Legislative Actions
May 15, 2009 10:00AM
The Reauthorization Act of 2009 is the primary funding vehicle for the Federal Aviation Administration. In 2007 a similar bill never made it through Congress due to user fee disputes between corporate, general and commercial aviation and an ongoing contract dispute with air traffic controllers.
This bill includes many beneficial items including incentives to promote green technology, contract resolutions with ATC and funding for Next Gen Technology. We support these changes.
This bill however must be changed to stop implementation of the Northeast Airspace Redesign until all the ciritical safety, legal and procedural issues are addressed. This includes conducting a legal impact statement, and re-opening the comment phase to all impacted areas.
Protections must be written into this bill to enforce the law and protect the safety of the flying public which has been compromised by the actions and inactions of a captainless FAA. Funds are crucially needed to install safety equipment in the towers, runways and in the cockpits and training of pilots, ground crews and air traffic controllers.
Read below the statement of Rep. John Hall of New York, from the Aviation Subcommittee in the House:
Statement of Representative John Hall
On the Airspace Redesign Language in HR 915
March 5, 2009
Mr. Chairman-
I am disheartened to see that this bill contains language talking about the helpful role the FAA redesign can play towards saving money for airlines and passengers. I support this bill, but I respectfully disagree with that contention.
The redesign has brought unnecessary and unprecedented noise levels to my constituents, as planes have been rerouted to fly directly over their homes. What had once been quiet suburban communities have become significantly less so because of the redesign.
It was completed without the input of air traffic controllers or many pilot groups and it is being implemented over the strenuous objections of the people who are most affected by it: the residents of Westchester County and Rockland County who live in the houses underneath.
A number of lawsuits have been filed on a variety of different grounds, to stop the redesign. A court victory will force the FAA to reconsider the process and start over, this time with the active participation of all the involved stakeholders.
I hope this committee continues to exert appropriate oversight over the agency and this program. And when the court does make its ruling I hope it listens to the evidence, follows the law and makes the right decision.
View the Bill here:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.915.IH:
Feb 4, 2009 11:02PM
Aviation lobbyists were successful in getting a handful of senators to include funding for the Airspace Redesign in the Economic Stimulus Package. It also accelerates the implementation of the Redesign even though it is under litigation.
We are waiting for changes to be made on Rockefeller Amendment 182 which is included in the massive package of amendments called Senate Amt. 98. The Rockefeller Amendment was not debated or voted on separately but rather rolled up into this omnibus package.
The problem with the Rockefeller Amendment is that it hides the funding for this failed and flawed project in a very useful project which deserves funding; Next Gen Technology. We are wholly supportive of funding for Next Gen Technology. We are not however supportive of funding the Routes and Procedures associated with performance based navigation because these essentials are Airspace Redesign, which is in litigation and is being unlawfully implemented.
Environmental protection organizations like Our Airspace are requesting only to amend this proposed legislation to say "excluding any Routing changes or Procedures associated with the Airspace Redesign."
We have notified Senator Schumer, Lautenberg, Rockefeller of the requested changes to this amendment. We await their response. They are aware that their support of this measure as written will undermine all of the efforts we have made to protect our communities and stand up for environmental law.
Click here to email your Senators about this issue.
FEDERAL AVIATION ADMINISTRATION |
June 30 2008- FAA Reauthorization Act funding expires June 30.
June 23 2008 - Transportation & Housing Approporations bill goes to the White House. FAA funding included.
June 18 2008- Hearing in the House on Aviation Congestion. ATADirector pushes the FAA to implementation of the airspace redesign. Shays calls for immediate end to the implementation of the airspace redesign. Schumer, Oberstar, and Hall ask for more ATCs in the towers. Schumer blasts the FAA over fligth caps which would temporarily solve flight delay.
May 6, 2008- The Senate voted NO on the Funding Reauthorization Act (Hr2881-S1300).
The House Bill provides support and funding for the Airspace Redesign and would need to be amended to stop implementation until GAO review and resolution of litigous action. See Below
This amended bill failedcloture montion on Tuesday May 6. you may read this here:
http://thomas.loc.gov/cgi-bin/query/R?r110:FLD001:S53611
We encourage you to read the text of the legislation yourselves. Our Airspace volunteers have pinpointed some alarming passages and have notified lawmakers of concern. You as a citizen, local government or environmental representative should contact your elected officials and discuss the issues outlined and how they could impact you and your constituency. HERE is the FAA's budget request for FAA including airspace redesign:
http://www.faa.gov/about/office_org/headquarters_offices/aba/budgets_brief/media/bib2007.pdf
HR 2881
FAA Reauthorization Act of 2007 CURRENT STATUS: |
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CON
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PRO
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No mention of ensuring adequate staffing levels at the Air traffic Control Towers prior to implementation phase | Phase out of noisy stage 2 aircraft over the next five years; |
Allows the airlines use of the parks as noise-mitigated routes via the "Air Tour Management program". As environmentalists, we cannot permit Passenger Airlines to govern the airspace over our shared forests, parks, conservancies and preserves without expert review, clearly defined benchmarking and other accountability measures. The text as it written seems to cover the absolute bare minimum of review or community involvement and even introduces caps to prevent review beyond initial reporting. | Pilot program for the development, maturing and certification of continuous lower energy, emissions and noise engine and airframe technology |
Makes it difficult, if not impossible to properly research, conduct scientific study, discuss and mitigate the actual risks and impacts of airspace changes after the Redesign implementation phase begins. (Internal implementation date begun 2007 ) |
Program to fund six projects at public-use airports to take promising environmental research concepts into the actual airport environment to demonstrate the reduction or mitigation of aviation impacts on noise, air quality or water quality in the airport environment. BUT WITH NO PROVISIONS FOR NOTIFYING SURROUNDING COMMUNIUTIES |
leaves the nations Parks, forest preserves and tribal lands particularly vulnerable (particularly more so now that the Mitigated Alternative routes of the airspace redesign include use of open land, parks and rural communities). | Air Traffic Controller contact |
Places the burden of responsibility for Emergency Management to the Airports instead of between the FAA and local governments and does not designate training programs for the increase in risk which may be associated. |
OurAirspace would like to see HR2881 amended with the The Dodd Lieberman Amendment will stop implementation of the current plan until lawsuits are resolved.
FAA FUNDING REAUTHORIZATION ACT
SEC. 219. AIRSPACE REDESIGN.
S 1300
Aviation Investment and Modernization Act of 2007 CURRENT STATUS:
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CON
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PRO |
Tribal land left vulnerable for takeover by airline interests by loophole in the Air Tour Management Program | furthers the Next Gen project which includes some elegant solutions to technological issues |
Needs Protective measures on benchmarking before implementation begins |
Other related pending Legislation
(a) Findings- Congress finds the following:
H.R. 3259
HR 3259: To amend the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to issue rules that designate no-fly zones in the vicinity of certain nuclear power plants, and for other purposes. CURRENT STATUS:
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CON
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PRO |
Makes no funds available to implement this no fly zone | Addresses potential National Security threat to New York City Area by allowing the department of Homeland Security to implement a 'No Fly zone' by highly populated areas. |
Difficult to logistically implement usefull no fly zone in the congested airspace. view riverkeeper.org for more information |
H.R. 2684
H.R. 2684: FAA Aviation Safety Research Assessment Act of 2007 CURRENT STATUS:
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CON
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PRO |
Funding level is set to $700,000 which may help to pass the bill yet may not be enough to accomplish all tasks | Addresses potential safety issues at the FAA with funding and timeline |
encourages intergovernmental feedback and support between NASA, FAA and promotes transparency in government. |
H.R. 2698
H.R. 2698: Federal Aviation Research and Development Reauthorization Act of 2007 CURRENT STATUS:
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CON
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PRO |
a research initiative to assess the impact of aviation on the climate and to evaluate approaches to mitigate such impact; | |
8,349,000 for aviation safety risk analysis vs. $102,000,000 for NextGen system development |
Vote to cut funding for this project in the House of representatives
Key Legislation being violated by the Airspace Redesign Project:
49 United States Code §40103(b)(2). That federal statute reads, in
relevant part:
“The Administrator [of the Federal Aviation Administration] shall prescribe
air traffic regulations on the flight of aircraft (including regulations on
safe altitudes) for -- ...(B) protecting individuals and property on the
ground”.
Watch the floor debates
Debate on Air Traffic Controller Issues
Debate on Air Traffic Controller Issues
Oberstar on Air traffic Controllers Employees Issues
Costello Amendment on Air Traffic Controllers Issues
LEGISLATION & ADVOCACY
Amendment in Congress
An amendment to the 2007 FAA reauthorization Act that would have cut off funding for the redesign in 2007 failed. the amendment was introduced by Rep. James Frelinghuysen of New Jersey Congressman John Hall of NY was a co-sponsor but it failed by a vote of 360-65.
How do your representatives vote?
This funding re-authorization bill leaves the nations Parks, forest preserves and Tribal Lands particularly vulnerable as written. It shifts the burden of responsibility for Emergency management to the Airports instead of to the FAA and local governments.
We cannot permit the Airlines to govern the airspace over our shared forests, parks, conservancies and preserves without expert review, clearly defined benchmarking and other defined accountability measures. The Department of Defense has implemented and adhered to stringent environmental rules and guidelines. If military aircraft are not permitted to disturb the ecology of our national parks, then Airline Industries should not take special exception to these rules in order to save a few moments of traveler time.
Currently the bill includes wording which can have a very detrimental effect on tribal lands, park lands and open spaces. It effectively allows the FAA to make sweeping changes with only one day review and no further process allowed. It is clearly crafted to reduce any public comment or interruption.
Our Airspace is gravely concerned with the bill to refinance the FAA project and are addressing key changes which must be made before it is passed.
..after such opportunity for public re- view and consultation, the voluntary agreement may be implemented without further adminis- trative or environmental process beyond that described in this subsection. |
OurAirspace
ourairspace.org
contact@OurAirspace.org