network by 2020, depends on collaboration and policy changes, not technology. FAA Administrator Randy Babbitt said the FAA and industry members must work together to determine the most effective order in which to implement new capabilities and stressed the importance of moving forward with NextGen.
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AA Hiring Practices for Air Traffic Controllers In Question.
--- Mike Mitchell, AvStop.com, April 6, 2010
The Department of Transportation’s Office of Inspector General issued a report on the Federal Aviation Administration’s policies and procedures for hiring air traffic controllers, and found that the FAA’s process for selecting and placing new controllers does not sufficiently evaluate candidates’ aptitudes. The DOT found that the FAA does not effectively use screening test results or consider candidates’ FAA Academy performance to help determine facility placement, and recommended that the FAA evaluate and redesign its current screening test to consider candidates’ skill sets, assign candidates to a facility based on their Academy performance, and improve its academy training program.
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United’s Talks With US Airways Could Be Signal to Continental It’s Ready to Deal: Analyst. --- Reuters, April 7, 2010
United Airlines is in merger talks with US Airways in a deal that could create the second-largest carrier in the United States. The discussions are aimed at cutting costs and competing with the combined Delta-Northwest, and could fizzle or lead to talks with other carriers. United’s talks with US Airways might be a signal to Continental Airlines that it is ready to renew merger talks, as United pursued an alliance with Continental in the past.
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EPA Aims to Regulate Airports’ Use of Deicing Fluid, Drawing Safety Concerns From Pilots, and Airlines.
--- Jonathan Strong, The Daily Caller, April 8, 2010
Pilots, airlines, and airports are warning that the Environmental Protection Agency’s proposal to limit the amount of toxic deicing fluid that trickles off runways and into nearby streams and rivers could pose serious safety risks, as the fluid is used to keep airplanes from freezing up and crashing. Critics point to the record-setting blizzards that recently beset the East Coast and show how unworkable the regulation would be during winter weather. The EPA is considering the concerns carefully, but noted that it had consulted the Federal Aviation Administration before issuing the regulation.
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EPA Ban on 100LL Deadline Coming in 2011?
--- Rotorcraft Professional, April 8, 2010
The Environmental Protection Agency is expected to issue a notice in the next few weeks concerning the future of 100LL aviation fuel. The notice will describe the lead inventory related to use of leaded avgas, air quality, and exposure information, as well as additional information the agency is collecting related to the impact of lead emissions from piston-engine aircraft on air quality. The EPA is seeking input from the industry and the public to develop a transition plan so the fuel can be phased out. Finding a viable replacement for 100LL has been a topic of concern in the general aviation world for two decades or more, and input from advocacy groups and manufacturers will have to be worked through to come up with a consensus standard and produce a fuel that will reliably meet the needs of general aviation airplanes.
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Darby Aviation License Suspended by FAA And It’s Not the First Time.
--- Bill Goldston, AvStop.com, April 8, 2010
The Federal Aviation Administration has issued an emergency cease and desist order against Darby Aviation, and not for the first time. The FAA does not believe that the company has the ability to ensure safe operations at this time, and additionally determined that Darby Aviation’s chief pilot and its Director of Operations are not qualified to hold their positions. The FAA had previously issued an emergency cease and desist against Darby in 2005.
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FAA Suspends Darby Aviation’s Air Carrier Certificate.
--- Flight Source, April 8, 2010
The Federal Aviation Administration suspended Darby Aviation’s air carrier certificate until the company can demonstrate that it can conduct operations in accordance with regulatory requirements. Darby Aviation has failed to produce an acceptable Operations Manual or an approval air training program and the company’s lack of proper operating guidance and its failure to follow basic regulatory requirements has undermined the FAA’s confidence in Darby Aviation’s ability to ensure safe operations.
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Pilots in Botched Takeoff Broke Rules.
--- Andy Pasztor, The Wall Street Journal, April 8, 2010
Federal crash investigators said that the pilots of US Airways Express Flight 2495 engaged in small talk and violated other basic safety rules before takeoff and before their jet barreled off the end of a runway at Yeager Airport in Charleston, West Virginia. The pilots failed to notice that the flaps, movable devices on the rear of the wings that provide extra lift, weren’t properly set. Federal Aviation Administration rules and airline procedures prohibit cockpit conversations not directly related to the aircraft during taxi, takeoffs, landings, and other critical phases of flight.
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FAA Proposes $380,000 Civil Penalty Against Frontier Airlines.
--- Federal Aviation Administration, April 9, 2010
The Federal Aviation Administration has proposed a $380,000 civil penalty against Frontier Airlines for operating several aircraft on approximately 900 flights when they were not in compliance with Federal Aviation Regulations. The FAA alleges that in 2008 and 2009 Frontier reconfigured the passenger cabins on some of its aircraft to permit dual-aisle access to the overwing emergency exits but did not replace the existing placards with placards showing the new configuration as required, and operated the aircraft with the wrong placards in place.
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FAA Proposes $260,000 Civil Penalty Against ERA Helicopters.
--- Federal Aviation Administration, April 9, 2010
The Federal Aviation Administration has proposed a $260,000 civil penalty against ERA Helicopters for failing to perform test flights and other required checks before returning an aircraft to passenger service. The FAA says that ERA operated a helicopter on 23 passenger-carrying flights without performing tests to ensure that some replacement work had been done properly, in violation of a number of Federal Aviation Regulations.
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Safer Aviation Requires Fairer Laws.
--- Hon. Malcolm Wallop, The Daily Caller, April 8, 2010
The House and Senate have each passed their version of the Federal Aviation Administration Reauthorization Act, but delivery giant FedEx is threatening to hold up the process of reconciling the two bills unless it gets to maintain its special treatment preventing the unionization of the company’s employees. FedEx uses the disparity as leverage against rival UPS, wanting to scare prospective clients into signing with FedEx on the grounds that FedEx is “union proof” and will never face a strike. FedEx is selling “strike-proof” status granted by government favoritism and it is time for such treatment to end.
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FAA Proposes New Policy on Antidepressants for Pilots.
--- Federal Aviation Administration, April 2, 2010
The Federal Aviation Administration will consider the special issuance of a medical certificate to pilots who are taking medications for mild to moderate depression. On a case-by-case basis, pilots who take one of four antidepressant medications will be allowed to fly if they have been satisfactorily treated on the medication for at least 12 months, and the FAA will not take any civil enforcement action against pilots who take advantage of a six-month opportunity to share any previously non-disclosed diagnosis of depression or the use of these antidepressants.
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March 26, 2010 - Aviation and Airport Development Updates

March 26, 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 Kills Controversial Amendments to FAA Bill, but Dozens Remain. --- Jessica Brady, Roll Call, March 16, 2010
The Senate voted against several controversial amendments to the Federal Aviation Administration bill on Tuesday night but many remain, nearly guaranteeing that the Senate will still be on the measure for the rest of the week.
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Bob Hope Airport Authority is Seeking Nighttime Curfew. --- Daniel Guevarra, AvStop.com, March 17, 2010
The Burbank-Glendale-Pasadena Airport Authority received notice from the Federal Aviation Administration that it may proceed with an Application for a Proposed Curfew at Bob Hope Airport in Burbank, California. The Airport Authority is proposing to adopt a mandatory curfew prohibiting all takeoffs and landings between 10:00 p.m. and 6:59 a.m. with limited exceptions, which would significantly reduce nighttime noise.
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FAA Proposes $300,000 Fine Against American Air. --- Reuters, March 18, 2010
The Federal Aviation Administration has proposed the second fine in a week against American Airlines for alleged maintenance violations. The FAA says American mechanics misdiagnosed a problem with the heater on an MD-82 air speed sensor in 2009 that should have restricted when the plane could fly; the work was deferred and the aircraft flew five regularly scheduled flights before the mistake was corrected.
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Los Angeles World Airports Executive Encourages Congress to Re-Examine Airport Funding Formulas. --- PR Newswire, March 18, 2010
Los Angeles World Airports Executive Director Gina Marie Lindsey spoke before the Appropriations Committee of the House Sub-Committee for Transportation, Housing, and Urban Development on Thursday, March 18, 2010, and stressed the need for changes in how federal funds are allocated to U.S. airports. Ms. Lindsey said permanent exemption from the alternative minimum tax for public-use airport project financing, redistribution of federal airport improvement grants toward airports serving higher numbers of passengers, and increasing the cap on passenger facility charges will help airports keep the money they earn so they can reinvest in their facilities. She also said that increased funding for the state-of-the-art NextGen technology will help the Federal Aviation Administration “significantly improve” the efficiency and safety of the nation’s air traffic system.
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Survey Cites Anchorage Airport as Continent’s Second Best. --- Flight Source, March 20, 2010
A recent Air Cargo World magazine survey ranked Ted Stevens Anchorage International Airport in Alaska as North America’s second top aviation cargo facility, behind only Memphis, Tennessee. Performance, value, facilities, and operations were evaluated to determine the rankings. The airport has nearly completed a multi-year project that would allow it to handle the largest cargo aircraft in accordance with Federal Aviation Administration standards, and it recently modified many of its cargo parking spots to accommodate these larger aircraft, providing the utmost in convenience for the cargo carriers.
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Garfield County Airport Project Needs Another $1.5 Million. --- John Colson, Post Independent, March 22, 2010
Garfield County, Colorado officials are asking the Federal Aviation Administration for another $1.5 million for the Garfield County airport improvement project. An added blasting expense has come up, raising the cost of that phase of the project from $11.5 to $13 million. There is no certainty the money will be found, however, and local officials have decided to take some of the FAA funds meant for completing other phases of the project to pay for the blasting work. The officials said they will not worry about the funding gap unless the FAA is unable to come through with the $1.5 million.
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State Lawmakers Try to Resuscitate Airport Project. --- Mike Russo, Valley Independent Sentinel, March 22, 2010
Local officials in Oxford, Connecticut hope a revised law will restart a $33 million construction project at Waterbury-Oxford Airport, a project that has been delayed because the state’s Office of Policy and Management terminated the project on the grounds that the environmental report prepared for it did not come from the state’s Department of Transportation. State senators Rob Kane and David Labriola presented a bill to the state Transportation Committee earlier this month to consider altering the environmental law now delaying the project, with the purpose of the bill being to change the wording of the regulation to allow the state to accept the Oxford Airport project report and let the project move forward. Click here to read more

Whistleblower: FAA Allowed Southwest to Operate Unsafe Planes. --- Kris Alingod, All Headline News, March 22, 2010
The Office of Special Counsel, a government watchdog, says the Federal Aviation Administration allowed Southwest Airlines to operate dozens of unsafe planes that had not complied with federal airworthiness requirements, the second time the FAA has been found to have let the airline fly unsafe aircraft. The report stems from allegations by a whistleblower, an FAA safety inspector assigned to the Southwest Airlines Certificate Management Office in Irving, Texas.
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Senate Passes $34.5 Billion FAA Bill. --- Vicki Needham, The Hill, March 22, 2010
The Senate passed a $34.5 billion bill funding the Federal Aviation Administration through September 2011 on Monday, March 22, 2010. The measure will upgrade the nation’s aging air traffic control system, limit tarmac delays for passengers, and increase taxes on several areas within the aviation industry. An additional $276 million in revenue will be raised from the expansion of several taxes. The bill remains to be ironed out in a House-Senate conference.
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FAA Proposes $1.45 Million Civil Penalty Against Northwest Airlines. --- Federal Aviation Administration, March 23, 2010
The Federal Aviation Administration has proposed a $1.45 million civil penalty against Northwest Airlines. The agency alleges that the carrier operated a number of its Boeing 757 aircraft without proper windshield wiring inspections, out of compliance with a 1990 FAA airworthiness directive on Boeing 757s required inspections for the presence of undersized wires in the heating system for both the captain’s and first officer’s windows.
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Air Traffic Control at Boise Airport Will Not be Moved Hundreds of Miles Away. --- 670 KBOI, March 23, 2010
The Terminal Radar Approach Control (TRACON) will stay in Boise, Idaho, as the recently passed Federal Aviation Administration Reauthorization Act contains language that prevents the agency from moving Boise’s TRACON to Salt Lake City in Utah. The FAA said the move would save $24 million, but Boise city officials and Idaho’s congressional delegation said it would compromise passenger safety.
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U.S. Set to Expand Role in Protecting Air Travelers. --- Susan Stellin, The New York Times, March 22, 2010
A new rule allowing travelers to get off a plane stuck on the tarmac for more than three hours along with others adopted by the Transportation Department demonstrate the government’s increased effort to protect passenger rights. These rules--the Enhancing Airline Passenger Protections--will go into effect April 29, 2010. Other polies include requiring more disclosure about airline delays before a ticket is purchased and requiring airlines to publish plans outlining how they will deal with long tarmac delays.
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Senate Acts to Halt Crater Lake Tourist Flights. --- Jeff Mapes, The Oregonian, March 22, 2010
Under an amendment attached to the Federal Aviation Administration reauthorization bill, officials at Crater Lake National Park in Oregon will be allowed to ban air tours over the park. The current law dictates that the FAA and the National Park Service are supposed to work on joint air tour management plans for national parks, but Senator Ron Wyden, one of the sponsors of the amendment, said that this process has not worked. The amendment would allow the park service to simply ban such flights under its own authority.
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2 Airlines Reach Deal to Give Up Flight Slots. --- Jad Mouawad, The New York Times, March 22, 2010
Delta Airlines and US Airways have agreed to give up 20 pairs of takeoff and landing rights at LaGuardia Airport in New York and Ronald Reagan National Airport in Washington, D.C., to gain federal approval for a larger exchange of those rights between the two airlines, but it falls short of what the Federal Aviation Administration has requested. The airlines are pressing for approval of a deal in which Delta would give 42 pairs of slots, daily landing or takeoff rights, at Reagan National to US Airways in exchange for 125 pairs at LaGuardia. In comments about the deal the FAA said the competitive environment would become significantly more concentrated if the airlines did not give up any slots, and Southwest Airlines has also said the slot trade represents a “division of markets that is designed to eliminate existing competition.”
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Aviation Organizations Applaud Senate on Passage of FAA Reauthorization Bill. --- Aircraft Maintenance Technology, March 23, 2010
The National Air Transport Association and National Business Aviation Association have both praised the Senate for passing legislation to reauthorize the Federal Aviation Administration and continue transformation to a Next Generation Air Traffic Control.
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Oakland Airport Not For Sale. --- Cecily Burt and Kelly Rayburn, Oakland Tribune, March 24, 2010
Port of Oakland officials say Oakland Airport in California is not for sale never has been for sale. A local television channel had reported that the port had considered selling off its airport division to help solve a $1.5 billion budget deficit, but while port staff did consider last year whether it made sense to privatize the airport by leasing it to an outside company, the port never had any intention to sell it. Port staff and directors are crafting a five-year strategic plan to reduce the deficit and streamline passenger operations portwide, but selling the airport is not part of the plan and a long-term lease agreement is also not an option.
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FAA Issues Safety Warning for Homemade Planes. --- Joan Lowy, Associated Press, March 25, 2010
Federal Aviation Administration officials warned pilots on Thursday, March 25, that high-performance homemade planes are likely to stall at higher speeds and have been involved in a disproportionately large number of fatal accidents. A Lancair plane, which is built from kits, killed a beach jogger last week in South Carolina.
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Editorial: Airlines’ Requests for Tarmac-Waiting Exemptions Are Extremely Off-Course. --- The Voice of Aurora, The Aurora Sentinel, March 25, 2010
A growing list of airlines are asking the Federal Aviation Administration for an exemption to new laws limiting how long airlines can keep passengers hostage on parked planes because of weather or traffic. These exemptions should not be granted for any reason, as incidents of keeping passengers on planes for lengthy amounts of time are inhumane and inexcusable. FAA officials have dismissed any and all airline requests for exemptions thus far, as well they should.
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Senate Completes FAA Extension. --- Vicki Needham, The Hill, March 25, 2010
The Senate completed work on a three-month extension of the Federal Aviation Administration reauthorization bill, pushing the expiration date to July 3, 2010. The temporary measure provides funds for the Airport Improvement Program, FAA operations, facilities and equipment programs, and research, engineering, and development programs. The House and Senate are expected to meet in the next few months to reconcile differences on a longer-term FAA reauthorization.
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February 12, 2010 - Aviation and Airport Development Updates

February 12, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Families of Those Lost in Crash of Flight 3407 Angry With FAA. --- Scott Brown, WGRZ, February 6, 2010
The families of the victims of Flight 3407 are increasingly frustrated and angry with the Federal Aviation Administration, critical of what they see as the agency’s inaction. They are pushing for first officers on regional airlines to have the same flying experience as the pilot’s, but Randy Babbitt, FAA Administrator, said while numbers might be important, the FAA needs to take “a hard look” at all of the elements of training a pilot has been exposed to. The families are now shifting their focus to Congress, where the House has already passed a flight safety bill and the Senate has a similar bill.
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No Way to Run Airlines: FAA Has Done Nothing About Roots of Buffalo Crash. --- New York Daily News, February 8, 2010
The Federal Aviation Administration has done little about the safety lapses that were partially responsible for last year’s crash of Colgan Air Flight 3407 near Buffalo, New York. Despite repeated pressure from the National Transportation Safety Board, which made recommendations “time after time,” the FAA ignored them and has a reputation of long and ineffectively attempting to cajole the airlines into reforming themselves.
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Pilots Risk All for Low Hours, Low Pay. --- Miles O’Brien, Marketplace, February 9, 2010
Regional airlines like Colgan have been involved in every one of the last six fatal commercial airline crashes in the U.S. Safety sometimes takes a bottom line at these airlines because they are often paid by the majors on the number of flights they complete, and not the number of passengers they carry. Pilots, too, are only paid for the hours they fly though they may be on duty for many more; as a result they are underpaid and overworked. The current pay scheme could and seems to have undermined safety, though the Regional Airlines Association president insisted profit never trumps safety.
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FAA May Consolidate Northern Ohio Air Traffic Controllers for Efficiency’s Sake. --- Associated Press, February 5, 2010
The Federal Aviation Administration is proposing to consolidate air traffic control operations for Akron, Mansfield, Toledo, and Youngstown airports at Cleveland Hopkins International Airport in Ohio. The agency said no decision has been made and the upgraded Cleveland facility will not be ready before 2015, but that the proposal is considered an efficiency move. The controllers union opposes the move, asserting that emergency flights would be denied contact with controllers who know the local terrain.
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Airport Meeting Yields Ideas, No Decisions. --- Brad Dicken, The Chronicle-Telegram, February 5, 2010
Lorain County, Ohio officials had a private meeting with pilots, condominium owners, and others with a vested interest in Lorain County Regional Airport, but no decision was reached on whether the airport will not be closed. County commissioners intended to close the airport January 15 but faced opposition from airport users and the Federal Aviation Administration, which warned the county it could face a federal lawsuit to keep the airport open. The county is examining ways to increase traffic and thereby revenue at the airport, and how to get federal stimulus money to improve the airport.
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Airport Asks for FAA Help to Keep Wanderers Off of Taxiway. --- Andrew Travers, Aspen Daily News, February 8, 2010
Airport officials for Sardy Field in Colorado have requested the Federal Aviation Administration visit the airport and observe the number of people walking into an area where planes taxi to and from the runway in the section reserved for private jets. The phenomenon is potentially dangerous and the airport is hoping the FAA can assist in brainstorming a way to stop it. Airport director Jim Elwood pointed out that none of these incidents have interfered with flight traffic or put anyone in danger, but said the airport just wants to ensure it is operating at “the highest standard of safety.”
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Agencies to Fault American on Maintenance. --- Andy Pasztor, The Wall Street Journal, February 9, 2010
The Department of Transportation’s inspector general will soon release a report outlining apparent failures by AMR Corp. to identify and promptly resolve aircraft maintenance problems in 2008. American Airlines will be under sharp criticism from the DOT and the Federal Aviation Administration, which both accuse it of serious maintenance lapses.
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Southwest Airlines Facing FAA Safety Investigation. --- Dave Michaels, The Dallas Morning News, February 9, 2010
In the third such investigation in two years the Federal Aviation Administration is examining violations of safety directives by Southwest Airlines. FAA inspectors believe Southwest and a Seattle-area repair station failed to follow federally approved procedures when they carried out repair work on sections of the fuselage. The FAA could levy a fine in the tens of millions of dollars because 44 planes flew more than 100,000 flights while out of compliance. The agency has also become stricter in regards to federal airworthiness regulations after a 2008 congressional investigation found some FAA officials in North Texas became too “cozy” with carriers like Southwest.
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American Airlines, Southwest, FAA Under Fire. --- Gary Stoller, USA Today, February 10, 2010
The Federal Aviation Administration is investigating both American Airlines and Southwest Airlines over aircraft maintenance problems. The investigations may result in the biggest fines in aviation history and could approach the $10.2 million fine the agency proposed against Southwest two years ago. The FAA itself is under scrutiny as the Transportation Department’s inspector general will soon release an audit criticizing the FAA for its lax maintenance oversight of American.
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Report: American Airlines May Face Eight-Figure Fine. --- Triangle Business Journal, February 10, 2010
Though sources told the Associated Press that the Federal Aviation Administration could hit American Airlines with a fine similar to the $10.2 million penalty assessed against Southwest Airlines in 2008, an FAA spokesman said the investigation was not finished and that it was too early to speculate on the amount. The investigation was launched in 2008 after safety concerns were raised about nearly 300 of the carrier’s MD-80 aircraft: improper bundling of wires in the wheel well posed a fire hazard. The problem has been fixed but the probe uncovered other possible irregularities and violations in American’s maintenance operations.
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DOT Temporarily Grants Delta/US Airways Slot Waiver. --- Department of Transportation, February 9, 2010
The Department of Transportation has tentatively decided to grant the waiver requested by Delta Airlines and US Airways to proceed with their proposed slot swap transaction at Reagan Washington National Airport and New York’s LaGuardia Airport. The airlines are required to sell some of their slot interests to carriers with no or limited service at the two airports, to lessen the harm to consumers that might otherwise result from the two airlines’ increased dominance there.
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Delta, US Airways May Call Off Slot Swap. --- Andrew Compart, Aviation Week, February 11, 2010
Delta and US Airways said they will cancel their slot swap deal at Washington National and New York LaGuardia airports if the Federal Aviation Administration does not change the conditions it wants to attach to approval of the transaction. The carriers believe that the requirement to sell some of their slot interests to carriers with no service or limited service at the two airports would negatively impact consumers and the economic benefits created by the swap. The FAA’s decision is not final and interested parties have 30 days to comment on the tentative decision before it is made final or finalized with changes.
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FCC Joins Search for Solution to Airport’s ILS Woes. --- Walt Nett, Avalanche-Journal, February 10, 2010
The Federal Communications Commission has joined the Federal Aviation Administration in searching for the causes of interference that have plagued the instrument landing system at Lubbock Preston Smith International Airport in Texas for more than a week. An FAA check airplane flew several approaches and gave the system a clean bill of health on Tuesday, February 9, but pilots later began reporting sporadic interference with the signal.
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Time for the City to Privatize Midway Airport. --- Jerry Roper, Chicago Tribune, February 10, 2010
Mayor Richard Daley should affirm his commitment to privatization of Midway Airport in Chicago, Illinois, an initiative that could provide money for infrastructure improvements and shore up public pensions. Midway has become a phenomenal success story under the mayor’s leadership, but it must be privatized for the city to tap into its value. Economic conditions are significantly better than they were two years ago when a similar plan to privatize the airport fell through, and the mayor will hopefully relaunch the long-term lease of Midway soon.
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Modifications Could Affect Local Airport., --- Crystal Tatum, Newton Citizen, February 10, 2010
A Federal Aviation Administration proposal to expand airspace for Class B commercial aircraft at Hartsfield-Jackson Atlanta International Airport in Georgia could affect aviators at nearby Covington Municipal Airport and city and county residents. The proposed changes come in response to air traffic controllers’ having difficulty spotting aircraft in the current airspace. The modifications would mean more noise and more traffic congestion as all the larger aviation will be flying closer to the ground and pushing general aviation below them.
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Smaller Jets Gain Bigger Role at O’Hare. --- Chicago Tribune, February 11, 2010
Smaller jets are taking on a larger role at Chicago’s O’Hare International Airport, with United and American Airlines, the airport’s two major tenants, scheduling two regional jet flights for every one flown on larger jets. The airlines are making the changes because the regional jets are cheaper to fly and they are increasingly deployed for travel to big cities such as Boston, New York, and Miami, but passengers are not thrilled as the regional jets are less comfortable. Aviation consultants say airlines’ increased reliance on regional jets is a trend that is not likely to abate in the future.
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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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Airport to Conduct Study on Wildlife Hazards for Planes. --- Eve Byron, Independent Record, February 12, 2010
Helena Regional Airport in Montana is undertaking a wildlife hazard assessment over concerns about the potential of a devastating collision between birds and airplanes. The one-year study, paid for with $125,000 from the Federal Aviation Administration, will look at birds, deer, elk, and other wildlife that could cause problems at the 13,050-acre airport. A qualified airport wildlife biologist will be hired to complete the study and that person will also look at wildlife habitats in and around the airport, and may be able to make suggestions, like changing flight patterns if birds are a problem.
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