Part 2: “It is like being broken up with on a Post-It note”

More details to ponder about FAA’s latest tantrum: their refusal to communicate with Marylanders because the good Governor has filed a legal challenge against FAA. Sheesh.

Washington Post followed up on the Baltimore Sun news story. (click here for the source article, click here for an aiRchived version) The piece was by Michael Laris. There is a common and consistent problem with articles by the mainstream media, including Washington Post. In the middle of this article, a paragraph implying NextGen benefits is inserted, but none of the alleged benefits are supported by any real data. That is to say, the suggestion of addressing congestion fails against the reality that total airport operations (takeoffs and landings) at the main passenger airline airports have actually declined 14% between 1989 and 2017; in other words, the only ‘congestion’ is accommodation of airlines who ‘demand’ that a select few airports become superHubs. (click here for a 3-page PDF analysis; the combined data showing the 14% decline is at the bottom of page 3) And, as for efficiency, the only ‘gains’ are potentially realized by subverting the environmental review process (e.g., liberally applying the CatEx) to impose highly impactful routes with turns lower and closer to airport runways.; in other words, FAA is orchestrating a wholesale dismissal of environmental concerns.

There’s another important detail to consider, about the Baltimore-Washington airport. According to the Bureau of Transportation Statistics (BTS), Southwest is by far the dominant airline at KBWI, with nearly 69% of passengers. (click here for BTS website, click here for an aiRchived copy of the KBWI airport report) So, if FAA imposes changes that increase both impacts and airline profit margins, Southwest is the key player who could, in a very neighborly way, advocate on behalf of impacted residents. When is the CEO of Southwest Airlines going to stand up and protect community quality-of-life and health, by telling FAA to fix these new routes? If Southwest did this, they would stand to build even greater customer loyalty. That, coupled with their near-monopoly at KBWI (and dozens of other U.S. airports, BTW!), is always a good business move.

Santa Monica Airport: Last Chance to Comment on Minimum Standards

Airport officials at Santa Monica are in the process of creating ‘Minimum Standards for Commercial Aeronautical Service Providers. These standards can ensure that all potential operators are fairly treated when and if the airport authority denies certain operations. Last week, Airport Director Stelios Makrides issued a statement that the deadline for comments has been extended to June 21st. (click here for an archived copy)

Santa Monica is a very unique airport. It should have been allowed to close down years ago, but FAA has obstructed the will of the local community, solely to protect aviation interests who insist on using this deficient airport facility. How is it deficient? Just take a look at the satellite images and airport map, and note how closely the nearby homes and yards stand, relative to the runway. At Santa Monica, people have had their lawn furniture blown over by the blast from departing jets; REALLY!!

The runway was shortened last year, but now the City is failing to impose needed standards that block unsafe operations by jets and commercial operators. Aviation money appears to be impeding their judgment.

Santa Monica is also notable as an airport where FAA lawyers managed to convince the local elected officials to ‘settle’ legal differences with an inexplicable agreement to extend the life of the airport. Money talks, and rumor has it the elected officials were tired of spending so much money on legal services, trying to exercise their rights against FAA’s industry-serving will. You got it: our money, collected by FAA from we the taxpayers, and spent as FAA sees fit, is arbitrarily used to impede meaningful LOCAL CONTROL by compelling our own elected officials to use our money (local taxes, this time) to fight FAA in the courts.

Below is a copy of a recent letter by Gavin Scott, posted at NoJetsSMO. He summarizes what he observed at the June 5th Airport Commissioner’s Meeting. He also advocates – strongly – for people to submit their own comments right away, before the chance is gone.

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

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].

Santa Monica Update: Air Quality Study Needed, During Runway Closures

In the U.S., one of our greatest advocates for resolving aviation impacts is Marty Rubin. Marty has been fighting the right fight for decades now, against a city (Santa Monica) whose elected officials appear to be corrupt to no end (…well, most of them; a few have been great!). His website, CRAAP, recently forwarded the posting below, which is a blogpost by staff at Mike Bonin’s website.

For those not in the LA area, here’s the deal: this airport is run by the City of Santa Monica, but has HUGE impacts upon people who reside in homes outside the City’s boundaries … in old and very established residential communities like West LA. In a just world, a higher level regulator, such as FAA, would guard against gains for some with uncompensated losses for others. But, here in West LA, FAA is failing their role. In these neighborhoods, even beautiful homes are subjected to aviation fumes and jet blast, with homeowner’s having no evident right to fix these impacts. Why? Because of FAA’s refusal to serve EVERYONE, not just the aviation industry! But, then again, this is what we expect from a captured regulator.

Here is a copy of the blog and Councilmember Bonin’s letter to the Santa Monica City Council. (click here to view the source)

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


See also:

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.

NextGen: “A Virtual Highway, and the Traffic Never Stops”

A good opinion piece related to NextGen impacts (and ongoing FAA failures) near the Baltimore-Washington Airport [KBWI]. This airport serves as the hub for Southwest, in the DC area (NOTE: the two other major airports serving the DC area are Dulles [KIAD] and Reagan National [KDCA]; United hubs at KIAD, and American dominates at KDCA]. There is some misinformation in the Op/Ed, as happens in a world run by money and set on crafting and pitching propaganda, but they also make some great points.

Here is an archived copy, with aiREFORM footnotes added:

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

URGENT – The SeaTac Hardstand Needs to Be Appealed by July 28th

If there is one matter that people around SeaTac Airport [KSEA] need to focus on right now, it is the urgent deadline, just over a week away, for filing an appeal at King County Superior Court. That appeal, if granted, would force review of POS’s recent SEPA ‘Determination of Non-Significance’, or ‘DNS’, for the so-called ‘Hardstand’ expansion project. What exactly is a DNS? In this case, the DNS is POS’s way of administratively declaring, “oh, we want to enable the airlines to park 6 more airplanes for handling their through-passengers, but this will not increase flights and will have no significant impacts.” Really!?! Hmmm … this determination seems to lack plausibility.

A Closer Look at the Environmental Review Process

The Port of Seattle (POS) has an environmental staff, and one of their duties is to maintain a webpage listing various projects for both NEPA (federal) and SEPA (state) environmental review. People need to understand how these processes flow, and how they are so strongly biased to enable airport over-expansion while creating an illusion that the general public was involved in the process. This Post takes a closer look at the state portion, SEPA.

So, how does the SEPA work in the State of Washington? Probably very much like what has evolved (or devolved??) for environmental review in most states. As has become a common strategy at major airports across the nation, a bunch of paperwork is created, and procedures are ‘checked off’. At the right point in time (usually, immediately after seeing that it looks like all boxes were checked), the airport authority can then simply do what they intended from the start: declare their ‘Determination of Non-Significance’, or ‘DNS’. So long as nobody finds time or money to file an appeal at the courts, it is ‘Game Over’. The airlines (served by the airport authorities) get more expansion, and more profit potential; the airport authority gets a fatter budget and more passenger fee revenues; the controllers see an increase in traffic and may finally nudge past a threshold to get a nice pay raise.

And what about the thousands more residents now awoken by night flights? Not a problem; they were determined by POS to be ‘Not Significant’. And if that seems inaccurate, well, just try to fix it!

In short, it’s a rigged system. No surprises there. So, what do we do about it? Demand the system be improved, and take action to fix what has been done wrong. We all need to get our community leaders to file appeals, before that looming deadline (July 28th).

Here’s a plausible sample letter or email, that defines the concerns we need to communicate to the City Manager and Council Members at Des Moines:

Example of letter for individual use: Request for appeal of POS’s ‘SeaTac Hardstand DNS’
The new ‘Hardstand’ capacity expansion proposal at SeaTac Airport, with all of its implications for increased aircraft support activity and toxic emissions, should be given the consideration of a full Environmental Impact Study (EIS). With all due respect, a determination of non-significance issued by the Port of Seattle does not inspire one with confidence, nor does it guarantee that this project will not further negatively impact the citizens living under and around the concentrated NextGen flight corridors.
Up to this point in time, the Port of Seattle and the FAA have been woefully lacking in following adequate procedures for public notification and transparency regarding airport expansion plans. Their preferred method of operation seems to be fast-tracking, in order to quickly implement changes while minimizing citizen opportunities for comment or input.  A full EIS performed by an impartial entity should be mandated before the Port of Seattle is allowed to proceed with any further expansion.
This airport is already overcrowded, and the schedule has been expanded too far. Please file the necessary appeal.

For reference, the table below lists archived copies of the key documents POS created; they hope to begin construction of the hardstand capacity expansion, later this year.

6/6/2017 SEPA DNS (3pg) [link] .. one odd puzzle about this DNS: it appears to cover only the so-called ‘hardstand holdroom’ building, but not the actual hardstand
6/6/2017 Checklist for SEPA DNS (22pg) [link]
6/21/2017 Comment Period Extension (1pg) [link]
7/7/2017 Final SEPA DNS (6pg) [link] .. declares 7/28 deadline to appeal for review, at King County Superior Court
7/18/2017 ADDENDUM to Final SEPA DNS (2pg) [link]

Trump in 1988: “You’re going to be flying with something that is quality and good.”

It should come as no surprise that President Trump supports the disastrous ATC privatization proposal being pushed by Bill Shuster, A4A, and a few airlines. It’s a bad idea, all the way around. We have a hard enough time getting FAA to even listen to citizens; so, take away Congressional oversight of FAA and we’ll end up with the airlines running roughshod over any neighborhood that saves 5-seconds of flying time… even our oldest and most tranquil neighborhoods.

On the other hand, it may come as a surprise to many of us who were not paying attention 28-years ago, when Trump was in the airline business (see PDF copy of article, below). Way back in 1988 .. before Bush I was elected, before Clintons began to out-Reagan Reagan with neoliberalism, even 7-years before Bill Shuster’s dad Bud became chair of the same House Transportation Committee that Bill now chairs, …yes, the committee that wants us to privatize today.

In June 1989, Trump acquired the lucrative Eastern Shuttle, which had been the crown jewel for Eastern Air Lines. The shuttle offered hourly flights, focused on connecting Boston Logan [KBOS], LaGuardia, [KLGA], and Reagan National [KDCA] with a fleet of noise Boeing 727s. The renamed ‘Trump Shuttle’ did not last long and, today, these ‘shuttle’ legs remain a bread-and-butter profit-maker for American, Delta, and JetBlue, even while they increase the number of through-passengers (and thus flights AND neighborhood impacts), especially at LaGuardia.

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

According to Wikipedia, a syndicate of 22 banks provided a $380 Million loan. The banks took possession just 15-months later, in September 1990, when Trump defaulted on the loan.

It is almost as if Trump and FAA were born in the same litter. And here we are, 28-years later, and President Trump wants us to believe, ATC privatization will also be, “…something that is quality and good.”

Yeah…

…Right.

City of Santa Monica is Failing to Live Up to Consent Decree Claims and Promises

Alan Levenson has created an analysis, showing how the City of Santa Monica is failing what they promised, nearly 5-months ago. Here is a copy:

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

The largest failure identified by Alan is that nothing substantial has happened, despite the fact that ‘immediate’ action was repeatedly promised. But, there is another large failure, and even more at the heart of safety and health impacts: the Consent Decree package reveals City is not only aware that the runway violates FAA safety design standards, but the City and FAA are both perpetuating these violations until at least 2029!

To illustrate the first failure, see this copy of the City’s glowing press release, when they announced the Consent Decree on January 28th (note, too, no citizens had yet been shown any of the Consent Decree documents … that was days later). Immediate? Hardly. Trust is not earned by spending five months and getting nothing done.

On the second point, City officials want everyone to believe that this Consent Decree assures FAA runway safety standards will now be met, but this assertion appears to be a bald-faced lie. For example, see the graphic at page 20 of the 63-page Consent Decree package. This was an Airport Layout Plan (ALP), created in 1991. At the time, it was believed that more jets would use KSMO, so the ALP depicted two Runway Protection Zones (RPZs): the existing RPZ, and an expanded future RPZ. The dimensions of the RPZ trapezoid are based on aircraft performance, specifically speed and wingspan. The higher performing jets would require a longer and wider trapezoid. Unfortunately, City submitted a fuzzy and mostly illegible ALP to the Consent Decree package (so, only people with experience studying ALPs can recognize what is depicted).

To correct for City’s fuzzy ALP, here’s a sample RPZ from another airport, with a lot less jet traffic:

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 is a minimally-sized RPZ for an airport with just a few jets; the ends measure 500ft and 1010ft, and the trapezoid is 1700ft long. Note that there are no obstructions in the trapezoid, to comply with an FAA safety standard.

One of the key facts that emerged with the Consent Decree was this: both FAA and City of Santa Monica have knowingly allowed not just ‘a few’ houses and yards inside the RPZ, they have allowed fully developed residential neighborhoods! And it appears that this is not happening ANYWHERE ELSE in the United States! Furthermore, both FAA and City of Santa Monica are OK with perpetuating this safety risk (and the substantial health impacts) for 12 more years. Nothing has been done to mitigate risks and impacts upon residents actually living (and breathing, and sleeping) within either the smaller RPZ or the expanded RPZ. And, in the meantime, not only are jets increasing at KSMO, but FAA has even pretended to not notice, while scheduled commercial operations were being marketed online.

So, City of Santa Monica finally came up with a plan to shorten the runway. Are the RPZs now clear of homes, yards and other obstructions? No, there are still numerous homes in the shortened runway RPZ, too. Here is a current satellite image showing the problem on the northeast end of the airport:

A 1,700ft circle (the RPZ length used for lesser airports) has been added. The image indicates that dozens of homes (west of Westgate Ave and north of National Boulevard) remain within the new proposed RPZ.

And this does not even reflect the pollution impacts and safety risks that remain to the east of Westgate Ave, especially for the higher performance air charter flights laden with more fuel.

Clearly, Rick Cole and Ted Winterer at the City of Santa Monica need to show us graphically, and in the clearest terms:

  • precisely where are the RPZ boundaries?
  • are the dimensions appropriate to the size and scale of commercially operating aircraft at KSMO?
  • and, can you confirm that no houses are within the KSMO RPZs?

See also: