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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February 19, 2010 - Aviation and Airport Development Updates

FAA Safety Reforms Finally Going to Senate. --- Jerry Zremski, The Buffalo News, February 11, 2010
A week of the U.S. Senate floor time will be scheduled in March for the Federal Aviation Administration reauthorization bill, including its safety provisions. Several of the provisions address concerns that the National Transportation Safety Board listed last week as part of its investigation into the crash of Continental Connection Flight 3407 near
Buffalo, New York, last year. The bill would raise pilot-training standards and set requirements for the airlines’ remedial training programs, as well as mandate other increased safety initiatives. Senate Majority Leader Harry Reid finally made the commitment to move the FAA bill up by six months because the Senate has passed its version of health care reform, which had kept it occupied for months, and because the latest in a series of short-term extensions of the FAA bill is set to expire March 31.
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Senate FAA Reauthorization Bill Expected to Finally Move in March! --- Rotor News, February 12, 2010
Senator Charles E. Schumer has persuaded Senate leadership to move ahead with the Federal Aviation Administration reauthorization bill in March. FAA authorization and safety reforms will be considered over the course of a week, though it is unknown if the Senate Finance Committee will mark up the bill before it goes to the Senate floor for debate.
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FAA Reauthorization and Rule Changes to See Debate in March. --- Glenn Pew, AVweb, February 12, 2010
A week of Senate floor time will be scheduled in March to address aviation safety reforms and the Federal Aviation Administration reauthorization bill. The FAA reauthorization bill has been through several short-term extensions which are set to expire March 31. The bill’s current provisions address pilot safety standards and set requirements for remedial training programs for commercial carriers, as well as call for independent study of pilot fatigue research to be considered in new flight-time and duty-time rules for pilots. The House already passed its version of the reauthorization bill but it is considered more stringent than the bill the Senate has proposed, and whatever the Senate passes will have to be merged with the House bill by a House-Senate conference committee.
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Airport to Conduct Study on Wildlife Hazards for Planes. --- Eve Byron, Independent Record, February 12, 2010
Helena Regional Airport in Montana is undertaking a wildlife hazard assessment over concerns about the potential of a devastating collision between birds and airplanes. The one-year study, paid for with $125,000 from the Federal Aviation Administration, will look at birds, deer, elk, and other wildlife that could cause problems at the 13,050-acre airport. A qualified airport wildlife biologist will be hired to complete the study and that person will also look at wildlife habitats in and around the airport, and may be able to make suggestions, like changing flight patterns if birds are a problem.
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A Year After Fatal Regional Airline Crash, Claims of Safety Progress Questioned. --- Joan Lowy, Associated Press, February 11, 2010
Little has been done in the year since the crash of a regional airliner near
Buffalo, New York. The Federal Aviation Administration has failed to require improved airline safety on key fronts, like addressing the tiring long-distance commutes of many regional companies’ pilots, despite claims to the contrary. The National Transportation Safety Board, the Transportation Department’s inspector general, and even members of Congress are questioning the FAA’s so-called progress and complain that the agency has bent to industry pressure to delay or weaken new requirements before they are proposed.
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Critics Say Airline Safety Changes Coming Too Slowly. --- David Dykes, Greenville Online, February 12, 2010
The crash of Continental Connection Flight 3407 near
Buffalo, New York highlighted several safety lapses, but it is unlikely that change is quickly forthcoming. Regulators in the past have taken years to adopt new regulations, and it will take federal legislation to resolve differences in pilot qualifications and airline safety management programs among commuter airlines and larger carriers to create two levels of safety for the flying public. After a thorough investigation of the crash the National Transportation Safety Board made several recommendations to the Federal Aviation Administration, but the Transportation Department’s Office of Inspector General found that the FAA’s progress in implementing any measures has been slow.
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FAA Still in Lubbock Testing ILS. --- Katie Bauer, KCBD, February 12, 2010
The Federal Aviation Administration’s technical teams have been testing the instrument landing system at Lubbock International Airport in Texas, where flights have been cancelled or delayed for more than a week, due in part to weather but mostly to the instrument landing system. The FAA is trying to pin point the problem and believe some sort of radio interference is responsible. They have made test flights and had crews on the ground from the FAA and Federal Communications Commission monitoring the approach path and surrounding area, listening for potential sources of radio or electronic interference.
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Clear Weather Helps FAA Fix ILS. --- Melinda Alvarado, Fox 34, February 13, 2010
Clear blue skies are helping the Federal Aviation Administration investigate the instrument landing system problems at
LubbockInternationalAirport. The Federal Communications Commission and the City of Lubbock partnered with the FAA and found that a handful of power poles and a sub-station north of the airport were emitting intermittent but significant radio frequency energy that was causing the problems. The FAA said the ILS is now reporting properly though it is limited in service, and if weather is good, the agency is hopeful problems will be nonexistent.
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New Runway at Charlotte Douglas Could Save Travelers Valuable Time. --- WSOCTV.com, February 12, 2010
With the new runway at
CharlotteDouglasInternationalAirport in Charlotte, North Carolina becoming fully operational Friday, February 12, up to three planes can now land at once. The option is valuable because it will save airlines tens of millions of dollars in substantially lowering the number of delays, and might even save time for air travelers. Another positive is that an airport that can handle more passengers as well as endure fewer delays could also entice businesses to relocate.
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Airline On-Time Performance Improves in 2009 as Rate of Mishandled Baggage Increases. --- eNews Park Forest, February 13, 2010
According to the Air Travel Consumer Report recently released by the Department of Transportation, the nation’s largest airlines had an on-time performance rate in 2009 that was their best since 2003, but the carriers’ rate of mishandled baggage last year was the lowest recorded since 2004.
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Algae to Solve Pentagon’s Jet Fuel Problem. --- 2012 Changes are Now, February 14, 2010
The Defense Advanced Research Projects Agency (DARPA) at the Pentagon says it is just months away from producing a jet fuel made from algae. DARPA’s research projects have extracted oil from algal ponds at a cost of $2 per gallon, and it is now on track to begin large-scale refining of that oil into jet fuel at a cost of less than $3 a gallon. Unlike corn-based ethanol algal farms do not threaten food supplies, and the innovation represents a boon for the military, the nation’s single largest consumer of energy, as well as holding the promise of low-carbon driving and flying for all.
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MichiganRegionalAirport Radar Merger Draws Fuss. --- Associated Press, February 14, 2010
The Federal Aviation Administration is looking to consolidate radar operations at four regional airports at Kalamazoo/Battle Creek International Airport, but the decision is being questioned by the National Air Traffic Controllers Association. An NATCA spokesperson told the Grand Rapids Press that representatives of the air controllers group met with pilots at
GeraldFordInternationalAirport in Grand Rapids, saying they want to pressure lawmakers to give them a say in discussions on the consolidation, which is expected to occur about a year from now.
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Alternative Plans Made for Airport. --- Cassandra Shofar, The News-Herald, February 15, 2010
Cuyahoga County, Ohio commissioners are working on runway extension alternatives more than a year after the Cuyahoga County Airport master plan was approved. The Federal Aviation Administration asked the airport to come up with an immediate alternative that addresses runway safety area issues, but the airport continues to support and believe that it has the justification for an extension as part of a long-term plan. Proponents argue the extension would make the airport safer for pilots and note that the plan would not require any residential land to be acquired, but critics fear increased air traffic and decreased safety, home values, and standards of living.
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Airlines Invest in Biofuel Companies. --- All Things Aviation, February 15, 2010
Driven more by higher fuel costs than a desire to reduce emissions from jet aircraft, some 14 airlines have been working with biofuel companies to develop a camelina-based jet fuel. Camelina is a crop that can be grown on marginal land and does not compete with food crops, requiring little water or nitrogen. The International Air Transport Association and Airbus are calling for governments to support the aviation industry’s efforts to gain access to biofuels, but aviation accounts for little more than 12% of transportation fuels so it is unlikely the industry will receive much support.
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Bird Strikes Plane, Forces Landing at FortLauderdale-HollywoodInternationalAirport. --- Juan Ortega and Ken Kaye, Sun Sentinel, February 16, 2010
A Spirit Airlines plane made an unscheduled return to Fort Lauderdale-Hollywood International Airport in Florida on Monday, February 15 after a bird struck the jet’s nose after takeoff. No one was hurt and an inspection found no damage to the plane, and the passengers were placed on other flights.
U.S. airplanes collide with birds more than 2,500 times a year, with bird strikes causing an average of $400 million in damage.
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$6 Million Dayton Airport Project Delayed by Compiling of Buy-American Data. --- John Nolan, Dayton Daily News, February 16, 2010
The Federal Aviation Administration will not release the funding for a $6.1 million project to install a new electronic security system at Dayton International Airport in Ohio until the contractor provides information that shows the project complies with a law requiring the use of steel and manufactured goods produced in the U.S. The airport must give the FAA the buy-American information, or request a waiver. Officials of the airport expect to complete the project by 2010, even with the delay caused by securing the data.
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Passengers Rights Groups Give Airlines Failing Grades for Tarmac Delays. --- Alison Grant, The Plain Dealer, February 16, 2010
FlyersRights.org, a passenger rights group, issued an air travel consumer report card on Tuesday, February 16, and gave Continental Airlines and five other carriers an F grade for tarmac delays of two hours or more. The group claims the carriers trapped fliers in “metal tubes” during weather delays without food, water, or medical assistance, and with overflowing toilets. The report was optimistic about some form of legislation being passed this year, as a passenger bill of rights was included in the Federal Aviation Administration reauthorization bill pending in Congress.
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FAA Administrator Discusses Aviation Safety With Rockefeller. --- West Virginia Media, February 17, 2010
Federal Aviation Administration Administrator Randy Babbitt and aviation officials from
YeagerAirport in West Virginia met with U.S. Senator Jay Rockefeller to discuss the importance of airport safety, particularly as it applied to a January incident at YeagerAirport that required the use of the airport’s Engineered Material Arresting System. Senator Rockefeller and Mr. Babbitt viewed the work being done to fix the EMAS system, which was funded through the FAA’s Airport Improvement Program.
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American Airlines Union Moves Toward Strike. --- World Travel Service, February 18, 2010
The Transport Workers
Union said it will ask federal mediators to let the employees walk away from contract talks if there is no deal by March 8. Strikes have become very rare in the airline industry, but if federal mediators agree, it could be the start of a countdown toward a strike. An American Airlines spokeswoman said the talk of ending mediation was premature, however.
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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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January 29, 2010 - Aviation and Airport Development Updates

January 29, 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.

FAA Runway Test Set for Tuesday. --- Pat Kelly, News Herald, January 14, 2010
The Federal Aviation Administration will conduct crucial flight tests on the 10,000-foot runway of the $318 million Northwest Florida Beaches International Airport under construction near West Bay, Florida. A small turbo-prop plane with special avionics will be used to help fine-tune the runway’s low-visibility navigation equipment as part of a “data-collecting exercise” that will enable the airport to open by May 23, 2010.
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FAA Conducts First ‘Flight Inspection’ at NorthwestFloridaBeachesInternationalAirport. --- Nicole Morten, Nicole Morten, January 19, 2010
The Federal Aviation Administration conducted its first runway and flight inspection at Northwest Florida Beaches International Airport on Tuesday, January 19, 2010. Inspectors will be looking at every piece of technology transmitting signals to make sure there is no interference with air traffic control, pilots, and any electronic navigational gear. The inspection will likely take two to three days and once crew members gather all of the data needed, they will prepare a report of their findings and report and remove from service any equipment that is not functioning as it should.
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Gary Airport Passes FAA Inspection. --- Keith Benman, NorthwestIndiana Times, January 15, 2010
Gary/Chicago International Airport in Illinois received its second positive report from regulators, in addition to receiving a “clean bill of health” for airport finances three weeks ago. The Federal Aviation Administration inspection found “zero operation or airfield maintenance           discrepancies” and Airport Director Chris Curry was pleased with the airport’s positive start to 2010.
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Alternative Aviation Fuels Lauded. ‑-- Federal Aviation Administration, January 14, 2010
The Commercial Aviation Alternative Fuel Initiative (CAAFI), a Federal Aviation Administration-sponsored effort to develop environmentally sound and sustainable-alternative jet fuels, received Air Transport World’s Joseph S. Murphy Industry Service Award, one of the most coveted and valued honors by a leading aviation-industry publication. CAAFI combines innovative public-private partnership with an initiative to foster efforts to ensure critical issues in fuel safety, research and development, environmental impacts, and business and economic viability are addressed.
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Wind Co. Abandons Suzie’s Peak. --- Save Our Seashore, January 17, 2010
Vermont Community Wind Farm has decided to abandon Suzie’s Peak in Ira, Vermont, citing the location to be “too controversial and too problematic.” VCWF had planned to build an 80-megawatt wind farm in and around Ira, but met with public outcry and a potential veto from the Federal Aviation Administration, as the wind turbines may have posed a navigation hazard to nearby Rutland Airport. The company is still looking at 34 potential sites in Ira and nearby towns.
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The Death of 100LL Avgas. --- All Things Aviation, January 20, 2010
At a recent Aircraft Owners and Pilots Association Aviation Summit a number of aviation industry leaders commented that lead will be removed from aviation fuels in the near future, especially with the government’s growing concern for the environment. It is likely that legislation will soon be passed prohibiting lead in 100LL (Low Lead) avgas and requiring an unleaded version instead.
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Mount Pleasant’s Airport Could Add 40 Acres for Runway. --- Hilary Farrell, CentralMichigan Life, January 20, 2010
Airport officials are working on a plan to add 40 acres of land to Mount Pleasant Municipal Airport in Michigan so that the airport’s crosswind runway can be increased from 2,500 feet to 4,000 feet. Assessments for the site were approved last year and should be completed in late spring or early summer, after which the city will look further into purchasing the land. The assessments cost is $80,000 and the 40 acres will cost $100,000, with the assessments covered by federal and state grants and 97.5 percent of the parcel of land likely to be paid by federal grants as well.
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Potential Defects in Cockpit-Door Locks Worry Officials. --- Andy Pasztor, The Wall Street Journal, January 21, 2010
Cockpit-door locks installed on at least 1,600 widely used jetliners to keep intruders from accessing flight decks might be defective, worrying airlines and aviation authorities. The electrical controls or the bolts used to secure the doors can jam or fail to operate properly, and thousands of commercial jets worldwide will likely require some type of cockpit-door modification.
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Bellingham Airport to Shut Down for Much of September. --- John Stark, The Bellingham Herald, January 21, 2010
Bellingham International Airport in Washington could shut down for nearly three weeks in September 2010 for a $23 million project to resurface the runway and adjoining taxiway. The 6,750-foot runway is in poor shape and the resurfacing project will include improved drainage to extend the life of the new runway, while the 7,250-foot taxiway will be widened from 60 feet to 75 feet. All but $1.2 million of the cost of the project will be borne by the Federal Aviation Administration.
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FAA Sends Temporary Air Traffic Control Tower to Haiti.--- Federal Aviation Administration, January 21, 2010
The Federal Aviation Administration dispatched a portable, temporary control tower to Haiti to help assist with aircraft operations at Port-au-Prince International Airport. The tower is 44 feet long, 13 feet high and eight feet wide, and weighs about 25,000 pounds, with two diesel-powered generators and supporting fuel tanks, and tools other support equipment for installation and maintenance. This tower and others like it are often used by the FAA to support airports where existing towers are out of service after a disaster.
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Sussex Airport Owner is Ordered to Repay $372,000 He Embezzled From FAA. --- Joe Ryan, The Star-Ledger, January 21, 2010
Paul G. Styger, owner of a small airport in Sussex County, New Jersey, admitted to embezzling from the Federal Aviation Administration and was ordered by a federal judge to serve two years of probation and repay $372,000 to the government. Styger received about $3.1 million from the FAA beginning in 2004, but began pocketing money intended for upgrading the runway, airfield, and other facilities in 2007.
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Truckers Threaten to Go on Strike, Shut Airports. --- Fran Spielman, Chicago Sun-Times, January 22, 2010
Two thousand Chicago truck drivers may authorize a strike that could cripple vital city services like snow removal, garbage collection, and airport operation to protest Mayor Richard Daley’s decision to reduce their hours and “ignore” their contract. O’Hare and Midway airports could be shut down because only Federal Aviation Administration-approved drivers with certified background checks can drive on the tarmac and clear snow and ice from runways.
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Marana, Pinal Airpark Looking to Form a Partnership for Regional Shipping Center. --- Roger Yohem, Inside Tucson Business, January 22, 2010
Pinal Airpark and the town of Marana are discussing absorbing the airpark into the town’s economic development portfolio, a move that could make the airpark a regional shipping and distribution center for freight and cargo. A possible rail yard may be going in nearby, and with the interstate Pinal County would have a “three-legged stool” of economic development.
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County to Perform Wildlife Hazard Study at Arcata-EurekaAirport. --- McKinleyville Press Blog, January 22, 2010
The Humboldt County Public Works Department-Division of Aviation will conduct a 12-month Wildlife Hazard Assessment (WHA) to identify potential wildlife species and habitat conditions hazards to aircraft at Arcata-Eureka Airport. The study is being undertaken at the request of the Federal Aviation Administration, who will then determine whether a wildlife management plan will be needed for the airport. The WHA will identify potentially hazardous wildlife species on or near the airport, analyze wildlife attractants on and in the airport vicinity, and provide recommendations to avoid potential hazards.
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Airliner Forced to Land After Colliding With Bird. --- Joan Lowy, Associated Press, January 22, 2010
A large bird was sucked into the right engine of United Flight 915’s Boeing 757-200 shortly after takeoff on Friday, January 22, 2010. There were no injuries but the pilot quickly returned the plane to the airport and it landed safely.
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Airports Chief: Ease Restrictions on General Aviation at Reagan National. --- Brian Trompeter, Sun Gazette, January 23, 2010
Metropolitan Washington Airports Authority president James Bennett is eager to see post-9/11 restrictions on general aviation flights eased at Ronald Reagan Washington National Airport. Reagan National used to accommodate 10 to 12 general aviation flights an hour, but now handles just one or two a day. Carmine Gallo, administrator of the Federal Aviation Administration’s Eastern Region, said aviation officials are holding an ongoing and aggressive discussion about general aviation at Reagan National, but its proximity to the Pentagon and key landmarks in Washington, D.C. makes it an attractive potential terrorist target and thereby requires “extraordinary measures.”
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Wind Farms Run Into Turbulence With the FAA. --- Steven Taber, Aviation & Airport Development Law Blog, January 25, 2010
Many companies are developing plans for wind farms to help move the nation from its over-reliance on petroleum products for its energy needs and as a response to the current emphasis on renewable energy and sustainability. Wind companies are fending off Endangered Species Act lawsuits and other environmental issues, but now have to contend with the Federal Aviation Administration, which is raising the issue of wind farms’ potential obstructions to aviation.
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FAA Sets Deadline for Airport Funds. --- R.G. Edmonson, The Journal of Commerce Online, January 25, 2010
The Federal Aviation Administration has set a February 22, 2010 deadline for local airport authorities to apply for entitlement funds under the Airport Improvement Program. If local authorities do not meet the deadline, the agency will be unable to award the funds or declare them protected carryover funds, as the Airport and Airway Trust Fund expires on March 31, 2010. If Congress extends the Federal Aviation Administration Extension Act again towards a date later than March 31, the FAA can continue to grant funds under the improvement program.
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FAA Proposes Limits on Companies Hiring FAA Inspectors. --- Aeroclix, January 26, 2010
The Federal Aviation Administration is proposing to put limits on airlines and other operators hiring FAA safety inspectors and their managers for two years after those employees leave the agency. The rule would prevent such organizations and anyone who owns or manages a fractional ownership program aircraft from employing or contracting with former FAA inspectors and managers to represent them in agency matters, if the former employee had any direct oversight of the certificate holder in the preceding two years. The “cooling-off” period is designed to prevent any creation of the perception of inappropriate activities.
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GAO Report: Regional Airport Planning Could Help Address Congestion If Plans Were Integrated with FAA and Airport Decision Making. --- United States Government Accountability Office, December, 2009
A recent Government Accountability Office report recommends that the Federal Aviation Administration create a review process for regional airport system plans and give priority to funding airport projects that are consistent with those plans. A number of airports are or will be significantly capacity constrained and thereby congested within the next 16 years, and the development and implementation of regional airport plans would likely identify additional solutions to help relieve airport congestion.
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European Flight Agency Issues Safety Directive Regarding Sikorsky Chopper. FAA Also Issues Airworthiness Directive. --- Michael Macdonald, Associated Press, and Federal Register, January 27, 2010
The European Safety Agency and the Federal Aviation Administration have both issued directives that require the replacement of a key part in the Sikorsky S-92A helicopter, the type of helicopter involved in a crash off the coast of Newfoundland that killed 17 of the 18 people aboard. Both agencies are calling on operators of the Sikorsky Model S-92A helicopters to replace a filter bowl in the chopper’s main rotor gearbox, as loss of oil from the main gearbox filter, if not detected and corrected, could lead to main gearbox failure and likely result in the need to make an immediate landing.
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L.A.-Area Airports See Drop in Passenger Traffic in 2009. --- Dan Weikel, Los Angeles Times, January 27, 2010
Passengers handled by Los Angeles International Airport fell 5.5% from 59.8 million to 56.5 million in 2009, while traffic at nearby Ontario Airport dropped 9.6% to 4.9 million. Gina Marie Lindsey, executive director of Los Angeles World Airports, which operates LAX and Ontario, was optimistic, saying that passenger volumes for December 2009 were 3.6% higher than December 2008, and that the airports had been expected to “end the year worse off” than they were.
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FAA Seeks Checks of Pilot Oxygen Systems on Boeing Jets. --- Andy Pasztor, The Wall Street Journal, January 28, 2010
New rules proposed by the Federal Aviation Administration call for checks of some cockpit oxygen hoses that can catch fire if there is a short circuit in a nearby electrical panel. The rules would cover three separate Boeing models and come more than a decade after manufacturers first warned airlines that certain parts posed potential fire hazards. It is unusual for the FAA to wait so long to mandate safety actions in the wake of a manufacturer’s recommendation, but the agency does not apparently consider the hoses to be high-priority safety hazards because it has proposed giving carriers three years to complete the inspection and replacement efforts.
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Planes Get Too Close on Approach to LAX. --- Associated Press, January 26, 2010
An error by an air traffic controller allowed a commuter plane to get too close to a Boeing 767 on approach to Los Angeles International Airport last week. Pilots are required to maintain five miles of separation to avoid wake turbulence that can send smaller planes out of control, but an American Eagle Embraer E315 came within three miles of the tail of the Chilean-based LAN Airlines plane while flying at about 7,000 feet.
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FAA Cites Progress in Drive to Improve Commuter Airline Safety. --- Andy Pasztor, The Wall Street Journal, January 27, 2010
The Federal Aviation Administration said new government and safety initiatives have succeeded in lifting the overall safety of U.S. commuter airlines, with the improvements stemming in part from closer government oversight of pilot training and from moves by carriers to better identify and track weak pilots. In a report released Tuesday, January 25, 2010, most airlines were given generally high grades for their response to the FAA’s call to step up commuter safety last June, and there was much coverage of the agency’s efforts to improve safety.
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FAA Investigates Misuse of Lasers on Airplanes. --- Jonelle Merrill, ABC4.com, January 26, 2010
The Federal Aviation Administration is investigating incidents of lasers being pointed into cockpits--pilots from different airlines including Delta and Southwest reported four laser sightings within the space of an hour on Sunday, January 23, 2010. FAA spokesperson Mike Fergus for the Northwest Region pointed out that most laser sightings do not amount to much more than an annoyance for pilots, but that there have been incidents where a pilot has had to go to the hospital for some treatment. Lasers are especially dangerous because they can be found at most office supply stores and can fall into anyone’s hands.
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Group Says Wind Watch Project Impacts Need Review. --- Anne Adams, The Recorder, January 28, 2010
Highland County, Virginia citizens are concerned that Laurel Fork, the protected stream in western Highland, might be seriously affected by the planned industrial wind facility on nearby Allegheny Mountain. The group has asked the state Department of Conservation and Recreation to take another look at the potential impacts of the facility and to include public participation in a more thorough review, and if ignored, will look for help with other agencies and find other options available to ensure the stream is protected by the Clean Water Act.
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Airport Airing Concerns Ahead of Windmill Vote. --- Charles Owen Bluefield, McClatchy-Tribune Regional News, January 27, 2010
The chairman of the Mercer County Airport Authority in West Virginia said he will personally hand-deliver a letter of opposition to the Tazewell County Administrator, with a decision on a controversial wind turbine farm for East River Mountain only days away. The letter addresses the airport’s concern about safety with the windmills being on the mountain and doubling the height of the ridge, making the approach to Mercer County Airport more hazardous than it already is. Dominion and BP Wind Energy North America, the two companies that have proposed the construction of the wind farm, said they have already spoken to the Federal Aviation Administration and performed an initial analysis that showed no impact on the flight path at the airport.
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3rd Quarter 2009 Air Fares: Average 3rd-Quarter Domestic Air Fares Fell 14.4% From 3rd Quarter 2008; Top 100 Airports: Highest Fare in Huntsville, Lowest Fare at Atlantic City. --- Bureau of Transportation Statistics, January 28, 2010
Average domestic air fares in 2009 fell to their lowest July-to-September level since 2005, dropping 14.4 percent from the third quarter of 2008, the largest year-to-year decline on record. Third quarter average fares were up 1.7 percent from the second quarter of 2009, however. Of the top 100 airports based on 2008 operating passengers, the highest third quarter average fares were in Huntsville, Alabama, while the lowest fares were at Atlantic City, New Jersey. Only Savannah airport, among the top 100 airports ranked by originating passengers reported, a year-to-year average fare increase for the third quarter, at 2.5 percent.
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FAA Issues ROD Approving Expansion of Ft. Lauderdale Airport

In the January 9, 2009, edition of the Federal Register, the FAA announced that the Record of Decision (ROD) for the development and expansion of Runway 9R/27L and other associated airport projects at Fort Lauderdale-Hollywood International Airport is now available.  With the publication of this notice in the Federal Register, opponents of the project have 60 days (i.e., until Tuesday, March 10, 2009) to file a Petition for Review of the ROD and the Final Environmental Impact Statement (FEIS).

The FAA identified "Alternative B1b" as its "preferred alternative" in the ROD.  That was also its preferred alternative in the FEIS.  This alternative includes the expansion of Runway 9R/27L ti an overall length of 8,000 feet and width of 150 feet.  The runway will extend to the east without encroaching onto NE 7th Avenue and would be elevated over the Florida East Coast Railway and U.S. Highway 1.  The western extent of the runway is the Dania Cut-Off Canal.  Alternative B1b also includes the following projects:

  • construct a new full-length parallel taxiway 75 feet wide on the north side of Runway 9R/27L with separation of 400 feet from 9R/27L;
  • contruct an outer dual parallel taxiway that would be separated from the proposed north side parallel taxiway by 276 feet;
  • construct connecting taxiways from the proposed full-length parallel taxiway to existing taxiways;
  • construct an Instrument Landing System (ILS) for landings on Runways 9R and 27L;
  • Runway 13/31 would be decommissioned and permanently closed due to the increased elevation of the expanded Runway 9R/27L at its intersection with Runway 13/31.

Opposition to the expansion centers around the increased noise that the expansion will bring, as well as damage to the surrounding environment.


Although the Federal Register notice states that the ROD is available on the FAA's website, as of the posting of the article it was not.  The Airport's website does have a copy of the unsigned, undated ROD, along with the appendices, which includes responses to the comments that the FAA received.  N.b., since the ROD on the Broward County site is unsigned and undated, we calculated the 60 days based on the letter sent from the FAA to Broward County that indicates that the FAA does not consider the ROD "published" until the announcement appears in the Federal Register.