Quote of the Week:  "We’ve worked hard to make jet engines quieter and to reduce the number of people affected by airport noise” Transportation Secretary Norman Minetta 
  


Aviation Conspiracy Newsletter #289.......................................September 12th, 2004 Past newsletters can be accessed at: http://pages.prodigy.net/rockaway/ACNewsmenu.htm  The PASSUR airport flight tracking system at http://www.passur.com/sites.htm (you must have Java installed to view it) Bill Mulcahy rockaway@prodigy.net 


FAA "Reduces" Aircraft Noise By Concentrating Impacts On Communities!!!


As Bill Sees It: (Editorial) Russian Plane Bombings Bringing More "Intimate" Searches Of  Air Passengers!!! The government and the airlines are really getting nervous after it was shown that "terrorists" blew two Russian planes out of the sky. As it only takes enough explosives the size of a cigarette pack to down a jumbo jet, we may soon see air passengers having to get completely nude for searches. This bodes ill for the airlines, several of which are either in or close to Chapter 11 bankruptcy. I feel sorry for anyone who is holding this polluting industry's stock. FAA's Illegal Policy: Reducing Noise Numbers By CONCENTRATING On  Poor And Minority Communities: I talked to FAA and U.S. Department of Transportation (DOT) people this week about the corrupt system they use to politically route planes. What they told me was very enlightening. What the FAA does is give over their legal mandate to protect Americans from unhealthy levels of noise, to local politically-controlled airports. This, of course, allows the wealthy and politically connected local communities to control the airport's routing policy, which the FAA then rubber stamps!!! This allows concentrated and discriminatory plane routing over the poor, minority and politically weak residential areas. This system works very well for the FAA (and the protected communities) except for the fact that IT IS ILLEGAL!!! It violates the rules and regulations that the FAA and Dept. of Transportation are "supposed" to be following to comply with various EPA and Presidential environmental justice orders. For example, the FAA's own rule (revised in June) on FAA policies and procedures for implementing the National Environmental Policy Act (NEPA) Order 1050.1E states that the "FAA must conduct analysis, including appropriate demographic analysis of the potential effects, to identify and address potential impacts on these (poor and minority) populations that may be disproportionately high and adverse." This sounds to me that concentrating impacts on one community, especially poor and minority, is not supposed to be the standard policy of the DOT or FAA. Where is the Inspector General? Is taking the FAA to court the only way to get them to comply with the law ? This is something they know that poor and minority communities don't have the resources to do. FAA's Eastern Region Hides Their Dirty Deeds From The Public!!! The last thing the FAA's Eastern Region, located at JFK Airport, wants is to talk to their victims. However, they must have a regional Public Affairs Office that you would think is "supposed" to assist  the public. However, on their web site they claim it is only for "media relations." It that is true, why don't they call it FAA Media Relations? Just another example of FAA duplicity. Contacting it is a real experience. The Eastern Region is responsible for the operation of airports in several states and is headed by Arlene Feldman (picture on left) the person I've identified as being most responsible for the unjust routing policies at JFK Airport and no doubt elsewhere.  The FAA Eastern Region's Nasty "Public" Affairs Office: This week I tried to get some information from the "public" affairs person at Feldman's Eastern Region office, Arlene Salac. I tried to use the Public Affair's office listed number, 718-553-3015 and the phone went dead before I talked to anyone. Using my Internet expertise, I found another number, 718-553-3011, and finally got Salac. She was not only not helpful, but she was really nasty (no doubt because I found her). Salac informed me she only dealt only with the press and if I wanted to know anything about routing I would have to talk to the Port Authority (the airport operator)!! I informed Salac that routing was the responsibility (as she well knows) of the FAA. I'm sorry to say I lost it when I encountered her nasty, evasive and unhelpful attitude. I finally hung up on this creature. I tried to contact the other Public Affairs person, Jim Peters,  and he hung up on me without letting me finish my question!!! These are a "public" servants? Apparently they want as little to do as possible with the public seeking information about the Eastern Region's discriminatory routing policies. This whole corrupt FAA Eastern Region, starting with Eastern Region Administrator, Arlene Feldman, should be cleaned out!!!  The FAA's Partner In Crime: The NY/NJ Port Authority: I was hoping that the recent conviction of Charles Kushner (pictured on left), former board member of the NY/NJ Port Authority (the JFK Airport operator) on eighteen criminal counts would have exposed more of the whole corrupt FAA/Port Authority relationship. The FBI got tipped off about this guy's activities when he was nominated by Gov. McGreevey (who has his own corruption problems) to become CHAIRMAN of the Port Authority. Unfortunately, the feds let him plead guilty without naming names. I guess they didn't want the corruption investigation to start exposing Kushner's Republican ties. After all, Kushner also needed  New York republican Governor Pataki's approval for the chairman job. Kushner is due to be sentenced to serve his time in Club Fed on November 29th.

Reno, Nevada: DOT Secretary Mineta Says He Is "Reducing The Numbers" Of People Affected By Aircraft Noise: About 230 Reno and Sparks homeowners near Reno/Tahoe International Airport will get more to protect them from aircraft noise through $7.9 million in grants from the U.S. Transportation Department. “We’ve worked hard to make jet engines quieter and to reduce the number of people affected by airport noise,” Transportation Secretary Norman Minetta said. The noise abatement grants this year include $4 million to insulate about 230 homes, $2 million to acquire land from willing homeowners in the path of aircraft, and $1.9 million to create a monitoring system to reduce noise. Editor's Note: I wonder who is getting this airport's noise concentrated on them to "reduce the numbers" for some wealthy, politically connected area? http://www.rgj.com/news/stories/html/2004/09/09/80093.php?sp1=rgj&sp2=News&sp3=Local+News&sp5=RGJ.com&sp6=news&sp7=local_news 

 How The FAA Uses The Boiled Frog Parable As A Guide To Increase Noise On "Selected" Communities: If you place a frog in a pot of boiling water, it will immediately try to scramble out. But if you place a frog in room temperature water, and don't scare him, he'll stay put and not move. Now, if the pot sits on a heat source, and if you gradually turn up the temperature, something very interesting happens. As the temperature rises from 70 to 80 degrees F., the frog will do nothing. In fact, he will show every sign of enjoying himself. As the temperature gradually increases, the frog will become groggier and groggier, until he is unable to climb out of the pot. Though there is nothing restraining him, the frog will sit there and boil. Why? Because the frog's internal apparatus for sensing threats to survival is geared to sudden changes in his environment, not to slow, gradual changes. Editor's Note: The FAA has learned never to make any changes in routing quickly as this generates a quick uproar from their intended victims.

FAA's Blakey Pushes O'Hare Expansion Plan: The head of the Federal Aviation Administration on Thursday urged approval of the O'Hare Airport expansion, saying it's the only long-term way to battle chronic flight delays. Marion Blakey's comments came at a congressional hearing in Washington, where she said, "There's little question the optimal solution to reduce O'Hare delays rests in additional capacity." The hearing, called by U.S. Rep. William Lipinski (D-Ill.), was intended to persuade federal aviation officials to speed up the process for approving the City of Chicago's O'Hare Modernization Program. O'Hare expansion opponents argue expansion is not worth the multibillion-dollar cost and negative environmental and safety effects on residents near the airport. http://www.suntimes.com/output/news/cst-nws-ohare10.html 

England: Night Flights Stirring Up The Brits: SUFFOLK'S skies have gone plane crazy - with hundreds of flights now criss-crossing the air above residents every day. But there has been absolutely no public consultation on the issue as the number of aircraft has grown year by year, and the situation is set to get worse with the government intent on increasing air traffic three-fold in the next 20 years. Campaigners say the increase has been done by stealth and the public have not been kept properly informed. Richard Dyer, Friends of the Earth's aviation campaigner said: “The increase in aircraft night noise that residents are experiencing is just the tip of the iceberg. “The Government's plans for massive airport expansion will increase noise exposure and make life a misery for thousands more people. “Increased pollution from more planes will also make it impossible for Britain to meet its targets to tackle dangerous climate change.”  Click here for story. 

Airlines Crash Diving!!!  WASHINGTON -- Several long-suffering airlines appear to have reached a breaking point, with fuel prices unrelentingly high, cash reserves dwindling and customers addicted to cheap fares. US Airways may file for bankruptcy court protection a second time and could be forced to liquidate, Delta is on the precipice of bankruptcy and United is battling an employee revolt as it aims to scrap its pension plans. The frantic restructuring under way at these carriers and others means more anguish for workers and shareholders, although fliers in most markets should continue to see an abundance of low fares. While not every carrier is guaranteed to survive, analysts say the imminent upheaval could augur a brighter long-term future for the industry. http://www.thedesertsun.com/news/stories2004/business/20040910214953.shtml 

Did Airbus "Manipulate" Test Numbers On Rudders? A highly-respected German news magazine reported this week that evidence exists that may prove that Airbus Industries, which is headquartered in Hamburg, “manipulated” the engineering test numbers relating to the rudders of its A300-600 aircraft, the same type of jet airliner that flew as American Airlines Flight 587, which crashed into Belle Harbor on November 12, 2001. http://www.rockawave.com/news/2004/0909/Front_Page/036.html  Editor's Note: you have to wait a week to read this story unless your a Wave subscriber.

Interesting Aircraft Noise Related Sites: 

http://biometnews.com/environment/noise_abatement.html 

 

 

The DOT (proposed) Noise Abatement Policy 2000: Check it out. Although the site is sometimes down.

http://aea.faa.gov/aea60/noise/noisepolicy2000.pdf 

History of Noise Airport Noise Abatement: Scott Skramstad Aviation Noise Program Specialist Metropolitan Airports Commission June 2002 http://www.macavsat.org/pdf_files/misc_reports/airport_noise.pdf 

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Important Aviation Information

FAA policies and procedures for implementing the National Environmental Policy Act Order 1050.1E

16.1 REQUIREMENTS.

16.1a. Environmental Justice. Executive Order 12898, Federal Actions to Address

Environmental Justice in Minority Populations and Low-Income Populations, and the

accompanying Presidential Memorandum, and Order DOT 5610.2, Environmental Justice,

require FAA to provide for meaningful public involvement by minority and low-income

populations and analysis, including demographic analysis, that identifies and addresses potential

impacts on these populations that may be disproportionately high and adverse. Included in this

process is the disclosure of the effects on subsistence patterns of consumption of fish, vegetation,

or wildlife, and effective public participation and access to this information. The Presidential

Memorandum that accompanied E.O. 12898, as well as the CEQ and EPA Guidance, encourage

consideration of environmental justice impacts in EA’s, especially to determine whether a

disproportionately high and adverse impact may occur. Environmental Justice is examined

during evaluation of other impact categories, such as noise, air quality, water, hazardous

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materials, and cultural resources. When performing analyses of environmental justice impacts,

NEPA practitioners should be aware that the Department of Health and Human Services (HHS)

poverty guidelines specified for use by DOT Order 5610.2, and the Census Bureau’s poverty

threshold specified for use in the CEQ and EPA environmental justice guidance, differ slightly

(e.g., $12,100 and $12,674, respectively, for a family of four in 1989). An analysis of the effects

on environmental justice will generally require the use of census data for establishing the

demographic and socioeconomic baseline. Use of the Census Bureau’s poverty threshold is

consistent with the best available demographic data and is appropriate for use in environmental

justice impact analysis for NEPA purposes. However, the HHS poverty guideline, which is

updated every year on a nation-wide basis, may also be applicable in situations where, for

example, survey data is available to identify pockets of poverty within census tracts or sectors.

The responsible FAA official may choose to use whichever poverty value is deemed the most

appropriate.

16.1b. Children’s Environmental Health and Safety Risks. Pursuant to Executive Order

13045, Protection of Children from Environmental Health Risks and Safety Risks, Federal

agencies are directed, as appropriate and consistent with the agency’s mission, to make it a high

priority to identify and assess environmental health risks and safety risks that may

disproportionately affect children. Agencies are encouraged to participate in implementation of

the Order by ensuring that their policies, programs, activities, and standards address

disproportionate risks to children that result from environmental health risks or safety risks.

16.1c. Socioeconomic Impacts. If acquisition of real property or displacement of persons is

involved, 49 CFR part 24 (implementing the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of l970), as amended must be met for Federal projects and projects

involving Federal funding. Otherwise, the FAA, to the fullest extent possible, observes all local

and State laws, regulations, and ordinances concerning zoning, transportation, economic

development, housing, etc. when planning, assessing, or implementing the proposed action.

(This requirement does not cover local zoning laws, set-back ordinances, and building codes

because the Federal government is exempt from them.)

16.1d. Permits/Certificates. Not Applicable.

16.2 FAA RESPONSIBILITIES.

16.2a. Environmental Justice. The Presidential Memorandum that accompanied Executive

Order 12898 encourages the consideration of environmental justice impacts in EA's, especially to

determine whether a disproportionately high and adverse impact may occur. Although such an

analysis is not required in an EA, it may be helpful in determining whether there is a potentially

significant impact. To implement Executive Order 12898, the accompanying Presidential

Memorandum, and Order DOT 5610.2, where there is a potentially significant impact as part of

its EIS process, the FAA must provide for meaningful public involvement by minority and low income

populations. Additionally, FAA must conduct analysis, including appropriate

demographic analysis of the potential effects, to identify and address potential impacts on these

populations that may be disproportionately high and adverse. It should then disclose this

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information to potentially affected populations for proposed actions that are likely to have a

substantial effect and for CERCLA sites. The responsible FAA official should follow the

procedures outlined in Order DOT 5610.2 for analyzing the potential impacts, offsetting benefits,

potential alternatives, and substantial need. Additional guidance may be obtained from the CEQ

publication, "Environmental Justice: Guidance Under the National Environmental Policy Act."

When FAA determines that a project has significant effects pursuant to NEPA, the potential for

disproportionately high and adverse effects pursuant to environmental justice must be analyzed.

FAA must ensure that its NEPA process provides public involvement opportunities for

disproportionately affected low income and minority populations to comply with Executive

Order 12898 and DOT Order 6510.2.

(1) EIS's should discuss the significant impact that a project would cause, then identify

affected populations. If an impact would affect low income or minority populations at a

disproportionately higher level than it would other population segments, an environmental justice

issue is likely. In such cases, the EIS should:

(A) include demographic information about the affected populations;

(B) include information about the population(s) that have an established use for the

significantly affected resource, or to whom that resource is important (i.e., subsistence fishing);

(C) provide results of analysis to determine if a low income or minority population

using that resource sustains more of the impact than any other population segments;

(D) identify disproportionately affected low income and minority populations;

(E) discuss alternatives that would reduce the effect on those populations; and

(F) describe possible mitigation to reduce the effect on the disproportionately affected

low income and minority populations.

(2) In cases where FAA finds a significant impact, but determines that mitigation would

reduce that impact below the applicable significance threshold, the EA should describe how

mitigation would reduce the impact to less than significant and verify that the project would not

result in disproportionately high and adverse affects on low income and minority populations.

16.2b. Children’s Environmental Health and Safety Risks. FAA is encouraged to identify

and assess environmental health risks and safety risks that the agency has reason to believe could

disproportionately affect children. Environmental health risks and safety risks include risks to

health or to safety that are attributable to products or substances that a child is likely to come in

contact with or ingest, such as air, food, drinking water, recreational waters, soil, or products they

might use or be exposed to. The Task Force on Environmental Health Risks and Safety Risks to

Children created by the Order may develop guidance and recommendations useful for evaluating

actions with the potential to disproportionately affect children.

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16.2c. Socioeconomic Impacts. The responsible FAA official consults with local

transportation, housing and economic development, relocation and social agency officials, and

community groups regarding the social impacts of the proposed action. The principal social

impacts to be considered are those associated with relocation or other community disruption,

transportation, planned development, and employment. The environmental document provides

estimates of the numbers and characteristics of individuals and families to be displaced, the

impact on the neighborhood and housing to which relocation is likely to take place, and an

indication of the ability of that neighborhood to provide adequate relocation housing for the

families to be displaced. The environmental document includes a description of special

relocation advisory services to be provided, if any, for the elderly, handicapped, or illiterate

regarding interpretation of benefits or other assistance available.

16.3 SIGNIFICANT IMPACT THRESHOLDS.

16.3a. Environmental Justice. Disproportionately high and adverse human health or

environmental effects on minority and low-income populations may represent a significant

impact.

16.3b. Children’s Environmental Health and Safety Risks. Disproportionate health and

safety risks to children may represent a significant impact.

16.3c. Socioeconomic Impacts. Factors to be considered in determining impact in this

category include, but are not limited to, the following:

(1) Extensive relocation of residents is required, but sufficient replacement housing is

unavailable.

(2) Extensive relocation of community businesses, that would create severe economic

hardship for the affected communities.

(3) Disruptions of local traffic patterns that substantially reduce the levels of service of

the roads serving the airport and its surrounding communities.

(4) A substantial loss in community tax base.

16.4 ANALYSIS OF SIGNIFICANT IMPACTS.

16.4a. This analysis is triggered when the potential for significant impact exists, because of

extensive relocation impacts, fragmentation of neighborhoods and communities,

disproportionately high adverse impacts on minority or low income communities,

disproportionate health and safety risks to children, or other significant community disruption. In

these cases, additional analysis is needed to describe the degree of impact and to identify

mitigation or alternatives that could minimize such adverse effects.

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16.4b. If an insufficient supply of generally available relocation housing is indicated, a

thorough analysis of efforts made to remedy the problem will be reflected in the EIS including, if

necessary, provision for housing of last resort as authorized by section 206(a) of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act. If business relocation would

cause appreciable economic hardship on the community, if significant changes in employment

would result directly from the action, or if community disruption is considered substantial, the

EIS will include a detailed explanation of the effects and the reasons why significant impacts

cannot be avoided.

16.4c. When the EA indicates substantial induced or secondary effects directly attributable to

the proposal, a detailed analysis of such effects will be included in the EIS. As pertinent and to

the extent known or reasonably foreseeable, such factors as effects on regional growth and

development patterns, and spin-off jobs created will be described.

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 Copies of this policy are available on the websites of the FAA’s Office of

Airport Planning and Programming, Community and Environmental Needs Division, APP-600

(http://www.faa.gov/arp/600home.cfm), or the Office of Environment and Energy

(http://www.aee.faa.gov).