Here We Go Again – Another Airspace Redesign for the East Coast

As if seven years of wrangling were not enough, the Federal Aviation Administration (FAA) is now proposing changes to the current airspace utilization at Kennedy and Philadelphia International Airports. From 2002 to 2009, governmental and private entities from Connecticut to Pennsylvania, including the State of Connecticut, various local jurisdictions in New York State, environmental organizations in New Jersey, and the County of Delaware, Pennsylvania negotiated with, and ultimately challenged, a comprehensive redesign of the airspace affecting approaches and departures to every airport in the North Eastern United States. Of greatest concern, were new flight paths over dense populations and numerous parks and nature preserves without even a cursory nod to required noise or air quality analysis. After much contention, FAA got its way. Apparently, however, the East Coast Airspace Redesign didn't quite work out, because FAA is at it again. First, ostensibly because of persistent delays at Newark, JFK and LaGuardia that were supposed to have been remedied by the panacea of the East Coast Airspace Redesign, hundreds of additional flights will be rerouted from JFK over residential areas in Northern and Central New Jersey. To add insult to injury, the changes will be made through an FAA rulemaking process, and not through the formal processes that characterized the first round of redesigns. Similarly, the FAA is proposing a modification of the Class B airspace surrounding Philadelphia International Airport that will expand areas impacted by overflight to an even greater extent than did the East Coast Airspace Redesign. In short, those who are looking down the barrel of these changes should take the opportunity to comment on FAA's proposals, not only to foster dialogue with FAA concerning the ongoing, increasing and apparently inadequately studied procedures and their impacts, but also to exhaust administrative remedies for a legal challenge should FAA continue to "gild the lily" of the East Coast Airspace Redesign with additional enhancements, to the detriment of already impacted residents and businesses on the ground.

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