NextGen CONTINUES to be FAA’s Carte Blanche for Serving Industry

Late last year, an excellent article by Barbara Castleton was added here, in the ai-Rchives. A couple weeks ago, quite a few people started sharing this article at various social media sites related to airport impacts.

The November 2017 aiREFORM Post included a scrollable PDF copy, with footnotes added. Well, six months later, we decided to take a fresh new look at Barbara’s article, relate it to what FAA has done since, and create a new version, with new footnotes added. Of course, we did NOT look at the old footnotes until everything was finished. It is interesting to see how little has changed, and yet, too, how much more clearly the NextGen impact issues appear to be coming into a sharp focus.

Click on this link to view the Post from last November; click on the black pop-out button on the scrollable PDF below (upper right corner) to read the latest analysis:

The Impacts Are Not Due to ‘Customer Demand’, They Are Due to ‘Industry Greed’

SeaTac [KSEA] has been the fastest growing U.S. commercial airport in recent years, largely due to a 2012 decision by Delta to build a hub there. Here’s a JPEG showing KSEA annual operations and trends for each year, from 1991 through 2017:

(click on image to view the source table, which includes FAA ATADS data for 533 U.S. airports)

The data clearly reflects the operational history of KSEA. This is an airport where there was a former near-monoploy by Alaska Airlines, which is now expanding into a duopoly, with TWO airlines using it for hub operations. Notice the growth in flight numbers after 2012, following the Delta business decision. But notice also how operations at this airport declined by nearly a third, from 2000-2012. Think a bit about these sizable ups and downs: do they reflect strong swings in the local economy and population, or do they merely represent airline business decisions?

Now, ponder this concept, too: does ‘consumer demand’ drive airline business actions, or do airline business actions drive consumer demand? Is it fair to say that the entire goal of airline marketing is to stimulate more consumer demand, and ever-higher passenger mileage consumption?

Ask yourself this: regarding the demand for flying in the Seattle area (…and this is an attractive area, which has drawn many new residents from around the world), did ‘consumer demand’ DECLINE that much during the 2000-2012 timeframe, and has ‘consumer demand’ for flying by Seattle-area residents grown as massively as airport operations after 2012? In other words, is it inappropriate and misinformational for airlines, the Port of Seattle, and FAA to declare that ‘passenger demand’ is driving the current impactful hub growth, when the true driver is ‘corporate/airline demand’? Check out this screencap from page 8 of a recent FAA document (FAA’s CATEX… more about that later in this Post). If you spend any time looking at press releases by airlines and the Port of Seattle, you will find the same misrepresentations consistently repeated, all aimed at tricking readers into believing ‘consumer demand’ is driving this growth. Wouldn’t it be more accurate and truthful for the industry players to precisely attribute these hub operational changes to airline corporate decisions? Shouldn’t they instead brag about their marketing savvy and their ability to manipulate consumers, to create higher (or lower) rates of consumption? Should the industry players be more transparent, noting how when assets are reallocated from a declining hub to their latest new hub, we end up with economic decline and stagnation in the former?

The bottom-line is this: some airports grow excessively, while other airports seemingly whither away. Further evidence and examples can be viewed at the full 1991-2017 data collection for all tower airports (533 different airports, in this table). Do your own analysis for your own region, but be sure to take a closer look at the airports within the rustbelt centered on Ohio … from Detroit to Buffalo to Pittsburgh to Memphis to St. Louis and back to Detroit. Within this large region, at even the busiest airports, operational declines have averaged well over 50% from peak traffic years. And, many airport hubs have been outright abandoned.

What gives here?

Under the hub-and-spoke business model, commercial passenger operators maximize profits if they theoretically fly an infinite number of passengers into a hub airport at the same moment, have the passengers instantly sort out gate-to-gate into all the parked airplanes, and then depart all at the same instant. Of course, airports cannot be this efficient, and safety rules restrict aircraft flow rates, as both arrival and departure streams typically require around one minute spacing between consecutive flights. So, the next best thing for the airport and airlines (but certainly NOT for sleep-deprived and lung-impacted residents in the airport community!) is to tweak the rules in a way that maximizes ‘runway throughput’.

An example of this rule-tweaking is the use of diverging departure headings. At SeaTac, FAA took this to an extreme when they imposed routine 90-degree left turns immediately after takeoff, for Horizon Q400 turboprops heading south during North Flows. These departures impacted residents in Burien, the community at the northwest corner of KSEA. After concerns were raised (including legal engagement), FAA backed down early last year, removing an automated turn coordination from the tower-TRACON letter of agreement (also known as the ‘SEA-S46 LOA’). That should have been the end of this, right? Well, it was not. Instead, under new Regional Administrator David Suomi, FAA spent more than a year internally discussing and drafting papers to reinstate automated turns over Burien. The culmination of all that FAA effort (and, yes, we all paid for it!) is a 51-page CATEX document titled “Categorical Exclusion for Letter of Agreement Update to Automate a 250° Westerly Turn for Southbound Turboprops When Seattle – Tacoma International Airport is Operating in North-Flow Between the Hours of 6 am and 10 pm.” Read that title to yourself again, slowly and carefully, and try to make sense of it. All of this is just to formalize a written agreement between the tower and the radar controllers, so that the turns are automated, instead of coordinated verbally (push a button down, state a few words, and get concurrence … typically takes 2-3 seconds total) on a case-by-case basis. And, the automation discards the safety element of a diligent analysis of the traffic picture for each coordination event. Anyway, here is a copy of FAA’s PDF:

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

Like its title, this document is a doozy. Spend a little time studying it and you will see the extremes FAA goes to so as to enable excessive airport expansion. Page after page, lacking in substance, heavy on repetitive ‘safety’ and ‘efficiency’ soundbites, none of which are substantiated. If a particular detail or two really grab you, and you have an insight or a question, please email the aiREFORM administrator so we can share that on (odds are high, if you read something as puzzling or shocking, others will read it the same way, too). And, by the way, don’t waste your time trying to search this FAA PDF, because FAA scanned it to be unsearchable. I.e., although this captured agency claims to be engaging the community on matters such as early turns over Burien, in truth they are knowingly reducing the value of tools (such as this 51-page CATEX document) that concerned citizens need to carefully study). This trend, away from searchable PDFs, has been observed in FAA’s FOIA responses; whereas in the past nearly all PDF FOIA response documents were searchable, in time nearly all have become non-searchable.

The Dark Side of So-Called ‘Collaboration’

When two parties conspire in a way that adversely impacts a third party, we have collusion. In an age of propaganda, when collusion happens between aviation parties such as FAA, airport authorities, and airlines, they just call it ‘collaboration’. The true and unspoken purpose of their so-called ‘collaboration’ is to achieve a consistency in their soundbites. The early turns over Burien are an example of this ‘collaboration’. Another example is how these same players routinely claim the excessive growth at SeaTac is to meet customer demand. The short answer to that claim is, well, ‘Bullshit!’. Frankly, ‘demand’ is just a lame and misrepresentative excuse; the real cause of extreme over-expansion at airports is greed by the aviation players. And let’s be clear: it is not just the airlines, but also the airport authorities and the FAA. There is plenty of collusion to go around.

Here’s some data that proves the above point. It offers data from three Delta hub airports that have been scaled down, and shines a light on the downsizing of aviation in Middle America:

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

Conclusion:

This data reflects the harsh reality that today, in the U.S., FAA serves the airlines with a propaganda line, trying to sucker taxpayers into believing passenger demand creates impact problems at places like Seattle, Boston, Long Island, Maryland, and Charlotte. This is blatantly false, and most people at FAA know this. Hub concentration is NOT driven by consumer demand; no, airline greed is driving hub concentration, at great cost to local communities.

Congress needs to demand FAA serve all of us, not just the airlines and airport authorities. FAA is out of control and needs to be reigned in, and must not be allowed to continue operating as the captured regulator it has become.

We Can Have No Accountability Without Transparency

Here is a quick example of how FAA protects aviation industry players from accountability, and how the mainstream media gives FAA a pass on accountability.

WKYT is a CBS-affiliated TV station in the Lexington, Kentucky area. Residents recently became concerned about a low-flying aircraft. The TV station investigated and was able to extract from FAA that an aerial survey was being conducted. But, FAA would offer no further details. This news story then gets packaged as ‘FAA Explains why low-flying plane was spotted in multiple counties” Oh, really? That’s an ‘explanation’?

What gives here? This airspace is owned by the public. We are impacted by those who use it, and we all pay for the services of FAA, who is supposed to manage and regulate that use. More often than not, an aerial survey is nothing more than a specially rigged airplane with a vertically oriented camera capturing images while flying a tight grid pattern. The peace of those on the ground was impacted substantially, and people have a right to knowledge that far exceeds a corporate right to privacy. So, why does FAA not tell us who the aircraft operator was?

On roads everywhere, we have to have a legible license plate connected to a registered owner. In communities everywhere, commercial operators of motor vehicles are required to identify their vehicles – and they benefit by doing so, as their services are advertised ‘on the road’. This all needs to change. FAA needs to start serving THE PEOPLE – all of us, not just those ‘people’ who are LLCs and Corporations. And it all starts with transparency.

Debunked: FAA’s Latest 20-Year Forecast

It is that time of year, when FAA again parades out a 20-year forecast to prop up agency spending. These forecasts are notorious for being routinely exaggerated, i.e., robustly unrealistic, but the pro-spending bias keeps happening, since the exaggerations work well to dupe the public.

The opening line is revealing; compare this statement (“…All indicators show that air travel in the United States is strong…”) with FAA’s own data, which has been compiled into the table below.

This table shows combined total tower operations for all of the 500+ FAA and contract control towers, as documented in ATADS. Note that total operations peaked in 1999, and have fallen 26% since. The decline has gone on for decades, and has been steady; there is no concrete sign of a reversal.

Note also a paragraph deep in the FAA news release, justifying further expansion of infrastructural spending, on the weak FAA assumption that total airport operations will rise 19% in the next 20 years (from 51.0 million in 2018 to 60.5 million in 2038). Think about it; airport operations cannot even keep up with the positive growth rate of our national population. The data is clear: this industry has been declining. And, yes, the new forecast truly is based on FAA’s ‘assumption’, that a downward-flat trend for two decades will suddenly inflect upward.

While you critically study FAA’s news release, 24-page Forecast, and Fact Sheet (archived copies at the three links), ponder these notes:

  • The RPM metric is not a valid metric for industry growth. As the few remaining airlines continue to adjust schedules with increased hub concentration, passengers end up flying LONGER flights with added legs (origin-to-hub-to-destination, and even origin-hub1-hub2-destination, instead of origin-direct-destination). This increases RPM totals. If a routing via the Atlanta hub adds 24% to the total flight distance, RPMs also increase by 24%. The fastest growing hub right now is Seattle; when Delta sells tickets for passengers between California and the Midwest or East Coast, more and more itineraries end up flying via KSEA. Likewise, as FAA continues to over-accommodate airline excessive hubbing on the East Coast, we will see RPM increases on trips to the West Coast out of Boston, the NYC airports, Charlotte, Atlanta, and Reagan National.
  • Here’s another piece of spin, from the fifth paragraph of the News Release: “Air Traffic Modernization is rapidly moving towards satellite navigation technologies and procedures which will continue to allow enhanced navigation for more aircraft….” The truth is, there has been no rapid modernization because most of the GPS system was implemented in the mid-1990s! Also, the so-called ‘enhanced navigation’ is potentially a valuable improvement, but it is consistently rendered worthless by FAA’s failure to manage capacity, such as by imposing hourly flow limits. In other words, so long as FAA continues to allow airlines to over-schedule at a handful of airline-chosen hubs, ATC will have to continue to issue delays … as we routinely see at KBOS, KJFK, KLGA, KDCA, KSEA, and elsewhere. Using online flight tracking programs, we see thousands of delays everyday, in the form of gate holds, long taxi-out times due to congestion, turns and loops during the enroute/cruise segment, extended patterns to sequence arrivals via radar vectors, and long taxi-in times due to congestion. If FAA does not change their strategy, these delays will only grow.
  • The news release notes that there were 840.8 million domestic enplanements in 2017. If we fly a nonstop ticket from our origin to an airport destination, it will count as one enplanement, but ONLY if it is a direct nonstop flight. If we fly via a hub, or a series of stops, the number of enplanements increases (one enplanement per takeoff segment). Thus, a figure of 840.8 million enplanements in 2017 sounds like a big number, but actually means no more than 420.4 out-and-back ‘trips’. With more data, we could establish an estimate that is likely even fewer than 300 million actual full ‘trips’ per year, once we factor out extra trip legs (such as via hubs).
  • The news release also cites a 1.7% annual growth rate estimate for domestic enplanements, but how much of this will be due to increased hubbing? Even the simplest hub-related flights (e.g., outbound routed origin-HUB-destination, and return trip routed destination-HUB-origin) tallies four enplanements, which is roughly double the national annual average. If Delta, JetBlue, and others intensify hubbing, we can end up with an annual growth rate far exceeding the national population growth rate. But, with more hubbing, this would actually be less energy-efficient; lengthened flight distances and more stops would INCREASE fossil fuel consumption, having an even higher impact on climate and communities.
  • On average, U.S. citizens fly less than one commercial passenger air trip per year. And, importantly, some of us travel a whole bunch, many times per week. So, in this annual forecast, we really need FAA to go deeper with the data and attempt to accurately define just how elite air travel is. What percentage of our national population did not fly at all in 2017? And what is the trend year to year; are more people responding to climate change concerns by electing to travel less, or not at all? It could actually be that airlines serve an elite few U.S. citizens, more so than the larger ‘general public’. Considering the intensive fuel consumption (and impacts, upon climate change as well as health and neighborhood quality of life), it would be an appropriate national policy to stop subsidizing this industry and shift costs away from communities and onto the airlines and passengers; it would also be an appropriate national policy to impose a fee structure that discourages excessive flying by one passenger (e.g., no tax on the first two roundtrips per year, a steep tax for the third thru fifth roundtrip each year, and a very steep tax for subsequent roundtrips).
  • Aviation is the most intensive fuel-consumption activity in our modern lifestyle. It has enormous negative impacts, not only upon climate change, but also upon public health and neighborhood quality of life. Efforts to increase airport capacity do not reduce these impacts; they INCREASE these impacts.
  • Near the bottom of the news release, a paragraph glows about how this annual forecast is the ‘industry-wide standard’. More accurately, this annual forecast is a propaganda tool issued by a captured regulator, in collaboration with industry players and their lobbyists. It is disinformational, an improper use of public monies.

First StART Meeting at KSEA: Great Write-up by David Goebel

The first StART Meeting was held at KSEA, on February 28th. Vashon Island activist David Goebel posted a great write-up at the NORNP.org website (click here for aiRchived copy). It also is clear that Sheila Brush asked some great questions, to try and help Port of Seattle (PoS … perfect acronym, no?!?) officials drill down into the real impacts of this major airport, which appears stuck in a mode of selling out to profit-seeking by Alaska and Delta airlines.

As I understand his story, it was around two decades ago that David purchased land near the north end of Vashon Island, hoping to enjoy the bucolic setting a ferry ride away from the city. Those dreams crashed when FAA implemented the HAWKZ arrival and accommodated Delta’s hub development, creating nearly nonstop arrival streams at lower altitudes. There are many nice places to call home, around Seattle, but sadly airline over-accommodation is destroying them.

David offered this closing comment:

“…something that struck me as sadly ironic is that it was really quiet in the conference room; I didn’t hear any planes. This is in stark contrast to my cabin on Vashon Island, where as often as every two or three minutes they drown out all the sounds of nature, destroying the reason I moved there 20 years ago…..”

See also:
  • PoS StART webpage – link
  • 2/28/2018 – POS’ Agenda for StART meeting (link for archived copy)
  • 2/28/2018 – Lance Lyttle’s 22-pg slideshow for StART meeting (link for archived copy)

Santa Monica’s Airport Subsidies, & the ‘Draft Minimum Standards for Commercial Operations’

This past week, numerous local citizens met with city airport officials, to discuss the DRAFT Minimum Standards for Commercial Aeronautical Services. This 41-page document (archived here) may be well worth reading … not just for those who fear continued air charter operations at the shortened KSMO runway, but also for people at other U.S. airports, seeking to clarify who is to be held accountable for the airport impacts.

Some of the content is mere boilerplate, but other details make it clear that the two key airport regulatory parties (FAA and airport authorities) both tend to ignore area residents while serving only commercial operators. And how is this done? Well, if and when a citizen raises a concern, the airport regulatory party is quick to pretend they are not accountable while also directing all concerned citizens ‘to the other party’. The result is regulatory failure; where safety and environment demand real and timely accountability, instead we find an accountability vacuum.

At Santa Monica, the impacts continue. Although the runway was substantially shortened, jets and charter operations still fly. Area residents remain fearful that the City will allow – or even encourage – the development of increased air charter operations.

‘Minimum standards’ should exist, especially as related to safety and environmental impact. Given how marginally unsafe the shortened runway is for larger, fuel-laden commercial flights, it is absolutely appropriate for the city to refine their minimum standards in a way that shuts down commercial charter operations. But, will they do so?

Submitting suggestions or comments on this Draft

Ben Wang, at the ‘SMO Future’ Facebook group, submitted a table with his suggestions (click here to view the aiReform archived copy).

Readers who wish to may submit their own suggestions. The two key airport officials to contact are:

Something Else to Think About: Who pays for these airport officials?

Mr. Markos is Airport Manager, a position he has held since 2013 (per this news release). After a quick online search, it was not yet clear what his annual salary is. But, that same search revealed that Ms. Lowenthal, as the Senior Advisor to the City Manager on Airport Affairs, earns a $162,036 annual salary. (click here to view the City’s 9/28/2017 press release)

Here’s something to think about. In good form, to justify a high salary, the city’s press release proceeded to identify Ms. Suwenthal’s substantial background, both educationally and professionally. But, that point aside, if senior assistants earn this large a salary, it suggests that the costs to manage KSMO, which frankly caters to just a small group of charter operators, are quite substantial. And these costs have to be born by someone.

These high costs beg a few more critical questions:

  1. what exactly is the full extent of city subsidy for this airport?
  2. if the city subsidies ended, would area residents finally obtain relief from air pollutant, noise, and safety impacts, especially those caused by charter operators and leaded-fuel local flights? In other words, is this subsidy pattern actually perpetuating impacts that destroy health and residential quality of life?
  3. if the city continues the pattern of impact upon nearby residents (both in Santa Monica and in adjacent neighborhoods, such as West LA), where is the money coming from to pay these subsidies?

JFK: Evidence of FAA & PANYNJ Failure to Manage Capacity & Delays

The two screencaps below look at the ten most congested airports in 2000, as well as the airports for which the most money was spent expanding infrastructure between 1988 and 2002. They are screencaps from slides #17 and #19 of A Historical and Legislative Perspective on Airport Planning & Management, a January 2002 presentation by Alexander T. Wells & Seth B. Young.

In a normal economic environment, actions are taken to mitigate problems. Delays are one such problem. If the aviation sector behaved rationally, regulators (in this case, FAA) and operators (both airports and airlines) would make adjustments to reduce delays, even more so because the delays at the largest hub airports cascade into more delays at other airports.

The data in this January 2002 presentation shows that FAA and airport authorities are not acting rationally to reduce delays and are, in fact, doing exactly the opposite of what they need to do. That is, instead of scaling back excessive operations at the most congested airports, they are doubling down, spending even more money to enable even more over-scheduling (and congestion/delays) by the major airlines.

A look at the major airports serving the NYC-Philadelphia area is revealing. The four main airports all rank in the top-10 delay airports for 2000:

  • Newark (EWR, United hub): ranked #1
  • LaGuardia (LGA): ranked #2
  • Kennedy (JFK, major hub for American/Delta/JetBlue): ranked #5
  • Philadelphia (PHL, American hub being scaled down): ranked #7

The worst-case example is JFK. The role of this airport has always including serving as a major international hub, but, with the formation of JetBlue, a substantial amount of domestic hub traffic has been added. The airlines make higher profits when they increase hub through-traffic, but airline pursuit of higher profits is supposed to be balanced against impacts such as more noise pollution, more air pollution, and more surface road congestion. The airport authority (PANYNJ) and federal regulator (FAA) are supposed to ensure this balance, but they fail; unfortunately, both FAA and PANYNJ are instead focused solely on serving airline profits, and are thus blinded from seeing the impacts, such as under the JFK Arc of Doom.

How bad is the failure by FAA/PANYNJ regarding JFK? Well, notice the last column in the table below.Of the top-ten delay hubs in 2000, only two have seen positive average annual growth in operations, from 2000 to 2017. By far, the largest average growth is at JFK, averaging 1.5% annual growth in operations. Compare that with Philadelphia, which has averaged a 1.3% annual decline in operations. Is the Philadelphia population shrinking while the NYC-area population is exploding, to explain these two trends? No. These trends – and the subsequent impacts – are due to airline scheduling, motivated by airline profits. Philadelphia is scaling down because American absorbed US Airways, and since then, American has been shifting schedule capacity AWAY from PHL and TOWARD JFK, LGA, and DCA (yet another high-impact airport).

Clearly, if FAA wanted to take a decisive action in 2018, to reduce delays, that action would focus on managing capacity, such as by imposing flow rate reductions at JFK, EWR, and LGA. It would also focus on encouraging airlines to shift capacity back to PHL, DTW, PIT, CVG, CLE and other airports that are operating far below what they were designed to serve.

Ponder this fact, too: how is it that when we look at a top-ten list of delay airports from 18-years ago, we see that 80% of those airports have since scaled down while most populations have grown? How is it we are told by FAA and industry that airports and aviation are economic gold-mines, and yet this alleged booming industry is declining nearly everywhere? How much of the FAA/industry sales pitch is hot air and propaganda? Is there anything we are told by these players that reflects reality and nurtures an informed public process, serving everyone and not just corporate interests?

Here’s an online search worth trying: ‘Lane McFadden FAA’

Do any quick online search using these three words ‘Lane McFadden FAA’ and you will find quite a few links. Most are to articles and court activities related to petitions for review, filed by communities upset with FAA’s impacts and arrogance.

Mr. McFadden must be accomplished and well trained: he is a lawyer for the Department of Justice. But, the poor lad must have made a bad impression at DoJ, as he has been stuck for years, wheeling and dealing to get cases thrown out, and sometimes arguing before 3-judge panels, before the U.S. Court of Appeals for the District of Columbia (USCADC). Or, then again, maybe in the legal world he is a rock star for always having so much work to get paid for. At any rate, he was last seen – just last week – again trying to bail out FAA. He lost the Phoenix ‘petition for review’ last summer, and had to repeat his canister of ‘NextGen is good’ arguments all over again, this time for a similar case filed by residents being impacted by NextGen routes in and out of Washington National Airport.

Why Lane McFadden? Primarily because his name comes up in the article discussed below. But, even more, because I am sure glad I am not a DOJ environmental attorney stuck defending FAA. Too dark for my taste.

Here are archived copies for three cases: Click here for a USCADC decision that Mr. McFadden won for FAA in February 2009; click here for another he won, in June 2009; click here for the Phoenix PFR he lost in August 2017. Study them and you may just learn a LOT about how biased USCADC is, how they nearly always side with agencies and large corporations (first, they do all they can to just dump the PFR, then, if they do hear it, they strain their attention to side in favor of FAA; a real dog-and-pony show).

Now, about that article… here is a worthwhile analysis by Tony Verreos:

“This article says it took 2 years or more to get to the same Federal Appeals Court that ruled on the Phoenix case last year. No surprise the plaintiffs claim the FAA failed to give proper notice, and the FAA counters they went above and beyond the requirements.
Meanwhile – the one statistic that stands out very plainly is the growing number of complaints. It seems like wherever the FAA installs its new changes, complaints go up in multiples of double, triple, quadruple and even higher.
For all of the money wasted, and time people will never get back attending meetings they wish they never went to about jet noise and chemical pollution, the FAA still flat out refuses to change its Mission Statement to “Protecting Public Health and Safety” from Safety and Efficiency which it interprets very strictly as fuel savings while knowing full well how anti public health that is. And their claims of safety look great when you see no crashes. The safety chart does look great, but then they don’t display all the go arounds (wasting fuel and polluting our air), and the near misses which seem to be a growing number!”

Click here to view an archived copy of this Washington Post article.

BTW, Tony’s comment was posted at a new Facebook public group he recently created, STOP Jet Noise NOW! SFOAK North S.F. Bay Area.


See also:
  • 8/29/2017FAA Ordered to Vacate Their 2014 NextGen Routes in Phoenix (aiReform Post)

UPDATE, 1/24/2018: — An opinion piece was published at WaPost, and a copy is archived here. The author is Paul Verchinski, who is a member of the community roundtable for yet another airport where FAA’s NextGen mess is impacting residents: Baltimore-Washington [KBWI].

Is Trump ‘Reloading the Swamp’?

It is good to see Administrator Huerta move along, though it would have been much nicer to see the President fire him a year ago.

Now, as to who will be heading FAA(?)… …well, it looks like the AvGov Complex powers-that-be are not trying to change the current game plan. Here is a clip from a recent article, with a short bio of acting Administrator Dan Elwell:

“Elwell was FAA assistant administrator for policy, planning and environment from 2006 to 2008. He was Aerospace Industries Association (AIA) VP-civil aviation from 2008 to 2013 and Airlines for America (A4A) SVP-safety, security and operations from 2013 to 2015.”

For airlines and lobbyists, Elwell has all the right plumage; his record suggests he is a revolving door swamp monster, and an industry loyalist. Not likely to be focused on making FAA accountable to the thousands whose homes and health are being destroyed by NextGen.

Click here to view source article at ATWonline.com, or here to view an archived copy, with some analysis footnoted by aiREFORM.


See also:
  • 5/15/2014 – (the Federal Register revision to ATSAP that stops citizens from using FOIA to learn about aviation safety failures … signed by Mr. Huerta.)
  • 8/19/2013 – (detailed letter opposing FAA’s proposal to hide ATSAP data from the General Public (7-pages plus a 4-page attachment)
  • 4/3/2008 – (full-day congressional hearing about FAA whistleblowers, and FAA management that not only works to stop safety actions, but also works to punish the whistleblowers.)
  • 2/15/2015 – (‘What’s all the Noise about Airport Noise?’, a 7-page slideshow presentation by Mr. Burleson)
  • 1/11/2018 – (FAA’s online bio, Dan Elwell)
  • 1/11/2018 – (FAA’s online bio, Carl Burleson)

Reflections on FAA as a Faux-Regulator Serving Industry, Not the Public

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?