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?

At Sea-Tac, Enplanements (and Impacts) are up 41% in Five Years

A Port of Seattle (PoS) News Release today crows about the airport setting a new annual record with 46.9 million passengers in 2017. (click here to read an archived copy, with aiReform footnotes added). As is the pattern, economic benefits are exaggerated, while environmental impacts are completely ignored.

Back in 2010, PoS went to great expense to draft a Part 150 study. Within that document package was a 44-page ‘Aviation Activity Forecast’. The key graphs within that study are condensed into this scrollable 3-page PDF:

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

You can dive deeper, looking at an archived copy of the 44-page analysis here.

One of the most disgusting statements in the PoS News Release is the leadoff to the second sentence, a classic example of greenwashing, which reads: “Demand for air travel at Sea-Tac Airport increased 41 percent the last five years…” Let’s be clear. The good people in and around Seattle did not suddenly wake up 5-years ago and start spending more money and increasing trips out of Sea-Tac. Nor did the area population explode anywhere close to 41% in 5-years. No, this alleged ‘demand’ is engineered by two airlines – Alaska and Delta – as part of their escalation of hubbing intensity, all in pursuit of slightly higher airline profits. More people fly INTO [KSEA] without ever leaving the airport terminal, either sitting in their cramped seat of rushing to catch another plane at another gate. Lots more people – up 41% in 5-years. This is NOT increased ‘demand for air travel’. And, it also means fewer people are able to get direct flights from origin to destination, without the increasing number of detours through KSEA; in other words, everyone loses, except the airlines and the airport authority.

Clean up your act, PoS: get the excessive growth at KSEA under control, and knock off the greenwashing propaganda, OK?

CBS News Story about Long Island Impacts, features Plane Sense 4 LI Activists

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.

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].

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?

Another Area Impacted by FAA Indifference: the Beaches of Destin, Florida

Whether they are locals or vacationers, people have a hard time enjoying the beaches of Northwest Florida, when overrun by helicopters. They also wish FAA would serve THE PEOPLE, not just the aviation interests.

Below, Jack Simpson notes that this is probably the most boring column he has yet written, but his annoyance with FAA is crystal clear. This meeting could have been held anywhere, and about so many similar situations involving FAA. The federal agency with all the power to manage U.S. aviation is instead in the business of enabling abuse by aviators, who profit while diminishing local quality of life. Through it all, FAA employees pretend they can do nothing about it. And notice, too, FAA using the same old trick: put the burden on the citizens to comply with onerous requirements, reporting details that often are impossible to compile.

This article was about helicopters, but the same framing could also represent a community impacted by NextGen, skydiving, air tours, etc.

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

ATC Is Not the Real Cause of Airline Delays…

…and the airlines have long had all the tools they need to solve the problems caused by their own corporate greed and mismanagement. If NextGen impacts are out of control where you live, you need to read the article below.

As a follow-up to yesterday’s Post, here is an outstanding article written by Michael Baiada, a retired United 747 pilot, who sees past the NextGen promotional frauds. Even better, Mr. Baiada gets into the details of how easily the U.S. air travel system could be made more efficient and less impactful, while also improving the flying experience for us consumers. Turns out, the root of the problem today is too many people abdicating their duties: airlines refusing to run their business, regulators who enable this management failure while also serving as cover, lobbyists too focused on perpetuating the lobbying revenue stream, and so forth.

The article is a bit technical but very well written, and Mr. Baiada does an outstanding job explaining system details that FAA/industry work so hard to make muddy and complex. I heartily recommend sitting down and carefully studying this article; you will learn a lot, to help fight for rational airports, serving the local communities ahead of the airlines.

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

A copy of the article by Michael Boyd, as referenced in Baiada’s article, is archived here.

Thanksgiving, 2017: Three Graphics That Say a Lot

Here are three graphics: the first posted by airline lobbyist A4A, the second posted by FAA, and the last shared online at the Facebook site, Plane Sense 4 Long Island. Note the conflicting data from FAA and the lobby; note also the noise and air pollutant impacts on communities, such as under the JFK Arc of Doom, or under the narrow NextGen flightpaths in and out of KBOS, KCLT, KLAX, KPHX, KSEA, and other airports.

The airline lobby says 28.5 Million ‘passengers’ are forecast… (click on image to view source)

…but FAA says 3.95 Million will fly for Thanksgiving. That’s a lot less than the 28.5 Million claimed by A4A. (click on image to view source)

I have to wonder: why such a huge discrepancy, 3.95 Million vs 28.5 Million? Well, the 28.5 Million figure was produced by the airline lobby, and released in a press package on November 1st. It looked suspicious then. And, as is to be expected for a lobbyist (or a captured regulator!), the spin felt aimed at helping us all believe air travel is incredibly popular. But, it is just spin, and quite deceptive. For example, what is a ‘passenger’, and how do they measure ‘passengers’? Is it each person counted only once, whatever their full travel itinerary flown, or is a person who flies 4 legs to get to dinner listed as ‘4 passengers’? Are flights via airline hubs subject to double- or even triple-counting, toward the 28.5 Million figure? Such accounting methods would rapidly inflate towards an absurd 28.5 Million figure. Most likely, FAA’s figure is reasonably correct, and represents the number of outbound and return seats, related solely to Thanksgiving trips; thus, a more accurate A4A infographic would have declared that 7.9 million seats will be filled in 2017 for Thanksgiving travel (the math: 2x 3.95M).

So, assuming that FAA’s figure is fairly accurate, what does this figure mean? I.e., why is air travel so elite, even in the United States? Think about it. This is the biggest family holiday of the year. The national population is now 326.3 Million (per the Census Bureau population clock). Here, FAA, the U.S. federal authority on aviation, claims only 1.2% of our citizens use aviation to travel for Thanksgiving? Seems mighty small … but it is probably fairly accurate (and FAA has the data, so they should know). Plus, notice the figures for automobile travel: 45.5 Million (i.e., 13.9% of us will travel by car, 11.5-times as many as who will air-travel this holiday).

Regarding the third graphic… how about those residents losing their minds (and sleep) under the nonstop aircraft streams? This problem is much worse in 2017 than it was in, say 2007. What changed? The two key changes are implementation of NextGen, and packing flights in closer using the reduced separation standards of Wake Recategorization (aka ‘wake recat’). Oddly, FAA/industry are always pitching NextGen, but they both cautiously stay quiet about wake recat; this is odder, still, because the NextGen pitch is far more fraudulent, thus should be the angle they stay quiet on. Anyway, these two changes together reflect an unspoken mission shift at FAA: this agency not only does not understand the dire need to allow a local voice to moderate air commerce in and out of their local airport, but now, FAA is fully in service to the airline industry, enabling these excessive and growing impacts.

The Bottom Line: What’s more important: rising airline profit margins, or families seated together, in the homes they worked to buy and build and maintain, so that they can relax for a day of shared gratitude?

What’s more important? Hell, this is a no-brainer; it sure is NOT airline profit margins.

…Jana Chamoff Goldenberg‎ posted the great graphic at Plane Sense 4LI (can we credit the artist, too?) … THANKS!

Unfriendly Skies: Forty Years of Airline Deregulation Failure

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.”

A paragraph from the opening page of the article.

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.

We should start educating youngsters early on about the dangers of noise

In a big city, we all expect noise. But, the most responsible among us also expect to do all they can to minimize the impacts and manage how we live with it, so that children can learn, homes can be enjoyed, nature can be heard, and we all can get daily sleep. The importance of sleep to New York City is reflected in the following education module:

(click on image to view source)

BTW, one of the key advocates for ‘noise-management-sanity’ in the NYC area is Dr. Arline Bronzaft. See two of her archived articles, spanning TWO DECADES(!), at these links:

And let’s be careful to never forget: it is not just the noise, but the pollutants, too. The toxins we breathe near airports, as well as the rapidly growing aviation contribution to global warming.

UPDATE, 11/17/2017: — Another excellent reference resource is the Noise Awareness webpage, at GrowNYC.org:

(click on image to view source webpage, at grownyc.org)

…Martin Rubin and Jack Saporito helped identify this activism resource … THANKS!