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.  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.

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.
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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.
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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.
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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.
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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.
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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.”
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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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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October 15, 2009 - 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.  These were all first posted, in abbreviated form, on http://twitter.com/smtaber. Trisha Ton-Nu also contributed to this post.

FAA Bill Could Pass This Year. --- Adrian Schofield, Aviation Week, October 7, 2009

A staff member from the Senate aviation subcommittee believes that the Federal Aviation Administration reauthorization bill can be finished this year, though the Senate must have its bill approved by November to leave enough time for a House/Senate conference on the bill. The Commerce Committee has approved the bulk of the bill, but the Finance Committee has yet to contribute its proposals on tax changes, despite “tremendous pressure” from both lobbyists and Senate leadership to complete its work. There are some big differences to be resolved between the House and Senate bills, but none involve FAA funding and the houses are “basically aligned” on the aviation measures.

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DOT Issues Lithium Battery Safety Advisory to Increase Aviation Industry Awareness. --- Department of Transportation, October 7, 2009

 

The Department of Transportation issued a safety advisory targeting shippers and carriers responsible for compliance with hazardous materials regulations covering both passenger and cargo aircraft. The advisory highlighted recent aviation incidents involving lithium batteries and outlined the current regulatory requirements for their safe transportation. It also included an announcement that both the Pipeline and Hazardous Materials Safety Administration and Federal Aviation Administration would be stepping up enforcement of safety standards. Since 1991 more than 40 air transport-related incidents involving lithium batteries and devices powered by lithium batteries have been identified, many directly related to the lack of awareness of the regulations, risks, and required safety measures applicable to the shipment of lithium batteries.

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Controllers: FAA’s Computers Prone to Problems. --- Joan Lowy, Associated Press, October 7, 2009

 

The Federal Aviation Administration’s new computer system was unsuccessfully deployed at a Salt Lake City regional air traffic control center, raising doubts about whether it can be operational 15 months from now when the current computers must be replaced. The new ERAM (En Route Automation Modernization) system is based on satellite technology, whereas the current HOST system uses World War II-era radar technology and is a unique computer language that fewer technicians today can understand. In Salt Lake City the new system misidentified planes several times and managers in SaltLake refused to deploy it again, choosing to safely transition back to the HOST system instead.

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Report Warns Airline Delays Will Increase. --- Bruce Siceloff, Charlotte Observer, October 8, 2009

In a newly released report, the Brookings Institution warns that there will be more delayed flights and longer delays as the U.S. economy recovers and airports get busier in the coming months. The report suggested that federal airport spending would be more beneficial for travelers if it were focused on increasing capacity at the most congested metropolitan airports instead of being scattered across the U.S., and that the Obama administration’s planned high-speed rail network could cut heavy traffic on air corridors of less than 500 miles, which account for half of the nation’s flights.

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FAA Announces Serious Runway Incursions Down by 50 Percent. --- FAA Press Release, October 8, 2009

Federal Aviation Administration Administrator Randy Babbitt announced that serious runway incursions were down 50 percent for the most recent 12-month period, compared to the previous year. There were only 12 serious incursions in fiscal year 2009 with only 2 involving commercial carriers, while there were 25 such events in fiscal year 2008 with 9 involving commercial carriers. Administrator Babbitt praised the progress made since the FAA’s Runway Safety “Call to Action” meeting two years ago, but stated that there is still much work to be done to continue reducing the potential risk of collisions on runways.

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FAA Fears Wetlands Work Near NJ Airport. --- Associated Press, October 9, 2009

 

Federal Aviation Administration officials fear that a wildlife restoration project in the Richard P. Kane Natural Area could create a threat to public safety at nearby TeterboroAirport in New Jersey. TeterboroAirport averaged five bird strikes per 10,000 landings and departures last year, more than double the rate at Newark Liberty International and LaGuardiaAirports, but an airport wildlife biologist for the U.S. Agriculture Department says a busy airport and abundant bird population can coexist if properly managed.

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Getting Air Traffic Under Control. --- Bryan Walsh, Time, October 10, 2009

 

Delays and inefficiencies in air travel are largely due to an outdated traffic-control system that relies on slow, ground-based radar stations and repetitive communication, and the inefficiencies also mean fuel is wasted and unnecessary carbon dioxide emitted at a time when the air-travel industry is coming under scrutiny for its role in climate change. The air-travel industry will be under increasing pressure to cut its emissions or pay a carbon tax, and while the best immediate opportunity may be to improve fuel efficiency, the best way to increase fuel efficiency is to update the current air-traffic control system using NextGen, the Federal Aviation Administration’s long-term plan to replace the current system with one using satellites and a global positioning system.

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Airlines Set Own Emission Targets...but is fuel efficiency enough? --- Associated Press, October 10, 2009 and Steven Taber, Aviation & Airport Development Law, September 24, 2009

Members of the International Air Transport Association pledged to improve fuel efficiency by 1.5 percent a year until 2020 and called on governments worldwide to provide incentives to speed biofuel development.

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In the short run, however, technological innovations like those that would reduce emissions will not be available for implementation in the near future.

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It Is Official! The FAA Rescinds Slot Auction Rule. --- Steven Taber, Aviation & Airport Development Law, October 10, 2009

 

The Federal Aviation Administration officially rescinded its plan to enact mandatory slot auctions on LaGuardia, John F. Kennedy, and Newark airports. In 2008 final rules were published that established procedures to address congestion in the New York City area by assigning slots at the airports, assigning the majority of slots to existing operators, and creating a market by annually auctioning off a limited number of slots in each of the first five years of the rule. The rules were the subject of much litigation and controversy ever since they were first proposed by the Bush Administration, but have now been rescinded partly because of the Omnibus Appropriations Act, and the state of the economy in general.

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Fly-By-Night Story on Airport Funds Goes Off Course. --- Chuck Sweeny, Rockford Register Star, October 10, 2009

 

A Wall Street Journal story criticizing ChicagoRockfordInternationalAirport and other airports for receiving Federal Aviation Administration grants for low-priority projects is being slammed itself. Rockford International Airport Authority Chairman Mike Dunn retorts that Rockford International is a world-class facility that helps relieve congestion at O’Hare International Airport, and is one of just three airports in Illinois authorized to land flights from foreign countries. It is the port of re-entry for thousands of U.S. military personnel en route from the Iraq and Afghanistan wars to their home bases in the U.S., and will likely see the number of passengers it serves grow as the economy improves. Freight and passenger service improvements at the airport have helped generate economic development and will prepare Rockford International for its future role as a “vital part” of the Chicagoland aviation system.

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Report Says Philadelphia Air Traffic Exceeds U.S. Average. --- Linda Lloyd, The Philadelphia Inquirer, October 9, 2009

 

Passenger traffic at Philadelphia International Airport grew 45 percent in the last decade, nearly three times the national average for the 100 largest U.S. metropolitan areas, but 73.4 percent of flights arrived on time during fiscal year 2009, below the national average of 78.4 percent. The combined Philadelphia-New York airspace contributes to 75 percent of delays nationally and affects business travelers everywhere.

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Non-Radar Air-Traffic System Debuts. --- Alan Levin, USA Today, October 12, 2009

 

A new system monitoring air traffic above the Rockies was recently implemented in Colorado. Using 20 sensors clustered around four airports within the Rockies, the sensors monitor radio broadcasts from planes and computers can determine the plane’s location by measuring minute differences in the time it takes for broadcasts to reach the various sensors. The system uses similar technology to the satellite-based system the Federal Aviation Administration is installing nationwide to replace radar, and is a sign that the technology underpinning the satellite system can work.

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Key House Members Work Against User Fees. --- Kerry Lynch and Adrian Schofield, Aviation Week, October 12, 2009

 

House aviation subcommittee chairman Jerry Costello and Thomas Petri have begun a lobbying effort against potential aviation user fee proposals for the fiscal year 2011 budget. In a letter being circulated within the House, Costello and Petri state that they believe user fees will place an undue administrative burden and associated costs on system users and cited previous House opposition in both the 110th and 111th Congresses to proposals of using user fees to finance the Federal Aviation Administration.

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ATM Providers Welcome ICAO Declaration, WantStates to Take More Action

 

The Civil Air Navigation Services Organization commended the achievements of the International Civil Aviation Organization’s High Level Meeting on International Aviation but expressed disappointment that no actions were recommended for member states to undertake themselves to assist the aviation industry in meeting its environmental goals. CANSO Secretary General Alexander ter Kuile identified four steps that ICAO nations could immediately take to deliver an extra 0.5% of fuel efficiency improvement, on top of ICAO’s recommended target of 1.5% improvement through 2020 with carbon-neutral growth thereafter.

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San Francisco Airport, Chevron, and EPA Agree to $1 million in Environmental Improvements at InternationalAirport.

SFO Fuel, Chevron, and the Environmental Protection Agency entered into agreements to resolve violations of the Clean Water Act at a large jet fuel storage facility located at San FranciscoInternationalAirport. SFO Fuel representatives self-reported inadequate secondary containment capacity--which could result in a catastrophic spill into San FranciscoBay--and the EPA investigated and agreed. SFO Fuel, which leases the facility, and Chevron, which operates the facility, have adjusted their operations at the tank farm with alarms and automatic shut-off valves to reduce the volume that is present in the tanks until the facility is able to increase the size of the secondary containment area. The agreements require the facility to come into full compliance by next year, and SFO Fuel and Chevron agreed to pay a penalty of $177,500.

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FAA Proposes $3.8 Million Penalty Against United Airlines. --- FAA Press Release, October 14, 2009

 

The Federal Aviation Administration is proposing a $3.8 million penalty against United Airlines for allegedly operating one of its Boeing 737 aircraft on more than 200 flights after the carrier violated its own maintenance procedures on one of the plane’s engines. Between February 10 and April 28, 2008 the aircraft was flown on more than 200 revenue flights in a less-than-airworthy condition.

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FAA Proposes $5.6 Million Civil Penalty for US Airways, Inc. --- FAA Press Release, October 14, 2009 andUS Airways Responds. --- US Airways Press Release, October 14, 2009

 

The Federal Aviation Administration proposed a $5.4 million penalty against US Airways, Inc. for allegedly operating 8 aircraft on a total of 1,647 flights between October 2008 and January 2009 that were not in compliance with certain Airworthiness Directives or the airline’s maintenance program.

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US Airways issued a statement that it experienced challenges during the integration of maintenance systems and processes on flights that occurred in that time period, and is working with the FAA to investigate and correct any discrepancies and achieve a resolution of the FAA’s civil penalty proposal.