Hard Questions to the FAA

October 31, 1997

The Honorable Jane Garvey
Administrator, The Federal Aviation Administration,
FAA Headquarters,
800 Independence Ave,
Washington, D.C. 20591

Dear Ms. Garvey:

First let me congratulate you on your appointment. I am sure you recognize that you have undertaken the most important position in civil aviation in the world. I have followed your first few speeches and I am pleased to see the priorities you set forth.

The purpose of this letter is to ask for some clarification and hopefully to open up communications on a sensitive subject involving the FAA , Orange County and local communities. That subject is the reuse of Marine Corps Air Station El Toro. As a former Associate Administrator, I have avoided any position on this issue. I am continually asked, however, about the airport and what the impact on the county could be. My answer has always been that until a plan is laid out I cannot make any projections.

I recognize the official FAA position. The USMC EIS report is not due to be submitted for some time, and until DOD has made its decision on the base use the administration is not involved. If it is determined that it will be used for an airport, the FAA still has no position until all the proper documents are submitted to the FAA and have been analyzed.

However, the county has taken a position. It will be an airport.

Since the base closure became final and the Local Reuse Authority (LRA) control was given to the County, the reuse planning process has been fraught with controversy. The County has pre-determined, and so stated that the land will be used for a major international airport. In stating that, the county has also set forth an airport use plan and operational procedures . Their plan , in my opinion, and in the opinion of many other aviation experts and professional aviation organizations, has created many SAFETY and ENVIRONMENTAL concerns.

I recently have had some productive conversations with the FAA airport personnel up to and including Mr. Taylor, ARP-2. They were helpful. However, because of the issues involved, and the fact that the county, with apparent knowledge of the local FAA offices, has already determined the ultimate outcome, I am asking for your assistance in clarifying the FAA position on some major issues. In order to facilitate a response, I have set forth these major issues and concerns in an "Issues and Questions" format. They are enclosed. Response from your office will help to clarify many of the numerous issues that, in my opinion, should be opened up to the public. Your prompt response would be very much appreciated.

Sincerely,

Donald R. Segner
Associate Administrator, FAA ( Ret.)
Enclosure

Enclosure to D.R. Segner Letter of October 31, 1997

Orange County, California MCAS El Toro - LRA Studies

Issues and questions for the FAA

I. Use of John Wayne Airport revenues to support the current El Toro Airport study efforts and planning tasks.

The Orange County LRA airport study is in the feasibility study stage. The use of the land at MCAS El Toro is yet to be determined. The property on which the El Toro Air Station is located belongs to the Federal Government. It is not under the control of the county. Likewise, it is not under the control of John Wayne Airport Authority and it is not currently a part of the John Wayne Airport system.

John Wayne has accepted FAA Airport Improvement Program funds for its recent major airport improvements. It is my understanding that once an airport has accepted such FAA funding, Title 49 limits the revenues generated by that airport as follows:

"To expenditures for the capital or operating costs ---
(A) the airport;
(B) the local airport system;
(C). Other local facilities owned or operated by the system and directly and substantially related to the air transportation of passengers or property."

The county has over run its budget and estimates that it will now cost $ 20 million to complete this phase. As a result, they recently approved additional funds to assist the LRA airport study phase. These funds will come from the John Wayne airport generated revenues to be used ( among other things) for the planning and development of non-air side roads access, transportation systems, economic studies and public relations endeavors, to name a few. The county has over 100 people working on the El Toro airport LRA plan. The FAA has already contributed several million dollars to that effort. The local FAA Regional offices have approved the use of John Wayne airport revenues to complete the project. Rather than a " feasibility study " for what should be the use of the MCAS El Toro, the county is defining and undertaking the tasks of a "comprehensive master airport plan".

The Region, by approving the use of the John Wayne airport revenues, has said, in effect, that it has already determined that the MCAS El Toro property will be an airport. That, as an airport, it is already under the control of the John Wayne Airport authority.

The written assurance required by the Secretary of Transportation for the use of those funds has not been made public.

Question

How does the FAA justify the approval given by the local Regional offices for the diversion of nearly $ 7 million of local John Wayne Airport revenues ?

In my opinion, the approval by the local FAA regional offices of the use of these revenues is not in accordance with Title 49 and further that the Administrator should deny the use of John Wayne airport revenues for the LRA study and " Master Airport Plan" .

II. The proposed airport operational plans are being dictated for noise abatement reasons and do so at the cost of safety and efficiency

The current airport plans, and as earlier set forth in the EIR, establish the easterly runways 7L / 7R as the primary departure runway for noise abatement purposes. Current plans are to have approximately 70 % of the departures made on that runway. The other 30% of the departures are to use the northerly runway 34. This departure was selected because it results in the lowest noise impact on the surrounding communities.

These airport operational procedures, with the apparent local FAA Regional consultation, resulted in many questions with regard to safety airline/airport efficiency, air traffic control and noise & environmental impacts on the surrounding communities.

Several experts as well as the airline industry pilots unions ( APA & ALPA), have written letters and reports of concern with supporting data to the county. The county has also been informed by the airlines Air Transportation Association (ATA) of their concerns. The basic issues address strong concern about the use of runways 7L / 7 R and the overall problems they present. Use of those runways will require the aircraft to depart DOWN WIND, on a runway that SLOPES UP HILL with a RUNWAY GRADIENT THAT EXCEEDS the current FAA Advisory Circular guidelines. Most importantly, the takeoff and departure flight path will take aircraft into steeply rising terrain and towards the adjacent mountains. These mountains rise to an elevation of 5,720 feet M.S.L. within 10 miles of the field. This presents serious concerns with respect to the takeoff climb segment, as established in the FARs, and th respect to aircraft performance. As an example, a B767-300 experiencing an engine failure during takeoff would require an immediate turn to avoid the rising terrain and still would result in minimal ground clearance.

The Federal Aviation Act requires the Administrator to operate the airspace in a Safe and Efficient manner. Under Sec. 611 of the Act for Control and Abatement of Aircraft Noise and Sonic Boom, the FAA in prescribing and amending standards and regulations l--(d)(3) "must consider whether any proposed standard or regulations are consistent with the highest degree of safety in air commerce or air transportation in the public interest ".

Additionally, the recently published Education and Training Aid on "Controlled Flight Into Terrain" prepared by The Flight Safety Foundation, and supported by the FAA & ICAO, states that 80% of the over 9,000 fatalities that have occurred by large jet aircraft flying into terrain have occurred when they were within 10 miles of an airport that had nearby terrain up to 6,000 feet M.S.L.. This is very similar to the terrain adjacent to MCAS El Toro.

More than enough safety issues have surfaced out of the county's proposed El Toro airport configuration and proposed operations that it is apparent that the best interests of the flying public are NOT being taken into account. The local FAA Region airport offices have, in their letter of 12 Nov. 1996 to the county (AWP- 500 to John Wayne Airport Director), offered assistance in developing the Master Plan and Airspace analysis. All indications are that the local FAA Regional Airport offices support the current plan.

Questions

* Is the local Region FAA staff advising the county when the public is being told that nothing has been submitted ?

* Can there be open communications with the Region on what they and the county are doing ? At the least, can copies of their meeting records be made available to the public ?

* Has the Region already approved the El Toro runway 7 departure as being acceptable for use as the primary departure runway ?

* If so, how do they justify overruling the Federal Aviation Act, the Noise Abatement Act (Section 611), AC-150, and numerous FARs ?

* Has this departure concept, based on noise relief, been found to be consistent with the highest degree of safety and in the best interests of the public ?

* Is this in keeping with the Administrator's statements that SAFETY is her number one objective at the FAA ?

III. Environmental and Economic Concerns

The selection of runway configuration , departure, arrival and air traffic patterns is critical to the life and welfare of the local area. Thousands of new homes are being built and purchased in the area around the MCAS El Toro. These homes are not inexpensive. The costs are in the hundreds of thousands of dollars each and up to several million in some areas. To buyers, the investments are large. The developers and others are "betting " on the out come of the reuse plan.

If an airport use is selected, the people of Orange County need to KNOW what the noise and environmental impacts will be. They can not wait for a decision down the road. The economic consequences to the county are great. Lack of information as to the real noise impacts is misleading many buyers and developers. The FAA position on the propose airport operations and airport configuration cannot wait. An FAA position is needed at this time.

Question

+ What will be the preferred arrival and departure routes for El Toro airport ?

IV. Runway slope on the preferred runway is excessive.

Runway 7 is 8000 feet long and rises 122 feet from the takeoff end to the departure end. This exceeds the runway gradient of 1.5 set forth in AC 150. I cannot identify any commercial airport in use in the U.S.A. ( or elsewhere) that exceeds a gradient of 1.1. I have also been advised that the Advisory Circular is just that - an advisory document or guide and that the recommended gradient can be exceeded.

Given the conditions of prevailing tailwinds and rising terrain for runway 7, we do not understand how the Administration can certify such a runway under FAR 139 or how the airlines could operate from it under FAR 121.

Question.

* How many other major airports in commercial operation today have a gradient that exceeds the AC - 150 ?

* What is the justification for exceeding the Advisory Circular slope guidelines ?

V. Closing of John Wayne Airport and General Aviation

It is planned that an airport at El Toro would become a major international airport similar in capacity and operations as the San Francisco airport. It is also anticipated that large "heavies" like the 747 & 777 aircraft will be used by the airlines. The close proximity to John Wayne Airport ( less than 7 miles) and the mountainous terrain that runs along the eastern side of MCAS El Toro and with simultaneous airport approach and departure operations create air traffic control and airspace problems. Closing of the John Wayne Airport is being considered to alleviate air traffic control problems and reduce noise around that airport.

John Wayne airport has a very large population of general aviation and business class aircraft. It is one of the nations busiest. Flight training is conducted and large Fix Based Operators ( FBO's ) are at the field. There is not another " reliever airport" in the county.

Questions

* If John Wayne airport is closed will the small general aviation activities still be allowed at " El Toro International Airport " ?

* If not, without a "reliever airport " in the county, where will they go ?

VI. El Toro International Airport Night Time Curfew

John Wayne Airport currently operates under a night time curfew. Use of a similar curfew at El Toro airport is being proposed.

Question

* Will the FAA allow a curfew at the new El Toro international airport ?

Click for comments by commercial pilots regarding El Toro flight paths.