On February 17, 2011, the U.S. Senate passed its version of FAA Reauthorization in S. 223, the FAA Air Transportation Modernization and Safety Improvement Act.  S. 223 would reauthorize FAA programs for another two years, at a cost of $34.5 billion. The bill concerns the Airport Improvement Program, Passenger Facility Charges, NextGen, consumer protection, safety, and research.

The Federal Railroad Administration (FRA) published a Notice in the Federal Register instituting a proceeding to revise its existing regulations governing safety standards for passenger and freight locomotives.  The agency proposes to amend portions of parts 229 and 238 of Title 49 of the Code of Federal Regulations in order to update, consolidate, and clarify the existing regulations in light of existing industry and engineering best practices relating to locomotives and locomotive electronics.  The FRA has not scheduled a public hearing in this proceeding, but has indicated that requests for a public hearing must be submitted no later than February 11, 2011.  Written comments on the Proposed Rule are due not later than March 14, 2011.  Procedures for submitting public hearing requests and written comments are contained in FRA’s Notice. 

Firm partners Sarah Rockwell and Lori Potter have both been listed in the “Top 25 Women Lawyers” list for Colorado Super Lawyers 2011.  The Top 25 Women list appears in Colorado Super Lawyers 2011 magazine, which is a section of the Super Lawyers special section of 5280 magazine.

On December 30, 2010, the FAA issued a Record of Decision (“ROD”) approving a major capital development project at Philadelphia International Airport, operated by the City of Philadelphia.  The project will include the extension of two runways, construction of a new 9,100 foot runway, terminal expansion, construction of an automated people mover, increased parking, improved runway lighting and navigational aids, relocation of the air traffic control tower, and other improvements.  These projects will take over a decade to complete and will significantly reduce flight delays at the Airport.

On November 4, 2010, the FAA published a notice that it has accepted the Airglades Airport into the Airport Privatization Pilot Program.  Airglades Airport is a small general aviation airport near the town of Clewiston, Florida that is owned and operated by Firm client Hendry County.  In 1996, Congress created the Airport Privatization Pilot Program to permit the privatization of no more than five airports upon the satisfaction of certain conditions.  Other airports currently participating in the Airport Privatization Pilot Program include Chicago Midway (IL), Briscoe Field (GA), and San Juan Luis Muñoz MarÍn (PR).

On November 2, 2010, the U.S. Court of Appeals for the D.C. Circuit affirmed an FAA decision supporting Firm client Westchester County’s treatment of fixed-base operators (FBOs) at the Westchester County Airport in New York.  County policy and FBO leases distinguished between FBOs primarily serving large, corporate aircraft and FBOs serving light general aviation aircraft.  In the first case to consider the issue, the FAA concluded—and the court affirmed—that the County’s policy and treatment of FBOs was entirely consistent with the Grant Assurances and related federal obligations.

Sarah M. Rockwell has been named as Denver’s “Land Use & Zoning Lawyer of the Year” for 2011 by the Best Lawyers^® organization.  Best Lawyers^® designates “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is honored as the “Lawyer of the Year.” 

Best Lawyers^® compiles its lists of outstanding attorneys by conducting peer-review surveys in which thousands of lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America^® (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.  Further information is available at www.bestlawyers.com.

On October 26, 2010, the Department of Transportation (DOT) authorized 19 grants, totaling nearly $7 million, under the Small Community Air Service Development Program.  The Program was established in 2002 and provides funds for smaller communities to enhance air service and address high airfares.  DOT received 74 applications from communities in 35 states.  The grants awarded are to be used primarily for airline revenue guarantees and marketing.  

A three judge panel of the U.S. Court of Appeals for the Seventh Circuit issued its decision in Herzog Transit Industries, Inc. v. U.S. Railroad Retirement Board.  With one judge dissenting, the court held that Herzog, a private third-party contractor providing a variety of services related to the commuter rail operations of a public agency, was a “covered employer” as to its railroad dispatching employees under the Railroad Retirement Act and Railroad Unemployment Insurance Act.  Herzog and the transit agency had argued that Herzog was not a “covered employer” under those two acts because it is not providing transportation that is subject to the jurisdiction of the Surface Transportation Board.  The court disagreed.  This decision has a potentially significant impact on public commuter rail operators who provide service by means of contract operators.

Kaplan Kirsch & Rockwell client, Clark County, Nevada, recently decided to slow down its planning for development of a second commercial airport to serve the rapidly growing Las Vegas region.  Clark County Department of Aviation Planning Manager Teresa Motleywrote an article for the Nevada Planner magazine that explains the challenges that Clark County faced in deciding how to proceed with planning for a major new international airport in light of unprecedented economic uncertainty.