Aviation and Airport Development Law : Aviation Lawyer & Attorney : Dr. Barbara E. Lichman : Airport Development, Environmental Law

On Wednesday, July 29, 2009, the bipartisan leadership of both the Committee on Transportation & Infrastructure and the Subcommittee on Aviation introduced H.R. 3371, the "Aviation Safety Bill" designed to "enhance airline safety by setting new training and service standards for commercial pilots."  This bill came primarily as a response to the Senate Commerce Committee's passage of its version of the FAA Reauthorization Bill (S. 1451), which included aviation safety measures such as a call for the National Academy of Sciences to conduct a study on pilot fatigue and requiring the FAA to establish and maintain a pilot employment, training, and testing database.

After the passage of the House FAA Reauthorization Bill (H.R. 915), hearings were held regarding aviation safety, particularly in response to the crash of Flight 3407 in Buffalo, New York.  As ranking member Thomas E. Petri (R-Wis.) stated at the press conference announcing the bill: "the Buffalo crash and the subsequent Aviation Subcommittee hearing revealed some troubling questions in terms of training, development, and the working environment of pilots - particularly at regional airlines."

The Press Release from the Transportation & Infrastructure Committee indicated that the bill:

• Requires FAA to ensure that pilots are trained on stall, recovery, upset recovery, and that airlines provide remedial training;
• requires airline pilots to hold an FAA Airline Transport Pilot license (1,500 minimum flight hours required);
• Establishes comprehensive pre-employment screening or prospective pilots including an assessment of pilot's skills, aptitudes, airmanship and suitability for functioning in the airline's operational environment;
• Requires airlines to establish pilot mentoring program, create Pilot Professional Development Committees, modify training to accommodate new-hire pilots with different levels and types of flight experience, and provide leadership and command training to pilots in command;
• Directs FAA to update and implement a new pilot flight and duty time rule and fatigue risk management plans to more adequately track scientific research in the field of fatigue.  It also requires air carriers to create fatigue risk management systems approved by FAA.
• Requires the Department of Transportation Inspector General to study and report to Congress on whether the number and experience level of safety inspectors assigned to regional airlines is commensurate with that of mainline airlines;
• Mandates that the first page of an internet website that sells airline tickets disclose the air carrier that operates each segment of the flight;
• Directs a National Academy of Sciences study on pilot commuting and fatigue,;and
• Requires the Secretary of Transportation to provide an annual report to Congress on what the agency is doing to address each open National Transportation Safety Board recommendation pertaining to commercial air carriers.

Once the Senate FAA Reauthorization bill is voted on (and presumably passed) by the full Senate in the Fall, this bill along with H.R. 915, will go to House-Senate conference committee.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The U.S. House Subcommittee on Aviation met on September 25, 2008 to receive testimony on runway safety.  This hearing was a follow-up to the Subcommittee's February 13th hearing.  Rep. Jerry Costello (D-Ill.) stated in his opening remarks that although the U.S. air transportation system is the safest in the world, there remain many issues to be addressed to keep it that way.  In particular, he was concerned about the fact that although air traffic is down by 3% for the first six months of 2008 compared with 2007, runway incursions are up slightly.  While agreeing that the FAA is headed in the right direction with respect to the development and the deploying of new runway technology, Rep. Costello wanted the FAA to address the very real human factors that the GAO raised in the previous hearing, i.e., the air traffic controller shortage and the adequacy of the training of air traffic controllers.  Rep. Costello specifically mentioned the serious runway incursion that occurred at Lehigh Valley International Airport in Allentown, Pennsylvania, on September 19, 2008, where a trainee failed to notice that a small single engine airplane had not yet vacated the runway prior to allowing a regional jet to take-off on the same runway.  It was reported that 35% of the controllers at the tower at Allentown are trainees.

With respect to the increase of runway incursions, Hank Krakowski, FAA's Chief Operating Officer, explained that after the FAA adopted the International Civil Aviation Organization's (ICAO) definition of "runway incursion," it has seen a spike in incursions due to the more inclusive nature of the ICAO definition.  That being said, Mr. Krakowski spent most of his time offering an update about the technological innovations and the progress on the testing in the field.  However, Mr. Krakowski did not address Rep. Costello's concerns head-on.  Although he addressed some of the "human factors," by mentioning certain procedural changes and a "first ever" fatigue symposium (which are, by all accounts, steps in the right direction), he did not mention anything about staffing levels and quality of the training.

The necessity of the FAA to increase its focus on the "human factors" was echoed in Dr. Gerald Dillingham's, GAO's Director of Physical Infrastructure Issues, testimony.  Dr. Dillingham stated that the FAA is making progress in continuing to develop and test new technology, promoting changes in airport layout, markings, signage and lighting and issuing new air traffic procedures, but still could focus more on the human factors.  The GAO believes that increased training for pilots and air traffic controllers could help address the human factors issues.

Mr. Patrick Forrey, President of NATCA, found himself in the position of reiterating NATCA's previous recommendation.  Mr. Forrey called for Local Airport Committees for Runway Incursion Prevention, proper staffing of Air Traffic Control Towers, increased modernization of technological components, use of "end-around" taxiways and staggered arrivals into intersecting runways.

Written Testimony provided by:

• Mr. Hank Krakowski, Chief Operating Officer, Air Traffic Organization, Federal Aviation Administration;
• Dr. Gerald L. Dillingham, Director Physical Infrastructure Issues, Government Accountability Office;
• Mr. Patrick Forrey, President, National Air Traffic Controllers Association;
• Capt. John Prater, President, Air Line Pilots Association, International;
• Mr. James M. Crites, Executive Vice President of Operations, Dallas/Fort Worth International Airport.

For a video of the hearing click here.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

At a May 6, 2008, hearing of the U.S. House Subcommittee on Aviation, the FAA sought to dispel several "myths" concerning the effect that aircraft emissions of greenhouse gases have on the environment.  Coming a little over one month after the EPA announced its plans to issue an Advance Notice of Proposed Rulemaking for aircraft emissions of GHG (see, "EPA Plans to Release an Advance Notice of Proposed Rulemaking Emissions" below),  Daniel K. Elwell, Assistant Administrator, Office of Aviation Policy, Planning and Environment, testified that there were three myths that needed to be put to rest.  First, Mr. Elwell stated that aircraft emissions account for only 3% of GHG emissions, and “the largest aviation market in the world is burning less fuel today than in 2000.”  Indeed, Mr. Elwell, said, aviation in general and aircraft in particular are becoming more fuel efficient, now outstripping automobiles in terms of energy intensity - that is automobiles burn more BTUs per passenger mile than aircraft.  This increase in fuel efficiency and the attend reduction in GHG emissions was one of the primary themes of several other witnesses as well:

• Bill Glover, Managing Director, Environmental Strategy, Boeing Commercial Airplanes;
• James C. May, President and CEO, Air Transport Association of America, Inc.;
  
• Douglas E. Lavin, Regional Vice-President (North America), International Air Transport Association; and
  
• James K. Coyne, President, National Air Transportation Association.

Second, Mr. Elwell stated that CO2 emissions by aircraft at altitude do not have any more (or any less) effect on climate change than CO2 at ground level.  David H. Fahey, a research physicist for NOAA, has a small issue with that statement, when he responded to Rep. Ehlers' question about the effects of emissions.  Dr. Fahey stated that although CO2 does not affect atmosphere any differently at altitudes, nitrous oxides, a component of aircraft emissions, do.  That, in turn, affects ozone creation and methane. “That aspect of aviation is one that stands out,” Dr. Fahey stated. Moreover, Dr. Fahey continued, aircraft emission create water vapor in the upper atmosphere, i.e., contrails, which in turn creates clouds, which in turn creates "radiative forcing," a primary element of climate change.

Finally, Mr. Elwell wanted to make clear that the U.S. was not falling behind Europe in terms of environmental impact of aircraft emissions.  European aviation emissions, Mr. Elwell testified, have increased three times faster in recent years than U.S. emissions. He says that the U.S. is happy to participate in market-based environmental initiatives, as long as they are “based on mutual consent.”

This led to perhaps the testiest exchange, though came when the Subcommittee heard from Ambassador John Bruton, Head of the Delegation of the European Commission to the United States.  Ambassador Bruton testified about the controversial inclusion of aviation in EU's Emission Trading Scheme.  He believed that because aviation emits far more CO2 than other industries included in ETS, such as steel and oil, aviation must be included in the ETS.  Everyone seemed to acknowledge, however, that ICAO was the proper forum, although Ambassador Bruton indicated that the EU has attempted to go that route, but did not receive any indication that ICAO would take any action.  The members of the Subcommittee apparently did not cotton to the idea that the EU was taking the lead on this issue.  It also should be pointed out that the Lieberman-Warner Bill, currently before the Senate contains an emissions trading program.

Dr. Gerald L. Dillingham, Director, Physical Infrastructure Issues, for the U.S. Government Accountability Office also testified.  It was his belief that the aviation inductry could achieve significant reductions in emissions through the use of "Next Generation Air Transportation System" (NextGen) and an increase in research and development to promote such technologies as biofuels and fuel cells.  NextGen involves new technologies and air traffic procedures that can reduce aviation emissions and incorporates research and development on emissions-reducing technologies.

In short, the industry stated that it was making strides toward fuel efficiency, which would lower the amount of GHG emissions, although a more fuel efficient fleet would also increase the airlines' and aircraft manufacturers' bottom line, as well.  The government pointed to (reasonably) successful efforts made in better management of the airports and airways.  What remains to be seen is what action, if any, the House will take.

Also testifying:

• Captain Mary Ann Schaffer, Chairperson, Air Lines Pilots Association;
• Mark M. Reis, Managing Director, Seattle-Tacoma International Airport;
• Richard L. Altman, Executive Director, Commercial Aviation Alternative Fuels Initiative; and
• Opening Remarks of Subcommittee Chair, Rep. Jerry F. Costello.

For video of the session, click here for Panel I and here for Panel II.

• Email This
• Print
• Comments
• Trackbacks
• Share Link