The Third Head of the NextGen Hydra: How FAA is Jamming Arrivals Closer Together

Three months ago, the ‘Dissecting NextGen’ presentation was made in Des Moines, to help people better understand the impacts of NextGen around Sea-Tac International Airport [KSEA]. Included within that presentation was discussion of ‘Hub Concentration’ and ‘Route Concentration’, as two of the main changes that are causing NextGen impacts. Well, continued research in the past months has revealed a third head to this monster: efforts by FAA to alter rules, to reduce spacing between arrivals, even setting up side-by-side arrivals to closely-spaced parallel runways.

FAA is using two main strategies to reduce arrival spacing:

  • Wake Recat: short for ‘wake recategorization’, this is the reduction of minimum safe distances behind larger aircraft that create wakes. Without getting into too much detail, a series of fatal accidents decades ago forced FAA to impose longer distances between successive flights on the same route, called ‘wake turbulence separation’. But, in time, with pressure to remove capacity limitations, the rules are being modified to shorter distances.
  • Simultaneous Dependent Approaches to Closely Spaced Parallel Runways (CSPR): many of the main hub airports rely on use of parallel runways that are spaced even less than half a mile apart. ATC can accommodate a lot of flights on/off parallel runways, primarily by using one runway to land and the other to takeoff. But, when weather deteriorates, especially if visibility is reduced or the ceiling (altitude of lowest cloud layer) gets to be too low, capacity plummets. So, FAA has been working with airlines to develop new ATC procedures that allow flights to be spaced much closer together when set up for landing on two or more parallel runways. [click here to view archived copies showing the evolution of FAA Order JO7110.308B since 2008]

What’s Bugging People?

Although most airports continue to be far below historic traffic levels, there are a dozen or so main hub airports where the ‘Final Four’ airlines (American, Delta, Southwest and United) schedule excessively. These are the airports where people are upset. They are seeing more flights, and they are seeing/hearing flights that are lower, often slower, seemingly louder (which is a given, for lower flights), and often turning closer to the airport than ever before. They are also seeing surges of flights — both departures and arrivals, in rapid succession, sometimes even side-by-side. It is scary to some, and deeply disturbing to many. Even retired air traffic controllers cannot believe what they are seeing. It is as if these few airports have acquired a meth or steroid addiction.

Authorities insist nothing has changed, but they are totally wrong. Well, not just wrong: they are lying, and they know it. At these few hub airports (Sea-Tac is the one growing the most in recent years, due to Delta’s 2012 decision to create a new hub), traffic volume is up, especially during the surges that happen in relation to expanded hubbing. But, there are also forces that are pushing arrivals closer to the ground. For example, with wake recat, the key thing to understand about aircraft wakes is they descend; i.e., the hazard that can flip a smaller airplane slowly drifts downward toward the ground, so ATC works hard to keep the trailing aircraft at least slightly above the leading aircraft. But, if ATC is trying to bring both aircraft in to land, on parallel runways, than ATC needs to push the lead aircraft down lower ASAP. Why? Because, if the lead aircraft is not descended low enough, the trailing aircraft will end up too high, unable to finish the approach. This results in a go-around, which carries higher risks and makes both flight crews and ATC do a lot more work.

An Example: A 13-hr Arrival Stream to Runways 4L & 4R at Boston

Boston offers an example of how badly communities are being impacted. Here, we have densely populated communities and a dominant regional airport, [KBOS], that effectively monopolizes commercial aviation.  Three airlines schedule excessively at KBOS: JetBlue, American, and Delta. JetBlue is the dominant hub airline with a schedule that generates a large number of through-passengers (thus imposing much larger impacts on the area, to accommodate the added flights).

To gain airline support for NextGen, or at least to ensure the airlines will not oppose NextGen (which would kill FAA’s chances of getting Congressional funding), FAA has sold out on their responsibilities to protect communities and the environment. FAA has apparently told the airlines that they can expect increased runway throughput, which FAA will achieve by abolishing all noise mitigation procedures and creating new flight procedures that turn lower and as close as possible to the runways. NextGen is being used as a decoy or cover; by claiming NextGen is all new and fancy, FAA tricks everyone – including Congress – into not noticing that what is REALLY happening is simply the wholesale abandonment of FAA’s past responsibilities to protect the environment and community health. And, by the way, NextGen is NOT all new and fancy; most of it has existed and been used for decades; the alleged benefits are just a fraudulent sales pitch.

Clearly, when you study what FAA has imposed at ALL NextGen airports, the game plan is to maximize runway throughput. This accommodates the ideal all airlines want: unrestricted scheduling to tweak profits higher using expanded hub operations. So, with this in mind, at an airport like Boston, FAA focuses on using the combination of runways with the highest capacity per hour, which at Boston is to have arrivals land on the parallel runways 4L and 4R. Just like happens when new freeway lanes are added, the airlines are quick to eat up the increased capacity; supply defines and expands demand. At Boston, FAA is now heavily relying on 4R and 4L to ‘accommodate’ the expansion by JetBlue, Delta and American. So much for quality of life under the intensified approach corridor. Milton does not really need to get sleep, do they???

A recent 13-hr arrival stream to Boston’s 4L and 4R

And, of course, FAA applies the same strategy at all airports where airlines want to expand hub-related profits: they use runway combinations that maximize capacity, even if wind and other factors might argue against these decisions. It’s called ‘choosing runways to traffic’, and it’s a way to be overly accommodative to airlines.

The result is streaming arrivals: nearly nonstop impacts on the ground, one arrival after another after another, sometimes even paired arrivals that are nearly side-by-side. As shown in this table, summarizing arrivals per hour on the intensified approaches to Boston’s runway 4L and 4R, the impact is relentless. Note the busiest hours are non-stop, averaging as little as 1.2-minutes between flights. [click here to view the entire stream in a data table]

And, adding insult to injury, when people notice and ask what has changed, both FAA and the airport authority (Massport, in this example) play with them: they say nothing has changed.

How Do We Kill This Monster?

FAA is simply out of control. And, Congress is doing squat to correct this problem. We need leaders in Congress to:

  1. demand that FAA serve the people ahead of the corporations, and this requires an emphasis on both transparency and accountability;
  2. demand that FAA cease spending our money to propagandize for the industry; this regulatory capture has gone on far too long;
  3. pass legislation that strongly disincentivizes airline hubbing – one of the simplest changes would be to formulate a new set of fees and taxes, the heart of which should be a very steep aviation fuel tax;
  4. and, pass legislation that restores local control, so that local communities have a real voice, and can impose reasonable curfews and capacity limits, and can say ‘NO!’ to airport over-expansion.

Is FlightAware Collaborating with FAA to Misinform the Public?

Here’s a JPEG compilation showing a classic example of misinformation by the flight tracking website, FlightAware; this shows Seattle [KSEA] flights, on a nice summer Sunday morning:

Note the substantial enroute delays issued by ATC, to the stream inbound over Oregon, and the trans-Pacific arrivals over Olympic National Park.

Of course, this screencap also shows the massive failure that NextGen is, in terms of reducing delays. Simply: no technologies, no new systems, can correct the delays that happen, when FAA refuses/fails to stop the commercial airlines from scheduling too many flights.

For context, please understand that these websites (another is FlightRadar24) get their data from FAA and process it. They produce a great product, that helps us all to see when various flights will arrive (so we can pick up a loved one), but also help us to view how the whole ATC system works. What they should NOT do, though, is help FAA pass on false information. In this example, with a 1,500ft cloud layer, FlightAware is passing on the false claim that departures are being delayed. Ponder these facts:

  1. The arrivals were also being delayed, and quite substantially … look at those turns over Oregon and the Olympic Peninsula! So, why did FlightAware fail to mention arrival delays in their alert, too? Is it because FAA pretends these enroute delays do not matter?
  2. These delay alerts appear to be triggered by FAA reports; i.e., it would make no sense for websites to post a delay, if it had not been officially declared and defined by an FAA source.
  3. Notice the delay alert adds departure delays are ‘increasing’. This implies the low clouds are changing, yet they are not really changing… if anything, the clouds are rising higher, as the fair-weather summer day advances. So, is the cause of these delays the clouds, or simply TOO MANY DEPARTURES SCHEDULED?
  4. When KSEA is in a north flow, the departures would quickly be climbing into clouds as they approach Boeing Field. So, in a north flow, the departure flow rate could be reduced significantly, by a 1,500ft cloud deck. But, this is south flow, so the departures are all far from Boeing Field, no potential conflict.

It is bad enough that FAA is a captured agency, serving aviation money with no real concern for impacts upon people. But, the situation is made worse by false information – propaganda if you will: when FAA feeds erroneous delay causes to the online flight tracking sites, they then pass this misinformation onward, to further deceive the public.

This type of ‘collaboration’ needs to end. FAA needs to reform, to become an accountable, transparent, and truthful servant TO THE PEOPLE, and truly regulating the industry. To achieve this, Congress needs to dump the bad idea of ATC Privatization, and our elected reps need to DEMAND FAA clean up its act!

A Good Example of NextGen Propaganda Being Pushed by Mainstream Media

In Seattle, KOMO reporter Joel Moreno is using social media to promote a demonstrably disinformational news video. His latest is about NextGen and the Greener Skies program pushed by both FAA and Port of Seattle (POS). Click here to view Mr. Moreno’s online post, where you can click through to view the news video, as well as his tweets.

As happens so frequently these days, the reporting is superficial and pro-aviation; i.e., the reporter just pushes along the selling points they are fed by FAA and industry (airport authorities, airlines, lobbyists, etc.), while doing NOTHING to probe the accuracy of what they are telling the public. Airtime gets filled, and people get fed what the status quo wants them to think. It seems like that is all we get, these days: Propaganda, from lazy, non-reporting reporters.

Here’s one example. At the heart of his news story, Mr. Moreno states: “Implemented in 2013, Greener Skies uses satellite technology so jets make a continuous descent at low power instead of the stair-step approach used before. However, on a typical cloudy day, three out of four arriving planes go right over Beacon Hill.”

What Mr. Moreno fails to investigate are these critical questions (and answers):

  1. is this declared use of satellite technology something new, that offers any substantial improvements in efficiency? (ANSWER: no … commercial airlines have been using direct flights for nearly five decades; in fact, ATC always prefers to issue direct routes, and will do so unless there are too many flights. The only route shortening happening here is within 10-miles of the airports, via the wholesale disposal of decades-old noise mitigation agreements … and the environmental/health cost is extraordinary.)
  2. are the jets making these continuous descents at low power? (ANSWER: only in some cases … but in most cases, due to FAA allowing airlines to schedule too many arrivals, ATC is levelling off the flights … and this is intensifying impacts on neighborhoods below.)
  3. Have the so-called ‘stair-step’ approaches been reduced? (ANSWER: no …  there is no evidence that these have been reduced and, in fact, there is ample evidence they are increasing, due to too many arrivals. Bear in mind, ATC does not issue level-offs just for fun; a level-off is the easiest way for ATC to safely separate aircraft, keeping them the required 1,000-ft above the traffic below.)
  4. Has efficiency improved at SeaTac? (ANSWER: no … not if you look at the arrival ‘parking lots’ and other substantial delays ATC is imposing many times every day, often for hours on end, to try and manage the rampant airline overscheduling. Large turns, loops, and even multiple loops are issued to one flight after another, and at all four arrival gates (east of Mt. Rainier, near Glacier Peak, over Oregon, and over the Olympic Peninsula), so as to slow the arrival flows.)
  5. Was Greener Skies implemented in 2013? (ANSWER: actually, no … a lot of money and effort was expended to sell the concepts via an environmental review, but nothing was implemented. Instead, FAA and POS are using the Greener Skies ‘concept’ as cover, to implement lower/louder procedures, with turns closer to the airport, solely to accomodate schedule expansions – and increased profits – by Delta and Alaska.)

One more note, well worth emphasizing: the stair-step approaches are an absolute travesty of disinformation. FAA et al are pushing the idea that, somehow, applying what are implied as ‘new whiz-bang NextGen technologies’, ATC has discovered they no longer have to issue level-offs to arrivals. FAA and industry are collaborating to pitch this disinformation, and too many people in the general public are vulnerable to buying this pitch as fact. It is not. Looking at this graphic (included in Mr. Moreno’s article), notice the so-called ‘conventional’ approach, done in yellow. Look closely and notice there are four short level-offs on the yellow line, all well south of the stadiums, implying a quick and frantic series of crazy short level-offs then descents. Nothing like this happens, nor has it ever happened. It is shameful that FAA itself is not vehemently protesting Mr. Moreno’s use of this graphic (oh, wait, FAA helped to create that false graphic … no wonder they do not protest!).

Here’s an archived PDF copy of the news story:

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

Hubristic and Hypocritical?

The Av-Gov Spin Machine is hard at it again, this time led by Reuters:

Just days after Trump dumped the climate agreement, U.S. airlines and their lobby, Airlines for America (A4A), are telling us that they really care about CO2, climate change, and the impacts of their industry. We are to believe that a business model that sells time-savings by massively consuming fossil fuels can be environmentally responsible. The centerpiece of their ICAO-sourced plan is not to reduce consumption but to have passengers and shippers pay a fee that offsets aviation impacts with small environmental investments. Kinda like this: imagine that you and I have a company and we’ll be allowed to infinitely pollute the ocean, so long as we build a nice filtration system to clean a pond in West Podunk. If eyes were pointed at that pond, we’d look like heroes; but, when people see the full picture, we look like worthless scoundrels.

Oh, and this is an industry (and lobbyist) that crows everyday about one statistic or another showing continued market growth. So, really, how are they going to see any meaningful reduction in fossil fuel consumption, going forward? Also, this ‘we care about the environment’ spin was announced from Cancun, where industry officials had gathered from around the world. Let that sink in.


UPDATE, 6/8/2017: — To discourage excessive fossil fuel consumption for air cargo, business travel, and aviation tourism, the logical next step is to simply impose a steep carbon tax on all aviation fuels (and arguably, on the marine sector, too, thus covering ship tourism and marine cargo). Here’s a good analysis about the value of an aviation carbon tax, by two law professors in Western Australia: Airline emissions and the case for a carbon tax on flight tickets. Read the interesting reader comments, too.

MHFC: The 8PM Arrivals to Boston were ‘Quite an Airshow’ on May 24th

An incredible airshow: Michael Huerta’s Flying Circus.

20160408.. Michael Huerta's Flying CircusIn service to the airlines, FAA has carefully worked to bypass environmental review procedures while also embarking on a scheme to abandon wholesale decades worth of noise mitigation procedures. In their effort to increase ‘throughput’, turns are being made lower and closer to the airports, for both departures and arrivals. This would reduce fuel consumption by a small amount, but the savings are routinely more than lost when excessive airline scheduling necessitates that ATC must issue delay turns (even entire delay loops) during the enroute/cruise portion of the flight.

It is really a circus. Controllers work harder, and pilots also work harder. Airline profits tweak slightly higher while many airports downsize and more flights become concentrated into a handful of superHubs. More delays are incurred, and repetitive-noise-pattern impacts increasingly damage neighborhoods that previously had no aviation noise issues. And what do FAA regulators do about it? Nothing. They just retire, take their pension, and sign up to work for the industry and as lobbyists.

A FlightAware screencap, showing a gaggle of arrivals to KBOS; flight tags added by aiREFORM (click on image to view original Facebook post)

This Analysis looks at a series of arrivals to Logan [KBOS], the commercial hub airport in Boston. A Milton resident had posted the above image at Save Milton Skies on Facebook, so aiREFORM went to FlightAware and compiled a collection of screen captures for this unusually messed up arrival flow. The images are presented in a scrollable PDF.

There are 16 arrivals in 27 minutes; that equates to 9 arrivals per 15-minutes, or an average spacing of 1.7-minutes between flights. This is a rate that should be easily achieved, even if all flights were being routed to a single runway. All arrivals (except one) landed on Runway 4L; the one exception was a Boeing 787-900 arriving from London, that apparently needed a longer runway. Runway 4R was unavailable – NOTAM’d closed for a month of maintenance work.

Between this and other MHFC examples, and the many lawsuits against FAA precipitated by NextGen implementation, sometimes it feels as though FAA is intentionally doing a poor job. If FAA fails enough, do they increase the likelihood of Shuster pushing through legislation that takes ATC out of FAA and makes it a private corporate entity? Would ATC privatization actually reward FAA personnel, who would still collect the federal pensions they earned, but would also be able to operate with even more opacity and without Congressional oversight?

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

How can FAA prevent such inefficiencies?

  1. Spend more effort managing arrival flows, and implement lower arrival rates.
  2. Encourage airport authorities to impose airport fees that disincentivize hubbing.
  3. Pressure the airlines to schedule fewer flights and user larger seat capacities; the nostalgia value of 10-seaters to/from Nantucket, Martha’s Vineyard and Hagerstown are not worth the environmental costs they help create.

Each of these proposals would improve both safety and efficiency.

Will ‘60 Minutes’ Help Us Expose and Correct FAA’s Nationwide NextGen Mess?

(click on image to view source Facebook page)

People everywhere – from Bethesda to Federal Way, and from Culver City to Belmont – know the failures of the NextGen program:

  • that the program is a fraud, pretending to implement new technologies that have actually already been in common use for decades;
  • that FAA is pushing NextGen solely to get Congress to dole out more money, to prop up more FAA waste;
  • that, to get the airlines (and their main lobby, Airlines for America, A4A) to not oppose NextGen, FAA is focused on removing all noise mitigation procedures and local agreements, at all airports;
  • that FAA is enabling the airlines to expand flights per hour without limits (hub concentration);
  • and that FAA is also enabling the airlines to fly repetitive routes that are lower and closer to the runways (route concentration), with a wholesale disregard for how these routes are destroying even our oldest communities.

Historically, our economic and political system has been a point of pride, in no small part because it has had a press that operates freely, a press that would reliably expose frauds and compel the correction of failures. People have been well served when reporters dig deep, unspinning the spin and propaganda.

There has been a lot of evidence in the last year, that this ‘free press’ is dead, that in fact most elements of the mainstream media now serve corporate and political agendas. Likewise, we have seen too many elected officials who seem to be incapable of comprehending the impacts, who instead can only understand serving commerce so they can get campaign contributions. ‘60 Minutes’ can do better, can help restore the balance we have lost, and in the process can help rebuild public confidence in the mainstream media.

(click on image to view source Change.org petition page)

Will ‘60 Minutes’ listen? If hundreds of us take a few minutes and send emails, letters, tweets and calls, expressing how NextGen is impacting our homes, will ‘60 Minutes’ do the diligent research and expose the depth of FAA’s NextGen failure? Let’s hope so.

There are hundreds of smart people, across the nation and standing ready to help ‘60 Minutes’ write the powerful news story needed by thousands.

Here are your contact options…

FACEBOOK https://www.facebook.com/60minutes/
TWITTER @60Minutes
EMAIL 60m@cbsnews.com
PHONE (212) 975-2006
POSTAL MAIL Story Editor, 60 MINUTES, CBS News
524 West 57th Street
New York, NY 10019

One Table Shows the Reality of NextGen

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

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

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

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

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

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

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

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

[KSMO]: No Runway Protection Zones, in Stark Contrast with Other Airports

kuao-201205-rpz-rwy-17-on-satview-w-dimensions-showing-trees-later-removed

The green trapezoid delineates an RPZ at the north end of the Aurora Airport, near Portland, OR. This RPZ, similar in size to what is needed to accommodate charter jets at Santa Monica, measures 500ft by 1010ft by 1700ft long. As is the case nearly everywhere, all obstructions were removed from this RPZ: there are no structures within the trapezoid, and the lines of trees have all since been removed (not even stumps are allowed… they are considered too dangerous).

A Runway Protection Zone (RPZ) is a trapezoidal space, positioned at the ends of all runways, designed to create a safety buffer for when aircraft fail to stay on the runway. Santa Monica has no meaningful RPZs. In fact, despite lots of searching, I have not been able to find any other U.S. airport with hundreds of homes standing inside the RPZ. The vast majority of U.S. airports have ZERO homes standing inside the RPZs.

This graphic illustrates where the Santa Monica RPZs would be, if FAA applied its safety standards there:

ksmo-20161223-rpzs-rwys-3-21-v2-labels-added

In contrast with the RPZ at KUAO, these safety areas at Santa Monica have hundreds of houses. (click on image for larger view)

Nationally, FAA has generally done a good job on RPZs; they have defined the dimensions, and they have firmly and consistently guided airport authorities to comply with these design standards that are needed to protect pilots, paying passengers and airport neighbors. FAA has thus secured safety control at essentially all airports, but NOT at Santa Monica. There, a close inspection of the RPZs shows approximately 270 homes exist in the Santa Monica RPZs, meaning that the RPZs are, frankly, nonexistent. Here are larger images; try to count the houses yourself:ksmo-20161223-500x1000x1700l-rpz-sw-of-rwys-3-21 ksmo-20161223-500x1000x1700l-rpz-ne-of-rwys-3-21Nice homes, in a beautiful area with the finest weather, yet these people endure air pollution, noise pollution, and the constant fear of an off-airport crash. This makes no sense, and it does not have to be this way.

How Does Santa Monica Compare With Other Airports?

The PDF below presents a compilation of satellite views, comparing airport RPZs for Santa Monica with thirteen other airports in five western states (California, Oregon, Washington, Idaho and Nevada). Each of the airports selected for comparison is noted for heavy use by air charters and private bizjets. Two especially notable conclusions from this analysis are:

  1. homes are virtually never allowed to stand within RPZs, as it is just too dangerous. So, why hasn’t FAA either bought out the homes in the Santa Monica RPZs or, far more pragmatically, simply shut down jet operations there?
  2. if FAA shut down jets at Santa Monica, the capacity to absorb them at larger and safer airports in nearby Van Nuys [KVNY] and Burbank [KBUR] is enormous. As is typical throughout the U.S., both of these airports were built to accommodate traffic levels that have since declined by half.
Click on the image below for a scrollable view; the PDF file may be downloaded.

Exposing a NextGen Fraud: the so-called ‘Conventional’ ZigZag Routes

It is quite clear that, with the election results and the imminent White House occupancy change, coordinated efforts are ramping up to try and push through the latest pet projects: ATC privatization, and accelerated NextGen funding. These efforts are sourced in some backroom ‘collaboration’ between top-level FAA officials, key aviation leaders in Congress, and the industry (the airlines, the manufacturers, and the lobbyists).

As has always been the pattern, the Av-Gov Complex will knowingly lie to sell their schemes. One of the most graphic lies of the present cycle is variations of this graphic:

201106scp-conventional-vs-rnav-vs-rnp-faa-zigzag-graphic-at-pg7-of-satnavnews_summer_2011

This misleading graphic is liberally posted in news articles, FAA reports, etc. It implies that today’s air navigation systems are primitive, needing to upgrade via a progression from zigzag routes (left image) through RNAV routes and eventually RNP routes. An important fact being hidden, though, is that RNAV and RNP routes already exist, as they have for years. (SOURCE: pg.7 of FAA’s SatNav News, Summer 2011 edition)

Time and again, this image is pushed to help brainwash the Public (and especially Congress) to believe the current ATC system is incredibly archaic and shockingly inefficient, with flights zigging and zagging all across the continent. They pitch NextGen as ‘transformative’, while ignoring and concealing the facts that:

  1. commercial passenger flights have been flying mostly direct flights for decades, and thus these graphically presented zigzags are a complete lie;
  2. RNP & RNAV procedures have been available and usable by these flights for roughly two decades, and thus the whiz-bang NextGen changes are not really changes (we can accomplish the expensive NextGen goals by smartly using what we already have); and,
  3. an entirely new class of delays has been recently invented – enroute delays, at altitude; typically 100-200-miles from the destination airport, these are used to smooth out arrival surges because FAA refuses to restrict appropriate arrival rates to accommodate known airport capacity limits.

FAA et al need to be called out on this misinformation. It turns out, you will find two versions of this deceptive diagram in Chapter One of nearly every recently completed ‘Environmental Assessment’ for various airspace changes around the nation. Here are some examples, from recent OAPMs (Optimization of Airspace and Procedures in the Metroplex); look at the identical content in any of these cookie-cutter documents, at these pages:

  1. June 2013: Draft EA for DC OAPM (216p; see pages 6 and 14 in chapter one, marked pages ‘1-6’ and ‘1-14’)
  2. March 2014: EA for Atlanta OAPM (122p; see pages 1-6 and 1-14)
  3. July 2014: Final EA for NorCal OAPM (134p; see pages 1-5 and 1-11)
  4. December 2014: Draft EA for Charlotte OAPM (118p; see pages 1-5 and 1-11)
  5. August 2016: Final EA for SoCal OAPM (144p; see pages 1-6 and 1-12)

[KSMO]: Are FAA Attorneys Bluffing on their ‘Cease & Desist Order’?

The fight in Santa Monica continues to heat up. City officials have labored for nearly four decades, and patiently endured one FAA delay tactic after another, in their quest to assert local control so they can best manage their local airport. Now, an official at FAA Headquarters in Washington, DC, has issued an ‘Interim Cease and Desist Order’. For what it’s worth, here is a copy of the City’s official response:

ksmo-20161213at1540-n-hernandez-email-w-mayor-vasquez-response-to-faas-interim-cd-order

(text of email by City officials; minor edits may have been added, but only to clarify)

The Order appears authoritative and very threatening, but a closer inspection suggests it is just another bluff by an out-of-control federal agency. Here’s the closing declaration, at page five of FAA’s 15-page document, signed by Kevin Willis, an FAA Director at the Office of Airport Compliance and Management Analysis, on 12/12/2016:

(click on image to view an archived copy of FAA's entire 15-page 'Cease & Desist Order' package)

(click on image to view an archived copy of FAA’s entire 15-page ‘Cease & Desist Order’ package)

‘Cease & Desist’ … hmm, my first thought was, roughly,

“…where does FAA have the authority to issue a ‘Cease & Desist Order’, intervening in the relationship an airport authority has with an airport tenant? I mean, by this logic, FAA should also have the right to dictate all sorts of airport management details, not at all related to aviation safety.”

Evidence That This is Just a Bluff

FAA’s authority to issue the Order is cited as footnote one, on the bottom of page 1 which reads: “This Order is issued pursuant to 49 U.S.C. § 46105 and 14 CFR § 16.109.” So in the probably 100-200 man-hours that went into drafting this Order, FAA’s legal team offered not one but two cites. But, is either cite valid?

I’ll lead off with the second cite. According to GPO’s eCFR website, FAA’s second cite DOES NOT EXIST. I.e., per the screencap below, 14 CFR § 16.109 is a ‘reserved’ section of the CFR framework, meaning there is no language to be consulted.

20161213scp-2-images-showing-part-109-reserved-gpo-ecfr-14cfr

Two screen-captures by aiREFORM, from the current/valid electronic CFR (Code of Federal Regulations) website. These show that there is no valid 14 CFR section 109.

And note, too, this is NOT an out-of-date version; the GPO website declares this eCFR is current as of 12/12/2016 … the same date as Mr. Willis’s signature!

And now let’s consider the other cite. FAA cited 49 U.S.C. § 46105, but their error is immediately revealed by simply reading the language of the law. The actual section contains these words: “…a regulation prescribed or order issued by (…) the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator (…) takes effect within a reasonable time prescribed by the (…) Administrator.”

Note the qualifier, “…with respect to aviation safety duties and powers designated…” FAA’s current action against Santa Monica has nothing to do with ‘aviation safety duties’, and FAA’s legal team has failed to actually cite any real authority. If you want to look even further, see this archived PDF copy of the entire Chapter 461, which contains all sections, from 46101 through 46111. It is a searchable copy, so it is easy to quickly establish: Chapter 461 contains neither the term ‘cease’ nor the term ‘desist’, and the cited § 46105 contains no real authority.

Now, just to be clear, I am not a lawyer. BUT, as a forced-to-retire FAA ATC whistleblower, I have plenty of experience with FAA’s bluff and bluster. FAA pays plenty for their hundreds of inside attorneys, and these civil servants are expected to distort and deceive at will, in support of the true and not-so-ethical FAA mission. If my quick legal assessments are flawed, please show me my error. And if they are not flawed, clearly, it is time for FAA to get off their bureaucratic butts and let the People in Santa Monica get on with owning AND controlling their local airport.


UPDATE, 12/20/2016: — a week has passed and nobody has yet provided even a flimsy legal basis for FAA’s administratively issuing an ‘Interim Cease & Desist Order’ against the City of Santa Monica. The most substantial response I have yet seen was sent by Chris Harshman, and a screencap is provided below:

ksmo-20161220at1641scp-wow-email-from-c-harshman-packetlaw-comHere’s what I sent back to Chris:ksmo-20161220at1728scp-reply-email-to-c-harshmanChris did make one good point in his email. He identified my error in interpreting the CFR nomenclature. The Code of Federal Regulations are an extremely deep and tangled set of rules. When I researched my blogpost, I could not find a 14 CFR § 16.109 and ended up finding a list that looked like it was regarding 14 CFR § 16.109, but was actually declaring that 14 CFR Part 109 was reserved. The online version is viewable here (and I archived a copy, all 31-pages, here).

Of course, we also have the problem that the preamble for the 31-pages of 14 CFR Part 16 says that “…provisions of this part govern all Federal Aviation Administration (FAA) proceedings involving Federally-assisted airports….” This strongly suggests that Part 16 cannot be applied against Santa Monica, because Santa Monica dropped their addiction to airport federal assistance many decades ago.

Thankfully, all of this confusion is easily solved. We just need FAA to start serving ALL OF US, not just the elite aviation interests. Airports serve communities, not businesses; airport impacts need to be properly balanced against health, residential quality of life, and other issues. Attorneys can help make this happen… IF they choose to serve more than just the mighty dollar.