GAO nixes FAA airport slot auction plans

Remember the flap about the FAA's plan to conduct an auction for takeoff and landing slots at airports in the New York City area? The plan did not sit well with many, including the Port Authority of New York and New Jersey, which operates the airports, and the Air Transport Association, which filed suit against the FAA in August to challenge the legality of such an auction. Late yesterday, the U.S. General Accountability Office (GAO) issued a formal opinion on the case. In short, the GAO said that the FAA does not have legal authority to auction slots. The GAO also said it would block attempts by the FAA to carry out such an auction.

Response to the GAO opinion from opponents of the slot auction plan was immediate. In a press release, the Air Transport Association said that it "applauds the Government Accountability Office (GAO) report that affirms the airlines’ position that the Department of Transportation (DOT) lacks legal authority to conduct auctions."

The word "applaud" also was used in the Port Authority's response to the GAO's ruling, which added that, "It’s wrong to raise prices for everyone by implementing an untested and unauthorized scheme, particularly in this economy."

Both ATA and the Port Authority's Task Force have been advocating for increasing capacity and "airspace redesign" to reduce delays and congestion at New York area airports.

For the record, here is the exact wording of the Summary of the GAO's opinion, issued on September 30, 2008:

This responds to a Congressional request for our legal opinion regarding the authority of the Federal Aviation Administration (FAA) to auction airport arrival and departure slots. As part of its efforts to reduce congestion in the national airspace, in April and May 2008, FAA issued proposed regulations to conduct such auctions at three New York-area airports--LaGuardia Airport (LaGuardia), John F. Kennedy International Airport (JFK), and Newark Liberty International Airport (Newark)--at some time in the future. In August 2008, FAA announced that it was proceeding to auction two specific slots at Newark on September 3, an action that has since been administratively stayed. On September 16, 2008, FAA announced that "[i]n accordance with rulemaking activity that is not yet complete" and "if the rule is adopted," it may auction slots at Newark, LaGuardia, and JFK starting on January 12, 2009. As agreed with your staff, this opinion addresses whether FAA has authority to auction slots and if it does, whether it may retain and use funds obtained through such auctions.

We conclude that FAA currently lacks authority to auction arrival and departure slots, and thus also lacks authority to retain and use auction proceeds. For the first time since it began regulating U.S. navigable airspace nearly 40 years ago, FAA now asserts that it may assign the use of that airspace using its general property management authority. According to FAA, slots are intangible "property" that it "constructs," owns, and may "lease" for "adequate compensation" under 49 U.S.C. 106 (l)(6) and (n) and 40110(a)(2). An examination of those statutes read as a whole, however, makes clear that Congress was using the term "property" to refer to traditional forms of property. It was not referring to FAA's regulatory authority to assign airspace slots, no matter how valuable those slots may be in the hands of the regulated community. Related case law confirms our conclusion. The only other source of authority for FAA to raise funds in connection with its slot assignments is the Independent Offices Appropriations Act (IOAA), 31 U.S.C. 9701, commonly referred to as the "user fee statute," but that authority is currently unavailable. Since 1998, Congress has, through annual appropriations restrictions, specifically prohibited FAA from imposing "new aviation user fees," and we conclude that proceeds from FAA's proposed auctions would constitute such a fee. Accordingly, in our opinion, FAA lacks a legal basis to go forward with the Newark auction or any other auction, and if FAA were to go forward with auctioning slots without obtaining the necessary authority and retained and used the proceeds, GAO would raise exceptions under its account settlement authority for violations of the "purpose statute," 31 U.S.C. 1301(a), and the Antideficiency Act, 31 U.S.C. 1341(a)(1)(A).

For those who may be interested in reading the full text of the GAO's decision, here is the link: B-316796, Federal Aviation Administration--Authority to Auction Airport Arrival and Departure Slots and to Retain and Use Auction Proceeds, September 30, 2008 - GAO (16-page 'pdf' file')

Japan Airlines cancels flights due to strike

In anticipation of a strike by three labor unions, Japan Airlines (JAL) has announced the cancellation of nearly a quarter of its domestic passenger flights for tomorrow, October 1, 2008. The strike, which is in response to a wage dispute, will affect about 14,000 passengers as JAL expects to cancel 152 flights within Japan.

The carrier says that no international flights will be disrupted by the strike. According to the Asia edition of the Wall Street Journal, those flights will be operated by non-union crews.

Three unions, including the JAL Japan Pilots Union and the JAL Cabin Crew Union, called the one-day strike to protest JAL's proposed to cut pay for crews and other employees by 5%, beginning in October. According to the Wall Street Journal, the pilots are considering extending the strike into a second day. If that happens, some international flights may have to be canceled.

UPDATE October 1, 2008: The strike by three unions against Japan Airlines has been canceled. Although there is no word on any new pay agreement between the carrier and its unions, JAL has announced, "Services on all flights, both domestic Japan and International, will operate as normal."

Pilot fatally injured in Cape Air accident on Martha's Vineyard

On the evening of Friday, September 26, 2008, a Cessna 402C aircraft operated by Cape Air crashed shortly after takeoff from Martha's Vineyard Airport, Vineyard Haven, MA. According to the FAA preliminary report about the accident, the aircraft was destroyed, and the pilot was fatally injured. The pilot, who was the only person on board at the time of the accident, was identified by Massachusetts State Police as David D. Willey, 61, of Vineyard Haven.

The aircraft (registration N770CA), operating as Cape Air Flight 1055, took off shortly after 8PM local time from Martha's Vineyard, bound for Boston's Logan International Airport. It went down in West Tisbury, just a few miles from the Martha's Vineyard airport. A news article about the Cape Air crash in the Boston Globe quoted a State Police official who said that a nearby house was damaged by debris, but no one was injured on the ground.

An FAA spokesperson, quoted by the Boston Globe, said airport officials reported heavy rain and high winds around the time the plane took off. However, the Cape Cod Times reported that, although the weather had been rainy, "a weather window" emerged between rain squalls when Willey took off.

The Cape Cod Times has published an article outlining David Willey's long and varied career as a pilot. The article includes a photo of Mr. Willey, supplied by his family.

A Memorial Gathering for David Willey was held today. Condolences to David Willey's family, his colleagues at Cape Air, and his friends.

United Airlines in Boeing 747 'wet lease' agreement with Fiji's Air Pacific

United Airlines is leasing a crewed Boeing 747-400 aircraft to Air Pacific for a period of two months. According to Air Pacific, the so-called 'wet lease' is intended to ensure "that schedule integrity is maintained" while one of the Fiji-based carrier's own B747-400 aircraft undergoes refurbishment in Singapore as part of a planned maintenance program during October and November, 2008.

Under terms of the all-inclusive lease agreement, the United aircraft will be flown by United pilots, and the passenger cabin will be staffed by United Airlines flight attendants, assisted by two Air Pacific cabin crew on each flight. Catering will be provided by United. In addition United will be responsible for all maintenance for the plane, as well as all insurance fees.

The aircraft is one of the six Boeing 747s that will be retired later this year as part United's capacity reduction plan. Service on behalf of Air Pacific, which began on September 28, 2008, will include two weekly flights between Los Angeles and Fiji, three weekly flights between Fiji and Sydney, and Saturday-only service between Fiji and Auckland. The current contract runs through November 23, 2008.

A second Air Pacific Boeing 747-400 is scheduled for refurbishment in February and March, 2009.

[Photo Source]

Breast Cancer Awareness Month: Seeing Pink at Delta Air Lines

October is National Breast Cancer Awareness Month in the United States. National Breast Cancer Awareness Month is a project designed to build breast cancer awareness, share information and provide access to screening services.

In support of National Breast Cancer Awareness Month and the Breast Cancer Research Foundation, some flight attendants at Delta Air Lines will be wearing pink uniforms throughout October. According to Delta, the limited edition signature "Pink dress" is patterned after the Richard Tyler-designed Red dress worn by some female Delta flight attendants. Every Pink Dress worn by a Delta flight attendant represents a donation to the Breast Cancer Research Foundation. Flight attendants purchased the dresses, with the proceeds going to the Breast Cancer Research Foundation. Delta says that the Pink uniform dress sold out just two days after it became available.

Delta also has a pink and white Boeing 757 aircraft that flies throughout the year to create awareness of breast cancer. According to Delta, since the Pink Plane first took flight in 2005, Delta has raised more than $1 million for Breast Cancer Research Foundations through donations from customers, employees and The Delta Foundation.

Learn about breast cancer and its treatment and prevention at the Breast Cancer Research Foundation website. Find out more about Breast Cancer Awareness Month by visiting the project's website at NBCAM.org.

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FAA: Croatia does not comply with international aviation safety standards

The U.S. Federal Aviation Administration (FAA) announced yesterday that Croatia does not comply with international safety standards set by the International Civil Aviation Organization (ICAO). Croatia's civil aviation authority was evaluated by the FAA in January of this year under the International Aviation Safety Assessments (IASA) Program. The FAA assessment rated Croatia as "Category 2." With the IASA Category 2 rating, Croatian air carriers cannot establish service to the United States.

The FAA explains:

A Category 1 rating means the country’s civil aviation authority complies with ICAO standards. Croatia’s Category 2 safety rating means that the country’s civil aviation authority does not comply with ICAO standards.

A Category 2 rating means a country either lacks laws or regulations necessary to oversee air carriers in accordance with international standards, or that its civil aviation authority — equivalent to the FAA for aviation safety matters — is deficient in one or more areas, such as technical expertise, trained personnel, recordkeeping or inspection procedures.

As part of the FAA’s International Aviation Safety Assessment (IASA) program, the agency assesses the civil aviation authorities of all countries with air carriers that operate or might be authorized to fly to the United States and makes that information available to the public. The assessments determine whether or not foreign civil aviation authorities are meeting ICAO safety standards, not FAA regulations.

The FAA notes that the government of Croatia has said that they are "working diligently to correct all areas of concern as they move to establish a safety oversight system that will be fully compliant with international standards and recommended practices."

Countries with air carriers that fly to the United States must adhere to the safety standards of ICAO, the United Nations’ technical agency for aviation that establishes international standards and recommended practices for aircraft operations and maintenance.

For information about the IASA program, visit: http://www.faa.gov/safety/programs_initiatives/oversight/iasa/

Evergreen International to fly new US-China cargo routes

The U.S. Department of Transportation (DOT) announced this week that it was proposing to award new US-China cargo routes to Oregon-based freight carrier Evergreen International Airlines. Once final authority is granted, Evergreen will operate six round-trip flights per week to Shanghai from New York with additional traffic stops in Chicago, Dallas/Fort Worth and Columbus, OH.

The U.S.-China aviation agreement of May, 2007 permits the United States to name a new all-cargo carrier to begin service in the market on March 25, 2009. In addition to Evergreen, Kalitta Air and TradeWinds Airlines also applied for the 2009 all-cargo rights.

The DOT concluded that Evergreen’s proposal offered the best service for the shipping public because the carrier was in the best position to compete with current all-cargo airlines in the market. Evergreen would offer the first scheduled U.S.-carrier all-cargo service to China from both New York and Columbus, the DOT said, also noting that Evergreen was the only applicant that would use the entire capacity of its aircraft for China services. In addition, the Department cited Evergreen’s experience operating in the U.S.-Asia market, including its U.S.-China charter services.

Evergreen International Airlines, a unit of Evergreen International Aviation, Inc., operates Boeing 747-100F and 747-200F aircraft.

The DOT tentatively awarded backup authority to Kalitta in the event that Evergreen is unable to begin service.

Airlines currently operating U.S.-China all-cargo service are Federal Express, Northwest Airlines, Polar Air Cargo and United Parcel Service. All restrictions on scheduled U.S.-China all-cargo services will be lifted in March 2011.

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Allentown runway incursion: Air traffic controllers cite tower understaffing

A press statement issued by the National Air Traffic Controllers Association (NATCA) claims that the control tower at Allentown, PA's Lehigh Valley International Airport (ABE) was staffed by unsupervised trainees at the time of a serious runway incursion incident this past Friday, September 19, 2008. The incident resulted in a near collision between a Mesa Airlines regional jet and a Cessna 172. The Cessna had failed to vacate the runway before controllers cleared the Mesa CRJ-700 aircraft for takeoff. When they saw the Cessna still on the runway, the crew of the regional jet rejected takeoff at high speed, and had to swerve to avoid colliding with the smaller aircraft. Fortunately, no one was injured, but it was a very close call: the RJ crew estimated that they cleared the Cessna by about 10 feet.

Whenever there is a runway incursion, we all wonder how it could have happened. In this instance, NATCA assigns at least part of the blame to the control tower staffing policies of Federal Aviation Administration (FAA). Here is exactly what the NATCA press release about the Allentown runway incursion said:

A Mesa Airlines regional jet was forced to abort its takeoff and swerve on the runway to miss a Cessna on Friday evening at Lehigh Valley International Airport. There were two Federal Aviation Administration employees in the tower, both controller trainees.

The incident comes as the House Aviation Subcommittee prepares to hold a follow-up hearing this Thursday on runway safety. NATCA President Patrick Forrey will be testifying.

At approximately 7:35 p.m. EDT Friday, the Cessna landed on Runway 6. The Mesa Airlines regional jet (RJ), ASH7138 headed to Chicago O’Hare, was instructed to taxi into position and hold its position on the runway. The Cessna was told to exit the runway at Taxiway A4 and taxi to the ramp on the local control radio frequency.

The trainee working local control in the tower thought they saw the Cessna clear the runway and cleared the RJ for takeoff. But the Cessna missed its taxiway and was still on the runway as the RJ was picking up speed. The RJ saw the Cessna and aborted its takeoff but was close enough to the small plane that it had to swerve to the left to avoid a collision. The jet returned to the ramp and the flight to O’Hare was canceled.

Of the 31 on board in the tower and radar control room at this FAA facility, 11 are trainees. That is 35 percent, which NATCA believes is far too many trainees than a facility can safely train.

"This was a very serious incident that points out all of the problems with the ramifications of the FAA's understaffing issues nationwide and our concerns about allowing newly and partially certified controllers to work on their own," Forrey said. "The FAA is so desperate to staff its towers they are forced to work trainees by themselves without adequate numbers of experienced controllers there to work with them. This has exposed the inexperience of our new workforce. These new hires are paying a heavy price for the continued failures of this reckless FAA management team. It’s unfair to these trainees and should be unacceptable to the flying public."

Before you begin your next takeoff roll, perhaps you should ask the ATC giving you clearance if he or she is an unsupervised trainee.