Scottish Statutory Instrument 2009 No. 440: The INSPIRE (Scotland) Regulations 2009

December 18, 2009 at 1:41 pm | In Remote Sensing Law | Leave a Comment

by P.J. Blount with the blog faculty

The Scottish Statutory Instrument 2009 No. 440: The INSPIRE (Scotland) Regulations 2009 (PDF) made on 10th December 2009, laid before the Scottish Parliament on 14th December 2009, and comes into force on 31st December 2009. According to the accompanying Executive Note:

The purpose of the instrument is to implement in Scotland Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE). This is expected to improve the ability of public authorities to share spatial data and make information based on this data more widely available through defining standards that are necessary to make the information more accessible.

H.R. 4403: To amend title 10, United States Code, to authorize space-available travel on military aircraft for unremarried surviving spouses of retired members of the uniformed services and the unremarried surviving spouses of veterans who died from a service-connected or compensable disability, and for the dependents of such spouses.

December 18, 2009 at 11:53 am | In Aviation Law | Leave a Comment

Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II Signed into Law

December 17, 2009 at 9:28 am | In Aviation Law | Leave a Comment

by P.J. Blount with the blog faculty

H.R.4217: Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II was signed into law by President Obama on December 16, 2009:

H.R.4217

One Hundred Eleventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the sixth day of January, two thousand and nine

An Act

To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II’.

SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Fuel Taxes- Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking `December 31, 2009′ and inserting `March 31, 2010′.

(b) Ticket Taxes-

(1) PERSONS- Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking `December 31, 2009′ and inserting `March 31, 2010′.

(2) PROPERTY- Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking `December 31, 2009′ and inserting `March 31, 2010′.

(c) Effective Date- The amendments made by this section shall take effect on January 1, 2010.

SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.

(a) In General- Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended–

(1) by striking `January 1, 2010′ and inserting `April 1, 2010′; and

(2) by inserting `or the Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II’ before the semicolon at the end of subparagraph (A).

(b) Conforming Amendment- Paragraph (2) of section 9502(e) of such Code is amended by striking `January 1, 2010′ and inserting `April 1, 2010′.

(c) Effective Date- The amendments made by this section shall take effect on January 1, 2010.

SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

(a) Authorization of Appropriations-

(1) IN GENERAL- Section 48103(7) of title 49, United States Code, is amended to read as follows:

`(7) $2,000,000,000 for the 6-month period beginning on October 1, 2009.’.

(2) OBLIGATION OF AMOUNTS- Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2010, and shall remain available until expended.

(3) PROGRAM IMPLEMENTATION- For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the 6-month period beginning on October 1, 2009, the Administrator of the Federal Aviation Administration shall–

(A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2010 were $4,000,000,000; and

(B) then reduce by 50 percent–

(i) all funding apportionments calculated under subparagraph (A); and

(ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title.

(b) Project Grant Authority- Section 47104(c) of such title is amended by striking `December 31, 2009,’ and inserting `March 31, 2010,’.

SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 40117(l)(7) of title 49, United States Code, is amended by striking `January 1, 2010.’ and inserting `April 1, 2010.’.

(b) Section 44302(f)(1) of such title is amended–

(1) by striking `December 31, 2009,’ and inserting `March 31, 2010,’; and

(2) by striking `March 31, 2010,’ and inserting `June 30, 2010,’.

(c) Section 44303(b) of such title is amended by striking `March 31, 2010,’ and inserting `June 30, 2010,’.

(d) Section 47107(s)(3) of such title is amended by striking `January 1, 2010.’ and inserting `April 1, 2010.’.

(e) Section 47115(j) of such title is amended by striking `January 1, 2010,’ and inserting `April 1, 2010,’.

(f) Section 47141(f) of such title is amended by striking `December 31, 2009.’ and inserting `March 31, 2010.’.

(g) Section 49108 of such title is amended by striking `December 31, 2009,’ and inserting `March 31, 2010,’.

(h) Section 161 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking `January 1, 2010,’ and inserting `April 1, 2010,’.

(i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking `January 1, 2010,’ and inserting `April 1, 2010,’.

(j) The amendments made by this section shall take effect on January 1, 2010.

SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

Section 106(k)(1)(F) of title 49, United States Code, is amended to read as follows:

`(F) $4,676,574,750 for the 6-month period beginning on October 1, 2009.’.

SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.

Section 48101(a)(6) of title 49, United States Code, is amended to read as follows:

`(6) $1,466,888,500 for the 6-month period beginning on October 1, 2009.’.

SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a)(14) of title 49, United States Code, is amended to read as follows:

`(14) $92,500,000 for the 6-month period beginning on October 1, 2009.’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

White House Press Secretary on Obama – Bolden Meeting

December 17, 2009 at 9:22 am | In Space Law | Leave a Comment

Q Robert, the President met with the NASA Administrator today to talk about the Constellation program. Are the two in agreement now about what to do with that program going forward?
by P.J. Blount with the blog faculty

From the Press Briefing by White House Press Secretary Robert Gibbs, 12/16/09:

MR. GIBBS: I have not gotten a readout from the meeting, but we’ll try to see what has come of their discussions.

I don’t know that we’ll have a ton on this today. Obviously the budget here is being put together for next year. I know the most previous budget that was passed represented an increase in spending for NASA, and the President believes that NASA plays a vital role going forward.

Q Has that decision been reached yet and the two are talking about it? I mean, even like prior to the meeting.

MR. GIBBS: Let me get a readout from the meeting before I –

H. J. Res. 65: Disapproving the rule submitted by the Federal Election Commission with respect to travel on private aircraft by candidates for the office of President, Vice President, and Senator

December 17, 2009 at 9:19 am | In Aviation Law | Leave a Comment

H. Res. 980: Of inquiry directing the Secretary of Homeland Security to transmit to the House of Representatives a copy of the Transportation Security Administration’s Aviation Security Screening Management Standard Operating Procedures manual in effect on December 5, 2009, and any subsequent revisions of such manual in effect prior to the adoption of this resolution.

December 17, 2009 at 9:14 am | In Aviation Law | Leave a Comment

Italy-Russia Space Research Cooperation

December 16, 2009 at 1:22 pm | In Space Law | Leave a Comment

by P.J. Blount with the blog faculty

From ASI:

Italy and Russia make an agreement for a super telescope
ASI and ROSCOSMOS sign a deal to cooperate on Millimetron at Villa Madama. Italy will construct the spectrometer, a key instrument

03 Dec 2009

Italy and Russia will jointly assemble the Millimetron super telescope. The announcement was made during the Italo-Russo summit at Villa Madama. In the presence of the heads of government of both countries, Enrico Saggese, the president of the Italian Space Agency, and Anatoly Nikolayevich Perminov, the head of the Russian agency ROSCOSMOS, signed an agreement regarding bilateral cooperation on the cosmological observation mission. As part of this agreement Italy will contribute the polarimetric spectrometer, one of Millimetron’s principal instruments.

Millimetron is a Russian space mission that plans to construct an orbiting observatory equipped with a mirror 12 metres in diameter, an absolute record in the history of space missions. The telescope will operate in a wide band of the electromagnetic spectrum, in the submillimetre, millimetre and far infrared (a wavelength between 20 µm and 20 mm) wavelength regions and will enable astronomers to observe the Universe with unprecedented sensitivity, angular resolution and spectro-polarimetric capacity. These electromagnetic bands are one of the most promising windows for observing the Universe, being full of scientific information and relatively unexplored. Millimetron will be able to throw light on the cold Universe, the cosmological structures on a wide scale, the nature of dark matter and dark energy, and the evolution of galaxy clusters, galaxies, stars and planets. The images at extremely high angular resolution obtainable in VLBI (Very Long Baseline Interferometry) mode, a technique that connects independent antennae as if they were part of one single, gigantic instrument) will allow us to study, with unprecedented clarity, compact and ultra-compact astronomical objects. The date for launching Millimetron is scheduled for 2018-2019.

The technical capacity of Millimetron, which, for the first time, will allow us to study the Universe and its structures in 3D by spatially resolved spectro-polarimetric analyses, requires an innovative and high performance instrument. As part of the collaboration agreement, Italy – under the coordination and supervision of the ASI – will supply expertise, feasibility studies, project design and construction of one of Millimetron’s most important and pioneering instruments: the FTS (SP-FTS) spectro-polarimeter. The instrument is an innovative evolution of the FTS spectrometer which has already successfully been designed for the Phase-A studio of the minor ASI mission, SAGACE.
The project and the feasibility study for the SP-FTS instrument have already received the full support of the scientific community concerned (the universities involved and INAF) and the PMI in the design and scientific use of the instrument. The SP-FTS instrument project, central for Millimetron, makes the Italian scientific community and the ASI principal technical and scientific partners in the Millimetron consortium, and in general will contribute to strengthening the multi-project collaboration between the ASI and ROSCOSMOS.

Millimetron is part of a long line of scientific and technical developments already initiated by the ASI alongside its support of the PLANCK and HERSCHEL missions and the two minor projects OLIMPO (a long duration stratospheric balloon flight) and SAGACE (a minor spectral-imaging surveying mission).
An international consortium is being formed to accomplish the Millimetron mission. At the moment, the Millimetron consortium is formed by the Millimetron International Scientific Committee (MISC) and the Millimetron Management Committee (MMC).

Japan – U.S. Open Skies Agreement Text

December 16, 2009 at 1:15 pm | In Aviation Law | Leave a Comment

by P.J. Blount with the blog faculty

The State Department has posted the text of the new U.S. – Japan Open Skies Agreement.

ESA and World Bank move towards closer collaboration

December 16, 2009 at 1:06 pm | In Space Law | Leave a Comment

by P.J. Blount with the blog faculty

From ESA:

ESA and World Bank move towards closer collaboration

15 December 2009
The World Bank is a vital source of financial and technical assistance to developing countries around the world. At first glance, this may not appear to be connected to space technology, but large development projects and the state of Earth’s environment are intrinsically linked.

Global climate change is also an increasingly important challenge in overcoming poverty and advancing development in the poorest countries and communities, which will suffer the earliest and the most.

These factors have led to a growing demand for information about the state of Earth’s environment – land, oceans, atmosphere, cryosphere. The global scale, consistency and timeliness of the required information means looking at new sources of measurements: the view from space.

From their unique vantage point, Earth observation (EO) satellites are powerful tools for monitoring the environment consistently around the globe, and over time. This information can be used to support the planning, implementation and assessment of a wide range of World Bank projects, many of which may be affected by climate change.

Given the increasing demand for geospatial information, ESA (hosted by the Sustainable Development Team) met with the World Bank in 2008 to raise awareness on how European EO missions and specialist information services available from European companies could support World Bank projects around the globe.

Following the visit, ESA carried out some initial demonstrations over the last year to illustrate the potential of EO information and methodologies for World Bank activities helping countries better adapt to climate change.

Monthly average temperatures and thermal regimes
Coral reef monitoring

Research indicates that coral reefs will not survive the rapid increases in global temperatures and atmospheric carbon dioxide forecasted for this century by the UN’s Intergovernmental Panel on Climate Change. Coral reefs are threatened by overfishing, coastal pollution, global warming and ocean acidification.

To help the World Bank monitor the health of coral reefs in the Caribbean, ESA led a project that generated state-of-the-art EO-based information to understand the capabilities of resistance and recovery from disturbances of coral reefs off the coast of Belize.

The project incorporated sea-surface temperature data from the Along-Track Scanning Radiometer and the Advanced Along-Track Scanning Radiometer on ESA’s ERS-2 and Envisat satellites, wind speed and direction data from the Active Microwave Instrument (AMI) on ERS-2 and imagery from NASA’s Landsat to identify coastline and reef-crest areas.

Using these data, scientists from the University of Exeter mapped a number of important factors influencing coral health in the Northern Mesoamerican Barrier Reef System (NMBRS). These included chronic and acute thermal stress regimes, wave exposure areas and reef connectivity (for larvae dispersion).

Results showed that those areas predicted to fare better under climate change (from a thermal perspective) are rare and scattered across the study area. Also, if over-fished, some areas are more vulnerable to becoming dominated by seaweed with a resultant loss of corals (for example, north of the barrier reef and the seaward side of the atolls). Finally, the reefs are in general well connected, facilitating the dispersion of larvae.

The demonstration confirmed EO data can be used to map the locations of reef habitats and to understand better what regions are more vulnerable and likely to experience coral bleaching.

“Space-based observations are an essential element of climate monitoring in Latin America and a complement to ground-based stations,” said Walter Vergara, Lead Engineer-Latin America Environment Department at the World Bank. “ESA instruments and observation protocols are particularly applicable to the type of information that needs to be collected over time in the Americas.”

Trends of erosion in Bangladesh

Trends of erosion in Bangladesh

Coastal change monitoring

According to the UN, Bangladesh is one of the few countries to experience potentially catastrophic consequences of climatic change. A critical variable that determines the vulnerability of the South Asian country to climate change impact is the magnitude of sea-level rise.

ESA carried out projects to demonstrate the potential of different EO data and methodologies for coastal change mapping to provide improved input data for models that try to describe the long-term effects of possible sea-level rise due to global warming.

Using EO data from the Disaster Management Constellation (DMC), SPOT, NASA’s Landsat Enhanced Thematic Mapper, ASTER, Ikonos, and QuickBird from the last decade over the majority of Bangladesh’s coastal region, scientists were able to illustrate how EO can contribute to coastal monitoring.

The situation is very complex owing to large tidal effects in the area. The individual annual erosion and accumulation rates observed from EO satellites show strong spatial variability, as seen in the image above.

“The coastline of Bangladesh is extremely dynamic, making it difficult to predict how sea-level rise may impact the southern part of the country,” said Winston Yu, Water Resources Specialist at the World Bank. “These preliminary results from EO are interesting and merit further investigation into the accretion and erosion processes occurring.”

ESA and World Bank discussions

ESA and World Bank discussions
Coastal Cities

ESA is now starting an additional project to quantify land subsidence from EO over the last decade for the city of Alexandria, Egypt, which extends widely along the coast of the Mediterranean Sea. This information will be used, together with many other sources, in a World Bank study to assess the exposure and risk of coastal cities to the possible effects of climate change in the future.

“There is very little scientific evidence of the subsidence that has been taking place along the Nile Delta coastline, and whether the city of Alexandria has been affected as well,” said Anthony Bigio, senior urban specialist at the World Bank for the Middle East and North African region. “We therefore very much look forward to EO filling this gap, and we are sure that it will be an important input for the study we are carrying out on climate change adaptation and natural disaster preparedness in the coastal cities of North Africa.”

Next Developments

These initial demonstrations have raised interest from the World Bank in European EO capabilities, and further requests for support are in the pipeline. Discussions are under way for ESA to support additional projects such as sea-level rise in the Caribbean, forest degradation in the Amazon, and water resources management in the Maghreb and Middle East regions.

There are many other possibilities for EO information to be put to use in World Bank activities; both organisations look forward to a longer-term and more formalised form of collaboration.

B-299145.7; B-299145.8, Lockheed Martin Systems Integration‑Owego; Sikorsky Aircraft Company‑‑Modification of Recommendation, December 15, 2009

December 16, 2009 at 1:04 pm | In Aviation Law | Leave a Comment

by P.J. Blount with the blog faculty

A new bid protest decision has been issued by the GAO:

B-299145.7; B-299145.8, Lockheed Martin Systems Integration-Owego;
Sikorsky Aircraft Company–Modification of Recommendation, December
15, 2009
http://www.gao.gov/decisions/bidpro/2991457.htm

Lockheed Martin Systems Integration-Owego (LMSI) and Sikorsky
Aircraft Company request that we modify our recommendation in our
decision Lockheed Martin Sys. Integration-Owego; Sikorsky Aircraft
Co., B299145.5, B 299145.6, Aug. 30, 2007, 2007 CPD para. 155, in
which we sustained protests by LMSI and Sikorsky challenging the
corrective action undertaken by the Department of the Air Force in
response to our earlier decision, Sikorsky Aircraft Co.; Lockheed
Martin Sys. Integration-Owego, B299145 et al., Feb. 26, 2007, 2007
CPD para. 45. In this latter decision, we sustained LMSI’s and
Sikorsky’s protests against the Air Force’s award of a contract to
The Boeing Company under request for proposals (RFP) No.
FA8629-06-R-2350, for the Combat Search and Rescue Replacement
Vehicle (CSAR-X). LMSI and Sikorsky request that we recommend
reimbursement of the costs of preparing their proposals.

We deny the requests.

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