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

The Los Angeles Times reports that, while economic conditions are slowly improving throughout most of the nation, including most of California, California’s Inland Empire, comprised of Riverside and San Bernardino Counties is not so fortunate. The Times reports that the volume of home sales in San Bernardino County dropped 18.3% from last June, and in Riverside County 14.7%. Similarly, jobs fell throughout the Inland Empire in sectors such as leisure and hospitality (minus 3,200 jobs in June) and educational and health services (minus 1,300 positions in June). Finally, the region lost 3,900 construction jobs over the year, and more than 75,000 since the peak of construction in June, 2006.

As part of the solution to this ongoing problem, the City of Ontario and County of San Bernardino have joined together to negotiate a return of Ontario International Airport (“ONT”), operated by the City of Los Angeles through its Airport Department, L.A. World Airports (“LAWA”) since 1967, to local control. ONT has, consistent with the condition of the local economy, seen an approximate 30% decrease in operations since 2007.
 

Local control would be exercised through a joint powers agency comprised of the City of Ontario and San Bernardino County. The benefits of such an arrangement are manifest: (1) local control could eventually escape the onerous employee contractual requirements which burden Los Angeles and add substantially to airline costs; (2) local control could avoid the inherent conflict of interest which has inhibited LAWA from allowing airlines to divert to ONT rather than concentrating service at LAX, with consequent financial benefits to LAX and disbenefits to ONT in the form of lost landing, concession and other fees; (3) local control takes into account local needs, preferences and conditions, with historically greater success in attracting airline incumbents and passengers and stimulating airport development; and (4) with successful airport development, theory and practice amply demonstrate, comes economic development for the entire region.

Despite ONT’s downward spiral, the transfer of ONT to local control, and its consequent successful development, are opposed by the City of Los Angeles as an attempt to hijack a “valuable asset.” The irony is that what could have been a valuable asset has been debased under Los Angeles’ control. An answer to the woes of the region in general, and ONT in particular is clear – return ONT to local control where it will be understood and exploited to its full potential as a “valuable asset,” not just to Los Angeles alone, but to the entire Southern California region.
 

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Yet another project at Los Angeles International Airport (“LAX”) has skated under the requirements of the California Environmental Quality Act (“CEQA”). The project, the “American Airlines Commuter Facility Improvement Project,” allegedly constitutes a mere replacement of the facilities once occupied by United Airlines. Not exactly. The project actually includes, but is not limited to: (1) more than doubling the size of the passenger terminal/administration building to add passenger accommodations and office space; (2) addition of an almost 10,000 square foot building for baggage handling, office space and storage; and (3) replacement of a remote gate, accessed by foot or bus, with an enclosed contact gate such as those which are used inside the main terminals.

Despite the expansionary nature of the project, Los Angeles World Airports (“LAWA”), the Department of the owner, City of Los Angeles, responsible for operating LAX does not give so much as a passing nod to compliance with CEQA. If the project could simply be described as “new lease with American Airlines,” as a recent “Transmittal for Review of LAX Tenant Improvement Project” would have the public believe, the omission to conduct environmental review might be justified by a categorical exclusion from CEQA, 14 Cal. Code Regs. section 15301. That exclusion, however, does not apply here. The project, far from being “negligible” in scope, clearly constitutes a massive expansion of the previous passenger hold room and other passenger serving facilities.
 

This substantial enlargement of the passenger hold room and other accommodations has both capacity enhancing and cumulative impacts. In fact, its obvious purpose is to allow the accommodation of double the number of American Eagle passengers than could have been handled in the previous facility.

Finally, to add injury to insult, the approval of the project without environmental review also skirts around the settlement in City of El Segundo, et al. v. City of Los Angeles, et al., Riverside County Superior Court Case No. RIC426822. The gravamen of that settlement was limitation on capacity defined by number of passengers. Similarly, a “regionalization” provision was included and agreed to for the express purpose of working toward diversion of passengers to other airports. Increasing the size of the American Airlines Commuter Facility clearly increases “capacity” and, thus, is far from the negligible impact properly excused by a categorical exclusion.

In short, LAWA appears to be “piecemealing” the full scope of the redevelopment of LAX. If so, LAWA is in clear contravention of both California law and its contractual obligation under the Settlement Agreement with surrounding communities.
 

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It's a good thing that Los Angeles World Airports (LAWA) has finally begun to pull the mask of safety from its plan to move Runway 24R in the Los Angeles International Airport (LAX) North Airfield Complex closer to Westchester Homes. According to the Federal Aviation Administration (FAA), only three of the total twelve runway incursions reported at LAX during FY 2010 occurred on the North Airfield. This follows a long pattern of imbalance of incursions preponderantly occurring on the South Airfield.

 

On Friday, October 8, 2010, the FAA announced that the number of minor runway incursions at LAX increased from eight in FY 2009 to twelve during the fiscal year that ended September 30, 2010. No serious incursions that could endanger aircraft or passengers were reported at LAX during FY 2010. Nationwide, the number of serious runway incursions dropped from twelve in FY 2009 to eight in FY 2010. According to FAA officials, ten of the LAX incursions were caused by pilots who strayed across “hold lines,” while two were caused by air traffic controllers. Three of the incursions occurred on the North Airfield and nine were reported on the South Airfield, where LAX officials recently spent $83 million to further separate two parallel runways and add a centerline taxiway in an effort to reduce incursions on the South Airfield.

The FAA comparison of North and South Airfield runway incursions, showing three times as many incursions on the South Airfield as on the North Airfield, follows the recent LAX North Airfield Safety Study which found that the North Airfield is safe as presently configured, and that LAX officials’ plans to further separate the North Airfield runways and add a parallel center taxiway cannot be based on increased safety reasons.

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The Los Angeles International Airport North Airfield Safety Study Final Report (“Final Report”), published on May 11, 2010, looks very much like the draft. The Final Report, like the draft, concluded that no safety problem exists on the two runways of the North Airfield. It further concludes that an additional separation of the runways by 340 feet is unnecessary for safety purposes, although useful for increasing capacity. Finally, the study concludes that an additional separation of 100 feet, originally proposed by the Cities of Inglewood and El Segundo, which would allow the addition of a center taxiway, would be sufficient to accommodate any remaining safety concerns. The study, however, reaches the correct conclusions for the wrong reasons.

The Final Report, like the draft, ignores the study’s original directive from the Board of Airport Commissioners, to determine the impact of the various runway configurations on the incidence of runway “incursions,” or the conflict of two or more aircraft or vehicles on a runway. Instead, it concentrates on runway collisions and fatalities, an infinitesimally small subset of incursions in general. Moreover, also like the draft, the Final Report declines to cite the sources of the data used in reaching its conclusions.

Finally, and perhaps most crucially, Los Angeles World Airports didn’t have to spend almost half a million dollars on six eminent professors (none of whom have any hands on expertise in air traffic control) to determine that the North Runway Complex is safe. In 2006, the City of Inglewood submitted an analysis which conclusively demonstrated, using Federal Aviation Administration data: (1) the relative absence of incursions on the North Airfield between the years 2000 and 2006; and (2) the minor nature of the incursions that did occur. The Cities of Inglewood and Culver City's comments on the Draft North Airfield Safety Report updated that analysis, but lead to the same conclusion.

In summary, the Board of Airport Commissioners spent valuable dollars to reconfirm a view long held by the pilot and controller community, and reflected in their comments on the draft report and surveys taken as part of the creation of the North Airfield Safety Study - the North Runway Complex at LAX would be as safe as humanly possible with: (1) a center taxiway; (2) better runway lighting and marking; and (3) better pilot and controller training. Additional separation of 340 feet would be throwing good money after bad.

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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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February 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.

 

Watchdog Finds Aircraft Maintenance Problems at American Airlines, Calls FAA Oversight Weak. --- Joan Lowy, Associated Press, February 18, 2010
According to a report released Thursday by the Department of Transportation’s Office of Inspector General, the Federal Aviation Administration’s lax oversight of aircraft maintenance at American Airlines raises concerns about the agency’s ability to regulate aircraft maintenance in general. At least four maintenance-related allegations made two years ago have “potential safety implications,” and despite a significant increase in maintenance problems at American, the FAA did little to address the issues. The report questions the FAA’s effectiveness and notes that the FAA only ever took action after the department had briefed agency officials on the need for them.
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FAA: Body Falls From Miami-Bound Airplane. --- The Denver Channel, February 18, 2010
A person’s body fell from a wheel well of an airplane leaving the Dominican Republic for Miami on Thursday, February 18. The body was recovered in the Dominican Republic.
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State Statistics on General Aviation Pilots, Aircraft, Airports. --- Scripps Howard News Service, February 18, 2010
The Scripps Howard News Service, drawing on information from the Federal Aviation Administration and other sources, has released state-by-state statistics on total general aviation pilots, aircraft, and public and private airports.
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FAA Rules Wouldn’t Stop IRS Attack. --- Des Moines News, February 18, 2010
Despite a “huge compilation” of rules and regulations, the Federal Aviation Administration could not have prevented the incident on Thursday, February 18, in which a man flew a small plane into an Austin, Texas Internal Revenue Service building. The regulations are designed to protect people in the skies and on the ground, but could not have stopped the pilot from intentionally flying into the building. The FAA attempts to prevent situations like the February 17 incident from occurring by requiring every pilot to have regular flight physicals and requiring pilots to be in contact with a control tower before takeoff and later with air traffic control, as well as mandating minimum distances that pilots must stay away from the ground.
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Keeping Watch Over Private Planes Difficult. --- Ben Wear, American-Statesman, February 19, 2010
Federal agencies regularly make attempts to monitor general aviation pilots and planes, particularly after 9/11, with various pilot requirements and background checks, but none of that would likely have made a difference in stopping Andrew Joseph Stack III and the Piper Cherokee plane he is suspected of purposely flying into an office building on Thursday, February 18. Little can be done about a “deranged” person who wants to do damage, and even if Stack had been required to file a flight plan and thereby trigger some scrutiny by air traffic controllers, nothing would have prevented him from veering off path and hitting his target. Jay Carpenter, former president of the Texas Aviation Association, also noted that Stack chose possibly the “least-effective” weapon he could have used, pointing to the relatively light weight of most private aircraft, including Stack’s plane, and the relatively low number of people killed and hurt.
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FAA, Los Angeles Clash Over Airport. --- Andy Pasztor, The Wall Street Journal, February 19, 2010
The Federal Aviation Administration wants Los Angeles International Airport to reconfigure its two northern runways to prevent airliners from blundering onto the wrong strip, but a recent report commissioned by the city from outside experts determined that it was not necessary to relocate one of the runways. The FAA maintains that increasing the distance between the runways is the surest way to reduce the likelihood of planes mistakenly rolling into the path of other aircraft, a significant issue at LAX, which led major U.S. airports in serious near-collisions on the ground. Los Angeles Mayor Antonio Villaraigosa and airport leaders balk at what would be a roughly $500 million project, and such construction plans would also face neighborhood opposition.
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NASA Study: LAX’s North Runways are Safe. --- Associated Press, February 19, 2010
A NASA study finds that chances of a collision are so low that a project to reconfigure two runways at Los Angeles International Airport would only marginally increase safety. In response, the Federal Aviation Administration contends that conclusions that the north airfield is “safe enough now” are not an argument against doing everything possible to make it safer. City Mayor Antonio Villaraigosa says that barring other findings that would indicate safety issues, the city will not move the runway.
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Redefining Safety at LAX. --- The Los Angeles Times, February 22, 2010
The recent NASA study finding that a runway relocation project would not be worth the cost, despite Federal Aviation Administration concerns about the runways’ design flaws, should not be the last word on improvements at Los Angeles International Airport. Although the study convincingly assessed that the risk of a deadly accident at the north airfield is very low, it also found that adding 100 feet of separation between the runways would reduce the risk of fatal collisions by 40%, while adding 340 feet would lower the risk by 55%--with the FAA and airlines putting up the $500 million needed for the project, it could be worthwhile.
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GE Faces $1.2 Million Fine for Jet-Engine Repair Procedures. --- Angela Greiling Keane, Associated Press, February 19, 2010
The Federal Aviation Administration has proposed a $1.2 million fine against General Electric’s GE Caledonian unit for “improper” aircraft-engine maintenance procedures at a repair station in Scotland. The agency said that GE used a procedure to remove parts from engine mounts that deviated from the process outlined by the manufacturer’s manual.
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FAA Proposes to More Icing Regulations for Part 121. --- Aviation News, February 20, 2010
The Federal Aviation Administration is proposing additional standards for Title 14 Code of Federal Regulations Part 121 that would require either the installation of ice detection equipment or changes to the flight manual to ensure timely activation of the airframe ice protection system. The new rules are intended to stop accidents when the flight crew is unaware of the ice.
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Small Airports Play Crucial Role in Aviation Security. --- Ted Strong and Chase Purdy, Daily Progress, February 20, 2010
Regional airports have a less visible but not less essential role in aviation security, because people who board planes at regional airports can work their way to any major airport in the country, and from there can board an aircraft without confronting another checkpoint. Steve Elson, a former Federal Aviation Administration counterterrorism team member said security weaknesses are consistent at airports large and small, and charged the Transportation Security Administration’s “thick bureaucracy” with preventing simple, necessary changes from taking place. Elson praises small airports, however, for their efficiency, because smaller airports allow for more hands-on security since the level of technology at such airports is usually low compared with the equipment found at international airports.
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8 Jobs Lost as FAA Unit Consolidates. --- Rome Sentinel, February 22, 2010
The Federal Aviation Administration is consolidating the radar approach control center at Griffiss International Airport in Rome, New York with the operations at Syracuse’s airport. Eight jobs at Griffiss will be affected, but the air control tower that handles landings and takeoffs will continue to operate as usual.
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GAO Issues Preliminary Report on Aircraft Icing and Winter Operations. --- Government Accountability Office, February 24, 2010
The Government Accountability Office has released a preliminary information report on aircraft icing and winter operations, as part of its testimony before the House Subcommittee on Aviation and Committee on Transportation and Infrastructure. The report provides preliminary information on the extent to which large commercial airplanes have experienced accidents and incidents related to icing and contaminated runways, the efforts of the Federal Aviation Administration and other aviation entities to improve safety in icing and winter weather conditions, and the challenges that continue to affect winter weather aviation operations.
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Investigators Call for More Pilot Training on Icing. --- Jerry Zremski, The Buffalo News, February 24, 2010
The Government Accountability Office says that federal regulators could do much more to guarantee that icing will not lead to a fatal plane crash, like ensuring that pilot training is thorough, relevant, and realistic. A GAO representative, testifying at a House Aviation Subcommittee hearing on aircraft icing, said there was data on hundreds of accidents that occurred between 1998 and 2007 that revealed that icing and contaminated runways pose a substantial risk to aviation safety, and that pilots are likely to encounter icing conditions beyond their aircraft’s capabilities at least once in their career. The GAO recommended a closer look at pilot training and urged the Federal Aviation Administration to speed up its efforts to write rules governing the use of aircraft in icy conditions.
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FAA: Willis Airport Decision is on Hold. --- Pat Murphy, Idaho Mountain Express, February 24, 2010
Actor Bruce Willis has proposed to build a single, 8,500-foot, jet-friendly runway for a privately operated field east of Fairfield, Idaho, but the Federal Aviation Administration will not finalize a decision on his plan until a separate study on possible sites for a replacement for Friedman Memorial Airport is completed. The proposed airport’s operational air space would “have an impact” on Visual Flight Rules operations in the air space of an alternative site being studied as Friedman’s replacement. Until the environmental impact study of that alternative site is complete, no resolution on Willis’ proposal will be reached.
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NTSB Wants to Monitor Pilots’ Cockpit Conversations. --- Catherine Holland, Azfamily.com, February 24, 2010
The National Transportation Safety Board is asking that airlines and unions be allowed to use black-box recordings to regularly listen in on pilots’ conversations, but the pilots’ unions are calling the proposal intrusive. The NTSB says the recommendation is not intended to invade privacy, but to monitor what’s happening in the air and make sure cockpit crews are doing their jobs, as well as promote safety by reducing misbehavior and inattention.
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Alaska Airlines to Offer Gogo Internet Service. --- Seattle Post-Intelligencer, February 24, 2010
Alaska Airlines will offer Aircell’s Gogo Inflight Internet service on all of its aircraft. The Gogo service is currently being installed on a Boeing 737-800 and will begin testing to secure certification from the Federal Aviation Administration; once the equipment has been certified for the 737s, the airline will start outfitting its entire fleet.
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Airport Dispute Continues. --- Sophia Aldous, The Statesman Examiner, February 24, 2010
The City of Colville in Washington is looking to relocate Colville Municipal Airport. A committee on the airport relocation process agreed that a new airport is needed, but no single airport site has been selected yet. The goal of the relocation is to improve safety in the air and on the ground, and to provide opportunity for expanded service and stimulate economic development, but there are many in the community who are opposed to a new airport.
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A summary review of Aviation and Airport Development related news and information that was made public during the past week.  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 Monday, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

FAA: 2 Planes Came Within 90 Feet on Ground at LAX. --- Associated Press, October 28, 2009.
The Federal Aviation Administration determined that a runway incursion at Los Angeles International Airport brought two passenger planes within 90 feet of each other on Sunday, October 25, 2009. A Midwest Express jet taxied toward a runway on which a Northwest Airlines Boeing 757 was taking off, though the jet was supposed to stop. The pilots of both planes will be questioned.
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FAA Issues Notice of ROD for FEIS Concerning Proposed Improvement Activities at Rocky GutierrezAirport in Sitka, AK. --- Federal Register, October 29, 2009.
The Federal Aviation Administration gave notice that it had issued a Record of Decision for the Final Environmental Impact Statement and Alaska National Interest Lands Conservation Act Section 810 Evaluation for Proposed Improvement Activities at Rocky Gutierrez Airport in Sitka, Alaska. The ROD included descriptions of the projects proposed by the Airport Sponsor and evaluation of the projects, as well as federal, state, and local actions that are needed prior to the implementation of the projects. The ROD also identified several of the FAA’s preferred and environmentally preferred alternatives, and alternatives selected by the FAA for implementation.
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Military Says Fighters Should Have Been Launched When Northwest Flight Overshot Airport. --- Lolita C. Baldor, Associated Press, October 29, 2009.
A top commander said the military would have launched fighter jets to track down the Northwest Airlines flight that overshot its destination if officials had been notified sooner. General Gene Renuart, head of U.S. Northern Command, learned of the incident only minutes before the Federal Aviation Administration regained contact with the pilots. He said delays must be corrected, and Northern Command is doing an internal review of the incident.
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FAA Finds Proposed Chiofaro Towers a Hazard. --- Casey Ross, Boston Globe, October 29, 2009.
Preliminary Federal Aviation Administration findings indicate that developer Don Chiofaro’s proposed towers near the New England Aquarium will have to be cut in half, because the tower complex with its proposed heights of nearly 800 feet would pose a hazard to planes taking off and landing at nearby Logan International Airport in Boston, Massachusetts. A principal at Chiofaro’s development firm said that the ruling was expected and the company still plans to pursue high-rise development on the property.
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Atlanta Airport Project Gets Stimulus Funds. --- LexisNexis, October 30, 2009.
Hartsfield-Jackson Atlanta International Airport in Georgia was awarded almost $34 million in stimulus funds through the Federal Aviation Administration’s Airport Improvement Program, to help pay for construction of a new terminal. The total cost of the terminal, expected to be completed by spring 2012, is $1.35 billion, and the 12-gate facility will connect to the existing international Concourse E, creating a 40-gate international air travel complex.
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Air Transport Association Urges U.S. Climate Negotiators to Oppose Climate Change Tax Targeting International Air Passengers. --- PRNewswire, October 30, 2009.
The Air Transport Association of America urged climate negotiators to oppose the “International Air Passenger Adaption Levy,” which would single out aviation to raise $10 billion per year for climate-change projects to be built in developing countries, and would likely take the form of an exorbitant climate change tax imposed on airlines and their passengers. In a letter to Todd Stern, the U.S. Special Envoy for Climate Change, the ATA impelled the United States to oppose the tax and instead support the industry’s proactive proposal for a global and sectoral approach to aviation and climate change.
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FAA Issues Intent to Rule on OAK’s Request for a PFC to Connect OAK to BART. --- Federal Register, November 2, 2009.
The Federal Aviation Administration plans to rule on and invited public comment on a proposed Passenger Facility Charge at Metropolitan Oakland International Airport, which would go toward providing a direct people mover connection between the Coliseum Bay Area Rapid Transit station and the airport.
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Federal Officials Reject Restrictions on Night Flights at BobHopeAirport. --- L.A. Now, November 2, 2009.
A request by the Burbank-Glendale-Pasadena Airport Authority for a curfew at Bob Hope Airport in Burbank, California was rejected by the Federal Aviation Administration for being unreasonable because it would create an “undue burden on commerce” and negatively affect the national air transportation system. The FAA found that the airport failed to meet four of the six conditions required of a restriction proposal, and several major cargo companies including Fed Ex and United Parcel Service opposed the implementation of a curfew.
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Hawaii Airport Getting New Control Tower. --- Associated Press, November 2, 2009.
Construction on a new $39 million air traffic control tower at Keahole-Kona International Airport in Hawaii is to begin in December, and is expected to be put into use in May 2012. The current 51-foot tower was built in 1970 to control a 6,500-foot runway, but after it was extended to 11,000 feet in 1993, it was more difficult for controllers to see the north end. The new tower should provide controllers better views of the airfield.
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Small Airports Land Big Money. --- Thomas Frank, USA TODAY, November 2, 2009.
A USA TODAY analysis shows that Congress has steered $1.1 billion since 2001 to “pet projects” at airports that cater to private planes, with approximately $100 million being allocated to low-priority projects. These “earmarks” projects have been criticized for potentially detracting from federal aid that could be used for projects to ease flight delays at the nation’s busiest airports, but a Federal Aviation Administration spokeswoman said that the earmarks account for only 5% of airport grants.
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Stealth-Mode Wind Turbines. --- Peter Fairley, Technology Review, November 2, 2009.
Danish wind turbine company Vestas and United Kingdom defense contractor Qinetiq believe they may have the solution to the wind-turbine-related aviation radar interference problem: the first “stealth” wind-turbine blade. Turbines can interfere with radar by reflecting radar systems’ microwave signals and creating shadows that erase planes from radar operators’ screens and clutter those screens with the turbines’ signature. The stealth blade is constructed of material that absorbs radar, and the blade produces a markedly smaller signature in comparison to conventional blades.
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Congressman Sherman Proposes Legislation to Allow Nighttime Curfews at Valley Airports. --- California Chronicle, November 3, 2009.
In the wake of the Federal Aviation Administration’s rejection of the Burbank-Glendale-Pasadena Airport Authority’s application for a waiver to impose nighttime curfews at Bob Hope Airport in Burbank, California, Congressman Brad Sherman is proposing legislation that would allow Bob Hope and Van Nuys Airport to implement mandatory nighttime curfews from 10 p.m. to 7 a.m.
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FAA Issues Airworthiness Directive for ATR Model ATR42 and ATR72 to Correct “An Unsafe Condition.” --- Federal Register, November 3, 2009.
The Federal Aviation Administration adopted a new Airworthiness Directive for ATR Model ATR42 and ATR72 airplanes requiring action to address an unsafe condition related to the “unacceptable” probability of ignition risk.
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Safer Standards Urged After North Las Vegas Crashes. --- Keith Rogers, Las Vegas Review-Journal, November 2, 2009.
A Clark County Aviation Department report found that 75 percent of the accidents involving experimental and other aircraft at North Las Vegas Airport in Nevada were caused by pilot error. The report gave several recommendations for the Federal Aviation Administration, which the agency is reviewing and considering, barring those recommendations that have already been implemented.
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IG Report Faults NY Delay Initiative. --- Adrian Schofield, Aviation Week, October 30, 2009.
The Department of Transportation’s Inspector General found that benefits have been seen in just five of the Federal Aviation Administration’s 30 completed New York airport and airspace initiatives. Most of the completed initiatives were either not used or used infrequently, and the IG questioned their viability as “effective delay-reduction solutions.” The IG’s report also found that the FAA lacks an effective process for evaluating the usefulness of the individual initiatives, thereby preventing it from determining if the initiatives provide any benefits.
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Lawmakers Seek Ban on Laptops in Airline Cockpits. --- Joan Lowy, Associated Press, November 3, 2009.
Senator Byron Dorgan, chairman of the aviation subcommittee, said he is planning on introducing a bill that will ban the use of computer laptops and other personal electronic devices in airline cockpits, to prevent an incident like the Northwest Airlines plane that overshot its destination from occurring again. Currently the Federal Aviation Administration does not prohibit pilots from using such devices, except below 10,000 feet when the plane is taking off or landing. Other lawmakers have also indicated that they would support such legislation.
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Acadia to Develop Air Tour Regulations. --- Heather Seavey, WCSH, November 4, 2009.
Acadia National Park in Maine and the Federal Aviation Administration are working together to develop new regulations for scenic air tours that fly over the park. The new regulations would be designed to limit noise for park visitors and wildlife, and would extend to a ½ mile perimeter around the park boundaries and up to 5,000 feet above ground level.
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Northwest Pilots Appeal License Revocation. --- Joan Lowy, Associated Press, November 5, 2009.
The Northwest Airlines pilots who overshot their Minneapolis destination by 150 miles and had their licenses revoked by the Federal Aviation Administration are appealing the revocation with the National Transportation Safety Board. The FAA revoked the pilots’ licenses because they said the pilots put the 144 passengers of the flight in serious danger, and highlighted the incident as an example of the “erosion of professionalism” among commercial pilots.
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FAA Proposes Millions in Penalties Against United Airlines. --- Business and Legal Resources, November 5, 2009.
The Federal Aviation Administration is proposing a $3.8 million civil penalty against United Airlines for operating one of its Boeing 737 aircraft on more than 200 flights in a less-than-airworthy condition. The airline had violated its own maintenance procedures on one of the plane’s engines—two shop towels, and not the required protective caps, had been used to cover openings in the oil sump area.
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FAA Tracking Planes That Flew Over House Hit By Ice. --- ChicagoBreakingNewsCenter, November 5, 2009.
The Federal Aviation Administration is investigating an incident wherein a large piece of ice fell from the sky and hit a home in Chicago, Illinois on Wednesday, November 4, 2009. The house lies under one of O’Hare International Airport’s flight paths, and FAA investigators will seek to identify which planes were overhead at the time of the incident, and if any may have reported a leak, which could then be the source of the ice.
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Are Some Airlines Just Too Dangerous to Fly? --- Richard Korman, Miller-McCune, November 4, 2009.
A recently-conducted study found that certain old planes operated from Latin America, the Middle East, and Africa have more accidents. Developing countries are more likely to use old planes beyond their “designed economic life,” and maintenance of these planes may fall short of international standards, though it is difficult to establish global standardization. The European Union launched an airline blacklist in 2006, and passengers should avoid those carriers or carriers from Federal Aviation Administration-downgraded countries, though international maintenance standards should be implemented and enforced.
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Photos Show AA Plane at Center of Safety Investigation. --- Scott Friedman, NBC DallasFort Worth, November 4, 2009.
American Airlines is being investigated by the Federal Aviation Administration after the airline voluntarily self-disclosed a discrepancy in several of the screwheads used to hold AA plane #279’s skin. The screws appear to be ordinary and unlike the rivets generally used, but the carrier insists that they are aerospace quality and were only installed just before the plane was moved to the New Mexico desert and retired. The FAA is investigating whether the plane carried any passengers with the changed screws, and whether the plane was deliberately moved to the desert graveyard to keep it out of sight of inspectors.
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Barclay Urges Senate to Pass FAA Bill; Eliminate AMT Penalty. --- Aviation News, November 4, 2009.
Charles Barclay, president of the American Association of Airline Executives, is urging the Senate to pass the Federal Aviation Administration reauthorization bill quickly and permanently eliminate the AMT penalty on airport private activity bonds.
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Director of Singapore Firm Sentenced for Illegally Exporting Controlled Aircraft Components to Iran. --- Department of Justice, November 5, 2009.
Laura Wang-Woodford, one of the directors of Singapore-based Monarch Aviation Pte Ltd., was sentenced in federal court in Brooklyn to 46 months in prison for conspiring to violate the U.S. trade embargo by exporting controlled aircraft components to Iran. Along with her husband, Brian D. Woodford, who served as chairman and managing director of Monarch and who remains a fugitive, Ms. Wang-Woodford illegally exported aircraft parts and U.S. military aircraft components. At the time of her December 23, 2007 arrest in San Francisco, she was also in possession of catalogues from a Chinese company from which all U.S. citizens and entities are prohibited from engaging in business.
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FAA Chief: Pilots Must Refocus on Professionalism. --- Joan Lowy, Associated Press, November 4, 2009.
Federal Aviation Administrator Randy Babbitt told an aviation club that pilots must refocus on professionalism, and that recent incidents like Northwest Flight 188, which overshot its destination by 150 miles, and the Buffalo, New York crash that killed 50 people, were caused because the pilots forgot their first job was to focus on flying the plane. Babbitt has been stressing a need for stronger professionalism among airline pilots, and he has urged veteran pilots to mentor less experienced pilots.
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$3.7 Million to Study O’Hare Terminal Airlines Don’t Want. --- Fran Spielman, Chicago Sun-Times, November 4, 2009.
Consulting firm Landrum & Brown was awarded a $3.7 million contract to plan for a new western terminal project at O’Hare International Airport in Chicago, Illinois that the major airlines are refusing to fund and consider ill-conceived. The Federal Aviation Administration, which provided the funding for the study, believes the Western Terminal Planning Study is an “important and necessary tool” to help the agency coordinate with the state to provide regional and local roadways for western access to O’Hare.
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Airport Weight Debate Goes to Commissioners. --- Kurt Hildebrand, The Record-Courier, November 4, 2009.
Douglas County, Nevada commissioners will look at a proposal analyzing what might happen if Minden-Tahoe Airport loses federal funding. The Federal Aviation Administration has already withheld some funding due to the county’s failure to alter the airport’s entry in federal publications, and the FAA would be less likely to continue to provide funding if the airport does not comply with assurances representatives made that the airport would be maintained. The county is analyzing potential options for maintaining the airport without federal funding if the county is held in non-compliance and does not receive federal funds.
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How to Keep Planes From Colliding with Lasers. --- Physics Today, November 5, 2009.
Researchers have created a radio-tracking device that can detect aircraft entering the vicinity of a laser beamed into the sky, which would greatly aid in the prevention of plane-laser collisions. The current method involves using human observers to watch for planes flying with 25 degrees of the laser beams, but the new device would have none of the potential for human error.
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FAA Investigates Clem’s Airport Lease Deal. --- Alan Gustafson, Statesman Journal, November 6, 2009.
The Federal Aviation Administration is investigating a controversial lease awarded by former aviation director Dan Clem to a developer at Aurora State Airport in Oregon. The inquiry concerns whether the lease complied with federal grant conditions for airports that receive FAA funding for improvements, and the Oregon Department of Justice is conducting its own investigation into Clem’s handling of the lease. Mr. Clem resigned as state aviation director on October 19 of this year.
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MontanaAirport Hopes to Build Control Tower Soon. --- Associated Press, November 6, 2009.
Missoula International Airport, Montana airport administrators hope to begin building a new control tower in spring, after the Federal Aviation Administration approved about $6.7 million in funding for the tower. The new tower will likely be about 120 feet tall, approximately double the height of the current tower, which was built in the early 1960s.
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Noise Pollution Control. --- Save the Earth!, November 6, 2009.
Noise pollution is displeasing human-, animal-, or machine-created sounds, damaging to physiological and psychological health. In the early 1970s the Environmental Protection Agency developed federal noise-emission standards, and the Federal Aviation Administration adopted Ldn (day-night equivalent level) as the noise descriptor in assessing land-use compatibility with various levels of aircraft noise. The EPA, FAA, and other government agencies work to identify major noise sources in the United States and craft measures to curb noise pollution.
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Notice of Availability of a Record of Decision for Streamlining the Process of Experimental Permit Applications. --- Federal Register, November 6, 2009.
The Federal Aviation Administration announced the availability of a Record of Decision for streamlining the environmental review of experimental permit applications for the launch and/or reentry of reusable suborbital rockets. The ROD provides a description of the Proposed Action—the FAA’s Preferred Alternative and the environmentally preferable alternative—and includes a discussion of environmental impacts associated with the Proposed Action for each resource area.
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ExhaustConeFalls Off Jet Onto NY Home’s Lawn. --- David B. Caruso, Associated Press, November 6, 2009.
An engine tailcone fell off a Delta Air Lines Boeing 777 and landed on a lawn in a Long Island, New York residential neighborhood, though neither pilots nor anyone on the ground immediately noticed the mishap. The aircraft does not need the part to fly, and carried on safely to its destination in Tokyo, where Delta personnel reported the engine part missing following an inspection after the plane landed. Delta is conducting an investigation to determine what went wrong.
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FAA Streamlines Experimental Space Flight Access. --- Michael Cooney, Network World, November 6, 2009.
The Federal Aviation Administration says it will streamline the environmental review part of permit applications for the launch and/or reentry of reusable suborbital rockets to help bolster a young commercial space market. The Processing of Experimental Permit Applications (PEIS) is the central and important document of the ruling, because it presents information and analysis common to reusable, suborbital rockets and effectively focuses on environmental impacts specific to an applicant’s proposed experimental operations.
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Van Nuys Would Like To Be Paid Back For All That Soundproofing. --- Curbed LA, November 6, 2009.
The Van Nuys Airport Citizens Advisory Council is seeking reimbursement from the City of Los Angeles for the cost of installing insulation in homes near Van Nuys Airport in California, after the Federal Aviation Administration rejected plans to enforce a curfew at Burbank’s Bob Hope Airport which would have resulted in the diversion of planes to airports like Van Nuys. The figure is in the $10 million range, but will likely increase when the cost of noise consultants is factored in.
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NBAA Welcomes FAA Ruling Against Curfew Proposal. --- Charter X News, November 7, 2009.
The National Business Aviation Association applauded the Federal Aviation Administration’s decision to deny a proposed ban on nighttime operations at Bob Hope Airport in Burbank, California. The NBAA had submitted an extensive legal filing in opposition to the curfew proposal, one of the documents cited by the FAA in support of its decision.
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Buzzing of Santa Monica Pier Leads to Questions About Aviation Safety. --- Dan Weikel, Los Angeles Times, November 8, 2009.
A November 2008 incident at Santa Monica Pier involving a low-flying military jet has focused attention on the use of high-performance military jets by civilian pilots and the hazard they can pose to people in the air and on the ground. In the Western Pacific region of California, Nevada, Arizona, and Hawaii there are about 5,600 experimental exhibition planes that are restricted by the government to air shows, flight demonstrations, or training flights over sparsely populated areas, but there is little to stop those who own or operate those planes from using them in unapproved and dangerous ways. David G. Riggs, the pilot and owner of the jet involved in the Santa Monica Pier incident, may have illegally sold rides in such unapproved planes and may even have failed to adhere to proper maintenance standards for the planes.
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FAA Gives Hope to Cargo. --- Aircargo Asia Pacific, November 9, 2009.
The air cargo industry praised the Federal Aviation Administration’s decision to reject BobHopeAirport’s request for a ban on nighttime operations at the Burbank, California airport. Daniel Fernandez, director of the International Air Cargo Association, said that the decision sends a clear message to other airports that may have been considering similar restrictive actions.
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City Council Committee Approves Delta-Airport Lease. --- Kelly Yamanouchi, The Atlanta Journal-Constitution, November 9, 2009.
The Atlanta, Georgia city council transportation committee approved the proposed lease between Hartsfield-JacksonInternationalAirport and Delta Air Lines after the Federal Aviation Administration wrote in a memo that most of its concerns about the deal had been addressed. Key issues involved potentially anti-competitive provisions in the lease, including the restriction of gate usage—a representative for American, Continental, US Airways, and United told the transportation committee that the agreement will restrict those carriers because they will lose five of their gates. The full council will take up the measure at its November 16, 2009 meeting.
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Aircraft Owner Group spent $770,000 Lobbying in 3Q. --- Associated Press, November 9, 2009.
The Aircraft Owners and Pilots Association, representative of private pilots, spent $770,000 lobbying on issues related to small aircraft, security, and airport fees, in the third quarter. The group lobbied for legislation that would require the Homeland Security secretary to go through a negotiated rulemaking process before issuing rules aimed at general aviation aircraft, as well as issues like greenhouse emissions, fuel, reauthorization for the Federal Aviation Administration, and authorization for the Transportation Security Administration.
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US Airways Spent $410K Lobbying Government in 3Q. --- Associated Press, November 9, 2009.
US Airways Group Inc. spent $410,000 lobbying in the third quarter. The carrier lobbied on the cap-and-trade energy proposal and aviation regulation issues, and on bills aimed at curbing speculation in the energy markets. US Airways also lobbied on reauthorization for the Federal Aviation Administration and air cargo security issues, aircraft engineering, flight operations, and maintenance issues.
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Senators Call for Passage of FAA Bill. --- Aviation News Today, November 9, 2009.
A group of lawmakers called on Senate leaders to pass the Federal Aviation Administration reauthorization bill. The Senate Commerce Committee approved the FAA Air Transportation and Modernization Act of 2009, S. 1451 on July 21, 2009, but the bill has stalled in the Finance Committee, which has yet to consider the tax portion of the bill.
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Airbus A319 Drops Parts on Dallas. --- Associated Press, November 10, 2009.
A left overwing emergency slide and the door over the compartment in which the slide was stowed fell from an Airbus A319 jet making a test flight in Dallas, Texas. The jet was undergoing maintenance when the incident occurred, and no injuries were reported and the plane was able to land safely.
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On March 12, 2008, Los Angeles World Airports (LAWA) published the Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR) for the Los Angeles International Airport (LAX) Specific Plan Amendment Study (SPAS) for public comment.

In early 2005, Chevalier Allen & Lichman, LLP (CA&L) participated in a legal challenge to LAWA’s approval of the LAX Master Plan, which proposed major changes to runways, taxiways and terminals at LAX. The challenge resulted in a Stipulated Settlement Agreement, under which LAWA agreed to, among other things, proceed with a SPAS to identify potential alternative designs, technologies and configurations at LAX. The Settlement Agreement also established the LAX SPAS Advisory Committee, on which CA&L’s clients, the Cities of Inglewood and Culver City, sit as members.

The NOP identifies five options for reconfiguring the North Airfield Complex at LAX. One of those options, moving Runway 6R/24L 340 feet to the north, has the potential in our view to adversely impact communities surrounding LAX. It is our further view that the runway movement 340 feet north has the clear potential to increase capacity (and, therefore, noise, air quality and surface traffic impacts) by allowing triple simultaneous arrivals on the north and south runways. The NOP does not comprehensively evaluate the potential for these impacts, nor does it evaluate the runway project in relation to the other Master Plan projects currently ongoing at LAX, such as construction of a mid-field terminal, with numerous additional aircraft gates. CA&L believes that this project could have impacts which are, at minimum, different from and potentially more intense than those projected to arise out of the previous project.

For these and other reasons, CA&L will submit comments on the proposed scope and content of the DEIR on behalf of its clients. We recommend that other interested parties submit their comments no later than June 18, 2008.

The LAX Master Plan, LAX Specific Plan and the Stipulated Settlement are available at http://www.laxmasterplan.org.

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