Sorry if this is not suppose to be put in this group but I thought some of
you may be interested.
FAA To Investigate Meigs Closure
Agency Grants AOPA Demand For Investigation
Fortunately, the debateover the unprecedented closure of Chiacgo's Meigs
field is comingto light once again. On its website, AOPA says the FAAmerits
the organization's claim that the city of Chicagoviolated federal law and
aviation regulations when it shut downMeigs Field last March. The agency
says it will investigate theclosure.
AOPA filed a formal complaint following the destruction ofMeigs's runway on
Mayor Richard M. Daley's order, claiming the cityfailed to provide adequate
notice, as required by the FARs. Whilethe organization admits the complaint
will not result in theairport's reopening it may lead to the mayor and the
city beingpunished for their actions.
"AOPA intends to push for the appropriate penalty to be imposedon the city,"
said AOPA President Phil Boyer. "Mayor Daley and anyother state or local
official who may want to follow Daley's leadmust be made to understand they
cannot unilaterally change theNational Airspace System."
The manager of the FAA's Enforcement Division sent a letter ofresponse to
AOPA's complaint against both the mayor and the city,saying "reasonable
grounds exist" to begin an informalinvestigation into the allegations.
AOPA maintains that Daley and the city of Chicago violated boththe U.S. Code
and Federal Aviation Regulations. The U.S. Codestates that an airport or
landing area not involving theexpenditure of federal money may be altered
substantially "only ifthe Administrator of the Federal Aviation
Administration is givenreasonable prior notice, so that the Administrator
may provideadvice on the effects" of the alteration. In order for
theadministrator to carry out that obligation, Federal AviationRegulations
state that anyone intending to alter a runway,deactivate a runway or
airport, or change the status of an airportmust submit notice of that intent
at least 90 days prior to takingsuch action.
AOPA says the FARs do provide for immediate emergency action,such as in the
case of national security, which was Daley'soriginal claim. However, even in
the case of an emergency, if theairport has a charted instrument approach,
which Meigs Field did, aminimum of 30 days' notice must be given.
An informalinvestigation proceeds at the discretion of the
assignedinvestigator, in this case the manger of the Chicago
AirportsDistrict Office of the FAA's Great Lakes Region. At the end of
theinvestigation, the FAA will issue an Enforcement InvestigativeReport. If
the report suggests that there's evidence to proceed,then the FARs say "a
notice of proposed order may be issued orother enforcement action taken."
That enforcement could be anythingup to and including fining the city for
its action. There is notime limit for an informal investigation, but any
civil penaltyaction must be taken within two years of the event - in
thiscase by March 30, 2005.
"The fact of the matter is that nothing the FAA eventually doeswill bring
Meigs Field back," said Boyer. "But the FAA's declaringthat our complaint
has merit sends a message to the next mayor orcounty supervisor or governor
who gets the same idea to shut downan airport in the dark of night - 'don't
try it!'"
FMI:
www.aopa.org