February 12, 2010 - Aviation and Airport Development Updates

February 12, 2010 - A summary review of Aviation and Airport Development related news and information that was made public during the past ten days.  Trisha Ton-Nu also contributed to this post. If you would like to receive this update in an e-mail delivered to your inbox every week, please send an e-mail to subscribe@calairlaw.com with the word “subscribe” in the subject line.

Families of Those Lost in Crash of Flight 3407 Angry With FAA. --- Scott Brown, WGRZ, February 6, 2010
The families of the victims of Flight 3407 are increasingly frustrated and angry with the Federal Aviation Administration, critical of what they see as the agency’s inaction. They are pushing for first officers on regional airlines to have the same flying experience as the pilot’s, but Randy Babbitt, FAA Administrator, said while numbers might be important, the FAA needs to take “a hard look” at all of the elements of training a pilot has been exposed to. The families are now shifting their focus to Congress, where the House has already passed a flight safety bill and the Senate has a similar bill.
Click here to read more

More articles on this topic:

No Way to Run Airlines: FAA Has Done Nothing About Roots of Buffalo Crash. --- New York Daily News, February 8, 2010
The Federal Aviation Administration has done little about the safety lapses that were partially responsible for last year’s crash of Colgan Air Flight 3407 near Buffalo, New York. Despite repeated pressure from the National Transportation Safety Board, which made recommendations “time after time,” the FAA ignored them and has a reputation of long and ineffectively attempting to cajole the airlines into reforming themselves.
Click here to read more

Pilots Risk All for Low Hours, Low Pay. --- Miles O’Brien, Marketplace, February 9, 2010
Regional airlines like Colgan have been involved in every one of the last six fatal commercial airline crashes in the U.S. Safety sometimes takes a bottom line at these airlines because they are often paid by the majors on the number of flights they complete, and not the number of passengers they carry. Pilots, too, are only paid for the hours they fly though they may be on duty for many more; as a result they are underpaid and overworked. The current pay scheme could and seems to have undermined safety, though the Regional Airlines Association president insisted profit never trumps safety.
Click here to read more

FAA May Consolidate Northern Ohio Air Traffic Controllers for Efficiency’s Sake. --- Associated Press, February 5, 2010
The Federal Aviation Administration is proposing to consolidate air traffic control operations for Akron, Mansfield, Toledo, and Youngstown airports at Cleveland Hopkins International Airport in Ohio. The agency said no decision has been made and the upgraded Cleveland facility will not be ready before 2015, but that the proposal is considered an efficiency move. The controllers union opposes the move, asserting that emergency flights would be denied contact with controllers who know the local terrain.
Click here to read more

Airport Meeting Yields Ideas, No Decisions. --- Brad Dicken, The Chronicle-Telegram, February 5, 2010
Lorain County, Ohio officials had a private meeting with pilots, condominium owners, and others with a vested interest in Lorain County Regional Airport, but no decision was reached on whether the airport will not be closed. County commissioners intended to close the airport January 15 but faced opposition from airport users and the Federal Aviation Administration, which warned the county it could face a federal lawsuit to keep the airport open. The county is examining ways to increase traffic and thereby revenue at the airport, and how to get federal stimulus money to improve the airport.
Click here to read more

Airport Asks for FAA Help to Keep Wanderers Off of Taxiway. --- Andrew Travers, Aspen Daily News, February 8, 2010
Airport officials for Sardy Field in Colorado have requested the Federal Aviation Administration visit the airport and observe the number of people walking into an area where planes taxi to and from the runway in the section reserved for private jets. The phenomenon is potentially dangerous and the airport is hoping the FAA can assist in brainstorming a way to stop it. Airport director Jim Elwood pointed out that none of these incidents have interfered with flight traffic or put anyone in danger, but said the airport just wants to ensure it is operating at “the highest standard of safety.”
Click here to read more

Agencies to Fault American on Maintenance. --- Andy Pasztor, The Wall Street Journal, February 9, 2010
The Department of Transportation’s inspector general will soon release a report outlining apparent failures by AMR Corp. to identify and promptly resolve aircraft maintenance problems in 2008. American Airlines will be under sharp criticism from the DOT and the Federal Aviation Administration, which both accuse it of serious maintenance lapses.
Click here to read more

Southwest Airlines Facing FAA Safety Investigation. --- Dave Michaels, The Dallas Morning News, February 9, 2010
In the third such investigation in two years the Federal Aviation Administration is examining violations of safety directives by Southwest Airlines. FAA inspectors believe Southwest and a Seattle-area repair station failed to follow federally approved procedures when they carried out repair work on sections of the fuselage. The FAA could levy a fine in the tens of millions of dollars because 44 planes flew more than 100,000 flights while out of compliance. The agency has also become stricter in regards to federal airworthiness regulations after a 2008 congressional investigation found some FAA officials in North Texas became too “cozy” with carriers like Southwest.
Click here to read more
            
More articles on this topic:

American Airlines, Southwest, FAA Under Fire. --- Gary Stoller, USA Today, February 10, 2010
The Federal Aviation Administration is investigating both American Airlines and Southwest Airlines over aircraft maintenance problems. The investigations may result in the biggest fines in aviation history and could approach the $10.2 million fine the agency proposed against Southwest two years ago. The FAA itself is under scrutiny as the Transportation Department’s inspector general will soon release an audit criticizing the FAA for its lax maintenance oversight of American.
Click here to read more

Report: American Airlines May Face Eight-Figure Fine. --- Triangle Business Journal, February 10, 2010
Though sources told the Associated Press that the Federal Aviation Administration could hit American Airlines with a fine similar to the $10.2 million penalty assessed against Southwest Airlines in 2008, an FAA spokesman said the investigation was not finished and that it was too early to speculate on the amount. The investigation was launched in 2008 after safety concerns were raised about nearly 300 of the carrier’s MD-80 aircraft: improper bundling of wires in the wheel well posed a fire hazard. The problem has been fixed but the probe uncovered other possible irregularities and violations in American’s maintenance operations.
Click here to read more

DOT Temporarily Grants Delta/US Airways Slot Waiver. --- Department of Transportation, February 9, 2010
The Department of Transportation has tentatively decided to grant the waiver requested by Delta Airlines and US Airways to proceed with their proposed slot swap transaction at Reagan Washington National Airport and New York’s LaGuardia Airport. The airlines are required to sell some of their slot interests to carriers with no or limited service at the two airports, to lessen the harm to consumers that might otherwise result from the two airlines’ increased dominance there.
Click here to read more

More articles on this topic:

Delta, US Airways May Call Off Slot Swap. --- Andrew Compart, Aviation Week, February 11, 2010
Delta and US Airways said they will cancel their slot swap deal at Washington National and New York LaGuardia airports if the Federal Aviation Administration does not change the conditions it wants to attach to approval of the transaction. The carriers believe that the requirement to sell some of their slot interests to carriers with no service or limited service at the two airports would negatively impact consumers and the economic benefits created by the swap. The FAA’s decision is not final and interested parties have 30 days to comment on the tentative decision before it is made final or finalized with changes.
Click here to read more

FCC Joins Search for Solution to Airport’s ILS Woes. --- Walt Nett, Avalanche-Journal, February 10, 2010
The Federal Communications Commission has joined the Federal Aviation Administration in searching for the causes of interference that have plagued the instrument landing system at Lubbock Preston Smith International Airport in Texas for more than a week. An FAA check airplane flew several approaches and gave the system a clean bill of health on Tuesday, February 9, but pilots later began reporting sporadic interference with the signal.
Click here to read more

Time for the City to Privatize Midway Airport. --- Jerry Roper, Chicago Tribune, February 10, 2010
Mayor Richard Daley should affirm his commitment to privatization of Midway Airport in Chicago, Illinois, an initiative that could provide money for infrastructure improvements and shore up public pensions. Midway has become a phenomenal success story under the mayor’s leadership, but it must be privatized for the city to tap into its value. Economic conditions are significantly better than they were two years ago when a similar plan to privatize the airport fell through, and the mayor will hopefully relaunch the long-term lease of Midway soon.
Click here to read more

Modifications Could Affect Local Airport., --- Crystal Tatum, Newton Citizen, February 10, 2010
A Federal Aviation Administration proposal to expand airspace for Class B commercial aircraft at Hartsfield-Jackson Atlanta International Airport in Georgia could affect aviators at nearby Covington Municipal Airport and city and county residents. The proposed changes come in response to air traffic controllers’ having difficulty spotting aircraft in the current airspace. The modifications would mean more noise and more traffic congestion as all the larger aviation will be flying closer to the ground and pushing general aviation below them.
Click here to read more

Smaller Jets Gain Bigger Role at O’Hare. --- Chicago Tribune, February 11, 2010
Smaller jets are taking on a larger role at Chicago’s O’Hare International Airport, with United and American Airlines, the airport’s two major tenants, scheduling two regional jet flights for every one flown on larger jets. The airlines are making the changes because the regional jets are cheaper to fly and they are increasingly deployed for travel to big cities such as Boston, New York, and Miami, but passengers are not thrilled as the regional jets are less comfortable. Aviation consultants say airlines’ increased reliance on regional jets is a trend that is not likely to abate in the future.
Click here to read more

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.
Click here to read more

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.
Click here to read more

Aviation and Airport Development Updates

A summary review of Aviation and Airport Development related news and information that was made public during the past week. 

  • FAA Administrator Babbitt’s Pilot Fatigue Advisory Committee delivers its recommendationsAn advisory committee on pilot fatigue,convened by Administrator Babbitt, delivered its recommendations to the Federal Aviation Administration late Tuesday, September 1, 2009.  Committee members said the FAA had asked them not to make their recommendations public. Although FAA Administrator Randy Babbitt has promised to vet the recommendations swiftly and turn them into a formal proposal by the FAA, the process will take months to complete.  09/02/09, Denver Post,  http://bit.ly/4wAugf 
  • FAA gives Southwest until December 24, 2009,  to replace unapproved parts. The FAA will require Southwest Airlines to replace unapproved parts associated with hinge fittings for the exhaust gate assembly--and which help protect aircraft flaps from engine heat--by December 24, 2009.  All other unapproved parts made by the same vendor must also be located and disposed of, and results of aircraft inspections must be sent to the FAA daily.  09/01/09, FAA Press Release,  http://bit.ly/5PAe6
  • FAA tells Haines, Alaska, it cannot designate flight paths for helicopters.  Haines Borough, Alaska, is looking to eliminate flight-path restrictions and expand the number of clients that companies are permitted for commercial helicopter and heli-skiing activities.  The FAA has told the borough that it does not have the authority to regulate airspace, but borough leaders respond that they are only designating flight paths as a condition of a borough permit.  08/27/09, Chilkat Valley News, http://bit.ly/CmFqj
  • Connecticut Governor furious about low-flying F-18s. Connecticut Governor Jodi Rell was incensed about a low-flying F-18 when neither the state of Connecticut nor the FAA had received advance notice about its flight.  A spokesman for Naval Air Force Atlantic stated that the aircraft operated in accordance with all FAA-approved visual flight rules and remained within speed and altitude restrictions.  08/29/09, Hartford Courant, http://bit.ly/P4waO.
  • Expansion of Aero Country Airport in McKinney, Texas Causes Problems. McKinney City Council in Texas has approved development on the east side of the Aero Country Airport that could double its size; nearby residents oppose the expansion plans.  City By laws state that the City Council cannot reverse its decision, and Mayor Pro Tem Pete Huff seems unconcerned about homeowners who say they will move if the city does not halt the expansion, citing that the airport is part of the town.  08/27/09, NBCDFW.com, http://bit.ly/3vk14h.
  • FAA Announces $2.5M grant to soundproof homes in Key West.  The Federal Aviation Administration this week approved a $2.5 million grant to soundproof 38 homes impacted by noise at Key West International Airport.  08/29/09, KeysNet.com, http://bit.ly/phcK7
  • FAA gives Miami-Dade $4.2M to extend main runway at Kendall-Tamiami Executive Airport. The FAA gave Miami-Dade $4.2 million to extend the main runway at Kendall-Tamiami Executive Airport, which would allow heavier planes to use the airport to travel to and from destinations in Central America, South America, and the Caribbean. With an extended runway Kendall-Tamiami would be able to receive flights that would normally go to Miami International Airport. 08/28/09, South Florida Business Journal, http://bit.ly/sqmn5.
  • FAA signs ROD for Columbus (OH) Regional Airport Authority’s plan to move Columbus Airport’s runway farther south. Columbus Regional Airport Authority’s plans to relocate Port Columbus International Airport’s runway farther south along with other improvements has been approved by the FAA, contingent upon environmental remediation in the area. The next issue for the airport is a decision from the FAA on the level it will be funding the project; the government’s intent to fund only a smaller portion might require the airport authority to reapply.  08/28/09, Columbus Business First, http://bit.ly/flHYd.
  • NTSB suggests to FAA new altitudes for Hudson Corridor.  The NTSB recommended new altitudes to the FAA for helicopters and planes over the Hudson Corridor to prevent something like the Aug. 8 midair collision that killed nine people from reoccurring. In the past, the FAA has often failed to heed NTSB suggestions, with many outstanding recommendations up to 10-15 years old.  08/27/09, The New York Times, http://bit.ly/rFOqg
  • Connecticut Attorney General Blumenthal says he will take Airspace Redesign fight to Supreme Court.  Connecticut Attorney General Richard Blumenthal is disappointed that the U.S. Court of Appeals for the D.C. Circuit has denied an Aug. 19 request to reconsider its refusal to halt the new FAA airspace redesign project. Mr. Blumenthal is preparing an appeal to the U.S. Supreme Court asking it to overturn the ruling and override the FAA, since the FAA used defective data on noise and traffic and failed to follow its own rules and procedures. 08/26/09, acorn-online.com, http://bit.ly/2UUXRs
  • FAA investigates Southwest regarding use of unauthorized parts.  FAA air-safety regulators are investigating unauthorized parts installed on at least 42 Southwest Airlines jets and why the carrier’s maintenance-control procedures failed to identify the problem. The suspect parts do not pose an “immediate safety issue” but planes were temporarily grounded. The controversy exemplifies continuing friction between airlines and federal regulators on how to deal with minor maintenance lapses.  08/26/09, Wall Street Journal, http://bit.ly/4n2Srj.
  • Houston receives $8.8 million in grants from the FAA. The City of Houston Dept. of Aviation received $8.8 million in grants from the FAA to install new state-of-the-art equipment at George Bush Intercontinental Airport (IAH). The grants, awarded through the FAA’s Airport Improvement Program (AIP) and Voluntary Airport Low Emission (VALE) program, will allow the purchase of equipment and vehicles that are expected to reduce emissions by up to 60 percent. 08/25/09, PRNewswire, http://bit.ly/4hcaM9.