City of Santa Monica FAA Reaches Settlement Agreement with FAA, Allows Shorter Runway and Eventual Closure – in 12 Years

The Santa Monica City Council announced in a Saturday press conference that they have agreed to a Consent Decree in which FAA will allow total closure of the airport [KSMO], but not until at least January 1, 2029.

Twelve years is a long time, and will mean a lot more health impacts due to jet air pollution. Some will see this as nothing but another unacceptable extension of FAA’s agreement with the City signed way back in January 1984, (1984 to 2029: FAA has dragged this out for 45-years!). That agreement was to allow City to assert full local control of their airport land, on July 1, 2015. FAA reneged on that promise, blocking City’s efforts and intent to close nearly two years ago. And, FAA abused their administrative authority to embrace – and even encourage – the use of Part 16 administrative complaints. FAA’s slow administrative processing of these complaints is used to perpetuate use of the airport while also impeding and delaying progress by the City.

The one element of the Consent Decree that offers residents some jet air pollution relief much sooner is this detail: the City will be allowed to reduce the length of the runway, to 3,500ft. While most of the present 4,973ft runway will likely be retained as pavement for safety overruns, the actual runway available for use will be reduced substantially, and the 30-passenger charter jet proposed by JetSuiteX (under a contract with an outfit called ‘Delux Public Charter’) will not be able to safely or legally operate.

Should the City have gotten better? Absolutely. Settlements are supposed to reflect a meeting in the middle, with proper consideration for both parties in a dispute. FAA continues to abuse their authority and play the bully in the playground, forcing communities like Santa Monica to expend thousands of hours of effort and even millions of taxpayer dollars fighting skirmishes enabled by FAA’s arrogant attitude. At the least, FAA should have granted City authority to exclude jets almost immediately, and absolutely once the runway is shortened. Why? Because the residential neighborhoods around Santa Monica are uniquely too close, and too impacted by jet pollution.

An actual signed copy has not yet been shared, but if the agreement has been signed, FAA has the power to repair this failure. Simply, FAA can declare that, due to health and safety concerns and unique local impacts, the Santa Monica runway is officially closed to jet arrival operations.

Here is FAA’s Press Release:

Click on the image below for a scrollable view; the PDF file may be downloaded.


See also:

UPDATE, 1/29/2017: — Reactions from activist groups question the City’s sincerity, and note the lack of transparency and trust. The Airport Protest Rally is still on for Saturday, February 4th, at 11AM. Here are more archived records:

JetSuiteX Blowing Off Airport Authorities, Still Planning Scheduled Flights Out of Santa Monica

We’re down to the last two weeks. On February 6th, a charter operator wants to add to the impacts at Santa Monica with the start of scheduled passenger service on 30-passenger jets, offering flights to San Jose, Carlsbad, and Las Vegas. It appears the airport has not been certified to handle this type of operation, that for example the emergency response personnel and equipment is not sufficient for a possible accident by the operator ‘Delux Public Charter’ under JetSuiteX. But, corporate hubris ignores safety, legality, and environmental compatibility.

The scrollable PDF below shows a recent article by Beige Luciano-Adams, in a local paper, the Argonaut. This reporter did a very good job asking questions and getting candid answers from both sides. On the other hand, attempts to get candor from FAA were rebuffed. Indeed, in this whole matter, the worst character is FAA. They are truly acting as a captured regulator serving only aviation, enabling JetSuiteX to compel the City to waste resources protecting the City and people from excessive and unacceptable risks.

A real aviation regulator would have put a stop on JetSuiteX in December, shortly after they started selling tickets online. A real aviation regulator also would have ordered JetSuiteX to cease selling of these tickets with discounts for Santa Monica residents, a practice that is discriminatory and thus appears to be illegal. A real aviation regulator would have worked hard to bring the operator and the airport authority together to quickly resolve all issues, trying earnestly to create air service, but rejecting the proposal if it failed safety standards and other requirements.

FAA has done nothing … which is part of the collaborated plan.

Readers are encouraged to study this article. Reader comments/analysis shared with aiREFORM may be added to this aiREFORM page, with or without attribution, at the request of the reader.

Click on the image below for a scrollable view; the PDF file may be downloaded.

To read another local article, and to also see an analysis showing how poorly JetuiteX has done selling passenger seats to Santa Monicans (despite the discriminatory pricing), click here.

Genesis and the Story of the SERFR Arrival (according to FAA)

…But the Community continued to cry out in ever greater numbers.

And their complaints numbered in the thousands,

and then tens of thousands,

and then hundreds of thousands.

***

Crying out in a loud voice they said
Oh Lord, remove this plague of noise and pollution from above our heads.”
And the FAA said:
“For sooth. This has not happened before within our short memories. Why did the communities never before complain?”
And the Air Traffic Control angels replied saying:
Verily, the number of aircraft popping out of our bottom in ancient times were few. But now the number doth wax greatly.

A brilliant and humorous analysis of how FAA failed to serve the people impacted by NextGen arrival changes, feeding San Francisco [KSFO] from the south. The technical details presented in this are also impressive, and quite informative for anyone burdened with the health and quality-of-life costs imposed by FAA’s worsening NextGen implementation debacle.

Great work is being done by some very talented people at Sky Posse Los Altos.

Created by Ron Rohde, with Sky Posse Los Altos. Click on the image below for a scrollable view; the PDF file may be downloaded.

[KLMO]: Shifting the Model

Citizens for Quiet Skies, in Longmont, CO, has fought heroically to bring balance and moderation to the skydiving noise impact by Mile Hi, at Vance Brand Airport [KLMO]. The group took their concerns to the state courts, and then took it further to an appeal. In the process, CFQS has helped to illuminate yet one more reason that aviation impacts are out of control: the court systems (just like the faux-regulators) are biased towards accommodating commerce, and too quick to defer to FAA and federal authority.

I ran into this quote by R. Buckminster Fuller:

“You never change the existing reality by fighting it. Instead, create a new model that makes the old one obsolete.”

He makes a good point. When you study aviation impacts, you see ample evidence that, no matter where it is (a skydiving issue in exurbia, an air tour issue at Grand Canyon, a NextGen impact near a major hub airport, and so forth), the present imbalance is carefully sustained – and even expanded – via the carefully coordinated use of propaganda tools. The Av-Gov Complex uses propaganda tools to frame the issues favorably for air commerce while also keeping the average person from seeing the relevant truths.

Led by lobbyists and with ample faux-regulatory cover provided by FAA, the Av-Gov Complex created the present model, and they are being damned careful to control any efforts to change that model. But, facts and truths are problematic to those who are corrupt and self-serving; if we persist, as Kim and others have in Longmont, eventually we can shift the model and restore the balance. The noise impacts are real and problematic, just as the aviation operator profits are real and narrowly focused; but we can change the model to include other important factors, such as safety.

Shifting the Model to include SAFETY

One relevant truth about skydiving is this: skydive operators consciously choose to offset their climbs, so that the noise impact is not happening over the actual airport but instead is happening many miles from the airport. This decision shifts the noise impact onto people who may have no idea why, starting on a certain sunny day a few years ago, they now always hear lots of droning airplanes diminishing the best weather-days of the year.

There are safety consequences of this decision that are often overlooked. In particular, a skydiving plane doing repetitive climbs far from the airport drop zone poses a higher midair-collision hazard to other small planes passing through the airspace.

klmo-20170110scp-vfrmap-airport-vicinity-with-5nm-radius-circle-added

VFR sectional centered on KLMO. The red circle has a 5 nautical mile radius. Many of the skydiving climbs happen outside this circle, to the south and west. (click on image to view sectional and other images at VFRmap.com)

In the Longmont example, FAA’s aeronautical charts include a symbol at KLMO to alert pilots that this is a skydiving airport … but, if the climbs are far from the airport, even the most safety-conscious pilot, passing through may not see the skydive plane until it is too late. And the edge of the Front Range is a heavily-flown airspace for small planes.

A proactive FAA would judiciously constrain the skydive operator on where they must conduct their climbs, flying within a clearly charted climb zone positioned over and adjacent to the charted drop zone. For example, they might require climbs within a 2-mile radius of the airport center, or the drop zone coordinates. If the weather was marginal within that defined climb zone, the operator would simply have to stay on the ground, which eliminates both safety risks and noise impacts. If the repetitive noise generated within the defined climb zone increases noise complaints to those near the airport and under that airspace, then FAA would have the hard data they need to further constrain the operator’s annual permit letter, imposing hour-limits per day, alternate days off, and other noise mitigation strategies.


See also:
  • 1/28/2017 – the next CFQS meeting, at 10AM at the Longmont Public Library (click here for further info)
  • 1/6/2017 – a recent OpEd in the Longmont TimesCall

City of Santa Monica Rejects JetSuiteX ‘COP Application’ for Part 135 Charter

For a month now, an air charter operator based in Irvine, CA and affiliated with JetBlue, has been selling seats online for scheduled passenger flights to begin at Santa Monica in early February. Weeks ago, the CEO of JetSuiteX, Alex Wilcox, told reporters he believes the City cannot stop this proposal. This despite the fact that the airport is crowded dangerously close to dense residential neighborhoods, and there is no indication the City is prepared with the level of crash-fire-rescue support needed for scheduled flights carrying up to 30 passengers.

Here’s a PDF of the application for a Commercial Operations Permit, signed by JetSuiteX COO Michael Bata:

Click on the image below for a scrollable view; the PDF file may be downloaded.

And, here’s the City’s response letter signed by Airport Director Stelios Makrides, rejecting the application as incomplete, and requiring a valid Environmental Assessment:

Click on the image below for a scrollable view; the PDF file may be downloaded.

For the past month, FAA has been suspiciously (and negligently?) quiet on this matter. What’s needed next is for FAA to break this silence and take action.

FAA is the final federal authority and routinely usurps local authority, to effectively run airports from a distance and for the industry, often with severe negative impacts upon the local community. If they are to be responsible, FAA needs to immediately issue an Interim Cease & Desist Order against JetSuiteX, Delux Public Charter, and Atlantic Aviation, to ensure no scheduled air charter operations begin at Santa Monica without all required permits. This should be easy for FAA to do; after all, FAA has recent experience issuing Interim Cease & Desist Orders related to Santa Monica.

EPA’s Online Resources

20170108scp-epa-regions

(map and table, showing EPA’s ten administrative regions)

The U.S. Environmental Protection Agency (EPA) was created in 1970 “…for the purpose of protecting human health and the environment by writing and enforcing regulations based on laws passed by Congress.”

The effectiveness of EPA has been questioned by practically everyone; pro-commerce types swear EPA is too onerous, while pro-environment types insist EPA consistently falls short in protecting the environment.

Back in 1970, the year of the first ‘Earth Day’, our Congress was as constructively focused on environmental issues as they have ever been. Sadly, most Congress’s since have served commerce far ahead of people, passing laws, bending rules, and granting targeted exemptions that always further undermine EPA. This includes in the area of aviation impacts. Congress has consistently redistributed authority away from EPA and into FAA, on critical environmental matters including aviation noise and leaded aviation fuel. And, Congress has also consistently federalized authority; they’d rather strip local officials of their basic rights to run their local airports to serve the needs of their local community, and instead give that authority to faceless and unaccountable FAA bureaucrats.

A regulatory agency can be constrained by laws, but the most fundamental power is in information. Thus, even a defanged EPA can empower people, so that each individual can understand environmental impacts and effectively advocate for their family, to protect their environment. EPA can serve us – and they do, with work such as their ‘Citizen Science for Environmental Protection’ Program (selected content copied and archived here). But, and especially in the present political landscape, it is UP TO EACH OF US to do the work beyond the data: we have to take that data, formulate the message, and advocate the change.

So, for example, we can look at reports such as this one, showing diminished air quality and other impacts in the neighborhoods to the north of SeaTac Airport [KSEA]. We can also look at the December 2016 report done by the National Advisory Council for Environmental Policy & Technology, ‘Environmental Protection Belongs to the Public – A Vision for Citizen Science at EPA’.

Where Do We Go Now?

If we take away one lesson from the politics of 2016, it should be this: a Democracy is doomed to fail, where the people are not actively engaged in the decision-making process. We cannot expect to achieve the ideals we want and need as a nation (or as a small, local community), if people do not participate. We cannot be distracted; we cannot be lazy; we must guard against the manipulation of voting data and other forms of election fraud; and, we must not allow the selective disenfranchisement that is happening due to ‘the new Jim Crow’ discriminatory laws. Similarly, we cannot expect to benefit from the sound application of science where many of our elected leaders are collaborating with lobbyists seeking to discredit science; climate change denialism is a good example of this failure.

With that in mind, there is a glimmer of hope for the new administration. The GOP has championed de-federalization and expanded LOCAL authority in all matters. Thus, it is conceivable that we may be surprised; Trump, Ryan, McConnell and others may shrewdly use aviation as an example, demonstrating how to reduce bureaucracy, save money and localize control while de-federalizing the authorities that FAA has increasingly abused.

2017-01-06: ‘Accountability Check’

Below is a sample of a recent query to FAA, and a reply by an FAA official. This example relates to NextGen impacts in western Long Island, near the [KJFK] and [KLGA] airports. The original query was directed to Carmine Gallo, FAA’s Regional Administrator, but passed on to Rick Riley at the FAA HQ Noise Ombudsman Office.

You can judge for yourself … how well did the FAA official do in the reply?

  1. Did he or she answer any questions?
  2. Did he or she inform and educate?
  3. Did he or she clarify who is accountable, or did he or she identify who is responsible?
  4. Did he or she go a step further and identify the problem, then take action to actually FIX THE PROBLEM?
  5. …or, did he or she just return a mumbo-jumbo form letter response, with added platitudes and pro-aviation propaganda, while obscuring accountability and kicking the can down the road?

View copies at these links: Query, Reply. Here’s how the impacted homeowner judged Mr. Riley’s email reply:

We need our questions answered from the FAA &/or the PA and we need them now!! No more shifting blame. Someone needs to take responsibility!!

One Table Shows the Reality of NextGen

Here’s some data to ponder as we start into a new year: a table, showing commercial operations at each of FAA’s OEP-35 airports, from 2007 onward.

Focus first on the pink column, three columns from the right edge; the airports are ranked in descending order, by the percent decline in annual operations, comparing 2015 with 2007.

Note that the largest declines, at Cincinnati [KCVG], Cleveland [KCLE], and Memphis [KMEM] are huge: down 61%, 53%, and 43% respectively. Note also, the declines are even larger when you compare Total Annual Operations in 2015 vs the various historic peak years for each OEP-35 airport, in the two columns on the far right; for these figures (which include general aviation and military operations data), all airports have declined, ranging from 74% to 2% and averaging 24%.

Click on the image below for a scrollable view; the PDF file may be downloaded.

Three facts stand out from this table, and they all strongly contradict the sales pitches that FAA and industry have been collaborating on the past few years:

  1. Note the bright green line across the table. Just under it are five airports: Charlotte [KCLT], Reagan National [KDCA], Miami [KMIA], Seattle [KSEA] and San Francisco [KSFO]. These are the only five of the OEP-35 airports that recorded an increase in commercial operations from 2007 to 2015; i.e., 6 out of 7 OEP airports SLOWED substantially while the national population grew.
  2. The airport identifiers marked in a dark-red background color are the airports that in 2016 had extensive noise complaint histories (documented online, and in the mainstream media) related to route concentrations under NextGen. Routinely, FAA has imposed these routes without adequate public review, abusing the ‘categorical exclusion’ process. Numerous legal actions have resulted.
  3. For all OEP-35 airports combined, commercial operations have steadily declined 11% from 2007 to 2015, nearly every year. This is industry contraction. And furthermore, the vast majority of U.S. commercial airports peaked in the 1990s, some more than two decades ago!

WIth the new year, we’ll see a new adminstration and changes at FAA and DoT. Don’t be fooled by the impending onslaught of yet another round of propaganda. The U.S. NAS is operating at far below historic peaks and continuing to trend downward. Growth is rare, and limited to key airports where airlines are concentrating flights into superhubs that severely impact local quality of life. The only true beneficiaries of NextGen and ATC privatization are industry stakeholders (especially the airline CEOs, FAA officials, lobbyists, and manufacturers, plus a few elected officials), who will narrowly share the profits while completely ignoring the larger environmental costs.

We don’t need oversold technology fixes pitching RNAV and RNP solutions that have been used for decades; technologies that could and would serve us all beautifully, if FAA would assert its authority with balance, and manage capacity at the largest U.S. hub airports. We need airports to serve communities while being truly environmentally responsible. And for that to happen, we need a new era of transparency and accountability at FAA. We need reform.

[KJFK]: PlaneSense 4 LI’s Latest Letter sent to Carmine Gallo, Seeking Relief

Elaine Miller’s letter lays out the facts about the ongoing and expanded Noise Hell, brought by FAA & NextGen (and sustained by the failure of elected officials to demand reform at FAA). This is a growinng problem, not just at Malverne (which is hit by KJFK ‘Arc of Doom’ arrivals to runways 22 and KJFK Runway 4 departures using the DEEZZ4 RNAV DEP and the JFK3 DEP, as well as Localizer arrivals to KLGA Runway 31), but across the nation.

Categorical Exclusions were a bad idea. They enabled FAA to approve more operations, at lower altitudes, closer in to the runways, and with excruciating repetition. Frankly, these past few years, FAA’s failed performance is serving only airline profits … and at great cost to the People. A change is long overdue.

Here’s a copy of the latest letter sent to Carmine Gallo, Regional Administrator for FAA’s Eastern Region:

Click on the image below for a scrollable view; the PDF file may be downloaded.

Skycatcher Failed to Catch On

Other Posts have pointed out how many aspects of U.S. aviation have been in decline for decades, yet are not talked about: TRACON operations, commercial flight operations, ASPM-77 airport operations, airline fuel consumption, the shrinking NAS, for example … all have seen substantial declines for nearly two decades. Now, here’s a similar Post, focused on General Aviation – the manufacture of small planes for recreation, small business use, etc.

In the latest sign of how far U.S. general aviation has fallen, Cessna has decided to destroy the unsold inventory of it’s model ‘Cessna 162 Skycatcher’. Within the details of this story, there is a lot to be seen about how the political system serves money and special interests, while impeding changes that would best serve everyone. All the posturing on Capitol Hill, the new laws to incentivize sales and prop up an industry in decline, the indifference as U.S. manufacturers moved production overseas to cheapen their labor costs, the false boosterism of how great aviation is for the economy … and yet it all came down to just a sad story about the recycling of some very expensive airplane pieces.

Click on the image below for a scrollable view; the PDF file may be downloaded.