The ‘Consent Decree’: Shame on Four Santa Monica Officials for their Total Capitulation

Yesterday, the Consent Decree announced on Saturday morning was signed, and a copy was shared online. The surprise of the Saturday announcement was one thing, and the extent of excessive capitulation by the City was a second shock, but the actual language in the Consent Decree (copy here) is, well, Trumpian.

Granted, there is no way the new White House cabinet gives a rat’s ass about the health impacts around Santa Monica Airport; they are too busy playing ‘King of the Mountain’, testing their power limits, dismantling our environment and our civility, all in the name of greed and profits. Of course, so is the case at Santa Monica: the bulk of these impacts are by charter jets, thus serving the tiniest demographic, the ascendant oligarchy.

Here’s the assessment of the Consent Decree by NoJets.org:

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

And, here’s the assessment of the Consent Decree by attorney Jonathan Stein:

City of Santa Monica FAA Reaches Settlement Agreement with FAA, Allows Shorter Runway and Eventual Closure – in 12 Years

The Santa Monica City Council announced in a Saturday press conference that they have agreed to a Consent Decree in which FAA will allow total closure of the airport [KSMO], but not until at least January 1, 2029.

Twelve years is a long time, and will mean a lot more health impacts due to jet air pollution. Some will see this as nothing but another unacceptable extension of FAA’s agreement with the City signed way back in January 1984, (1984 to 2029: FAA has dragged this out for 45-years!). That agreement was to allow City to assert full local control of their airport land, on July 1, 2015. FAA reneged on that promise, blocking City’s efforts and intent to close nearly two years ago. And, FAA abused their administrative authority to embrace – and even encourage – the use of Part 16 administrative complaints. FAA’s slow administrative processing of these complaints is used to perpetuate use of the airport while also impeding and delaying progress by the City.

The one element of the Consent Decree that offers residents some jet air pollution relief much sooner is this detail: the City will be allowed to reduce the length of the runway, to 3,500ft. While most of the present 4,973ft runway will likely be retained as pavement for safety overruns, the actual runway available for use will be reduced substantially, and the 30-passenger charter jet proposed by JetSuiteX (under a contract with an outfit called ‘Delux Public Charter’) will not be able to safely or legally operate.

Should the City have gotten better? Absolutely. Settlements are supposed to reflect a meeting in the middle, with proper consideration for both parties in a dispute. FAA continues to abuse their authority and play the bully in the playground, forcing communities like Santa Monica to expend thousands of hours of effort and even millions of taxpayer dollars fighting skirmishes enabled by FAA’s arrogant attitude. At the least, FAA should have granted City authority to exclude jets almost immediately, and absolutely once the runway is shortened. Why? Because the residential neighborhoods around Santa Monica are uniquely too close, and too impacted by jet pollution.

An actual signed copy has not yet been shared, but if the agreement has been signed, FAA has the power to repair this failure. Simply, FAA can declare that, due to health and safety concerns and unique local impacts, the Santa Monica runway is officially closed to jet arrival operations.

Here is FAA’s Press Release:

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


See also:

UPDATE, 1/29/2017: — Reactions from activist groups question the City’s sincerity, and note the lack of transparency and trust. The Airport Protest Rally is still on for Saturday, February 4th, at 11AM. Here are more archived records:

JetSuiteX Blowing Off Airport Authorities, Still Planning Scheduled Flights Out of Santa Monica

We’re down to the last two weeks. On February 6th, a charter operator wants to add to the impacts at Santa Monica with the start of scheduled passenger service on 30-passenger jets, offering flights to San Jose, Carlsbad, and Las Vegas. It appears the airport has not been certified to handle this type of operation, that for example the emergency response personnel and equipment is not sufficient for a possible accident by the operator ‘Delux Public Charter’ under JetSuiteX. But, corporate hubris ignores safety, legality, and environmental compatibility.

The scrollable PDF below shows a recent article by Beige Luciano-Adams, in a local paper, the Argonaut. This reporter did a very good job asking questions and getting candid answers from both sides. On the other hand, attempts to get candor from FAA were rebuffed. Indeed, in this whole matter, the worst character is FAA. They are truly acting as a captured regulator serving only aviation, enabling JetSuiteX to compel the City to waste resources protecting the City and people from excessive and unacceptable risks.

A real aviation regulator would have put a stop on JetSuiteX in December, shortly after they started selling tickets online. A real aviation regulator also would have ordered JetSuiteX to cease selling of these tickets with discounts for Santa Monica residents, a practice that is discriminatory and thus appears to be illegal. A real aviation regulator would have worked hard to bring the operator and the airport authority together to quickly resolve all issues, trying earnestly to create air service, but rejecting the proposal if it failed safety standards and other requirements.

FAA has done nothing … which is part of the collaborated plan.

Readers are encouraged to study this article. Reader comments/analysis shared with aiREFORM may be added to this aiREFORM page, with or without attribution, at the request of the reader.

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

To read another local article, and to also see an analysis showing how poorly JetuiteX has done selling passenger seats to Santa Monicans (despite the discriminatory pricing), click here.

Genesis and the Story of the SERFR Arrival (according to FAA)

…But the Community continued to cry out in ever greater numbers.

And their complaints numbered in the thousands,

and then tens of thousands,

and then hundreds of thousands.

***

Crying out in a loud voice they said
Oh Lord, remove this plague of noise and pollution from above our heads.”
And the FAA said:
“For sooth. This has not happened before within our short memories. Why did the communities never before complain?”
And the Air Traffic Control angels replied saying:
Verily, the number of aircraft popping out of our bottom in ancient times were few. But now the number doth wax greatly.

A brilliant and humorous analysis of how FAA failed to serve the people impacted by NextGen arrival changes, feeding San Francisco [KSFO] from the south. The technical details presented in this are also impressive, and quite informative for anyone burdened with the health and quality-of-life costs imposed by FAA’s worsening NextGen implementation debacle.

Great work is being done by some very talented people at Sky Posse Los Altos.

Created by Ron Rohde, with Sky Posse Los Altos. Click on the image below for a scrollable view; the PDF file may be downloaded.

Aviation Impact Activism Documentary: ‘Destination East Boston’

This is an excellent documentary covering five decades worth of airport expansion impacts on Boston residents, even back into the 1960s. Somebody who knows this history more intimately, perhaps an East Boston resident, needs to write up a chronology about this history.

If someone takes on this project, aiREFORM will offer support, helping to create a webpage that includes maps, photos, links and more to share this story.

Destination: East Boston from Lucas La Battaglia on Vimeo.

The film appears to be connected to Airport Impact Relief, Inc., a nonprofit.

Timeline (subjects & appearances) in the film:

  • (1:24) – Mary Ellen Welch
  • (2:18) – Chris Marchi
  • (3:14) – Wood Island Park
  • (3:28) – Anna DeFronzo
  • (4:16) – Rich Gavegnano
  • (6:06) – Frederick Salvucci
  • (7:20) – Father Corrigan
  • (7:30) – SEP 1968, residents follow the example set in the 1960s civil rights marches. They realize that letters and attending airport meetings was not changing the airport growth ambitions; so, they began to protest more actively, blocking construction trucks.
  • (16:07) – Brian Gannon
  • (17:21) – Gail Miller
  • (20:16) – Wig Zamore
  • (21:28) – Sumner Tunnel & Callahan Tunnel
  • (23:13) – “It’s really frustrating … they really have a hold of our neighborhood, our community, in such a way that you can’t really challenge them….”
  • (23:35) – Father Sallese
  • (24:27) – Frank Sargent
  • (26:46) – Luz Heredia, her two children have asthma
  • (36:57) –  an example of the propaganda machine in East Boston
THANKS!Facebook post by Jana Chamoff Goldenberg.

Please Standby While this Airplane Passes Over

Humanity has achieved good and bad. Our buildings often suggest our best progress, though we have been known to destroy them in wars.

NightVision, by Luke Shepard

Watch this short video and notice how you are allowed to focus, even disappear, into the time-lapse images and the music. The video is not interrupted by needless noise and distraction. It’s technologically impressive, honoring humanity.

Now, here’s a question: would the glorious achievements presented herein be diminished, if we had to pause our tour of these achievements, while planes passed over, one after another after another?
Can aviation be brought back to balance, to serve people first and money last?

[KLMO]: Shifting the Model

Citizens for Quiet Skies, in Longmont, CO, has fought heroically to bring balance and moderation to the skydiving noise impact by Mile Hi, at Vance Brand Airport [KLMO]. The group took their concerns to the state courts, and then took it further to an appeal. In the process, CFQS has helped to illuminate yet one more reason that aviation impacts are out of control: the court systems (just like the faux-regulators) are biased towards accommodating commerce, and too quick to defer to FAA and federal authority.

I ran into this quote by R. Buckminster Fuller:

“You never change the existing reality by fighting it. Instead, create a new model that makes the old one obsolete.”

He makes a good point. When you study aviation impacts, you see ample evidence that, no matter where it is (a skydiving issue in exurbia, an air tour issue at Grand Canyon, a NextGen impact near a major hub airport, and so forth), the present imbalance is carefully sustained – and even expanded – via the carefully coordinated use of propaganda tools. The Av-Gov Complex uses propaganda tools to frame the issues favorably for air commerce while also keeping the average person from seeing the relevant truths.

Led by lobbyists and with ample faux-regulatory cover provided by FAA, the Av-Gov Complex created the present model, and they are being damned careful to control any efforts to change that model. But, facts and truths are problematic to those who are corrupt and self-serving; if we persist, as Kim and others have in Longmont, eventually we can shift the model and restore the balance. The noise impacts are real and problematic, just as the aviation operator profits are real and narrowly focused; but we can change the model to include other important factors, such as safety.

Shifting the Model to include SAFETY

One relevant truth about skydiving is this: skydive operators consciously choose to offset their climbs, so that the noise impact is not happening over the actual airport but instead is happening many miles from the airport. This decision shifts the noise impact onto people who may have no idea why, starting on a certain sunny day a few years ago, they now always hear lots of droning airplanes diminishing the best weather-days of the year.

There are safety consequences of this decision that are often overlooked. In particular, a skydiving plane doing repetitive climbs far from the airport drop zone poses a higher midair-collision hazard to other small planes passing through the airspace.

klmo-20170110scp-vfrmap-airport-vicinity-with-5nm-radius-circle-added

VFR sectional centered on KLMO. The red circle has a 5 nautical mile radius. Many of the skydiving climbs happen outside this circle, to the south and west. (click on image to view sectional and other images at VFRmap.com)

In the Longmont example, FAA’s aeronautical charts include a symbol at KLMO to alert pilots that this is a skydiving airport … but, if the climbs are far from the airport, even the most safety-conscious pilot, passing through may not see the skydive plane until it is too late. And the edge of the Front Range is a heavily-flown airspace for small planes.

A proactive FAA would judiciously constrain the skydive operator on where they must conduct their climbs, flying within a clearly charted climb zone positioned over and adjacent to the charted drop zone. For example, they might require climbs within a 2-mile radius of the airport center, or the drop zone coordinates. If the weather was marginal within that defined climb zone, the operator would simply have to stay on the ground, which eliminates both safety risks and noise impacts. If the repetitive noise generated within the defined climb zone increases noise complaints to those near the airport and under that airspace, then FAA would have the hard data they need to further constrain the operator’s annual permit letter, imposing hour-limits per day, alternate days off, and other noise mitigation strategies.


See also:
  • 1/28/2017 – the next CFQS meeting, at 10AM at the Longmont Public Library (click here for further info)
  • 1/6/2017 – a recent OpEd in the Longmont TimesCall

City of Santa Monica Rejects JetSuiteX ‘COP Application’ for Part 135 Charter

For a month now, an air charter operator based in Irvine, CA and affiliated with JetBlue, has been selling seats online for scheduled passenger flights to begin at Santa Monica in early February. Weeks ago, the CEO of JetSuiteX, Alex Wilcox, told reporters he believes the City cannot stop this proposal. This despite the fact that the airport is crowded dangerously close to dense residential neighborhoods, and there is no indication the City is prepared with the level of crash-fire-rescue support needed for scheduled flights carrying up to 30 passengers.

Here’s a PDF of the application for a Commercial Operations Permit, signed by JetSuiteX COO Michael Bata:

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

And, here’s the City’s response letter signed by Airport Director Stelios Makrides, rejecting the application as incomplete, and requiring a valid Environmental Assessment:

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

For the past month, FAA has been suspiciously (and negligently?) quiet on this matter. What’s needed next is for FAA to break this silence and take action.

FAA is the final federal authority and routinely usurps local authority, to effectively run airports from a distance and for the industry, often with severe negative impacts upon the local community. If they are to be responsible, FAA needs to immediately issue an Interim Cease & Desist Order against JetSuiteX, Delux Public Charter, and Atlantic Aviation, to ensure no scheduled air charter operations begin at Santa Monica without all required permits. This should be easy for FAA to do; after all, FAA has recent experience issuing Interim Cease & Desist Orders related to Santa Monica.

Heathrow Airport Pays Guardian to Create ‘News Content’

20170110scp-about-explanation-of-paid-content-produced-by-guardian-labs-theguardian-comOne of the more disgusting details from the U.S. elections this past year was seeing the death of the journalism profession. We learned how the mainstream media no longer does hard research, no longer asks tough questions, but instead exists only to collect money for delivering spin and propaganda services. Not just for companies, but also for political parties. Evidently, propaganda going mainstream is a problem in the UK, too.

Here’s a copy of a tweet by BackOffHeathrow, a longstanding and vocal opponent of Heathrow airport expansion. Just like is happening under NextGen routes near a few major U.S. airports, the people who live east and west of Heathrow’s two runways are having their homes and lives destroyed. Same impacts, too: stress and distraction by repetitive noise interruptions, and compromised health due to elevated air pollutants and chronic sleep loss.

egll-20170110at0853scp-example-of-guardian-com-content-paid-for-by-heathrow-tweet-by-backoffheathrow

(click on image to view archived copy of this ‘paid content’)

Why so much misery and destruction? Primarily to accommodate air travel by airline passengers from North America, Asia, and Europe. Many people use Heathrow as an entry-exit point for Europe; many of them pass through Heathrow because the major airlines decided decades ago that they would use this piece of land for sorting their passengers and maximizing their company profits. By far, the biggest airline at Heathrow is British Airways (BAW, Speedbird). Airline profits are improving, while resident quality of life is steadily declining. No wonder so many people are fighting so hard to stop a third runway at Heathrow.

The Airport Paid For This (with your money)…

Notice who paid for this item that looks like a ‘news article’, which is one of a series of ‘paid content’ by the Guardian Labs team. Yes, Heathrow, the airport authority. Where do they get money to buy these services? From the passengers who fly through Heathrow. The airport authority, just like the regulator, can skim money off of the process, and evidently has no accountability or restrictions to preempt using that money beyond what is needed to operate the airport. In this example, they use that money to promote the airport’s expansion, and in opposition to the anti-expansion efforts by impacted airport neighbors seeking sleep and other relief. They use that money to create paid content, aka ‘Fake News’.

…And it is Nothing but Spin and Propaganda

This is a full-fledged program. On the upper left of the webpage it says, ‘Heathrow sustainable mobility zone’. Click on this and it opens up a whole new webpage with many more ‘articles’.

Take a close look at the article title: ‘How Air Traffic Controllers are Helping Clean Up Aviation Emissions’. The spin implies new technologies are being used to reduce the environmental impacts of aviation. It is spin partly because the methods listed in the ‘article’ for reducing impacts are nothing new … techniques and technologies that have already been used for decades. But, more critically, the spin flies right past the real elephant in the room: that for each of us, when it comes to generating CO2, hours spent travelling as a commercial air passenger are the worst hours in our life. Frankly, the only way for one individual to do more damage to the atmosphere, more quickly, is either to take up a new hobby setting arson fires, or have too much money to blow and start zipping about in your own private jet.

Obviously, if the aviation stakeholders here (the regulators and airport authorities and airlines) REALLY wanted to reduce aviation emissions, they would do five things:

  1. the regulator would reduce Heathrow arrival rates, and the airlines would agree to alter their schedules accordingly, so that the four holding stacks for Heathrow arrivals, as discussed in the ‘article’,  would never even be needed again;
  2. they would get the airlines to do a much better job filling the seats on their flights (the passenger load factor for British Airways, is barely above 80%, an absurdly low rate of seat occupancy that greatly increases the per passenger carbon emissions);
  3. they would agree to impose uniform fees that disincentivize use of Heathrow as a hub airport, while also encouraging airlines to fly a larger percentage of their passengers on nonstop-direct flights to their final destinations (for example, impose a steep fee for flying through, or impose fees that are directly proportional to the itinerary distance flown);
  4. they would advocate for imposition of a heavy aviation carbon tax (which should also replace most other aviation fees and taxes) so as to disincentivize hub connections that are not efficiently located along the direct route of flight; and,
  5. they would immediately abandon the third runway at Heathrow — this additional runway, and the industry that profits from it, are just further bad investment to accelerate the fossil fuel destruction of our planet.