On December 21, 2009, the Department of Transportation issued final rules prescribing air carrier responsibilities in the event of lengthy tarmac delay.  The rules will require U.S. air carriers operating aircraft designed for thirty or more seats to develop and implement contingency plans to address extended delay.  Air carriers generally will have to deplane passengers after three hours and provide food and water after two hours.  The rules also require air carriers to develop and publish customer service plans.

Kaplan Kirsch & Rockwell attorneys Steve Kaplan and Lori Potter are highlighted in this article about the Firm’s complex and varied land use practice.

On November 16, 2009, the City of Chicago and Village of Bensenville announced the settlement of litigation over the planned expansion of Chicago O’Hare International Airport.  Under the agreement, Chicago will pay Bensenville $16 million to acquire Village property, will implement a demolition protocol for homes within the Village, and will commit approximately $20 million for sound insulation of schools and homes impacted by airport expansion.  In exchange, Bensenville will dismiss its acquisition- and demolition-related litigation against Chicago.  The settlement thus eliminates one obstacle to the ambitious O’Hare Modernization Plan.

On November 2, 2009, the FAA released its decision rejecting the Burbank-Glendale-Pasadena Airport Authority’s application for a mandatory nighttime curfew at the Bob Hope Airport.  The Authority’s application was the first formal request for a curfew under the Airport Noise and Capacity Act of 1990 (ANCA).  The FAA found that the application failed to satisfy four of six conditions imposed by Congress in ANCA.  Immediately following FAA’s release of the decision, Representative Brad Sherman (D-Sherman Oaks) proposed that Congress enact legislation that would authorize a curfew at the airport.

Amtrak’s Strategic Guidance governs planned service improvements and expansion, including six broad goals to be safer, greener, and healthier and to improve financial performance, customer service, and meet national needs.  The Strategic Plan also creates key performance indicators to measure progress toward the stated goals.  In concert with the Strategic Plan, the Five Year Financial Plan for FY 2010 – FY 2014 provides detailed financial projections for Amtrak’s revenue, operating costs, capital programs, and debt service obligations.  Among the specific plans to be accomplished by the end of FY 2014 are to increase ridership by 15 percent, grow ticket revenue by 20 percent, expand service on eight existing state-supported corridors, form two new state partnerships, and improve reliability of service across the railroad.

On October 15, 2009, the Federal Railroad Administration (FRA) issued its Preliminary National Rail Plan (the Preliminary Plan) that sets out general principles and parameters to guide the development of policies to improve the nation’s rail transportation system.  The Preliminary Plan was mandated by the Passenger Rail Investment and Improvement Act of 2008 and is intended to deploy rail’s attributes to improve safety, foster livable communities, increase the economic competitiveness of the U.S., and promote sustainable transportation as part of a first-ever National Rail Plan.  The Preliminary Plan reflects the introduction of high-speed rail as a significant component of the nation’s rail transportation system and aims to increase the integration of all transportation modes.  The Preliminary Plan identifies issues to be considered in formulating a National Rail Plan, rather than setting out prescriptive approaches and emphasizes that State rail plans are expected to play a large role in identifying issues and priorities.

On September 30, 2009, the FAA issued Order 5190.6B, Airport Compliance Manual.  The Order cancels Order 5190.6A, which had been in effect since 1989.  The Order sets forth the FAA’s policies and procedures concerning airport sponsor compliance with Grant Assurances, deed restrictions, and statutory obligations concerning the treatment of airport users and tenants.  While binding only on FAA personnel, the Order is an extremely important document for airport sponsors, users, and tenants because it contains the FAA’s position on key topics such as the lease of airport property, aircraft operating restrictions, and airport rates and charges.  While the Order is final and operative, the FAA has indicated its intent to solicit comments and to consider possible revisions to the Order in response to comments.

On September 18, 2009, the FAA Associate Administrator affirmed in all respects the Director’s Determination dismissing a complaint filed pursuant to FAR Part 16 against Firm client, the County of Westchester, New York.  In the Final Order, the FAA concludes that the County’s policy of distinguishing between larger FBOs and light general aviation FBOs at the Westchester County Airport does not result in unjust discrimination or grant an exclusive right.  The Final Order contains an extensive treatment of the standard of review applied in Part 16 appeals and the standards for exclusive rights.

On September 14, 2009, the U.S. Court of Appeals for the Third Circuit affirmed DOT’s determination that a “privilege fee” imposed by Tinicum Township (PA) for the use of Philadelphia International Airport violated the Anti-Head Tax Act.  Tinicum Township does not operate the Airport; however, portions of the Airport are located within the Township.  Both DOT and the Court of Appeals considered the proper interpretation of the Anti-Head Tax Act, both before and after recodification in 1994.  The court concluded that the Anti-Head Tax Act unambiguously prohibited the privilege fee.