Aviation Law Prof Blog

EC Calls Out Italy, Cyprus and Greece for Non-compliance with Single European Sky

The European Commission has asked Italy, Cyprus and Greece for an account of their progress toward the establishment of Functional Airspace Blocks (FABs) as required by 2004 legislation designed to create a Single European Sky. The plan is intended to reduce congestion, costs and emissions while increasing efficiency by making air traffic control less fragmented between EU member states. The FABs were supposed to be in place by the end of 2012.

Latest on ICAO Emissions Negotiations

Reuters has a report out today describing the latest developments regarding ICAO's efforts to manage aviation emissions. The proposal currently under consideration appears to be a commitment to some form of global market-based-mechanism, the details of which would be drafted and finalized by 2016, and which would take effect beginning in 2020.

According to the report, there remains disagreement about the interim rules on emissions regulation. As has previously been reported, the EU would be permitted to keep its scheme, but only charge allowances to foreign carriers for the portions of flights over the collective territory of EU member states. The United States is reportedly objecting to plans that would exempt many developing countries from the obligation to comply with the EU regulations.

Delta/Virgin Atlantic Joint Venture Receives Antitrust Immunity

The United States Department of Transportation earlier this week issued its final order approving antitrust immunity for Delta Airlines and Virgin Atlantic Airways to engage in a joint venture on routes between North America and the United Kingdom. The agreement between the carriers will include codesharing, proration of fares, lounge access and frequent flier programs. The entire docket regarding this application for antitrust immunity can be found here.  

Ukraine Upgraded to Category 1

The FAA announced last week that a July review found the Ukraine's civil aviation authority to be compliant with ICAO's safety oversight standards and practices, earning the country an upgrade under the FAA's International Aviation Safety Assessment program. Ukraine, which had been classifed as Category 2 since 2005, has been granted Category 1 status. Ukraine does not currently offer service to the United States.

F.A.A. Expected to Revise Portable Electronic Device Policy

The New York Times reports that an F.A.A. aviation rulemaking committee is expected to formulate rule changes later this week that would allow passengers to use electronic devices such as e-readers and tablets during takeoff and landing. Restrictions are likely to remain in place on cell phone and Wi-Fi use. A brief explanation of the current policy can be found here.

 

 

Principato to Present Third Annual IALI/Chaddick Lecture

Greg Principato, past president of Airports Council International-North America, will present at the International Aviation Law Institute (IALI) and Chaddick Institute for Metropolitan Development's third annual lecture on October 21 at DePaul University. The title of his speech will be "Trouble on the Tarmac: Redirecting U.S. Aviation Policy to Promote Economic Growth."

Principato served eight years as president of Airports Council International-North America, before stepping down in June 2013. During his 30 plus-year career, he worked on a wide variety of aviation issues. His many achievements include serving as executive director of the 1993 National Airline Commission, helping negotiate a new air service agreement between the United States and Japan, working to develop a new global standard for aircraft noise, and helping negotiate an international airline alliance.

Each year, IALI and Chaddick invite an expert in national aviation policy and advocacy to discuss the role of commercial airports and their impact on U.S. cities and the national transportation network. Past presenters include Christa Fornarotto, the Federal Aviation Administration’s associate administrator for airports, and Professor John Kasarda, author of the book Aerotropolis: The Way We’ll Live Next.

Attendance is by invitation only. For more information, please contact IALI Executive Director Stephen B. Rudolph.

New Filings in US/AMR Merger Case

Late last week the Department of Justice filed an amended complaint against the proposed merger of US Airways and American Airlines. The two carriers have submitted their responses, which are available through the always excellent Airline Biz Blog at Dallas Morning News. Airline Biz Blog is also reporting that the two carriers are seeking to push back the original December 17 date by which they had planned to complete the merger. We'll have more detailed thoughts on the contents of these latest filings later in the week.

Russia, Kyrgyzstan Agree to Add Frequencies

According to ATW Online (subscription only), Russia and Kyrgyzstan are working on an amended bilateral air services agreement that would increase the number of weekly frequencies permitted on flights between Moscow and the Kyrgyz cities of Bishkek and Osh. The new agreement will also reportedly include additional rights for air cargo carriers. 

EU Likely to Limit ETS Scope

The reports coming out of yesterday's ICAO Council meeting have been far from conclusive about what to expect with regard to an emissions resolution at the upcoming Assembly session. The most significant development is that the EU has indicated it will amend regulation 101/2008 to only apply to emissions generated in the airspace of EU Member States. This concession is reportedly conditional on the Assembly committing to having a global emissions plan in place by the 2016 Assembly, but it is probably safe to assume that the change will happen. The Assembly will produce some kind of resolution, though the details appear to remain very much up in the air at this late date. The best indications are that there will be some kind of pledge to adopt a plan at the 2016 Assembly meeting that would go into effect in 2020, but the details of that plan will be left open for future discussion. The EU wants the Assembly to commit to a plan that includes marked based measures, while some in the industry are still holding out hope that ICAO representatives refrain from endorsing anything stronger than a scheme involving carbon offsets.

Conflicting Reports on Emissions Standoff Before ICAO Meetings

Bloomberg and Reuters published dueling stories yesterday on the status of emissions talks going into tomorrow's ICAO Council meeting and the triennial assembly later this month. The quotes within the two articles displayed varying levels of optimism regarding what ICAO will be able to accomplish. There were also indications that the EU is willing to permanently amend its emissions trading policies to apply only to Member States' airspace. Hopefully we will know more by the end of tomorrow.