FAA Ordered to Vacate Their 2014 NextGen Routes in Phoenix

After three years of misery and sleep loss, residents in the Phoenix area may finally see some relief. This Judgment was just announced:Using the only legal recourse available to those impacted by FAA’s NextGen implementations, both the City of Phoenix and historic neighborhoods filed a Petition for Review at the U.S. Court of Appeals for the D.C. Circuit. FAA lawyers, aided by attorneys from the U.S. Department of Justice, delayed and wrangled for dismissals. It took nearly two years to get the case argued; that happened on March 17, before Judges Griffith, Rogers, and Sentelle. (Click here to go to the USCADC website, where you can read the bios for each judge.)

Nearly six months later, finally, the Judges issued their decision: for the people, and against the FAA. Here’s a copy:

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

The Opinion found that FAA was arbitrary and capricious, and in violation of the National Historic Preservation Act, the National Environmental Policy Act (NEPA), the Department of Transportation Act, and the FAA’s Order 1050.1E.

This Decision deserves careful study by all of us who are increasingly impacted, across the nation, by FAA’s brutally impactful NextGen implementations. City officials and airport authorities need to take notice: quit telling everyone that nothing can be done; instead, start advocating for health, quality of life, and real local control at these airports.


See also:

UPDATE, 8/30/2017: — Peter Dunn’s Analysis – a condensed review, posted at the Fair Skies Nation Facebook page (Boston area); click here for the source, or here for the archived copy.

UPDATE, 9/1/2017: — see the analysis written by Steve Edmiston (click here for the source, or here for the archived PDF); Steve is a Seattle-area attorney, and a lead activist seeking to correct the over-expansion of the Sea-Tac Airport [KSEA].

UPDATE, 9/5/2017: — yet another excellent analysis, this one blogged by Kevin Terrell (click here for the blog source, or here for the archived PDF). Kevin resides in an area impacted by the Delta hub at Minneapolis- St. Paul [KMSP]. Kevin’s activism has included creation of an outstanding series of educational videos that explain aviation noise while also illuminating FAA’s total failure to manage the noise impacts.

Did This Letter Motivate Huerta’s Response to Governor Hogan?

Activists in Maryland shared a copy of this letter, another excellent effort by their Governor, Larry Hogan.

(click on image to view archived copy of full letter)

Essentially, the Governor sent a letter on May 11, pressing FAA to take actions to reduce impacts on constituents under flight paths for both Reagan National [KDCA] and Baltimore-Washington [KBWI]. Nearly three months after sending his letter to Michael Huerta, and having gotten no reply, Governor Hogan followed up with a letter to the Secretary of Transportation, Elaine Chao. Here’s an excerpt:FAA’s reply letter, dated 8/3/2017, is here. That is, if you can even call it a reply.

FAA has a shameful record of not just blowing off everyone – even Governors! – but also engaging in obfuscation to frustrate activists. This pattern of failure needs to end.

President Trump: You Need to Fire Michael Huerta

Whatever happened to draining the swamp? Is there any agency more dysfunctional, more corrupt and more locked into serving industry cronies than the FAA, the faux-regulator headed by Administrator Huerta?

Here’s the latest example of how out of control this agency has become, and how badly Mr. Huerta fails at leading long overdue change. Back in early May, the Governor of Maryland wrote an excellent letter (view a copy here), pressing FAA to bring relief to thousands losing sleep and health under NextGen routes. It took nearly three months for Mr. Huerta to finally send a response letter. The long delay was not necessary to do any difficult analysis or produce any changes. No, nothing was analyzed, and nothing was changed; the long delay was just to waste time. In fact, Huerta’s letter was chock full of platitudes and unsupported sales pitches. Here’s a PDF copy of the entire letter, showing portions with footnoted analysis added by aiREFORM:

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

Enough is enough. Huerta’s belated reply letter is garbage: a classic example of what we would expect from an agency head who views the airlines as his ‘customers’, not the regulatory subject for the rigorous regulations FAA fails to write and fails to apply. Through the botched NextGen implementation, Mr. Huerta’s agency has also become a case study in ‘runaway captured regulators’. FAA is a perfect target for sweeping reforms. If President Trump wants to do good while throwing fire and fury, he should direct his energies domestically. Cleaning up FAA can set the example for how all federal agencies need to be trimmed back to a focused mission and restrained from federal over-reach, while becoming massively transparent and accountable.

It’s an easy call: fire Michael Huerta, and make FAA serve the people, first.

List of Amendments Submitted to House Rules Committee, for H.R. 2997

Noon on Monday was an important deadline, for the formal submission of amendments to the draft House legislation reauthorizing FAA. A flood of amendments were submitted, very many of them related to reigning in FAA’s abusive NextGen implementation. A list of 116 amendments, with summaries, was posted, and a PDF copy is archived here. One of the most important amendments was submitted by Representative Lynch (MA), calling for a National Academy of Medicine (NAM) “…expert consensus report that sets forth current scientific knowledge relating to the various health impacts of air traffic noise and pollution.” (this amendment was marked as #50, in the center column of the list).

(click on image to view source tweet)

Cindy Christiansen deserves much of the credit for this, as she has done a great job researching and focusing on a much-needed study. Below is an excerpt from her letter to Rep. Lynch, earlier this month (view archived copy here): she lays out the NextGen impacts that FAA and airport authorities continue to ignore, and not just at Boston but across the land:

“…over the last several years, the FAA has implemented NextGen technology that replaces radar navigation with satellite-based navigation systems (GPS). Now and because of the new technology, concentrated flight paths that vary by less than a few feet vertically and laterally, increased airline operations, decreased separation, and lower altitudes have created a public health crisis in communities across the country. The new navigation system was implemented without any investigation into the human capacity to withstand the concentrated and relentless aviation noise and exposure to pollution, but the evidence is there, in the peer-reviewed literature, that there are significant detrimental effects on population health that are associated with these changes. We need a National Academy of Medicine committee of experts to synthesize the evidence and to report their consensus….”

As a side note, this is one of the rare ‘studies’ that has a chance to be very quickly produced, and with meaningful positive impact. Too often, and for decades now, FAA et al have used ‘more study’ as a delay tactic, to perpetuate changes that serve airlines/industry while impacting residents. This study is quite different, and essentially will soon force FAA to acknowledge the compiled content of dozens of studies they continue to ignore. Clearly, a NAM consensus report makes good sense, and will help us to break out of this stuck cycle.

The Polis Amendment: We Need Local Control of Our Airports!

This Post is about a legislative amendment that is set for review (and hopefully will be adopted?!?) this coming week. Your support is urgently needed, to help restore local authority so that local officials can manage impacts caused by their local airports. A link to help you easily contact your elected representative and encourage their support of HR 2997, is located near the end of this Post. Here’s the background….

The Problem…

We have a problem. A BIG PROBLEM! The system of government in this nation, which was designed to empower individuals and ensure we can work together to prosper and share great lives, has become coopted. Money now controls everything. Aviation offers a concise case study of how bad this has become:

  • the ‘money’ is in the airlines, the manufacturers, the airport authorities, and the industry lobbyists; they spend this money to gain support from FAA and elected officials, to manipulate rules and procedures for their own profits.
  • all of the above have a near-total bias toward expanding airport operations, and a near-total indifference to the impacts that are destroying even historic residential neighborhoods.
  • the environmental costs are not just an inconvenience; the repetitive noise and air pollutants, now being concentrated over new ‘noise ghettoes’ below, create sleep loss, asthma, stress, heart failure, and other serious/fatal medical conditions.
  • citizens who speak up are routinely beaten down; their concerns are diminished and ignored by all authorities; pro-aviation trolls launch attacks via social media; we are led to feel we are ‘against progress’, which is so false (…in fact, we can clearly have moderation and managed impacts that still allow all the real ‘progress’ that an airport can provide – without destroying health & quality of life).
  • when we, as impacted citizens, approach elected officials, we soon learn these so-called ‘representatives’ exist only to fund their next election campaign … and so, they are nearly ALWAYS beholden to industry players; i.e., they will act empathetic and say they are concerned, but their ACTIONS achieve no resolution of our problems. Furthermore, when we look closely at the current Congress, we see that important gatekeepers, such as the Rules Committee, appear to have heavily biased memberships (which, if abused, can be used to summarily dismiss all amendments that do not serve party objectives).
  • when we approach the mainstream media, we quickly see their enormous bias … always in favor of money, always happy to pass on misinformation.
  • when we approach the courts, they too dismiss our concerns.

Given all of this, we could just consider it a lost cause, but we really must guard against that. Instead, let’s pick our strategy carefully, and coordinate our efforts. We have to do this, especially for the next generation.

The Solution…

The very heart of the solution is LOCAL CONTROL. All airports – even O’Hare and Atlanta, the two busiest in the world – ultimately serve the local community. So, why in the world would we let FAA bureaucrats in DC take away the right – and responsibility(!) – of local officials to impose curfew hours, limit operations per hour, and impose other safe and reasonable policies that properly balance airport impacts with airline profit margins? Simply, we WOULD NOT DO THIS. This has happened, only because FAA is a captured regulator; FAA is only pretending to regulate the very industry it serves. And we are the victims, the collateral damages.

This is where the Polis Amendment comes in. Jared Polis, a Congressman representing citizens near the skydiving-noise impact-zone around the Longmont airport, has been working hard to assist those impacted. They have worked for years to get cooperation from Mile Hi, but profitable tandem jumps help the Mile Hi owner, Frank Casares, to refuse to cooperate. Local elected officials feel powerless and defer to FAA, but FAA does nothing… all they want to do is enable aviation commerce, with no regard for the ‘costs’ imposed on others. And so, the problems continue. (click here to view many other aiREFORM articles about Mile Hi and impacts around Longmont)

Here are two recent graphics about the Longmont impacts:

Notice how the climbs are routinely done a few miles AWAY from the actual airport. This helps keep airport neighbors from complaining; it also dumps noise pollution on distant neighbors, many of whom are unaware why they keep hearing so many planes. (click on image to view source tweet)

The shifting of skydiving climbs away from the airport is not only a dumping of noise pollution, it is also DANGEROUS: other pilots, flying through the area, will have a much harder time spotting the skydive aircraft when they are not within a couple miles of the target airport. (click on image to view source tweet)

The Polis Amendment seeks to add text to the FAA Reauthorization Bill (HR 2997), to explicitly restore Local Control of GA Airports (i.e., at General Aviation airports that primarily serve recreational pilots). HR 2997 is also known as the ’21st Century Aviation Innovation, Reform, and Reauthorization Act’, or AIRR, and is being pushed by Bill Shuster, along with lobbyist A4A, the airlines, and officials like Transportation Secretary Elaine Chao. The ‘Reform’ part is a cruel joke; these reforms will only further empower corporate greed, while disempowering us individual citizens. The bill is working its way up to a final vote by the House. The process this week includes getting the amendment approved by the Rules Committee (probably in a meeting on Monday), then proceeding to discussion (probably Wednesday) and eventually for final debate on the House floor.

Here is a copy of the text, proposed for addition at the end of Title VI (Miscellaneous):

So, people who can see […and hear, and BREATHE(!) the impacts of unmitigated aviation…] all need to be heard this week. Contact your elected representative, and let them know why they need to support the Polis Amendment, why WE NEED to restore local control of our LOCAL airports.

This is the first step. Eventually, local control also needs to include empowering the hundreds of thousands of residents impacted under concentrated NextGen routes, to have a real voice – and the democratic authority – to impose curfews, hourly operations limits and other capacity management restrictions that best serve the local community. Every great journey starts with a single step, and local control at GA airports needs support even from those of us who live in the new noise ghettoes FAA is creating, via NextGen.

Take Action, Please!

Please contact your elected representative. Here’s a handy link to identify your rep:

http://www.house.gov/representatives/find/

For further information, please see this petition at Change.org. This is an excellent petition, laying out the goals for resolving all sorts of aviation impacts across the nation. The petition proposes the following seven elements for the 2017 FAA Reauthorization, now being considered by Congress:

  1. Update noise metrics used to evaluate significant exposure.
  2. Require environmental impact reviews prior to flight path changes.
  3. Mandate a robust and transparent community engagement process, including pre-decisional public hearings, for any new or modified flight paths or “flight boxes.”
  4. Restore local control over airport operations.
  5. Remove the FAA from oversight of environmental quality and public health.
  6. Mandate robust data collection and analysis of aviation noise and other pollutants near airports.
  7. Ban flights over and within 2 miles of designated noise sensitive areas.

Does JetBlue Care to Minimize Impacts?

Parts of Boston are being severely impacted by NextGen, under routes in and out of Logan [KBOS]. Not just by the narrow route concentration FAA is creating in their environmentally destructive application of satellite technologies, but also in the increased hub concentration that FAA is enabling.

In a nutshell, the airlines want to concentrate flights into just a handful of major hubs, but they need FAA’s help to do this. They need FAA to increase ‘runway throughput’, so that the major hub airlines at airports like Boston can add just a few more flights each hour. Of course, the problem is, in their accomodating the airlines, FAA is causing oversaturation of schedules to the point where:

  1. flows are virtually non-stop for most of the day; and
  2. the slightest bit of weather or surge of flights creates overload, and ATC works the arrivals into long conga lines – harder and less safe for ATC and flight crews, but also greatly amplifying impacts upon residents below.

JetBlue has a major hub presence at Boston. Not only that, but JetBlue is a major player at two other hub airports where flight overscheduling is destroying communities: LaGuardia [KLGA] and Reagan National [KDCA]. And, JetBlue’s network relies heavily on connecting passengers through these three hub airports.

Also, JetBlue uses social media to pitch their product, to try and encourage more people to take more flights, and more frequently. The JetBlue facebook page solicits comments from viewers, so it makes sense that a viewer in Milton, impacted by the increase in noise and air pollution by JetBlue and other airlines, would offer concerns and make constructive suggestions. This is precisely what was done, when Andy Schmidt initiated a discussion by sending JetBlue a message, on May 30th. After nearly a month of back-and-forth, and with many delays, Andy came to the conclusion that, frankly, “JetBlue doesn’t care.” He then posted a series of four screencaps, documenting the ‘discussion’. Here’s a compilation:

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

When it comes to environmental responsibility around hub airports, there is a huge vacuum. Neither FAA nor the industry they are supposed to regulate are working to protect communities from noise and air pollutant impacts. It is only about money, these days.

In the example above, Andy shows a great way to nudge the airlines toward becoming responsive and accountable. What is particularly intriguing about this example is that Andy pointed the airline right at a very effective and affordable action that would reap tremendous environmental benefits: the vortex generator. Here are two graphs from a320whine.com:

The red curve shows two spikes, at ~560 and ~620 hertz, which are the infamous ‘A320 whine’. Notice the substantial noise reduction (green curve) at these frequencies, when the VG deflectors are added.

The green shaded area shows noise reduction from red line (an A320 without the VGs) to green line (an A320 with the VGs added). Study this graph carefully; it shows an improvement, but notice, too, zero improvement within the final 12-miles (20-kilometers) of the arrival. Given the cost, this improvement is well worth the money spent, but airlines and FAA will also need to better manage traffic loads, such as by reducing hourly flow rates.

CONCLUSION: This is a good example of how social media can be used constructively, to engage airlines, and hopefully, to nudge them toward becoming more compatible with the communities they impact. And, the vortex generators are a real opportunity for JetBlue to show they care.

Will they? Will JetBlue’s management wake up, so thousands can sleep better?

Current Heatwave Too Hot: Causing Commercial Flight Cancellations

A pair of articles look at the start of Summer and the forecast heatwaves. The first article actually notes that the Bombardier CRJ may not safely operate above 118 degrees Fahrenheit; this common regional feeder, used by American, thus has to be grounded at their Phoenix hub.

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

Aviation is thoroughly dependent on fossil fuel consumption, and is the fastest way that each of us can contribute to record-level (and still growing) atmospheric CO2 concentrations. And, importantly, hubs greatly increase fuel consumption, because more passengers fly longer distances when transferring at hub airports not on the direct route of flight.

(click on image to view source)

A Steep Aviation Carbon Tax Would Solve Many Aviation Impacts

Image

(click on image to view source tweet)

Aviation is heavily subsidized when Congress approves taxes on passenger tickets and air cargo, then uses those taxes to expand airports beyond what serves the local community. Congress can do better. They need to implement fees and taxes that disincentivize the excessive carbon consumption by commercial operators. Here are some of the many benefits:

  • fewer hub flights (and thus more direct flights)
  • reduced noise and air pollutant impacts, along with more sleep and preserved quality of life, in communities currently being destroyed by NextGen
  • less aviation CO2 pollution per passenger (due to shorter/direct trips replacing indirect flights via hubs)
  • reduced delays (especially at hub airports)

Rose Bridger’s Latest Paper Looks at Aviation Abuses in Indonesia


The imbalance of power between aviation and local residents is troubling. In the United States, we commonly see where the federal regulator, FAA, ‘collaborates’ with airport authorities, airlines, operators and other industry players to run roughshod over local communities. Aviation profits are always profusely accommodated, nearly always with substantial costs to people and the environment: natural habitat is destroyed, quality of life is diminished, and people are exposed to more air pollutants, including carcinogens.

Across the planet, some of the most egregious aviation injustices are happening where state authorities are enabling industry expansions against the will of local residents, sometimes even large population areas. When people in the U.S. rise up to fix aviation impacts, they rarely have to deal with lines of cops. They deal instead with a wall of unaccountable bureaucrats; people who make their money by supporting aviation expansion; people who routinely lie, distort, and even antagonize the much better people who are responsibly seeking to fix the aviation impacts; people who play ‘hot potato’, claiming they lack authority so “…gee, check with the other guy.”

Is it fair to say that, in either form, this amounts to state terrorism? If burdens are imposed and rights taken, be they by gun or billy club or categorical exclusion, does it really matter how graphically extortive the process is? Nobody may be killed or even injured (a good thing!), yet many bodies (and minds) incur great costs for the narrow benefits created. Farmland is taking and people are dislocated (see this example in rural Minnesota). All of this is enabled by federal agencies that pretend to enforce safety and manage aviation, but more truthfully just offers cover for industry players to abuse people. In the United States, in Indonesia, and across the planet.

How Do People Regain Power?

When dealing with unaccountable bureaucrats (especially those at FAA and various airport authorities), it’s always a good idea to learn as much as you can. Study what is happening elsewhere. See how others are making progress. Identify the framing that YOU need to impose on the issues; if we allow FAA/industry to frame the issues and implement faux-solutions like time-wasting workgroups, we only guarantee that the problems will persist, never to be resolved.

Rose Bridger, UK author of Plane Truth: Aviation’s Real Impact on People and the Environment, is one person whose works are well worth studying. Rose continues to be a prolific advocate for people and the environment. She has just published a new insightful study: Aviation expansion in Indonesia: Tourism, land struggles, economic zones and aerotropolis projects. Here is an archived copy:

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


UPDATE, 6/14/2017: — per a GAAM email update: The report contains a map showing all the airport locations and maps of two airport sites, and accompanies GAAM’s interactive digital map: Aviation Expansion in Indonesia which features all the airports that are mentioned, integrating spatial information with text and images. For paper copies of the report, please contact: Third World Network, 131 Jalan Macalister, 10400 Penang, Malaysia, Tel: 60-4-2266728/2266159, Fax: 60-4-2264505, Email: twn@twnetwork.org.

FAA Forms Workgroups to solve their ‘People Problems’

FAA has a problem, and like any over-matured and sclerotic agency, they have their solutions. Not clean solutions that actually FIX THE PROBLEM, but dirty solutions to serve the agency/industry interests while disempowering people.

FAA’s failing NextGen implementations are destroying long-established residential communities across the nation. People are standing up, speaking louder and louder, and connecting and organizing. So, how does FAA propose to deal with this problem?

Form workgroups.

Just to be clear, the ‘problem’ FAA wants to ‘deal with’ is not the NextGen failures but the PEOPLE who are organizing. If their message gains traction, the People might actually get a few in Congress off their butts, demanding (and I mean REALLY DEMANDING!) that FAA fix this mess. The right steps are obvious:

  • demand Huerta step down (he has disserved the larger Public under two administrations, and is clearly just an industry hack);
  • revert the problematic NextGen implementations to pre-NextGen routes;
  • legislate a robust local democratic voice so that local citizens are able to decide what curfews and operational restrictions are needed to best serve their local community (i.e., the airport should be THEIR LOCAL AIRPORT, not a fortress for a major airline);
  • legislate reforms that disincentivize hubbing, so the airlines will instead offer more direct routes and a better/fairer distribution of airport impacts, equitably using hundreds and thousands of under-utilized airports instead of just a dozen evolving superHubs.

Why does FAA like to form workgroups? Simply because they are ‘manageable’. Each workgroup first creates an illusion of citizen involvement. But, the membership consistently includes industry ‘stakeholders’, who dutifully steer the work process – and infuse delays when the work product is going in the wrong direction. Plus, even the most ardent and effective aviation impact activists are human, thus susceptible to feeling a lot more accepting of the impacts because they are now an elite citizen representative.

Here’s an example of a new workgroup related to Baltimore [KBWI]. They appear to be very well focused on fixing the problems, but are running into an intransigent FAA. The Facebook group, Save Milton Skies, shared a link to this article, which is archived below. Rebuttal comments have been added by aiREFORM. It is a good article, overall, though it again demonstrates how FAA’s salespitch elements are readily incorporated into the final news article.

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

See also: