March 5, 2010 - Aviation and Airport Development Updates
March 5, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days. These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.
Senate to Revive Long-Stalled FAA Bill to Modernize Air Traffic System. --- Dave Michaels, The Dallas Morning News, February 24, 2010
The Senate will soon bring up the long-stalled Federal Aviation Administration reauthorization bill. The bill would create thousands of jobs and is additionally loaded with elements that affect the oversight of airlines, background checks for pilots, and protections for passengers stranded on tarmacs. It also contains a provision that would require air-traffic system modernization by 2018, instead of the previous target date of 2025.
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Flight Attendant Leaders Push for Progress on FAA Reauthorization. --- PRNewswire, February 26, 2010
Leaders from the Association of Flight Attendants and the Association of Professional Flight Attendants met with the offices of several Senators to promote moving forward with the Federal Aviation Administration reauthorization bill, which includes many key provisions for flight attendants. The bill includes fatigue study information and workplace safety and health protections, cabin air quality provisions that would identify the equipment and technologies available to detect and filter highly toxic contaminants in the air supply, English language standards for flight attendants, and a “Return to the Cabin” program that would allow flight attendants an opportunity for rehabilitation after testing positive for drug or alcohol abuse.
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AAAE Urges Airport Provisions in FAA Bill. --- Aviation News Today, February 26, 2010
The American Association of Airport Executives is calling on Senate leaders to endorse a number of airport-related provisions in the upcoming Federal Aviation Administration reauthorization bill. The provisions would enhance aviation safety, increase capacity, improve small community air service, and save or create much-needed jobs.
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Runway Improvements Planned for PalomarAirport. --- SanDiego6.com, February 24, 2010
McClellan-Palomar Airport in Carlsbad, California will close alternating weeks starting April 25, when work will begin to replace the 5,000-foot-long runway. Testing found that the supporting soils under the existing runway and the pavement surface are deteriorating. The $7.9 million cost of the project will be covered by Federal Aviation Administration funds.
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Airport Leaders Describe Plan to Allow For More Private Jets. --- Stephen Baxter, Community Neighborhoods, February 24, 2010
Airport officials at Mineta San Jose International Airport in California plan to ask the San Jose City Council to change the airport’s master plan and allow for the transformation of more space for private jets. Residents who live near the flight path express concern about noise, but private planes are often quieter than commercial jets, and certain loud activities could be restricted to specific operating hours.
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Somerset Windmills Would Not be Aviation Hazard, Feds Say. --- Don Hopey, Pittsburgh Post-Gazette, February 25, 2010
The Federal Aviation Administration issued a “determination of no hazard” January 21, 2010 for the proposed Gamesa Energy USA wind energy project that would put 30 windmills atop an ecologically sensitive ridge on Shaffer Mountain in Somerset County, Pennsylvania. Studies found the structures would not exceed obstruction standards or adversely impact air space and flight routes above the ridge. Local groups oppose the project because its proposed location places it in the watershed of two of the state’s highest quality native trout streams and on a major bat and bird migratory route.
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FAA Approves Wind Farm. --- Kathy Mellott, The Tribune-Democrat, February 25, 2010
Two months after voicing concerns that the proposed Shaffer Mountain Wind Farm would potentially create problems for local airports, the Federal Aviation Administration is giving its OK to the project. The only conditions set forth by the agency are that the proposed turbines must be marked and lit in accordance with FAA requirements, including white paint and synchronized red lights. The project has been delayed at the state level as the Gamesa, the energy company behind the plans, is seeking approval from the Department of Environmental Protection for a National Pollution Discharge Elimination System permit. Ray Jennings, manager of nearby single-runway Bedford County Airport, is also frustrated because he says the location of some of the turbines could force aircraft taking off from the airport to fly 400 to 500 feet higher than at present.
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U.S. Airline Pilots Skipping Sleep Targeted in FAA Data Search. --- John Hughes, Bloomberg, February 25, 2010
After last year’s plane crash near Buffalo, New York raised fatigue concerns, the Federal Aviation Administration will ask carriers to examine voluntary safety reports by flight crews to see how often pilots skip sleep the night before a flight. The agency has already asked the industry to restrict pilot commutes, because the risk of fatigue may be boosted by major carriers’ increasing use of regional jets with low-paid pilots who can’t afford motel rooms.
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AOPA: Why the User Fees Battle Isn’t Over. --- Glenn Pew, AVweb, February 25, 2010
The Aircraft Owners and Pilots Association says the user fees battle isn’t over, because the country’s fiscal woes and the Federal Aviation Administration’s shrinking general fund could lead legislators to seek alternate forms of funding, like user fees. The FAA reauthorization bill has not made it past the Senate, either, and user fees could be incorporated into that bill or through other legislative means.
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Airport to Seek Appropriation for Terminal. --- David Still, The Barnstable Patriot, February 26, 2010
Barnstable Airport in Massachusetts hopes to see its over-$21 million appropriation order for a new terminal on the docket for its March 4 meeting with the Barnstable Town Council. Airport Manager Bud Breault says the airport can show completion or progress on each of the 19 conditions placed by the town council in September 2007 that had to be satisfied before any funding request would be recommended. The Barnstable Municipal Airport Commission is planning to cover the cost through expected state funds, airport reserve money, a town-backed general obligation bond, and stimulus funds, and even has surplus land that it could sell if necessary.
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Expiration of Funds Leads to Rush on Runway. --- Christine Cullen, OceanCity Today, February 26, 2010
Ocean City in Maryland is rushing to reconfigure a runway at Ocean City Municipal Airport, to prevent losing $2.8 million from an account dedicated to airport improvements. The city will have to remit that money to the federal treasury if it is not used by December 2011.
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Court Rules Against Long-Term Protection of Aircraft Tail Numbers. --- Mike Mitchell, AvStop.com, February 28, 2010
A United States District Court judge has ruled that a list of private aircraft, whose aircraft tail numbers are blocked from the public view, must be released under the Freedom of Information Act. The National Business Aviation Association sued the Federal Aviation Administration to prevent it from releasing a blocked list to ProPublica, Inc., an independent, nonprofit organization that produces investigative journalism in the public interest. Anyone can go to the FAA website and look up an aircraft registration, but there are a select few who wish to keep their aircraft tail numbers anonymous, like corporations.
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Court Upholds Release of Corporate Jets List Sought by ProPublica. --- Michael Grabell, Herald de Paris, February 27, 2010
ProPublica will be able to obtain a list of which companies have been seeking to block their planes after a federal district judge ruled that the list should be made available under the Freedom of Information Act. Companies sometimes request that their flights and tail numbers be kept secret to protect the security of their executives and to prevent disclosure of business trips that could affect stock prices or give competitors an edge about potential deals. ProPublica has been seeking the list ever since the CEOs of the “Big 3" automakers flew to Washington, D.C. on corporate jets to ask Congress for financial help.
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Aviation Industry Jobs Entail More than Just Airlines. --- Nathan Phelps, The Northwestern, February 28, 2010
One of the biggest misconceptions about the aviation industry is that everyone must work for an airline. The industry extends well beyond the cockpit and hands-on jobs with aircraft to a number of other specialties like human resources, accounting, information systems, and marketing. The aviation industry is a business, and a compelling one at that, accounting for more than $1.2 trillion in economic activity in the U.S. in 2008, as well as being a much “bigger world” than just becoming a pilot or just working for an airline.
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Dassault Falcon Jet Joins EPA Partnership, Pledges Mercury and Lead Reduction. --- Environmental Protection Agency, March 1, 2010
Dassault Falcon Jet has partnered with the Environmental Protection Agency National Partnership for Environmental Priorities to set goals to eliminate mercury containing devices throughout its Completion and Service operations. The company is also in the process of identifying a viable replacement for lead plate utilized as ballast during initial “ferry” flight operations of Falcon business jets between France and the U.S. The NPEP is a voluntary program with 266 members from private and public organizations committed to the reduction, reuse, or recycling of 31 priority chemicals, long-lasting substances that can build up in the food chain and cause harm to humans and the environment.
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D.C. Circuit Court of Appeals Sends Pasternack v. NTSB and FAA Back to Agency. --- Leagle, February 26, 2010
The D.C. Circuit Court of Appeals granted Fred Pasternack’s petition and remanded it to the National Transportation Safety Board for further proceedings. The Federal Aviation Administration revoked Mr. Pasternack’s airman certificates because he refused to take a mandatory drug test, and the NTSB upheld the revocation order, but the Court vacated the Board’s decision on the ground that a key finding on which the Board relied was not supported by substantial evidence.
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Taxes and Fees Grow for Air Travelers. --- Susan Stellin, The New York Times, March 1, 2010
Governments are increasingly turning to travelers to raise revenue in lean times, and there is little oversight over how the money is spent. Taxes and fees are small individually but can add up to a significant share of the price of a ticket. Carriers have been lobbying against proposals to increase these fees, but international travelers will likely feel the pinch most as governments around the world have increased passenger fees to pay for security, airport improvements, customs inspections, tourism promotions, and environmental concerns.
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TradeWind Energy Approved to Install 100-Meter Met Tower in Indiana. --- North American Windpower, March 2, 2010
Kentucky-based TradeWind Energy has received approval from local authorities to build a 100-meter meteorological tower in Pleasant Township, Indiana. The tower would be the fourth such tower erected by the project developer at project sites under development in the Midwest. Because of its height, however, it will require a Federal Aviation Administration permit.
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Hartsfield Airspace Plan Adjusted, More Changes Possible. --- April Hunt, The Atlanta Journal-Constitution, March 2, 2010
The Federal Aviation Administration adjusted its proposal for how planes come in and out of Hartsfield-Jackson International Airport in Atlanta, Georgia, by changing the airspace above nearby Covington Municipal Airport. The proposed change removes the airspace above the Covington Airport from its Class B proposal, meaning an aircraft flying in and out of that airport would not be required to contact air traffic control. The change comes after concerns that pilots would abandon Covington because of the new restrictions, but the region’s smaller airports will be impacted with their planes being forced to fly lower and for longer.
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Wind Farm Proposed for PoorMountain in RoanokeCounty. --- WDBJ7.com, March 2, 2010
Invenergy, a private company, announced that it wants to build an electricity-generating wind farm on Poor Mountain in Roanoke County, Virginia. The project would set 15 turbines on about 2,000 acres of land and produce enough electricity to power approximately 8,000 households. The company says it will begin the permitting process soon by filing a hazard evaluation report with the Federal Aviation Administration, and the project will also have to be cleared by the State Corporation Commission and Roanoke County.
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Senator Grassley Announces FAA Grant for Sioux Gateway. --- Lynn Zerschling, Sioux City Journal, March 2, 2010
Senator Charles Grassley of Iowa announced that Sioux Gateway Airport will receive nearly $395,000 from the Federal Aviation Administration to help pay to install guidance signs, which will improve safety and efficiency of the airport. Sioux Gateway is one of six Iowa airports to be awarded $2.32 million in federal funds.
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South Bend, LaPorte Airports Among Federal Grant Recipients. --- South Bend Tribune, March 2, 2010
Seven Indiana airports, including South Bend Regional Airport, LaPorte Municipal Airport, and Starke County Airport, will receive Federal Aviation Administration grants totaling over $5 million.
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FAA Plans to Move Radar From WillardAirport in 2014. --- Michael Maione, Daily Illini, March 3, 2010
The Federal Aviation Administration plans to move the radar control rooms in the air traffic control tower at Willard Airport in Champaign, Illinois to its facilities in Elgin, Illinois, by 2014. The FAA cited the need for an updated tower as the impetus as the change, and said that putting the radar in one centralized location can save taxpayer money. The air traffic controllers union, the National Air Traffic Controllers Association, and even pilots have presented objections or concerns about the plan.
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Kid Directs Traffic at NY’s JFK Airport. --- CBS News, March 3, 2010
The Federal Aviation Administration is investigating how a child was allowed to direct air traffic at New York’s John F. Kennedy International Airport. The first incident being investigated occurred February 16, when a boy was allowed to make at least five transmissions to commercial jets. The same air traffic controller also brought a different child, presumably his own, into the tower the following night.
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AA Flight Attendant Talks Continue Around the Clock. --- Scott Friedman, NBC DallasFort Worth, March 3, 2010
The union that represents American Airlines flight attendants continued around-the-clock meetings with airline management and federal mediators in Washington, D.C., on Wednesday, the last day of scheduled negotiations. If an agreement is not reached this week, the union has said it may ask to be released from federal mediation, a move that would trigger a 30-day cooling-off period and could lead to a strike.
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AA, Flight Attendants End Talks With No Deal, Talk of Strike. --- Scott Gordon and Scott Friedman, NBC DallasFort Worth, March 4, 2010
Leaders of the Association of Professional Flight Attendants accused American Airlines of “walking out” of the contract negotiations talks in Washington on Wednesday and said they would discuss setting a strike vote this weekend. Airline managers countered that they did not walk out of the talks and concluded them at the end of business on Wednesday as scheduled, and said the airline looks forward to continuing to bargain when the federal mediators establish the next round of dates. The union announced that it would seek to be released from mediation.
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FAA Tells Dartmouth to Lower Height of South Turbine by 5 Feet. --- Curt Brown, SouthCoast Today, March 5, 2010
The Federal Aviation Administration has ordered the town of Dartmouth, Massachusetts to lower the height of its 462-foot south turbine by 5 feet, saying its proposed height presents a hazard to aviation at New Bedford Regional Airport. The agency said the maximum allowable height for the south turbine is 457 feet, and in an earlier decision found the town’s planned north turbine was also a hazard to aviation and set its tallest allowable height at 417 feet. The chairman of the town’s Alternative Energy Committee said the town’s engineers will conduct ground surveys and file new applications with the FAA for both the north and south turbines.
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