Tuesday, December 27, 2011

12-27-11

Airport Plan Report Moves Forward

FlyersRights Voices Support for STRIP Act

Year-end Gift to Flyers Rights Education Fund

What Kate's Saying

Airline Contingency Plan Research Moves Forward

When Kate served on the Department of Transportation's (DOT) Tarmac TaskDOT LogoForce in 2008, she was skeptical of the Airport Council International-North America (ACI-NA) position that no DOT rules were needed requiring airports to have tarmac delay contingency plans. ACI-NA assured the task force that airports already had such plans.

The many long tarmac delays caused by the weather disaster now known as "Snowtober," particularly at Connecticut's Bradley Field, were not entirely, or even primarily, the airlines' fault. Instead, the strandings illustrated the lack of preparedness of some of our nation's airports and widespread failures of communication, cooperation, and collaboration between the many agencies involved in our nation's complex air travel system.

To determine the validity of that observation, FlyersRights.org member Peter Green spearheaded a research project on tarmac delay contingency planning at the nation's hub airports. He sent Freedom of Information Act (FOIA) requests to 65 large- and medium-hub airports and to over 100 small- and non-hub airports. We announced a December 30 release date.

Receipt of this data has been delayed by longer than expected response times from some airports, necessitating revision of the release date. We want to give the airports every opportunity to respond to our Freedom of Information requests, so we're expanding the window of opportunity. We are very grateful to those airports that have already provided information, and look forward to presenting an illuminating look at the state of our airports' tarmac delay contingency planning.

Our target release date is now January 16, 2012. Please make a tax-deductibledonation to the Flyers Rights Education Fund now, so that Kate can take the results of our airport survey to Secretary of Transportation Ray LaHood personally. Our limited resources make that trip otherwise impossible.


FlyersRights Voices Support for STRIP Act

Recent news stories, from this month's humiliation of Lenore Zimmerman at JFKto last week's TSA confiscation of a cupcake at Las Vegas' McCarran AirporthaveTSA Funny Logo caused many of our members to express concern about airport check-in procedures. These incidents demonstrate, in our view, failures of leadership, insufficient guidance, and inadequate training. Our members' attitude reflects the perception that virtually unlimited power is being granted to these agents who frequently have neither the skills nor the resources to exercise that power wisely.

The recent rash of publicized TSA excesses has caused Tennessee Congresswoman Marsha Blackburn to say "Enough!" She has introduced H.R. 3608, the Stop TSA's Reach In Policy (STRIP) Act. The bill would prohibit any TSA employee not trained as a federal law enforcement officer or eligible for federal law enforcement benefits from wearing law enforcement uniforms or wearing a police-like metal badge.

"It is outrageous that in a post 9/11 world that the American people should have to live in fear of those whose job it is to keep us safe," Blackburn said. "Congress has sat idly by as the TSA strip searches 85 year old grandmothers in New York, pats down 3 year olds in Chattanooga, and checks colostomy bags for explosives in Orlando. Enough is enough! The least we can do is end this impersonation which is an insult to real cops."

Congresswoman Blackburn's office contacted Kate to ask for our support. FlyersRights strongly supports Congresswoman Blackburn's bill. While we understand that most TSA personnel diligently work at their tasks, we agree with Congresswoman Buchanan's assertion that "It is outrageous that in a post 9/11 world that the American people should have to live in fear of those whose job it is to keep us safe." Moreover, we agree that the uniforms and badges worn by TSA gate personnel imply a degree of training and expertise that is not supported by current TSA training.

FlyersRights.org believes that TSA personnel should not be called TSA Officers until they are thoroughly trained in law enforcement procedures and the appropriate exercise of law enforcement powers.

Make a Year-end Gift to Flyers Rights Education Fund

You still have a few more days to take advantage of the matching gift challenge from FREF LogoBoard Member Paul Hudson and friends of Ralph Nader. The coalition Paul put together will match your donation to the Flyers Rights Education Fund, dollar for dollar, through the end of the year

.

If you've given recently, please accept our thanks. For those of you who haven't, perhaps you're looking for one more tax-deductible donation for 2011. Please consider our education and services arm, the Flyers Rights Education Fund, and help us carry our message forward.

Please donate now, and help Kate get to Washington to meet with Secretary LaHood.

Thank you!

What Kate's Saying

FOX Business Willis Report

Kate Hanni talks TSA on The Willis Report
Kate Hanni talks TSA on The Willis Report

MSNBC News

http://overheadbin.msnbc.msn.com/_news/2011/12/22/9639439-tsa-unveils-helpline-for-fliers-with-disabilities-medical-conditions


Follow us on Facebook and Twitter.

"The War Is Not Over"

Donate Button

Donate to the Flyers Rights Education Fund (tax-deductible!)

www.flyersrights.org
Hotline: (877) 359-3776

Tuesday, December 20, 2011

Happy Holidays! 12-20-11

From Kate and the FlyersRights Board and Volunteers, with thanks.
Christmas 2011 Graphic

Follow us on Facebook and Twitter.

"The War Is Not Over"

Donate Button

Donate to the Flyers Rights Education Fund (tax-deductible!)

www.flyersrights.org
Hotline: (877) 359-3776

Tuesday, December 13, 2011

12-13-11

Airline Merger Scrambles Travel Plans

Passengers Sue Delta, Claiming Lies

Flight Cancellations Decline

Want to be a FlyersRights Spokesperson?

Flyers Rights Education Fund

What Kate's Saying

United/Continental Merger Scrambles Travel Plans

FlyersRights member Scott Bechtel and his family planned a trip to Florida eightContinental Airlinesmonths in advance. Scott reserved four seats for his party as a pair of two-ticket records, which included his wife and parents, on Continental Airlines. He did everything right, and received confirmation for the two sets of tickets and for two pairs of seats across the aisle from each other.

Perfect. The flights were set, and the younger Bechtels would be across the aisle from Scott's elderly parents.

Then came United Airlines' takeover of Continental. A seasoned traveler, ScottUAL Logoknew that United might move his seats as they converted the Continental flights to their Economy Plus business model, and he doubted that United would inform him of the change before his family reached the check-in counter.

He was right. Checking his seat assignments once a month, he discovered that the seat assignments had changed-the family was scatter all over the aircraft, with no two seats together. Scott then noticed that United had voided both reservation records and created new records. Not only that, they refused to even allow Scott to view the record until he entered into a binding, non-refundable agreement to accept the new reservations.

Luckily, Scott caught the changes early, and was able to fix the seating arrangements-as he says, "for now." The lesson we should all learn here is that we all need to be our own advocates. Purchase far in advance of travel doesn't guarantee a problem-free trip, so it is important to check the trip's status often and take immediate action to deal with any problems that arise.

Passengers Sue Delta, Claiming Lies

According to the Courthouse News Service, a group of airline passengers has filed a class action suit against Delta Airlines, charging the airline with breach of its own contract of carriage.

Delta Airlines"This is a case of breach of contract," the complaint states. "Delta Air Lines has a contract with all its passengers to reimburse them up to $3,300 for expenses if their bags are delayed. Delta ignores the contract and often tells passengers they are only entitled to $25.00 to $50.00 in daily expenses. At no point does Delta tell passengers of their rights to up to $3,300.00 in reimbursement. Passengers are left in the dark when their bags are delayed. Passengers want Delta to abide by its contract."

Lead plaintiff Susan Miller says "Delta is contractually responsible for reimbursing consumers for any direct or consequential damages resulting from Delta's own misconduct," including the cost of medication, warm clothing or other essential items in the lost or delayed baggage. "Under the contract, if passengers need warm clothes or medications, etc., they are entitled to buy those and be reimbursed by Delta, not be told that there is a limit for expenses of $25.00 a day."

FlyersRights agrees. Contracts of carriage, though often presented in mouse-print and always packed with legal-ese, define the airlines' responsibility to us. They will never hesitate to quote their contract to avoid redressing wrongs to passengers, and we should never hesitate to quote those documents to demand that redress.

Flight Cancellations Decline

Despite the continuing predictions of pending doom from the airlines and a flawed Government Accountability Office study that claimed our Three-Hour Tarmac Rule was "probably" the cause of this year's higher cancellation rate in comparison with that of 2010, cheapflights.com reports that "FlightStats says North American cancellations were down measurably for the second straight month."

November's results continue a trend begun in October, when FlightStats reportsthat flight cancellations were down as compared to September.

FlyersRights applauds the airlines' recent performance numbers. Could it be that the Rule has caused the airlines to better manage their schedules?

Flyers Rights Education Fund

Board member Paul Hudson leads a coalition with Ralph Nader and some ofFREF LogoRalph's friends, matching, dollar for dollar, your contributions to the Flyers Rights Education Fund, our education and service arm. Your contributions are tax-deductible, and this is a great opportunity to really make your dollars count.

In the holiday spirit, please give what your can to Flyers Rights Education Fundand help us increase our airline passenger education and services effort for the coming year.

Want to be a FlyersRights Spokesperson?

Kate will be out of touch for a few days next week, so we need a stand-in. If you would be comfortable with a commitment that could mean only a moment's notice, and appear in our behalf, and you feel that you know a lot about our organization, please let Kate know, kate@flyersrights.org.

Candidates should be well versed in FlyersRights.org positions and willing to follow our FlyersRights.org guidelines for media spokespeople which Kate will provide upon request.

What Kate's Saying

Marketwatch

When Will TSA Stop the Madness

aero-news.net

FlyersRightsorg To Issue Airport Readiness Study | AeroNews Network

Sacramento Bee

When Will TSA Stop the Madness

MSNBC News


Follow us on Facebook and Twitter.

"The War Is Not Over"

Donate Button

Donate to the Flyers Rights Education Fund (tax-deductible!)

www.flyersrights.org
Hotline: (877) 359-3776

Tuesday, December 6, 2011

12-6-11

FlyersRights at FAA Diversion Forum

What American Airlines' Bankruptcy Means to You

House Wants TSA to Treat Troops Better

What Kate's Saying

FlyersRights Attends FAA Diversion Forum

In the wake of the Snowtober Stranding disaster, the Department of Transportation Sec. LaHood at FAA Diversion Forum(DOT) saw, as we did, that the root cause of the many extended tarmac strandings was lack of preparedness and coordination among the many players in our complex air transport system. To address that issue, the DOT co-hosted a half-day forum with their Federal Aviation Administration (FAA), inviting members of the aviation community, including FlyersRights. The invitation describes the forum goal as "to identify a number of steps that the aviation community can take to improve coordination and decision making, and, ultimately, travel for consumers, during the winter season before us."

To underscore the importance of the forum, DOT Secretary Ray LaHood and FAAFAA Admin Babbitt at FAA ForumAdministrator Randy Babbitt were keynote speakers for the event.

The forum gave us an opportunity to introduce FlyersRights member Peter Green's in-progress research project, discovering which of some 65 hub airports have tarmac delay contingency plans. Peter's approach is to simply ask the airports, under the Freedom of Information Act (FOIA), to provide their plans. He has received replies from about half the airports, and a trend has emerged.

To date, only about half of those responding have any sort of contingency plan, even stretching the definition to include any "Irregular Operations Plan." Of those, many appear to be of little value. For example, one airport's plan boils down to "Call the airport manager." We hope to have full results before the end of the year.

Armed with Peter's research data, FlyersRights member Lee Wallace attended the forum on our behalf. After the opening session, he attended the Airport Operations breakout session-other sessions addressed Airline Operations and Customer Experience.

The Airport Operations panel was chaired by Kate Lang, FAA Deputy Associate Administrator for Airports, who led a panel that included representatives of several airports, airline executives, the FAA, and TSA. Lee found the session very informative, with one exception. Here's Lee's account:

I stood up during the Q&A session and noted that FLYERSRIGHTS.org was currently undertaking a study on airport contingency planning and that our preliminary results indicated less than 50% of airports had such a plan in place. This seemed to surprise many of the panelists and started a lively discussion.

When the breakout sessions ended and the close-out discussion began, Transportation Secretary LaHood opened the floor for questions. I went to the microphone and again outlined the preliminary results of our study and asked how we could effectively manage the perception at some airports that contingency planning was the responsibility of the airlines and not the airports.

At that point, Deborah McElroy, the Executive Vice President of Policy and External Affairs for Airports Council International North America [ACI-NA], challenged the findings in our study. She insisted that their internal surveys indicated that 84% of all airports have contingency plans in place. I spoke with Ms. McElroy after the session and told her that FlyersRights would be happy to share our data gathering methods and results with her organization, but that we stood behind our findings and that the formal report would be published in December.

Forum recommendations included the following:

  • Airport Information Web Page-to facilitate information exchange between airport operations and the aviation community during severe weather conditions. Attendees generally agreed on the value of the idea, but cautioned that it is not a comprehensive solution. Thoughtful page development, rather than immediate page development, was cautioned.
  • Strategic Planning Teleconferences-increase situational awareness through FAA-sponsored conference calls, including smaller airports, to exchange information on diverting flights.
  • Identification of Diverting Flights-create special data tags for diverted flights on air traffic controller screens. Forum participants did not generally believe this would be useful to airlines, airports, or air traffic controllers.
  • Better coordination of FAA equipment outages.
  • Improving airport contingency plans. NOTE: DOT rules require airlines to have tarmac delay contingency plans, but do not require airport plans for the same contingency.

Airports avoided the tarmac delay contingency plan requirement during the DOT's 2008 Tarmac Task Force, of which Kate was a member, because ACI-NA representative Deborah McElroy-the same Ms. McElroy who challenged Lee--assured the task force that regulation was unnecessary because all airports had contingency plans. Peter Green's research project will determine the validity of that statement, and we will share the results with Secretary LaHood and FAA Administrator Babbitt. Remember, ACI-NA is a lobbying force for the airports, and so promotes their vested interest in escaping regulation.

What American Airlines' Bankruptcy Means to You

American Airlines' November 29th bankruptcy under Chapter 11 generated greatAA Logouncertainty in the flying public. American Airlines sent amessage to their AAdvantage Club members, assuring them that their accumulated miles were safe, saying "You will continue to earn miles through all our existing AAdvantage participating companies and you will be able to redeem those miles for the same great awards."

Company assurances notwithstanding, we sent out a press release, offering these observations:

  • There is risk that your ticket will not be honored by AA should their restructuring fail.
  • If you have frequent flyer miles, book your trip now, preferably on a code-share partner of AA that is not at risk of bankruptcy.
  • Ticket holders are unsecured creditors, last on the list of creditors, so if AA shuts their doors there will be little to NO relief for affected ticket holders.
  • Reciprocity rules, under which airlines were required to honor other airlines' tickets in cases such as this, expired in 2007. Ticket holders will be left holding the bag if AA does fall.
  • Some airlines may have insurance to guard against passenger loss in this situation, but we don't know if American Airlines has insurance that would cover the kind of volume that AA would have to cover if they fail entirely.
  • American Airlines' refusal to take bailouts was admirable. They wanted complete management control with no government intervention, but it appears that need for control was fatal.
  • It appears that they filed bankruptcy because of high labor costs and extremely large management bonuses. FlyersRights hopes that other air carriers will take note.

Media commentary on the action has been fairly low key. All point out that Chapter 11 is a vehicle that allows companies to restructure debt and renegotiate labor costs. Many noted that unprofitable route segments are likely casualties, and Fox News warned that "bankruptcy proceedings may bring some humbug behavior from AA's staff in what is already predicted to be a hectic holiday travel season."

Should you encounter problems with AA flights, call our Hotline at 877-359-6776. We're here to help.

House Wants TSA to Treat Troops Better

We're happy to report further chipping away at TSA's security procedures. TheTSA LineHouse voted unanimously last week to allow military personnel on duty travel to receive special preference that would move them through the TSA checkpoint faster

. FlyersRights heartily endorses this measure, which acknowledges that troops we routinely thrust in harm's way in our defense are not security threats. As Kate told the Associated Press, our organization "strongly supports expedited screening for the military and that should be extended to all law enforcement, DOD folks with security clearance and other government officials with security clearance."

What Kate's Saying

PR Newswire

Korean Air Fumbles Fare Fiasco

Associated Press

House voting to ease airport screening for troops

What American Airlines Bankruptcy Means for Passengers

WJLA-ABC 7 News, Washington, DC

Airline passenger group wants clearer rules on acceptable clothing

Fox News

What American Airlines' Bankruptcy Means for You

Fitch Downgrades Outlook to 'Negative' on 3 Major Airports

Sacramento Bee

http://www.sacbee.com/2011/11/30/4089722/flyersrightsorg-steps-up-to-cover.html

http://www.sacbee.com/2011/11/29/4086666/korean-air-fumbles-fare-fiasco.html

Atlanta Journal Constitution

Government seeks disclosure of airline fees

Carrentals.co.uk

TSA Screenings to be Eased for Troops

Washingtonian

http://www.washingtonian.com/blogarticles/people/capitalcomment/21633.html

Travelpulse.com

FlyersRights Urges Dropping Tarmac Delay Exemption for Diverted ...

US Daily Review

http://usdailyreview.com/tag/flyersrights-org

eTurbonews

Korean Air infuriates travelers with fare fiasco

Newsobserver.com

Feds scrutinize airline fees


Follow us on Facebook and Twitter.

"The War Is Not Over"

Donate Button

Donate to the Flyers Rights Education Fund (tax-deductible!)

www.flyersrights.org
Hotline: (877) 359-3776

Thursday, December 1, 2011

12-1-11

Korean Air Fumbles Fare Fiasco

Airline Fashion Police Confuse Passengers

Fees in the News

Matching Gift Pledge!

What Kate's Saying

Korean Air Fumbles Fare Fiasco

FlyersRights.org was inundated last week with calls and e-mail from passengersKAL Logoshocked to discover that Korean Air had cancelled their confirmed ticket from US departure points to the Pacific resort destination, Palau. The tickets, purchased by over 300 people during the first week in September, were confirmed for travel dates between November 30 and March, 2012. While the advertised rate was unusually low, travelers saw it as an introductory fare for a new route.

A month later, Korean Air notified the DOT that that the fare was advertised in error, asserting that it was a special fare intended to be available only to travel agents as a means of promoting the airline's inaugural service between North America and Palau but mistakenly made available to the public at large.

They claimed that the fare restriction was clearly identified. The identification was an obscure fare basis code only shown in the mouse print fare rules and restrictions. Expecting passengers to understand these codes is tantamount to publishing the rules in a foreign language, requiring passengers to use a translation dictionary.

Affected passengers were not notified until November 7th, fully two months after the erroneous bookings. The airline offered full ticket reimbursement, reimbursement for "travel-related" out of pocket expenses, a $200 voucher, and repurchase at the lowest fare available during the last year.

However, that fare is nearly 50% higher than the booked fare, and was a deal-breaker for many of the passengers. The meaning of "travel-related expenses" is not clear. Does it include booking hotels, tours, and non-refundable items that have been booked while counting on the trip?

Further, the 111 passengers in contact with FlyersRights have yet to receive a penny of reimbursement. Finally, the notification delay almost certainly moved the travelers into a much more expensive ticket price range, making the $200 voucher of questionable value, especially for booking on another airline.

The airline's error destroyed the dreams of many people. A blind PhD candidate in Texas who dreamed of swimming with dolphins, something she is prohibited from doing in the US, said, "Korean Air may have destroyed a life-long dream of this blind lady." Korean Air broke a deal. By charging their credit card, sending confirmations & waiting two months to notify their customers of their error, they broke the dreams of hundreds of passengers and effectively extorted them for more money to rebook.

Airline Fashion Police Confuse Passengers

A series of boarding denial incidents have raised the issue of consistent rules. Last week's Fox News interview with Kate covered a wide range of issues, but the part that was aired focused on what is and isn't proper attire for air travel. Noting thatAirport Fashion "appropriate attire" is simply a question of flight attendant opinion, Kate said that "People aren't mind readers. They don't know what that flight attendant's going to want to see when you get on a plane!"

Some viewers misconstrued Kate's comments as advocating for a sort of travel uniform, as some of the What Kate's Saying entries below will show. In fact, FlyersRights believes that anything legal on the street should be legal in an airliner. We simply want guidelines from the carriers regarding what constitutes unacceptable attire. As things stand now, pants worn too low are sometimes unacceptable, while the gentleman shown here was ushered to his seat on a US Airways flight.

Fees in the News

One airline found a new way to squeeze more money from their passengers last week, while a new United States Senate bill targeted an irritating but common fee.

Comtel LogoA Comtel Air flight from India to Britain stopped in Vienna for fuel last week and the charter service asked its passengers to fork over $31,000 to continue the flight. Passengers reported being sent off the plane to use airport ATMs. The flight eventually reached its destination, packed with irate passengers. Major airline stockholder Bhupinder Kandra blamed travel agents, saying the agents had not turned fare money over to the airline before departure. "This is not my problem," he said. "The problem is with the agents." Welcome to air travel in the 21st Century.

As Kate said, "There's plenty of absurdity in airline land."

On the other hand, Sen. Mary Landrieu (D-La.) introduced a bill last week that she said would protect passengers from excessive baggage fees. Dubbed The Airline Passenger BASICS - or Basic Airline Standards to Improve Customer Satisfaction - Act , the bill, S. 1913, would require airlines to allow one checked bag, carry-on bag, and personal item without charge, excluding overweight bags, and mandates provision of a seat, potable water, and bathroom facilities without further charge.

FlyersRights supports the senator's effort. While it won't save air travelers any money, it will simplify fares. More than that, it will eliminate the incentive to pack one's worldly belongings into a carry-on. With fewer carry-on bags, TSA lines will speed up and we'll spend less time standing in the jet way while those ahead of us spend minutes jamming overstuffed luggage into the overhead bins.

Moreover, FlyersRights recognizes the need for infrastructure improvements, largely funded through the FAA 7.5% excise fee on ticket sales. Unbundled fees are not subject to that tax, causing decreased funding for the Airport and Airway Trust Fund. When the airlines again fold baggage charges into ticket prices, more funding will flow into airport improvements.

Matching Gift Pledge!

The Flyers Rights Education Fund is the education and service arm of our organization. Approved by the IRS in June, 2011, the Fund gives you a way tocontribute to our airline passenger rights efforts through a tax-deductible vehicle. We now support many of our efforts through The Fund:

  • Our free, 24/7 Hotline
  • Mass mailings unrelated to political action requests
  • Press releases related to educational efforts on behalf of airline passenger rights

Now we have an exciting new way for you to leverage your tax-deductibleFREF Logocontributions to the Fund. Paul Hudson, a member of our Board of Directors andExecutive Director of the Aviation Consumer Action Project (ACAP), has pooled his personal resources with those of ACAP and friends of our longtime supporter, Ralph Nader, to pledge a matching-gift contribution of $15,000 to Flyers Rights Education Fund.

Paul's generous pledge gives you an opportunity to truly leverage your contributions to the Fund. His coalition will match, dollar for dollar, yourdonations to the Flyers Rights Education Fund, up to the $15,000 pledge!

But you must act now! We must achieve this goal by the end of the year. Please go to the Flyers Rights Education Fund donation page now and give what you can. The coalition's generous offer expires at midnight, December 31, 2011. We must answer the coalition's challenge and meet their contribution goal by the end of the year.

Remember, each and every dollar you contribute during this short window will have a double impact on advancing the cause of airline passenger rights.

Help us stay in the fight! Kate's remarkable responses to Snowtober, in so many national forums, would not have been possible without your generous support. You know that her family can no longer subsidize the effort-without your help, the premier voice of airline passenger rights in America will be stilled.

What Kate's Saying

Smartmoney.com

Thanksgiving Flightmare Part 2: Avoiding Airport Rage

FOX19 News Cincinnati

FOX19 News and Weather - Greater Cincinnati AreaTraveling for ...

USA Today

All flight decompression events not reported

Fox News

http://www.foxnews.com/us/2011/11/25/possible-passenger-dress-code-coming-to-plane-near/

Daily Mail

Now PASSENGERS have to wear a dress code on planes

WBUR (Boston NPR)

http://hereandnow.wbur.org/2011/11/25/passenger-rights-plane

Pocono Record

Advocates push for airline 'passenger dress code'

Gather.com

Airline Dress Code Called For by FlyersRights.org

TheBlaze.com

Rights Groups Want Airlines to Issue Dress Codes for Flying


Follow us on Facebook and Twitter.

"The War Is Not Over"

Donate Button

Donate to the Flyers Rights Education Fund (tax-deductible!)

www.flyersrights.org
Hotline: (877) 359-3776

Tuesday, November 22, 2011

11-22-11

Airlines Greet Fines with Scare Tactics

FAA Bill Controversy Heats Up

Aerotoxic Syndrome Update

EU Bans X-Ray Body Scanners

A Great New Travel Information Site

What Kate's Saying

Airlines Greet Fines with Scare Tactics

In the wake of the DOT's landmark decision to find American Eagle $900,000 forDOT Logothe May 29th stranding of nearly 600 passengers on Chicago O'Hare's tarmac, the airline industry immediately sought to spin the airline passenger rights victory through the use of scare tactics. Remarkably similar stories appeared in national media pieces and all over the internet, claiming that the fines would terrify the airlines and drive them to cancel huge numbers of flights.

The fact is that American Eagle was fined for loading 15 aircraft that they knew hadAmerican Eagle Logo no chance of making an on-time departure and for those flights' passengers spending hours on the tarmac as a direct result of their decisions. The $900,000 fine is far from fatal for American Eagle parent company AMR, and is a small fraction of the $1.7 million they could have been fined.

Moreover, AMR management earns bonuses that vary with their stock price. Even at the stock's recent price in the $1.75-$2.00 range the 'Performance' bonuses management will divide could amount to millions in 2011, well in excess of the DOT fine amount.

Some stories cited a recent GAO report that suggests a relationship between implementation of the DOT's Three-Hour Tarmac Rule and a slightly increased cancellation rate in the final months of 2010 when compared to 2009. FlyersRights.org views that study with skepticism. The GAO study has many flaws. It compares one year to one other year, but history shows that cancellation rates vary wildly from year to year. In fact, the 2009 and 2010 cancellation rates are lower than those of 11 of the last 16 years. What about the other 11, higher years? They can't be attributed to The Rule.

The GAO study concludes only that there "appears" to be a relationship between the rule and cancellations, and recommends that DOT "should collect and publicize more comprehensive on-time performance data to ensure that information on most flights, to airports of all sizes, is included in the Bureau of Transportation Statistics' database." That is, more data and analysis is needed to interpret the issue.

The DOT is completing a more comprehensive study, which we hope to see by the end of the year. We believe that study, based on much more comprehensive data and methodology, will yield far different results that that from the GAO's questionable approach.

Implementation of the Rule has made airlines more circumspect, and they are now proactively cancelling flights that they know are likely to be cancelled in any event during bad weather periods. They acknowledge that those actions provide them with better operations management and give their customers many more options for rescheduling to flights that are more likely to operate on time.

See the What Kate's Saying section below for her take on the fines and the airlines' reaction.

FAA Bill Controversy Heats Up

The FAA Air Transportation Modernization and Safety Improvement Act, popularlyknown as the FAA Reauthorization Bill, is in the news again. After years of debate and endless extensions, Sen. Jay Rockefeller (D-WVA), chairman of the Senate Commerce, Science, and Transportation Committee, expressed his anger and frustration at the bill's lack of progress in the House. He said that there was blame enough to go around, with an aviation industry that apparently doesn't understand the need to press lawmakers for action and lawmakers no longer open to negotiated compromise.

"This is a serious matter," he said. "The repeated extensions and stopgaps don't work and they are sapping the life out of this industry." The senator pointed out that failure to modernize the air traffic control and aviation system would jeopardize safety and lead to a seriously inadequate, gridlocked air travel system. "It's pathetic, it's shameful, it's an embarrassment and it's unsafe," Rockefeller said.

At the same time, Rep. John Mica, chairman of the House Transportation and Infrastructure Committee, said that the bill could be ready for the President by Christmas. "I was pleased to meet with Chairman Rockefeller, Ranking Member (Kay Bailey) Hutchison (R-Texas), and Ranking Member Rahall today to discuss completion of the FAA reauthorization, hopefully by the time Congress concludes its business for the year," Mica said in a statement.

Senator Rockefeller does not share Mr. Mica's optimism. Who's right? As with all things Washington, it's difficult to know. According to a Politico.com article, the "big four" have directed staffers to iron out the remaining issues, except for a labor disagreement that they say they will work out amongst themselves. However, Rep. Mica told attendees of a major transportation conference last week that he wants "no more FAA shutdowns."

One of our beltway insiders noted that the House dropping the labor issue would be a major concession, presumably requiring something of considerable value from the Senate in exchange. The labor issue is a provision in the bill that would make it easier for Delta Airlines employees to unionize.

So, in short, while agreement is possible, separation of the outstanding issues into two resolution mechanisms makes it less than likely. A longer continuation measure that falls short of full passage may

Aerotoxic Syndrome Update

Flyersrights has been at the forefront of safety in the airliner environment on a number of issues. One of those is the very air in the cabin. In October, Boeing settled a lawsuit brought by former American Airlines flight attendant Terry Williams over her claim that faulty aircraft design allowed toxic fumes into the cabin.

We reported this story in an October newsletter and told you of Dr. Susan Michaelis, a former Australian airline pilot grounded by aerotoxic syndrome, who, like Kate Hanni, both refused to capitulate and turned herself into one of the world's leading experts on the issue. She earned her PhD in Workplace Safety Science with her 2010 thesis, Health and Flight Safety Implications From Exposure to Contaminated Air in Aircraft. Now Head of Research with the Global Cabin Air Quality Executive and an independent health and safety, Dr. Michaelis is a fantastic source of information about this serious, poorly-understood problem.

We wrote to Dr. Michaelis seeking more information, and she provided two fact-filled documents. The first is her presentation to a meeting of the Aerospace Medical Association, a fascinating PDF-formatted PowerPoint presentation of her thesis findings. She also sent a guide for healthcare workers titled EXPOSURE TO AIRCRAFT BLEED AIR CONTAMINANTS AMONG AIRLINE WORKERS, a project funded by the FAA Office of Aviation Medicine.

Her message is clear:

Breathing heated synthetic jet engine oils is not in any way acceptable for either airline workers or passengers. The toxicity and hazards associated with breathing these oils has been known since at least 1954. It is a design problem and in no way rare as the industry likes to say. The airline industry could do something, if it wanted to, to address this problem now; however it has put profit before people, and the steps they are taking are far from adequate and effectively non-existent. Passengers need to wake up to the fact that in all larger commercial aircraft except the new Boeing 787, they are breathing unfiltered air taken directly from the engines. This is a total injustice given the knowledge known by the industry since the 50s. Passengers should demand clean air or demand to travel on the new bleed free 787 - a design that no longer takes breathing air from the engine--you could say 'back to the future'.

Dr. Michaels's story of unraveling the almost six-decade-old problem is told in two documentaries, both available on DVD. The first is the recently completed ' Angel without wings', tells the story of Susan's investigation into aerotoxic syndrome.

The other is the 2007 DVD, Welcome Aboard Toxic Airlines, an in-depth exploration of the problem.

Welcome Aboard Toxic Airlines Cover

NOTE: The two DVDs are recorded in different formats. Weocome Aboard Toxic Airlines is in NTSC, playable on almost any player sold in the US. Angel Without Wings, however, is recorded in PAL, which is the Euoropean standard. While it should play on PCs and Macs, US DVD players will likely have difficulty with it.

Dr. Michaelis extends FlyersRights members an offer of 30% off by applying this discount code at checkout: FNFF14101947. Just click on the pictures and we'll take you to the DVDs' web sites.

The Global Cabin Air Quality Executive representing workers exposed to turbine oils globally, (currently updating its website) is working to help aircrew, ground crew and offshore oil workers exposed to turbine oils, while the Aerotoxic Association provides additional great information for those affected including passengers.

EU Bans X-Ray Body Scanners

The European Union has long expressed concern about the safety of the X-ray-based body scanners. Last week, they banned use of the X-Ray scanners. In theirEU Logo report, the European Commission wrote, "In order not to risk jeopardizing citizens' health and safety, only security scanners which do not use X-ray technology are added to the list of authorised methods for passenger screening at E.U. airports."

FlyersRights wonders why the EU's 27 nations regard the machines as unsafe when our TSA has been assuring us all along that they're not only safe but more effective than the alternative, millimeter wave variety. We also wonder why, then, the TSA's latest 300-machine buy consists solely of millimeter wave machines.

Are the millimeter wave machines suddenly acceptable, or are we just putting lipstick on the Airport Security Theater pig?

iFlybags-A Great New Travel Information Site

With the approaching holiday travel season, we want to inform FlyersRights.org members about theiFly Logolaunch of iflybags, a new, free website that makes it easy for travelers to find out just how much checked baggage they are allowed to take on a flight and what it's going to cost them.

While the majority of airlines today charge for checked bags, baggage allowances and fees differ by airline, creating confusion for travelers. With iflybags, travelers simply enter their airline, origin, destination, and cabin class to determine the airline's baggage allowances.

To calculate specific fees, travelers enter the same flight information, but also the number of travelers, number of bags, and each bag's weight. Even travelers carrying obscure items - such as javelins and scuba equipment - can figure out the cost. The site even takes into consideration frequent flier status and presents the best combination of checked bags for multiple travelers on a single itinerary.

What Kate's Saying

MarketWatch

Airline Scare Tactics Follow Tarmac Delay Fines

WWL (Great Radio Interview)

http://audio.wwl.com/m/audio/48672477/11-15-11-11-10am-kate-hanni.htm

Associated Press

At least 4 jets strand Conn. passengers for hours

CBS Chicago

http://chicago.cbslocal.com/2011/11/14/flyers-rights/

WFAA

http://www.wfaa.com/news/national/American-Eagle-fine-could-lead-to-canceled-flights-133840923.html

Sacramento Bee

Airline Scare Tactics Follow Tarmac Delay Fines

New York Times

Pornography on Airplanes, Where You Can't Look Away

Minneapolis Star Tribune

Airline tells passengers to pay extra for fuel

Huffington Post

Kate Hanni Airlines Play the Victim After Hefty Delay Fine


Follow us on Facebook and Twitter.

"The War Is Not Over"

Donate Button

Donate to the Flyers Rights Education Fund (tax-deductible!)

www.flyersrights.org
Hotline: (877) 359-3776