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.

FAA Forms Workgroups to solve their ‘People Problems’

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

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

Form workgroups.

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

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

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

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

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

See also:

Queens Quiet Skies: Latest Newsletter Offers Great Insight into FAA’s NextGen Failures

Janet McEneaney is President of Queens Quiet Skies, a group advocating for relief from aviation noise impacts related to both the LaGuardia [KLGA] and Kennedy [KJFK] airports. These are two of the three major airports that serve the NYC area. FAA’s full capitulation to the airlines, to expand flight schedules beyond what these airports can accommodate, has not only created terrible impacts that are destroying communities, but is also the root cause of nearly all delays in the U.S. ATC system. In other words, if FAA simply chose to apply rational capacity discipline on the NYC airports, system delays would be massively reduced.

Janet makes some excellent points in her latest update email to QQS members. A PDF copy has been created, with active links to the referenced materials. Hopefully this will help other aviation impact activists to learn about what FAA/industry are doing, why NextGen is failing, how workgroups tend to become coopted/steered by FAA/industry, and more.

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

BTW, Janet has been a great activist on this issue, for years. Read more here.

Also, archived copies of the documents linked within the QQS update may be accessed via these links:

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 FAA and Huerta Say Anything, Do Anything, to Protect THE PEOPLE?

(click on image to hear the Dr. Dao portion of Emil’s podcast )

On a Sunday before Easter, when Dr. David Dao was flying home from LA through O’Hare to Louisville, KY, he became the latest in an endless stream of victims of airline abuse. He was seated on a United feeder (Republic Airlines flight #3411) when the airline decided to bump four passengers, so four extra crew members could fly to Louisville for duty the next day. Dr. Dao, with patients to see on Monday, calmly and firmly refused to surrender his seat. The airline then called in airport security and he was forcibly removed, with his face smashed into a seat-arm, before being dragged off the plane. Dr. Dao, who escaped during the fall of Vietnam as a young adult, lost two teeth. Many passengers used their cellphones to capture shocking video of the entire debacle, and it all went viral.

Appropriately, legal counsel was engaged. A press conference was held on April 13, led by attorney Thomas Demetrio. The video is well worth a listen; here’s an embed, and a couple quotes:

At time 4:11, Demetrio states: “I have concluded the following: that, for a long time, airlines – United in particular – have bullied us. They have treated us less than maybe we deserve.”

At time 4:48, Demetrio continues: “Here’s what we want as a society: we want fairness in how people treat us, we want respect, and we want dignity. That’s it. Not a big deal. But just treat us with respect; make us feel like you really care.”

Fairness. Respect. Dignity.

What happened at Chicago, to Dr. Dao, was horrific. He was maltreated, even to the point of violence. No fairness, no respect, and no dignity. This was a gross failure, made worse by the bumbling of a profit-focused airline CEO, and enabled by a faux-regulator captured to serve only industry.

Yes, we need and deserve fairness, respect, and dignity. But, the same applies not just to our rights as passengers, but also to our rights – and responsibilities – as homeowners and employees (teachers and medical professionals, especially). We all deserve to have our environment respectfully protected, so that our families and those we serve can have the highest possible quality of life. But, today’s U.S. airline industry, collaborating with FAA, has come to a point where they routinely and aggressively abuse people, bullying passengers off flights, and destroying neighborhoods that used to be livable.

This terrible incident has unfolded in no small part because people used everyday technologies to share what the industry works hard to hide. The agency that oversees the industry has thus far said and done nothing to assure us, we are right to be shocked. Right to be shocked about the torture of Dr. Dao to accommodate crew who could have taken a company car or another flight, and right to be shocked by FAA’s wanton abuse of authority to impose NextGen impacts that are destroying neighborhoods… solely to tweak airline profits up a bit.

The balance between commerce and community is lost. It needs to be restored, immediately. If Mr. Huerta is not going to stand up and speak up about Dr. Dao’s abuse, he needs to sit down and let someone else serve THE PEOPLE.


See also:

MHFC: Technology and Design Achieve Nothing When Too Many Flights are Scheduled

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.

An SFO arrival from Puerto Vallarta, on January 9th.

This Analysis looks at how NextGen fails at one of the few emerging superHubs: San Francisco [KSFO]. Here’s a screencap showing extensive delays ATC issued to an Alaska Boeing 737, during a January 9th evening arrival. Take a close look and you’ll see: the flight crew was issued vectors to fly a large box, then a smaller loop, then sent northwest for further descent and sequencing back into the arrival flow near Palo Alto.

Altitudes have been added to this graphic, so you can better estimate the impacts upon residents below, especially while ATC was routing the flight at the lower altitudes, from Pescadero to Portola Valley to Palo Alto and on to the landing.

An SFO arrival from Puerto Vallarta, on 3/10/17.

This is the type of inefficient maneuvering that happens everyday. Massive backups can be triggered by incidents that cause temporary runway closures or weather problems, but most of the time, these inefficiencies happen when too many flights are scheduled too close together, all because FAA refuses to properly manage arrival rates.

On days when there are not too many arrivals, this same flight normally looks like the example to the left: a direct route and a steady rate of descent, from Santa Cruz to where they turn final at the Bay, just west of the Dumbarton Bridge. This type of efficiency can become a reliable norm, but only if FAA goes one step further and imposes programs to stop airlines from exceeding workable airport arrival rates. Sadly, under NextGen, FAA is doing precisely the opposite: giving the airlines the sun and the moon, and all the stars if they have to, so long as the airlines will not oppose the expensive boondoggle that NextGen is. FAA wants Congress to throw more money at the agency, and that won’t happen, unless all the Av-Gov players ‘collaborate’ and act unified behind the NextGen fraud.

Video of the February 4, 2017 Protest at Santa Monica Airport

The video produced for the latest Santa Monica protest rally is an outstanding example for how to conduct a peaceful and informative protest. Other aviation impact activists can learn from viewing this.

One point that comes through repeatedly within the rally is the deep concern the people have about health and aviation pollution. Incredibly, in the Consent Decree signed earlier that week, both FAA and the City were totally indifferent to these concerns; indeed, the only mention within the 63-page formal document is this paragraph, where FAA is pressing the City to formally abandon all environmental concerns.

Just a guess, but I suspect the four who voted to accept this Consent Decree (Pam O’Connor, Terry O’Day, Gleam Davis, and Ted Winterer) had not read this particular portion of the draft … and if they DID read it, they need to explain their ‘yes’ vote to the voters!

Here’s an embed of the video, followed by an expanded timeline, with a few quotes:

  • at the start of the video, Martin Rubin & Joan Winters (Concerned Residents Against Airport Pollution) opened the rally.
  • 14:47Mike Bonin, Los Angeles City Council Member from District 11. A few quotes: “This has been a battle that has been going on for a very long time, and I will say that, for the past four years, I actually thought we were moving in a very good direction. I was thrilled and was glad to support the grassroots efforts of Santa Monica to push for the victory of LC and the defeat of D. And I was pleased to see the increasingly aggressive actions that the Santa Monica City Council was taking, as they went forward in trying to shut the airport down, in their battle against the FAA – a big, scary, monolithic organization, in that battle to try to get this airport shut down.”“My first reaction was, ‘wow, they’re going to shut this down, that’s good news’, and I was happy. And then I began to look into the details of the agreement. And my staff began to look into the details of the agreement. And, I began to hear from Marty, and others, who are experts and fluent in this. And while I was doing that I got a text from someone, a former elected official in Los Angeles, who said, ‘I just heard the news, Santa Monica Airport is shutting down; Bill Rosendahl is looking down smiling’. And, I texted back: ‘You know what? He sure as hell isn’t. He sure as hell isn’t’.”“Keeping this airport open for twelve more years is wrong,” followed by a series of injustices the airport is forcing onto local neighborhoods. Also, “If this runway is going to be shortened, it damned well better have a 1,000-ft buffer zone. It is unconscionable that the FAA, which is charged with protecting safety, has allowed a shorter than usual runway buffer zone in this area. It is absolutely unconscionable, and it puts people’s lives at risk. And I’m encouraging and calling on Santa Monica to do everything they can, to get rid of the damned leaded fuel sales at that airport. When I saw the LA Times story last week, I had hoped this was the end; it’s just another chapter.”
  • 20:40Santa Monica Mayor Ted Winterer was one of four who voted to accept the consent decree, and had been pre-scheduled to speak at the rally. He could have backed out, but bravely attended to explain his vote. Martin Rubin diplomatically introduced him, humorously asking the audience to hear him out and scream at him later.
  • 29:33 – Martin Rubin offered a civil rebuttal to Mayor Winterer’s comments, focusing on the need for engaged citizens and public process in an effective Democracy. “If the City thinks they’re fooling the people, well the FAA thinks they’re fooling the City. The FAA’s interest is in aviation – promoting aviation, economically mostly. They do not incorporate the views of the impacted communities. All around the country there are people that are very upset with things that have been going on with the FAA. This one friend of mine put it, ‘how can you tell when the FAA’s lying? Their lips are moving’.”
  • 40:10 – former Mayor Tony Vazquez was one of three Santa Monica City Council Members who voted against accepting FAA’s Consent Decree. Tony was not a scheduled speaker, but offered strong support for the work being done by Congressman Ted Lieu.
  • 43:54Sue Himmelrich, another of the three Santa Monica City Council Members (the third was former former Mayor Kevin McKeown) who voted against accepting FAA’s Consent Decree. Sue also was not a scheduled speaker, and offered strong support for Congressman Ted Lieu. She noted that both she and Ted Lieu are lawyers; that, she read the entire agreement prior to voting ‘no’, and she is sure Ted will read the full agreement, too, and will then make a just decision.
  • 47:02Laura Silagi, Venice Residents Against SMO, questioned the City’s ‘Fly Neighborly Program’. She explained how FAA dodges accountability and blames the program on the City. And, she explained the program’s impacts are a problem that needs to be solved now.
  • 52:10Alan Levenson, founder of ‘No Jets SMO’, read a review of the history of this airport, going all the way back to the Douglas airplane factory. For each change and each obstruction to progress, he noted: “The simple answer is money.”
  • 1:02:28 – Martin Rubin discussed facts and propaganda: “What the City put out is all propaganda.”
  • 1:02:56Susan Hartley, former Santa Monica Airport Commissioner: “Well, in 2007 I got you all to say ‘enough’, we thought it was enough, we had it then and now look at this now. All the time I was on the airport commission they kept saying, ‘2015: it’s going to be done’. Then, we saw 2015 come, and now they want us to believe it’s going to be done twelve years later? Forget it. Forget it, forget it. Under this so-called agreement, no … nothing about noise violations, nothing about pollution, nothing about … it’s going to get worse.” “I just don’t buy this twelve year thing. I don’t buy it. I would like to buy it. I think you need to think about recalling the people.”
  • 1:05:43 – Martin Rubin discussed Susan’s role in the history of activism against SMO impacts; he also discussed the evolution of the Airport Commission away from rubber-stamping airport staff projects, to instead become a representative for the People.
  • 1:07:44David Goddard, former Chair of Santa Monica Airport Commission, discussed his opinion on the apparent sweetheart deals, wherein City has illegally and fraudulently leased public property to Atlantic and other major airport tenants, far below market values. As Alan Levenson said in his earlier speech, “The simple answer is money.”
  • 1:12:41Bob Rigdon, an independent citizen, and 35-year airport neighbor, very effectively pointed out that, with the sudden vote to accept FAA’s Consent Decree, City Council has effectively thrown out decades worth of work.
  • 1:15:18 – after Martin Rubin suggested the airport could be renamed ‘Satan Monica Airport’, he introduced Mike Salazar, Ocean Park Association. Mike added his disappointment with the Consent Decree, and reviewed some airport history, including the 1981 vote to close the airport … which was forestalled by FAA when they imposed a 1984 Settlement Agreement. He discussed the need for the airport to close, including these quotes: “What we have to remember is, Santa Monica Airport is an outdated airport. It’s not the quaint, historic airport that anti-neighborhood folks cite, as this ‘wonderful, historic venue’.”“Not even shortening the runway will make this polluting dinosaur beneficial. When we close this airport, aviation will survive, and they’ll relocate, hopefully sooner than later.”“This outdated airport has no economic benefits when the costs are weighed.” He noted how non-aviation jobs vastly outnumber aviation jobs at the airport (which he finds economically comparable to a small strip mall), and in closing he mentioned toxic lead, ultrafine particles, and other airport health impacts. “Where is the FAA on health and safety, which is their mandate?”
  • 1:27:16 – Martin Rubin gave closing remarks, including: “So, it does take a large number of people, a lot of groups, a lot of different directions, to crack this very difficult nut – of aviation being able to do whatever it wants to do. There are problems all around the country. We are just the poster child for general aviation, and we have an important message to send out.”

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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:

[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.

FAA Continues their NextGen Disinformation

At FAA’s ‘Optimization of Airspace & Procedures in the Metroplex (OAPM)‘ webpage, which is marked as last modified on 6/27/2016, there is a link to a video uploaded to FAA’s YouTube page. As has been the practice for FAA and others trying to dupe the Public into buying NextGen, the video is filled with disinformation.

Here’s an example. The two images below are screencaps, showing consecutive slides in FAA’s video, at times 1:07 and 1:13. The first is a satellite view of a hilly, minimally developed and predominantly forested land area; the second is a blue graphic with FAA’s splashy declarations alleging ‘transformative’ benefits of NextGen.

20160627scp-rnav-vs-conventional-zigzag-navigation-faa-lying-to-sell-nextgen-at-time-1m07s-of-4m45s-video

(a fraudulent and intentionally deceptive image provided by FAA, at time 1:07 in the video)

20160627scp-rnav-vs-conventional-zigzag-navigation-faa-lying-to-sell-nextgen-blueframe-at-time-1m13s-of-4m45s-video

No explanation is necessary, but what the hell. Lies annoy me, so I love to skewer them with facts. Here goes… the satellite view presents the direct green line and a zigzag red line route. The clear intent of this green vs red graphic is to impress upon us that our commercial airliner will become amazingly more efficient if, via NextGen, we let them fly those direct ‘greenlines’.

The problem is, it is utter bullshit. Our commercial passenger planes have been flying direct routes (the equivalent of these greenlines) for more than four decades. Thus, this graphic implies a change that will not happen, an alleged benefit never to be gained.

20140618-portion-of-pic-kiah-nextgen-metroplex-celebration-speech-pic-huerta-rinaldi-et-al

June 2014: Huerta hawking NextGen in Houston)

And, furthermore, study that satellite view. It’s fuzzy, but it offers enough detail, including roads and granularity related to both vegetation and topography, that anyone who studies aerial imagery can see: this land area is no more than 10- or 20-miles across. A commercial jetliner would NEVER be able to fly the red zigzag route as the turns are far too tight. But, of course, that does not stop FAA from pushing this kind of NextGen disinformation. All for the money.

And think this one step further: as stated by FAA,  those red lines represent a ground-based route; thus, there have to be navigational stations at the locations where the red lines bend. Out in the middle of this area of hills and hollers. Yeah, right. I wish FAA would show more respect for our intelligence, and for our money.

Michael Huerta: you’ve been FAA Administrator through all of this. Are you going to tell your FAA employees to clean this up, or are you just going to leave the NextGen mess for the next Administrator?