Archived copy of a good article, shared at Facebook, with some footnoted analysis by aiReform. This may help define what we need from our elected officials, to reclaim long-needed local control, so our airports are in balance with our local communities.
Thank you, newyork.cbslocal.com, for giving coverage to the abuses under the Arc of Doom. Here’s an embed for their recent 2-minute+ news video:
The root problem is a captured federal agency (FAA) that has working with lobbyists and the airlines to slowly make a disaster for airport neighbor communities; they have created new regulations and technologies being used to channel flights into narrow and repetitive routes. Meanwhile, and with intent, they are ignoring impacts upon people.
This problem can be fixed. Residents could see very substantial relief if FAA/Congress worked to take away incentives that airlines like Delta and JetBlue use, to fly ever-larger number of passengers THROUGH the congested NYC airports. This hubbing practice adds a sliver more to airline profits, while immensely amplifying noise and air pollutant impacts. Address the flawed incentives, and you trim away the excessive flights. If FAA cannot do this on their own, Congress needs to step up and force FAA to do it.
One of the documents that contains data/info useful to airport impact activists is the Airport Competition Plan. These documents, typically 200-pages or larger, have to be produced by major airports where more than 50% of passenger travel is handled by two or fewer airlines.
In Seattle, Alaska has had a near-monopoly for passenger travel in/out of [KSEA] (note: both Alaska and Horizon hub out of KSEA, but Horizon is an Alaska subsidiary, thus the two are effectively one airline). Back in 2012, when Delta announced a new KSEA hub, it also meant that Alaska would get some competition. BUT… even with many more flights (and impacts!) resulting from the Delta hub expansion, the actual competition is not substantially improved. At this point in time we have an effective ‘near-duopoly’ in which Alaska and Delta each share a few routes, while each also monopolizes many other routes; and, meanwhile, most of the other airlines hold monopoly or duopoly shares in nearly all other routes.
Competition? No, not really!!
POS’s Link is Flawed, Fails to Provide the Latest Competition Plan Update
Evidently, POS complied with requirements and created their first Competition Plan, approved by FAA’s Elliott Black on 8/22/2014. Well, they were required to complete an update, and there is a link that allegedly offers concerned citizens a PDF of the Update. Unfortunately, the link does NOT provide that document, and instead goes to FAA’s approval letter. So, aiReform has contacted POS by phone, and is seeking to have this link error corrected.
Here are links to archived copies of correspondence and the approved first Competition Plan, including correspondence between Elliott Black (FAA) and Mark Reis (POS):
- 6/13/2014 – Airport Competition Plan (218p)
- 8/22/2014 – FAA Response letter to POS, approving Competition Plan (4p)
- 9/16/2014 – POS Response letter to FAA, re Competition Plan (2p)
- 11/17/2014 – FAA Response letter to POS, re Competition Plan (1p)
— Perhaps due to the phone inquiry from aiReform, POS has updated the Competition Plan webpage. The link is corrected, and they also added another link, to a PDF of the DEC-2017 Competition Plan Update. Two more documents are now added to this ai-Rchive:
While doing some online research and archiving of older FAA documents, I ran into a copy of FAA’s 1993 Aviation System Capacity Plan. (click here for an archived copy of the 389-page document). Within this document, Table A-3 offered a detailed assessment of the 100 busiest towered airports, including operations in 1990 and forecasts for 2005.
The table below was created using the 1990 operations levels and 2005 forecast data for those 100 airports. But, it goes much further. It includes the actual operations counts as they happened in 2005. AND, it includes data showing how the operations counts evolved between 2005-2016.
Take a close look. This data explains why people are suffering so much at a few key FAA airports: KSEA, KJFK, KDCA, KBOS, KSFO and others.
Click on the image below for a scrollable view; the PDF file may be downloaded.
It is extremely revealing, showing how FAA consistently forecasts far beyond what would reasonably follow … almost as if the FAA forecasts are not intended to be accurate, but instead are created to sell excessive airport development while also enhancing Congressional funding support.
A more in-depth aiReform analysis follows on page two.
At year end, we often take time to reflect. This year, let’s reflect on precisely what it means, when a U.S. federal agency is ‘captured’ by industry, so as to serve the industry instead of the larger Public. This Post will look more closely at FAA later, but for now, to help see how serious the regulatory capture problem is, let’s look at another failing U.S. federal agency: the Food and Drug Administration (FDA).
FDA, just like FAA, has many responsibilities. For example, they are charged by Congress to regulate pharmaceutical companies. Additionally, Congress has funded FDA with the intent that they will be effective, working to protect public health from dangerous new drugs. One of those drugs, released two decades ago, is the addictive opioid, OxyContin. An online search reveals a jaw-dropping epidemic of addictions – and fatalities; indeed, odds are very high that everyone reading this Post knows at least one person who has been impacted by opioid addiction. Also, and not insignificantly, a deeper online research shows the fact that representatives of both major political parties have aided and abetted this epidemic, while also obstructing reforms and failing to pass overdue corrective legislation.
So, how well has FDA done their job? If agency leaders actually view their job as ‘serving customers’ such as the pharmaceutical industry, well, they’ve done a fantastic job. But, if any of us objectively assesses FDA performance from the perspective of serving the larger Public and actually protecting health, well, FDA is a total failure.
Patrick Radden Keefe recently wrote an article in The New Yorker, The Family That Built an Empire of Pain (click here to view the source article online; click here to view an archived and annotated version of the same article). Below is an excerpt that summarizes how Oxycontin legal actions are evolving; this particular excerpt primarily quotes Mike Moore, a former Mississippi State Attorney General:
… Ten states have filed suits, and private attorneys are working in partnership with dozens of cities and counties to bring others. Many public officials are furious at the makers of powerful painkillers. Prescriptions are expensive, and taxpayers often foot the bill, through programs like Medicaid. Then, as the ruinous consequences of opioid addiction take hold, the public must pay again—this time for emergency services, addiction treatment, and the like. Moore feels that the Sackler family, as the initial author and a prime beneficiary of the epidemic, should be publicly shamed. “I don’t call it Purdue. I call it the Sackler Company,” he said. “They are the main culprit. They duped the F.D.A., saying it lasted twelve hours. They lied about the addictive properties. And they did all this to grow the opioid market, to make it O.K. to jump in the water. Then some of these other companies, they saw that the water was warm, and they said, ‘O.K., we can jump in, too.’ ” There may be significant legal distinctions between a tobacco company and an opioid producer, but to Moore the ethical parallel is unmistakable: “They’re both profiting by killing people.” …
FAA as Faux-Regulator
So, how does studying this opioid epidemic, and Mr. Keefe’s article, help us to better understand FAA’s failure? Simply by showing a near-perfect analogy for the many signs of regulatory capture. Here is a short list of discernible failure patterns, the ‘symptoms’ of regulatory capture:
- Industry becomes the primary customer. For FAA, nothing shows this failure as starkly as the whistleblower hearings held on 4/3/2008.
- Money trumps health and environment; the faux-regulator enables industry to advance corporate profits, by assisting in expansions and system redesigns that invariably bear an enormous cost on environment, health, and local (usually residential) quality of life.
- Consequences of failures are eventually lethal. FDA failures fuel a rise in addictions and overdoses; FAA failures sustain sleep-deprivation that cause most of today’s multi-fatal commercial accidents, such as Colgan-Buffalo, Comair-Lexington, and UPS-Birmingham.
- Consequences of FAA failures also extend to the corruption of a culture that we are repeatedly and fraudulently told is ‘all about safety’, when the full record shows it is anything but. For example, the agency’s use of ATSAP to hide ATC safety data from the general public; the agency’s inability to see the enormous impacts imposed by NextGen changes and hub expansions; the agency’s wanton denial of obvious performance failures (such as the controller error at Santa Monica, or the rash of near-collisions at San Francisco); and of course the war against whistleblowers (those rare few inside FAA, who choose to speak up to correct the cultural failures, only to suffer retaliation).
- Key personnel within the faux-regulator end up serving only industry, often via a revolving door. In the Oxycontin story, the key FDA regulator was earning his federal pay and building his eventual federal pension when he signed off on the fraudulent Oxycontin marketing plan; just two years later, he worked for Purdue! The same pattern happens repeatedly at FAA, all the way to the FAA Administrator position (e.g., when Marion Blakey retired, she immediately became head of a major aviation lobby firm).
- The legal system becomes a third-party tool, used to maximize corporate advantage, an additional ‘enabler’. Both industry players and faux-regulator officials posture around threats of legal actions by industry, using this pattern as a hammer to force changes that accommodate industry, at the expense of the larger Public.
- To protect industry greed, and to ensure the legal system will enable these failures to persist, a heavy budget is allocated to lawyers who self-enrich with what is effectively a ‘license to lie and deceive’. Not just industry-paid lawyers, but also agency lawyers, paid for by the people.
- If and when manipulation of the legal system appears likely to fail, especially if the case is headed for trial, a ‘settlement’ suddenly appears. ALWAYS, this last-ditch legal maneuver protects both industry and faux-regulator from any accountability, by sealing records that were about to become a part of the public record, records that would among other things reveal how badly agency officials have failed. And, routinely, the so-called ‘settlement’ will include language that shuts out third parties (such as actual communities, or victim families) from future legal action.
Can This be Fixed?
Yes, it’s all fixable. And really not that difficult to do, so long as people demand performance from both agency and elected officials. The first step, though, is obvious: we have to accept that FAA, FDA and other agencies are broken, serving as faux-regulators, enabling industry players to evolve in ways that are truly destroying homes and people. Perhaps with a new year, we can get to work?
Here, one of the area residents being victimized by Sea-Tac overexpansion suggests what really is the easiest solution: spread the flights out, so people are served locally, by their own local airport.
So, how do we make this change? The key to getting there includes changing the current system of fees/taxes to economically disincentivize hubs. For example, the U.S. Congress and FAA need to do three things:
- end ticket charges (especially the PFCs) that incentivize airport over-development. With airport PFCs, FAA/DoT collects billions of dollars each year, which are then reallocated into airport development projects. Much of this money goes to rural airports with nearly zero traffic (such as the recent debacle at Mora, MN), and the funds are generously doled out with near-zero local matches required. Airports like Sea-Tac are thus motivated to develop far beyond what the actual airport property and surrounding neighborhoods can stand.
- impose a steep carbon tax with at least half of revenues going away from aviation, such as to high speed rail. Indeed, the aviation sector provides an excellent opportunity to trial such a tax, while also funding new programs that are far more energy-efficient.
- establish a user fee system based on two key factors: direct-miles (between origin airport and destination airport), and aircraft seating capacity. Apply this fee system to all commercial flights (passenger and air cargo) as well as to all higher performance aircraft (e.g., bizjets, and flights by fractionally-owned aircraft). Thus:
- for any origin-destination pair, a 200-passenger jet would pay twice the fee as a 100-passenger jet, and a 400-passenger jet would pay 4-times as much.
- a 30-passenger bizjet would pay the same aviation user fee, whether it is chartering one elite passenger of 28, whether it is flying IFR (in the ATC system) or just out on a high-performance VFR hop.
- passenger ticket fees/taxes would be proportional to itinerary distance. E.g., a passenger ticket from Seattle to Boston via Atlanta would pay 25% higher fees due to 25% higher distance (2,712 NM through ATL versus 2,161 NM direct SEA-BOS); likewise, a SEA-LAX-BOS itinerary would pay 43% higher fees than a direct SEA-BOS itinerary (hubbing via LAX, in this example, increases distance flown from 2,161 NM to 3,091 NM).
- and, of course, this all would apply to commercial helicopters, too. A helicopter doing an urban air tour, or a helicopter charter hop from KSMO to Staples Center, would pay the fee, subject to a hefty minimum user fee per operation.
- similarly, it would apply to commercial skydive operators, whose noisy aircraft would also be subject to a hefty minimum user fee per operation.
This simple set of proposed fees/taxes would not only reduce hub pressure at places like KSEA, KJFK, KCLT, KPHX, and KBOS; it would also all but eliminate system delays, and reduce environmental impacts. Plus, this system would strongly incentivize the airlines to offer more direct flights. This would mean less travel time for the consumers who fund this system, and would be a Win-Win for nearly everyone. The only losers would be the airlines and airport authorities who have gone too long, abusing too many, under the current flawed fee/tax system that maximizes consumption.
Just one thing is required: an elected Congress willing to work together, to order FAA reform: to totally revamp the fee/tax system, replacing it with only a carbon tax and a direct-miles fee.
An excellent analysis was sent to the aiReform administrator, along with this email comment:
“This is the best article I have seen in a VERY long time about the biggest hoax ever perpetrated on the traveling public, airline deregulation.”
He’s right. David Dayen did a fantastic job writing “Unfriendly Skies: It’s time to admit that airline deregulation has failed passengers, workers—and economic efficiency.”
Mr. Dayen points out the role of all politicians, at both political extremes, in passing the Airline Deregulation Act in 1978; he debunks the myth of lower costs and higher efficiencies that actually did not happen, and shows evidence of FAA’s expanding regulatory capture; he also bears down on how the airline industry is a microcosmic example of the rise of oligopolies, that change processes and markets for their narrow benefit while imposing great costs onto many of us.
Click here to view Mr. Dayen’s source article at American Prospect, or click/scroll below to read a PDF archived copy with aiREFORM annotations.
Click on the image below for a scrollable view; the PDF file may be downloaded.
Here’s an archived copy of an excellent article, written by Barbara Castleton, one of many NextGen victims in the Seattle area. She accurately portrays how FAA and industry do not care at all about the health impacts (and diminished quality of life) caused by NextGen. A few aiREFORM footnotes have been added to this archived copy, to expand on some technical aspects.
Click here to view the source article at Medium.com.
Click on the image below for a scrollable view; the PDF file may be downloaded.
One of the most frustrating and damnable aspects of today’s FAA is their manipulation of data, to steer public opinion toward more aviation expansion. This propagandistic phenomenon has worsened in the last decade. Sometimes, to get to the facts, you have to dive deep and find what FAA wrote long ago. Here is an example…Let’s go back to early 2001.
Here’s a screencap from April of that year, FAA’s 125-page NAS Capital Investment Plan 2002-2006. This one small screencap offers some unvarnished statements about capacity and delays (and the whole document contains many, MANY more!):
- “Currently, traffic at the 25 busiest airports exceeds their practical capacity by about 1 million operations a year.”
- “Either demand is reduced, or capacity expanded to bring the NAS into balance. It is normal to experience some delay in the NAS, the challenge is to manage excessive delay.”
- RE: 15 new runways scheduled to open in the next five years: “If all of these runways are built as scheduled, they will add about 1.4 million operations a year in capacity.”
OK, so let’s take a closer look. First, let’s look at FAA’s ATADS data, the most precise database available for studying operations at all FAA and contract control towers in the U.S. Here’s a table created for the ‘top 25’ airports; in this case, the 25 busiest OEP-35 airports in calendar year 2000:What does this show? It shows a critical reality: this aviation system is NOT expanding, is NOT becoming increasingly complex, and in fact has been down-sizing for nearly two decades. In other words, the expensive changes that industry and FAA are pitching so aggressively are NOT needed, and serve only to further line the pockets of the cronies they advocate for. (…which, of course, is why they are advocating!)
Now, let’s take another look at those quotes above, and let’s do the math. Those 25 busiest airports were allegedly exceeding practical capacity by ‘about 1 million operations’ annually. The totals in the table above (use the ‘TOTALS’ column, not the ‘Commercial’ column, because that is the number that matters to define ATC workload) show 13.4 Million operations in 2000. Thus, this FAA document suggests the ‘practical capacity’ of the top 25 airports in 2000 was 12.4 Million annual operations. By 2016, three key forces (airline consolidation, hub realignment, and economic normalization) had reduced total ops to 11.1 Million annual ops, well below the alleged ‘practical capacity’. While total annual operations at the top 25 airports are down 17% (from 2000 to 2016), the only airports bucking this trend are the ones where airlines insist on over-scheduling. In other words, their pursuit of profits is the root cause of daily system delays, it also is the primary source for massive impacts upon neighboring residential communities, such as near KJFK, KCLT, and KSFO.
Note, too, that actual capacity has increased substantially (which, of course, reduces ATC complexity), with the construction not only of the ‘15 new runways’ by 2006, but the many other new runways between 2006 and 2017.
As a side note, ponder this: notice the green background stats in the table above. These are the very few airports where operations have actually increased from 2000 to 2016. Most people would assume automatically, Charlotte was tops, because of American’s massive expansion there to create a super-Hub. They would be wrong. In fact, Kennedy airport in NYC beat out Charlotte. FAA and PANYNJ accommodations to JetBlue, Delta and American are the reason that the western half of Long Island is constantly inundated with long and low arrival conga lines into JFK. The 28% increase is quite impactful.
CONCLUSION: when Bill Shuster et al stand before press cameras or preside at hearings where they pitch NextGen and ATC privatization, they are out of touch and, frankly, pitching a fraud. They should instead be focusing on managing hub capacity, imposing limits at the most congested hub airports, so that the entire system can achieve higher efficiencies and lower impacts.
A ‘thank you!’ is owed to Karen Bass, member of the U.S. House of Representatives. She has offered amendments to H.R. 3354, the ‘Make America Secure and Prosperous Appropriations Act, 2018’, legislation supported by the White House, aimed at funding what appears to be all or nearly all domestic policy agencies.
In the clip below, Bass speaks for just a couple minutes. It is interesting to notice the massive paper piles, the many empty chairs, the distractions of nearly all participants who are focused on their devices. One wonders how we can possibly accomplish meaningful legislation in these conditions and with these habits and attitudes. That said, Rep. Bass does make some very good points.