ACI-NA Weekly Legal Briefing No. 29


News from ACI-NA Committees

October 28, 2011





1775 K Street, NW #500
Washington, DC 20006
Phone: 202 293-8500
Fax: 202 331-1362


ACI-NA’s Weekly Legal Briefing                                                 

Volume 2011, Issue 29

Week of October 24 – 28, 2011

Legal Affairs Committee Members:

The following matters are highlighted for your review and information.

Fall Legal Conference           This is our first issue since returning to our offices following ACI-NA’s 20th Annual Conference in San Diego, October 17-19, 2011.  The Legal Affairs Committee held its Fall Legal Conference at the San Diego Convention Center from October 15-16, covering a number of important legal issues of importance to airport lawyers.  Presentations from the Conference are available on the ACI-NA website at:

In addition, photos featuring the lively discussions that took place during the Legal Steering Group Meeting and the opening session of the Legal Conference are available at

Litigation of Interest:

The U. S. Court of Appeals for the District of Columbia Circuit vacated an FAA ruling in an opinion issued on October 28, 201, in the case of Town of Barnstable, Massachusetts  vs. FAA.  The DC Circuit vacated an FAA determination of no hazard for the Cape Wind energy project in Nantucket Sound in that decision.  The case is interesting both because it casts serious doubt on the controversial Cape Wind Project and because it finds serious fault with the FAA’s approach to Part  77 hazard determinations.  In short, the Court found that FAA had failed to follow its own Handbook when the FAA found the project not to be a hazard solely because the wind turbines were less than 500 feet tall, and therefore not “obstructions.”  The Court held that the FAA was required to analyze whether the 130, 440-foot tall turbines would interfere with air navigation based on their actual impacts. 

Eric Pilsk of ACI-NA Associate law firm Kaplan Kirsch & Rockwell represented the town of Barnstable in the case.

Regulatory Matters:

  • On October 24, 2011, the Federal Register included the DOT’s Notice of Procedures for the Reallocation of Slots at Ronald Reagan Washington National and LaGuardia Airports following its approval of slot swaps between US Airways and Delta        


  • On October 17, 2011, the Federal Register included the DOT/FAA’s  Notice of Submission Deadlines for Schedule Information for San Francisco International Airport for the Summer 2012 Scheduling Season as the FAA announced the designation of San Francisco International  Airport as a Level 2 airport under the International Air Transport Association (IATA) Worldwide Slot Guidelines effective for the Summer 2012 scheduling season.
  • Over 400 trade associaitons from about 40 states joined in the Ceneter for association Leadership's (`ASAE's) Letter Comments on the Office of Government Ethics' proposed rule essentially limiting government employee attendance at paid trade association events.  ACI-NA signed ASAE's Comments, which were submitted on Tuesday, October 25, 2011.  The deadline for submission of comments to the Office of Government Ethics on the proposed rule is November 14, 2011.

Recent Events of Interest

The Transportation & Transportation Security Law Section of the Federal Bar Association held its 2011 Counsels' Reception in Honor of the Transportation and Transportation Security Law General Counsels and Chief Counsels on October 18, 2011, from 6:00 to 7:30 p.m., at the Rayburn House Office Building. 

The Transportation Security Lawyer of the Year Award was presented to:

Gillian Flory, Assistant Chief Counsel, Transportation Security Administration


Upcoming Conferences

ACI-NA Airports Concessions Conference

Don't miss out on your chance to network with other airport concessions colleagues!  In addition to networking opportunities, this all-in-one conference offers the latest in retail and restaurant design, merchandising trends, and much more. Learn about exciting innovations in airport terminal concession concepts and revenue strategies!  See the comprehensive  Conference Agenda!

Speed Dating
Participate in this exciting networking session where airports, concession operators, and small business owners can meet and exchange contacts for future business relationships.

Please click here to sign up for Speed Dating. The final deadline to register for Speed Dating will be November 7, 2011.

Airport Tour
To attend the tour of Hartsfield-Jackson Atlanta Airport including the new Maynard H. Jackson International Terminal, please click here to sign up for the tour no later than November 7, 2011.

The Business Diversity Committee will meet on Monday, November 7 from 10:30 a.m. until 1 p.m. during immediately prior to the Concessions Conference in Salons ABC of the Loews Hotel in Atlanta.    Business Diversity Committee Agenda as of October 28, 2011

If you have information of interest to share, forward it to me by COB on Thursday of each week.

  Send it to:

Have a great weekend!


Monica R. Hargrove
General Counsel

Direct: (202) 861-8088       






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