If enacted, proposed legislation would change the landscape for “through-the-fence” operations at public use airports that receive Federal funding. Through-the-fence [TTF] operations occur when an airport sponsor enters into an agreement that permits access to airport taxiways, runways and facilities by aircraft based on land adjacent to, but not part of, airport property. TTF operations range from off-airport fixed base operators [FBOs] who provide aeronautical support and services, and often compete with on-airport FBOs to provide the same support and services, to residential TTF agreements that grant airport access from hangars and homes located on private property adjacent to an airport [also known as “fly-in communities” or “residential airparks”]. Historically, the Federal Aviation Administration [FAA] has “discouraged” TTF operations at Federally funded airports, especially by FBOs that would compete with on-airport FBOs. The FAA has approved some residential TTF agreements on a case-by-case basis.Continue Reading Proposed Federal Litigation Would Permit Residential Through-The-Fence Operations at Public Use Airports

As is well known, the FAA’s Record of Decision on September 5, 2007 (and subsequently amended on October 5, 2007) regarding the NY/NJ/PA Airspace Redesign generated a host of litigation.  Twelve Petitions for Review were filed in three different Federal Circuit Courts of Appeal. Seven petitions from counties, municipalities and organizations in Pennsylvania, Delaware and

In both the Record of Decision (ROD) and the Final Environmental Impact Statement (FEIS) for the New York/New Jersey/Philadelphia Airspace Redesign, the FAA states that there will be a decrease in emissions from aircraft as a result of the airspace redesign because the aircraft will burn less fuel.  To support this theory, the FAA relies upon a cobbled-together "Fuel Burn Analysis" that is nowhere to be found in any of the FAA’s orders or procedures.

However, even with the ginned-up fuel burn analysis, it is now becoming apparent that there may be no savings in fuel to be derived from instituting the Airspace Redesign’s preferred alternative.  Using the information provided in the Appendix R of the Final Environmental Impact Statement and the TAAM output files that were included in the Administrative Record as document 9285, Clean Air Act consultant Dan Meszler, of Meszler Engineering Services, concluded that the "Preferred Alternative" would seemingly increase fuel consumption.

On the following page is an excerpt from Mr. Meszler’s Report, along with a table showing the differences between fuel consumption reported in the FEIS and fuel consumption based on the TAAM data that was included in the Administrative Record. Continue Reading Airspace Redesign May Not Decrease Fuel Consumption For The Airlines As The FAA Claims