February 26, 2010 - Aviation and Airport Development Updates

Posted on February 26, 2010 by Steven Taber

February 26, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

 

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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October 1, 2009 - Aviation and Airport Development Updates

Posted on October 1, 2009 by Steven Taber

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

  • O’Hare Airport hit for safety violations in FAA report. During routine inspections at O’Hare International Airport in Chicago, IL, the Federal Aviation Administration uncovered several violations that endanger airplanes at the most critical phases of flight: takeoffs and landings. In a “letter of correction” to Chicago, the FAA said that O’Hare is out of compliance with federal aviation law and that the airport’s self-inspection program does not reflect actual conditions in the field. The problems noted at O’Hare, considered major violations, have almost all been corrected already and a spokesman for the Chicago Department of Aviation said the rest will be resolved by the end of November. 9/24/09, Jon Hilkevitch, Chicago Tribune, http://bit.ly/xbMHb
  • House votes short-term extension for FAA programs. The House has voted to extend existing air transportation programs through the end of the year, the seventh time in two years that it has had to take temporary measures to prevent certain Federal Aviation Administration programs from shutting down. The Senate is expected to follow with a similar bill as it has struggled to get an FAA bill to the floor this year, due to policy differences and a preoccupation in the Senate with the health care issue. 9/24/09, Jim Abrams, Associated Press, http://bit.ly/L1Wg8
  • FAA clears India’s safety measures. The Federal Aviation Administration’s International Aviation Safety Assessment team recently revisited India to confirm and validate action taken on earlier concerns raised by an audit in March 2009. The IASA team found India fully compliant with international safety standards as it had taken steps to meet the concerns from the March audit, and reported that it could continue to be maintained in Category-I, which means Indian airlines can expand operations in the U.S. and get new points of call and share codes. 9/24/09, Business Standard, http://bit.ly/hauyN
  • AAAE panel mulls lack of long-term FAA reauthorization bill. At the American Association of Airport Executives’ National Airports Conference a panel of industry experts predicted that Congress’ likelihood of passing a long-term Federal Aviation Administration reauthorization bill is slim at present. The passage of a three- to six-month extension of FAA’s authority and funding is only a short-term response to the September 30, 2009 end of the federal fiscal year, and Kate Lang, the FAA’s associate administrator for airports, pointed out that short-term extensions make it difficult for airports to do multi-year projects and a more stable program is needed. 9/23/09, Aviation News, http://bit.ly/17xURv
  • Former American Chairman and CEO boosts passenger rights proposals. Former American Chairman and CEO Robert Crandall has joined the call for a federally imposed time limit that would give passengers the option to get off a plane that has been stuck on the tarmac for hours, with a four-hour limit initially that would transition to a three-hour limit on January 1, 2011, to give carriers time to adjust their operations. A passenger rights proposal may be closer to passage now more than ever, with organizations like the Business Travel Coalition and the National Business Travel Association giving their support for the passage of such a bill. Senators Barbara Boxer and Olympia Snowe sponsored passenger rights legislation that is currently in the Senate Commerce Committee’s version of the Federal Aviation Administration reauthorization bill, which has yet to be passed. 9/23/09, Andrew Compart, Aviation Daily, http://bit.ly/8Zoor
  • Daley downplays FAA violations at O’Hare. Mayor Richard Daley downplayed Federal Aviation Administration violations recently found at O’Hare International Airport as “not very significant,” declaring that none of the violations deal with the safety of people landing or taking off. He also said that he continues to have confidence in Aviation Commissioner Rosemarie Andolino, and that the city is reviewing and dealing with all of the violations. 9/24/09, Dan Blake, Chicago Tribune, http://bit.ly/P1HlV
  • Senate passes three-month FAA extension. The Senate passed H.R. 3607, a bill that extends FAA programs and excise taxes through December 31, 2009, and awaits President Obama’s signing the measure into law before the current extension expires at the end of the month. 9/24/09, Aviation News, http://bit.ly/VI87A
  • EIS for the CA high-speed train project from Los Angeles to San Diego via the Inland Empire. The FRA and California High-Speed Rail Authority will jointly prepare a project Environmental Impact Statement and Environmental Impact Report for the Los Angeles to San Diego section of the California High-Speed Train System. The preparation of the EIR/EIS will involve developing preliminary engineering designs and assessing potential environmental effects associated with the construction, operation, and maintenance of the High-Speed Train system. Written comments on the scope of the EIR/EIS should be provided to the appropriate authorities by November 20, 2009, or at any of the public scoping meetings scheduled for various cities from October 13, 2009, to November 3, 2009. 9/24/09, TradingMarkets.com, http://bit.ly/2x1bwb
  • FAA Associate Administrator of Aviation Safety Peggy Gilligan’s speech at the ABA Air & Space Forum. In a speech at the American Bar Association’s Air and Space Forum, the Federal Aviation Administration’s Associate Administrator of Aviation Safety Peggy Gilligan stated that safety is the “foundation for public confidence” in aviation. She called for cooperation on safety to ensure the long-term global success of aviation and applauded international cooperation for making great strides over the past 60 years. Ms. Gilligan closed her speech acknowledging that the three-pronged approach in global regulation of aviation that includes holding each other to standards, providing assistance when needed, and proactively identifying and addressing risk, enhances safe air transportation around the world. 9/23/09, Peggy Gilligan, http://bit.ly/ijlZJ
  • AEA joins NATA in opposing foreign repair station language in FAA reauthorization bill. The Aircraft Electronics Association and National Air Transport Association are contacting members of Congress in opposition to foreign repair station provisions in both the House and Senate versions of the Federal Aviation Administration reauthorization bill. Each of the bills contains a provision that requires additional FAA oversight of foreign repair stations, and could eliminate a reciprocal audit provision of the U.S.-European Community Bilateral Aviation Safety Agreement, unnecessarily raising costs for E.U.-based repair stations. U.S. repair stations could also face high job loss if companies that hold a U.S.-based European Aviation Safety Agency Part 145 repair station certificate lose the reciprocal audit capabilities between the FAA and EASA. 9/28/09, National Air Transport Association, http://bit.ly/INtRv
  • California state court rules that FAA Authorization Act preempts CA’s Unfair Competition Law. California Superior Court Judge Elizabeth White held that the Federal Aviation Administration Authorization Act preempted claims against motor carriers brought under California’s Unfair Competition Law and protected motor carriers from state regulations. The federal law, part of the FAA Authorization Act, prohibits states from enacting and enforcing laws that are related to motor carrier prices, routes, or services, and Judge White held that the attorney general’s case, based on the allegation that the defendants had improperly classified drivers as independent contractors rather than employees, would have a significant effect on motor carrier prices, routes, or services. 9/28/09, Truckinginfo.com News, http://bit.ly/3U9Gkg
  • Carbon offset kiosks at SFO help air travelers ditch guilt. San Francisco International Airport has partnered with a private company to install self-serve kiosks where passengers can purchase carbon offsets for their flights. Carbon offsets for travel are unregulated, however, so it is unsure if patrons are getting what they pay for as the idea is rather abstract. Travelers input the number of miles their trip will cover, how long it will take, and the number of passengers they plan to buy offsets for, and receive a piece of paper representing a fact that their money went toward a carbon-offset project somewhere or that an emission did not occur somewhere else. Though more certainty about an offset is preferred, Professor Michael Wara of Stanford University believes the program is “better than nothing” and the airport hopes that the kiosks raise awareness about the environmental impact of flying. 9/29/09, Rori Gallagher, National Public Radio, http://bit.ly/1j6nyE

 

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FAA's 2009-2013 Flight Plan Includes 5 More Airports Due for an Airspace Redesign

Posted on November 3, 2008 by Steven Taber

On October 28, 2008, Acting FAA Administrator Bobby Sturgell rolled out the FAA's 2009-20013 "Flight Plan" at a speech in Oklahoma City, Oklahoma.  The "Flight Plan," in which FAA sets goals for itself, is "the strategic plan for the agency, the plan to help [the agency] prepare for the future."  In the past year, for example, as Acting Administrator Sturgell pointed out, the FAA "reached 25 out of 29 goals," with the remaining goals "probably" being achieved by November 20, 2008.  In other words, the goals set in the Flight Plan are projects and issues that the FAA has good reason to believe it can achieve over the stated planning horizon.

Priority one, according to the Flight Plan, is "dealing with congestion and delays . . . both in the air and on the ground.  Toward that end, the FAA plans to "identify and address capacity-constrained airports and metropolitan areas."  The FAA has identified Atlanta, Chicago Midway, Fort Lauderdale, John Wayne Orange County (CA), Las Vegas, Long Beach, Oakland, Phoenix, San Diego and San Francisco as being "capacity constrained" and provided these airports with a "toolbox" which includes "technological, procedural, and infrastructure improvements to be considered for implementation at airports based on additional capacity needs in the future."

In addition, in FY 2009, the FAA plans to "increase aviation capacity and reduce congestion in the 7 metro areas and corridors that most affect total system delay."  Those areas are:  San Francisco, Los Angeles, Las Vegas, Chicago, Charlotte, New York and Philadelphia.  Apart from continuing the controversial airspace redesign for the New York/New Jersey/Philadelphia Metropolitan area, and the slot auctions for JFK, Newark and LaGuardia, which all spawned lawsuits, the FAA plans on moving forward with the redesign of the airspace for the remaining 7 metro areas.

 

The FAA notes that are eleven projects in the planning or environmental stage at the largest airports including:

In addition, the FAA states that three airport proprietors have planning studies underway to examine how their metropolitan areas will accommodate future demand for aviation.  They include (1) Chicago, (2) Atlanta, and (3) San Francisco.  Thus, expanding airports play a large role in the FAA's Flight Plan to increase capacity.

The FAA also plans on addressing the environmental issues associated with capacity enhancements.  It targets two issues in this area:  (1) reducing the number of people exposed to significant noise by 4 % through FY 2013, as measured by a three-year moving average; and (2) improve aviation fuel efficiency by another 1% over FY 2008 level through FY 2009, and 1% each subsequent year through FY 2013 to 11%.  While these goals are laudable, the FAA does not offer much in terms of specific programs to reach the goals.  The only specific program it mentions is working with several airports (Los Angeles, San Diego, Louisville, Charleston, and Atlanta) to implement Continuous Descent Arrival for night operations.  The rest of the FAA's initiatives center around research, developing standards, and "implementing management systems."

In the end, FAA is relying heavily on its rollout of the NextGen system to meets its goals, especially with regard to safety.  The FAA believes that NextGen will allow it to transition "from air traffic control to air traffic management."

Other new articles about the FAA's Flight Plan:

 
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