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Sep 30

Congress, which so thoroughly screwed up the so-called Registered Traveler program to begin with, is now toying with the idea of dragging this dead horse back to the street.

As originally, though vaguely, conceived, Registered Traveler was to be a program in which frequent travelers would submit to a government security clearance that would enable them to be “registered” as airline passengers who were deemed more trustworthy than the average citizen who had not been cleared.

Once registered, that traveler would then be eligible for special handling at airport security. The program never quite got its act together enough to specify just how this would work as a practical matter.

Pretty soon, Congress, along with officials from Homeland Security and representatives from industries looking to make a buck off Registered Traveler came up with the bright idea to make this a public-private initiative. (The TSA, while gamely particpating, made it clear that it was not enamoured of the idea from the start).

So investors came in. By far, the major player in the game was Steve Brill’s Verified Identity Pass Inc., which installed the first “expedited security” lanes under its brand name “Clear,” and which ultimately built special lanes at 18 airports before the company shut down abruptly in June.

In various partnerships with technology companies, Verified Identity spent a small fortune developing high-tech equipment — most importantly a GE-designed “shoe-scanner” that was supposed to provide members with a major benefit by allowing them to pass through security without having to remove their shoes.

Here the TSA, under its most recent director Kip Hawley, really dug in its heels. While maintaining that it supported the idea (as Congress insisted it must), the TSA kept giving failing grades to Brill’s shoe scanner, saying that while the machine was promising, it didn’t adequately meet security standards.

So there was no shoe scanner. Nor were any of the other promised security benefits ever delivered.

Two years ago, the TSA — in an act of what I regarded as contempt for the private element of Registered Traveler — even removed itself from its cursory participation in the enrollment process. Till then, the federal “security clearance” part of the operation had consisted of the TSA merely checking the names of prospective members of Clear against the standard FBI terrorist watch list. Hawley stopped this entirely, leaving Clear as an entirely private operation that had spent a lot of money to build enrollment centers and intake lanes at 18 airports.

Clear — which cost about $130 a year — was built around the idea that members, once “cleared,” were issued biometric ID cards on which a member’s irises and fingerprints had been electronically embedded.

Without doubt, that ID was far superior in any security sense to the easily counterfeitable photo-IDs required by the TSA. Still, the TSA refused to accept the biometric IDs, insisting that Clear members show their government-issue photo IDs just like everyone else.

The main reason for the TSA’s refusal to accept the biometric IDs was that there was an insecure physical space built into the process, as members wandered from the Clear station to the actual TSA security checkpoint. The TSA considered it out of the question to install Clear biometric readers at the checkpoints themselves.

But Hawley wasn’t just being an obstructionist in his resistance to allowing Clear and similar programs started by two tiny competitors into the security apparatus. Rather, he was resisting the idea of outsourcing any element of security — which was, after all, at the heart of Congress’s Registered Traveler initiative.

While Clear struggled, meanwhile, the TSA managed to improve its own customer-service operations. All across the country, TSA security lines became manageable and much of the unpredictability was eliminated or greatly reduced. (The few airports in which security-line waits were still a big problem — Orlando, especially — were precisely those airports that had the highest number of Clear members.)

At the end, Clear was nothing more than a greatly overstaffed, limited front-of-line pass. Members entered Clear’s distinctive blue lanes with their ID cards, and were subject to a scan of their irises and fingerprints. If your eyeballs and fingerprints matched those on your card, you were cleared. But for what?  Actually, the  procedure did nothing more than verify the identity (and enrollment status) of the member presenting the card.  There was absolutely no element of security involved in it.

Once their Clear membership  checked out, members  were sent on their way to the regular TSA security station where they went through the exact same procedures as everyone else.

Given that Clear had about 160,000 members (most of them with cards paid for by their companies), there was obviously some time-saving value seen in membership.

About two years ago, my wife and I impetuously enrolled in Clear at the Newark airport. about two years ago. After a year, I had used my card once, and considered the Clear station an delaying irritant. She never used hers. Obviously, we didn’t re-up.

There’s a hearing in Congress this afternoon on the issue of reviving the Registered Traveler program.

We’ll see what they come up with.

But this is a Congress that, like its predecessor … well, never mind. Just mark me down as voting skeptical.

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Sep 29

The Committee to Protect Journalists issued a worldwide alert today on the defamation lawsuit filed against me for reporting on the 2006 Amazon mid-air collision in Brazil.

Here’s the alert.

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Sep 29


[Photo: Damaged Legacy 600 after emergency landing in Amazon]

{Updated, with hyperlink to complaint filed against me in Brazil}:

Today is the third anniversary of the horrific mid-air collision at 37,000 feet over the Amazon between a Brazilian Gol 737 commercial airliner and a U.S.-owned large-cabin Legacy 600 business jet, in which 154 people died when the 737, a third of its wing shorn off, plunged into the jungle.

I was one of seven people on the business jet who survived.

I thought I had said all I needed to say — and I have certainly said all I want to say — about this horrible incident that so tragically ended the lives of 154 innocent people, while seven others unaccountably survived.

My separate blog on the crash and its aftermath went inactive a long time ago, early in January of 2007.

But as the anniversary arrives, an update is necessary. I hope to do it without adding any more comment than is necessary. I am also posting links here to various key documents in the case.

The American pilots, Joe Lepore and Jan Paladino, remain on criminal trial, in absentia, in Brazil.

They are being criminally prosecuted (on charges carrying prison sentences) despite conclusive evidence that the collision was put in place as a result of systemic errors and operational mistakes in Brazilian air traffic control that had the planes on a collision course, when controllers on duty failed to notice that the business jet was out of communications over the Amazon for over 50 minutes.

Here is the investigative report on the crash last year by the U.S. National Transportation Safety Board, which was part of the investigation because one of the planes was American-owned. The NTSB is the world’s most respected aviation safety agency — one that never pulls punches and certainly has never been accused of favoritism toward U.S. aviation.

The NTSB’s conclusion is that evidence “strongly suggests that this accident was caused by N600XL [the Legacy] and Gol 1907 [the Brazilian airliner] following ATC [air traffic control] clearance which directed them to operate in opposite directions on the same airway at the same altitude, resulting in a midair collision.”

As in most aviation disasters, a series of other events transpired. Chief among them was the apparent malfunction of the Legacy’s transponder, a piece of avionics equipment that has an alarm called ACAS (for airborne collision avoidance system), the purpose of which is to shriek a last-minute alert about an impending collision.

The malfunctioning transponder issue is the lever that the Brazilian air force and the federal police used to indict the American pilots on criminal charges.

Anyone interested in this subject should carefully read the NTSB report, and then compare it with this voluminous report issued by Cenipa, the investigative body of the Brazilian military (which is responsible for air traffic control in that country, and therefore was investigating itself). The Cenipa report goes to great lengths to interpret the evidence in a way that lays most of the blame on the American pilots.

Other than as a passenger on an ill-fated trip, my own role in this horrible mess began the day after I got back from Brazil, when my straightforward account of the crash ran on the front page of the New York Times.

To my astonishment, that account unleashed a fury of anti-American vitriol in the Brazilian media, and among some of the public, where I was accused of insulting the honor of Brazil and trying to make “heroes” out of the American pilots. I was flabbergasted by these charges.

At the same time, I was being interviewed on most major TV and radio news outlets, and on several occasions I mentioned that I had been talking to international pilots who all said that Amazon air space is notorious for having radio and radar “dead zones.”

Again, all hell broke loose in Brazil, where imperialist conspiracy theories started making the rounds in the media. (One said that the Legacy was ferrying drugs for the CIA and flying recklessly to avoid detection.)

The Brazilian defense minister, Waldir Pires, in charge of air-traffic control, even publicly stated that the Legacy had been performing reckless “aerial maneuvers” over the Amazon to impress the “American journalist,” (me), when it hit the Gol 737. And that my comments were part of an attempt to cover this up. Pires was later fired.

As the story died out in the U.S., it was just getting started in Brazil. So I began writing a separate blog (www.sharkeyonbrazil.blogspot.com) to deal with the fury in Brazil, and to argue that it was a terrible mistake for the Brazilians to rush to criminalize an aviation accident before any evidence had been established as to its cause. Criminalizing an accident, as all aviation safety experts know, creates huge impediments to investigating it, because those involved go silent.

As it became more clear to everyone that the conspiracy theories were crazy and that air-traffic control blunders and systems failures did in fact play the major role in the accident, Brazil’s everyday air-traffic system suddenly descended into chaos. Air traffic controllers — mostly underpaid, overworked military personnel — staged nationwide protests as a warning that they were not going to accept blame for the accident.

Ultimately, a handful of air traffic controllers were also indicted months after the crash. And just last week, the Brazilian military prosecutor charged 89 air traffic controllers with “mutiny” for taking part in the protests.

At any rate, the goal of my blog was to argue forcefully (and, yes, sometimes provocatively) that aviation safety is profoundly imperiled by the hysterics of blame. I took on the defense minister, some of the outrageous police prosecutors and other Brazilian authorities for not focusing on obvious flaws in air-traffic safety in Brazilian skies, while trying to scapegoat the American pilots in an atmosphere of intense anti-Americanism.

[On July 17, 2007, a few months after the air-traffic controllers protests, there was another horrific accident in Brazil when a TAM airlines A320 crashed at Congonhas-Sao Paulo International Airport, killing 200.]

In startling proof that no good deed goes unpunished, ten days ago, a process server hired by a New York law firm retained by the Brazilians showed up at my front door in New Jersey to present me with a lawsuit against me for allegedly defaming the honor of Brazil in my blog.

That suit, full of patently and demonstrably false charges, false charges, seeks about $250,000 in damages and demands apologies in every news outlet I wrote for or spoke with. Here is the link to the .pdf copy of the English translation of the complaint so you can read it for yourself.

And here is my personal account of that lawsuit, which was posted last week by the news-business magazine Editor & Publisher.

Note, incidentally, that the complaint makes the argument (unknown in first-world jurisprudence) that in causing alleged insult to the “dignity” of Brazil, I caused injury to every single citizen of that country, including the plaintiff, a person I had never heard of till the lawsuit came up, and certainly never wrote or spoke a word about.

Today, the prosecutors and lawyers for relatives of the victims are holding a congressional hearing and press conference on this awful situation in Brasilia. They are expected to demand that criminal proceedings against the American pilots be expedited.

And the lies continue unabated. In a sure indication of the expected tenor of that event, I note that news accounts in Brazil today report that I “attempted to evade” service of the suit at my home by the “U.S. Courts.”

Absolutely untrue. Actually, the process server, a delivery boy hired by the New York law firm working for the Brazilians, first showed up unannounced at my house when I was out of town in late August or early September. Later, a lawyer from the New York law firm — Grant, Herrmann, Schwartz & Klinger — phoned me and I told him I was home and available to receive their papers. Days later, I had a call from a man who claimed that he was an officer of the “New Jersey State Constable Office.” There is no such entity. He was actually just a delivery boy with a really crummy job, and I invited him to come right over and give me the papers, which he did. He looked so miserable delivering that pile of crap that I had to resist the urge to tip him.

Anyway, I don’t expect that you’ll be hearing much about aviation safety from Brazil today, and that’s a damn shame. Because the victims of that horrible crash, the relatives and friends of those victims, deserve more than recriminations against the American pilots and me.

In honor of the dead, the relatives deserve to know when serious measures will be put in place in Brazilian aviation to ensure that this will never happen again.

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Sep 28

Challenging all conventional wisdom, British Airways is starting all-business-class service between London City Airport and Kennedy on Tuesday.

B.A. is using Airbus A318 aircraft on the route. The cabins have a mere eight rows, with 32 full-flat-bed Club World business class seats. Food and other services are top-shelf.

Because London City airport has a short runway and various weight restrictions, the A318 will take off light on fuel on the westbound trip, and stop at Shannon airport in Ireland to gas up. That should take about 45 minutes, says B.A.

Passengers will clear U.S. Customs and Immigration at Shannon, which should make for a low-hassle arrival at Kennedy.

The New York-London City trip is nonstop.

British Airways has insisted that there is enough demand for a top-priced business class product (about $9,800 round-trip according to the B.A. Web site) on this route, given the convenience London City Airport offers to Canary Wharf (15 minutes away) and the financial district.

Do the numbers — only 32 high-yield passengers each way — and the move doesn’t seem too far-fetched. The long-haul business-jet market is in a severe slump, and this arguably is a niche with appeal to the G5 bereft.

We’ll see. At any rate, it’s nice to see someone doing something optimistic in the airline business. B.A. has even taken the grand old Concorde flight code out of retirement and slapped it on the London City service: BA001.

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Sep 25

Never mind on that wonderful $63 Continental offer to fly US Helicopter’s 8-minute service between New York City and the ridiculously named Newark Liberty International Airport.

US Helicopter suspended its service today. The company says it’s only a temporary measure, and maybe so. But I have to tell you, I could never understand how the numbers worked on those flights.

Thanks to wanderingaramean.com for the heads-up.

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Sep 24

Global airline capacity for September shows positive growth for the second consecutive month, according to OAG, the leading aviation data business.

Airlines scheduled 296.9 million seats, a rise of 1.4% (4,130,744 more seats) over September 2008 levels, OAG says.

Says David Beckerman, vice president of OAG Market Intelligence: “As the summer season winds down, the steady upward trend we have seen since May is continuing. After 11 straight months of capacity cutbacks, these figures indicate a growing confidence within the industry that demand for air travel is starting to pick up.”

[My comment: Fare sales have something to do with that, but there is no doubt that more people are feeling the urge or need to travel again. There has been a definite uptick in business travel demand.]

OAG says that airlines scheduled 2.4 million flights, down 0.6% (14,321 fewer flights) compared with Sept. 2008. Last month, total flights were down 2% and capacity was up 0.2%.

The month-by-month trend since the start of the economic downturn can be seen here.

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Sep 24

Getting from the ludicrously named Newark Liberty International Airport into Manhattan is relatively easy by a train connection from the airport to Penn Station, but it can take a while. Another option is taxi or car service, and that’s going to set you back at least $100 — and also could take well an hour (sometimes two), depending on traffic.

US Helicopter flies between Newark and Manhattan in only 8 minutes, and Continental is offering the trip for $63 one way, with no round-trip purchase necessary (count on itadding up to about $70 with fee). That’s a big discount off the usual $169 price US Helicopter charges. The discount is available on bookings with Continental made through Oct. 30, for travel through Jan. 15.

I’ve flown US Helicopter from Manhattan to JFK, by the way, and that’s not only amazingly quick, but it’s also a spectacular sightseeing ride. And even at regular prices, it’s competitive with a car service, which of course can take an hour or two, depending on traffic. Manhattan to JFK also takes only eight minutes.

Here, via Continental, are the codes to use for online booking of US Helicopter through this promotional offer:

For travel to and from Downtown Manhattan Heliport, enter code “JRB.”

For travel to and from East 34th Street Heliport, code “TSS.”

US Helicopter also offers complimentary helicopter service between Manhattan and Newark Liberty to BusinessFirst customers booked in J, D or Z classes of service.

US Helicopter flights operate hourly, Monday through Friday from 1:15 p.m. to 7:40 p.m. Flights connect to and from gate C-71 at Newark.

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Sep 21

A heads-up on Virgin America today:

“Virgin America’s 24-hour “Let’s Get Down to Business” fare sale starts today. Tickets must be purchased by 7 am PT on Sept. 22, 2009. [Coach] fares start as low as $29 from SFO to LAX and SFO to SEA. Long-haul [Coach] fares start as low as $89 from BOS to LAX, BOS to SFO, JFK to LAS and IAD to LAX.

“Main Cabin Select Instant Upgrade fares are available for as low as $199 from JFK to LAX, JFK to SFO, BOS to SFO, BOS to LAX, IAD to LAX and IAD to SFO. Tickets are on sale today on Virgin America’s website … All travel must occur occur between September 22 and September 30…

Details here, after the palaver about the magazine award.

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Sep 17


Southwest Airlines announced today that Rapid Rewards members who register for the “double credit”  promotion, book a flight, and travel between today and Oct. 31 will receive one bonus Rapid Rewards credit per one-way flight–no matter where they fly.

Members can rack up four credits when traveling a single roundtrip from any city that Southwest serves. Customers will be able to earn a free flight after four roundtrips during the promotional period (after receiving a total of 16 credits).

Ryan Green, Southwest’s loyalty marketing chief said,  “Our Business Select customers will especially enjoy this offer because they will receive 2.25 credits for short-haul flights and 3 credits for medium and long-haul flights.”

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Sep 17

[Updated, with comment from Spirit]

The U.S. Department of Transportation said today that it fined Spirit Airlines $375,000 for violations of rules on bumping passengers as part of a crackdown on “unfair and deceptive practices.”

On his blog, Transportation Secretary Ray LaHood said, “This civil penalty is a record for these kinds of violations. The message should be clear. We will continue to take enforcement action when airlines violate our rules.”

Spirit, said LaHood “bumped passengers from oversold flights but did not provide compensation or a written notice of passengers’ rights to compensation–as required by DOT rules protecting consumers.”

He added:

“Spirit also failed to resolve baggage claims within a reasonable time. In one case, they took 14 months to provide traveler compensation. The airline provided compensation only for baggage on the outbound leg of round-trip flights. And, the airline refused to accept responsibility for missing laptops and other items Spirit had accepted as baggage.

“Spirit also violated DOT rules requiring airfare ads to state the full price to be paid. The fares advertised omitted fees Spirit tacked onto base fares.

“Spirit violated several other DOT consumer-protection rules, all-in-all leading to Enforcement Office review of complaints filed by consumers, inspections at airports, and a review of Spirit’s records. The Office will follow-up its investigation in the coming year.

“This kind of treatment of America’s airline customers is not just a violation of rules; it’s unacceptable. This DOT says passengers deserve better, and they will receive better.”

Hmmm, strong words.

On its Web site, Spirit says the following:

“Obviously we are proud to have broken the rules and created arguably the best airline in the Americas. But don’t take our word for it; book Spirit for your next trip so you can see first hand what everyone is raving about. …”

Nah, I’m kidding. that isn’t Spirit’s comment on being fined for actually breaking the rules. It’s just the boilerplate it runs on its Web site every day.

Spirit’s comment on the DOT fine:

“Our new ultra low cost carrier model is the most consumer friendly airline model in the world.  … We have addressed all the core issues that caused customer experience challenges a few years ago including upgrading our computer systems and utilizing a new reservations partner. Additionally, once the TSA relocated their machines in FLL, the airport experience improved significantly. …”

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