Apparent Wrong-Way Airplane Departures Out Of Newark Liberty International

Potential Criminal Culpability Of The United States Federal Aviation Administration (FAA)

Dear Editor,
This is a letter sent to FBI Special Agent Dun, U.S. Attorney Christie, and Honorable Inspector General Scovel.

Newark, New Jersey

Dear Special Agent Dun, U.S. Attorney Christie, and Honorable Inspector General Scovel:

I am an attorney in New York who writes you as a private citizen and complainant. While I do not have direct personal knowledge of the subject events, I offer the following upon information and belief, and ask your response.

Exhibit "A" annexed hereto is an Associated Press news item, as picked-up and published two days ago by a Philadelphia, PA newspaper and other media sources. You likely have seen it and/or one or more similar articles. The article discusses jet airplanes departing in the wrong direction ("Wrong-Way Departures") out of Newark Liberty International Airport (EWR). The Wrong-Way Departures may be some of the same ones inquired about by Honorable Senator Frank Lautenberg in the February 8, 2008 FAA Hearings before the United States Senate Committee on Commerce, Science and Transportation (CST).

I am asking your respective offices for the unusual. I am asking for one federal agency to pursue another. However, I am sure you aware that the FBI is already investigating a different matter involving the FAA, relating to the apparent threats made against aviation inspector whistle-blowers, as discussed at Exhibit "B" hereinbelow.

I am asking you to please investigate, and then cause the criminal prosecution of, those in FAA management responsible for the EWR Wrong-Way Departures. I am asking for the criminal prosecution of those in FAA management responsible for enabling, facilitating, and/or defending the EWR Wrong-Way Departures. Upon information and belief, those FAA persons responsible for the EWR Wrong-Way Departures include without limitation one James (Jim) Peters, and also one Robert Allan ("Bobby") Sturgell, the latter whom is the Acting Administrator, for now, of the FAA. To the extent I become aware of the names of additional FAA persons that I have reason to believe are also participating in this wrongful conduct, I intend to forward those names to you.

My analysis of the article at Exhibit "A" is as follows. Notwithstanding their apparent protestations to the contrary, the FAA is deliberately withholding publication and communication of new departure flight paths out of EWR. This threatens the public safety and is, inter alia, morally reprehensible.

The FAA is thereby making it difficult if not impossible for those needing this information, to obtain this information - namely, pilots, and air traffic controllers (ATCs). This series of willful acts on the part of FAA management and personnel have already caused, and will continue to cause, confusion amongst pilots and ATCs alike, as to the direction in which certain planes should depart out of EWR. Apparently, according to the article annexed hereto as Exhibit "A", the Associated Press is in possession of, or has access to, audiotapes proving that confusion - tapes which I am certain are within your subpoena power or equivalent. The FAA-caused confusion is reported to have resulted in a number of planes departing EWR in the wrong direction. My objective is to do everything humanly possible to prevent the horrific result of one such plane crashing into another, or comparable unacceptable aviation catastrophe. I am a New Yorker and a proud American. I lost friends in the Towers. I have lived through enough air disaster for any one lifetime.

There are several theories as to why FAA would deliberately "sand-bag" pilots and ATCs, and intentionally prevent the pilots from being informed of the specifics of the new departure patterns until after the pilots are already on take-off tarmac. FAA may thereby hope to conceal tangible hard-copy evidence which: (1) alarms previously-unsuspecting NJ residents of previously-unexperienced overflights over their heads and homes; (2) proves that FAA is seeking to rush the NY/NJ/PHL Airspace Redesign ("Redesign") ahead of Government Accountability Office (GAO) audit results; and/or (3) proves that FAA failed to follow their own prior Environmental Impact Study (EIS) when changing Newark departure paths as part of the first of several planned phases of the Redesign.

Whatever the motivation, FAA's conduct is unacceptable and in my view, criminal. While I defer to you gentlemen as to the provisions of applicable federal criminal law and state criminal law that may apply - and while I would defer to New Jersey-admitted practitioners to opine on whether reckless endangerment statutes such as 2C:12-2 or other analogous NJ statutes or provisions of law might apply - I suggest the following:

"49 United States Code (U.S.C.) § 46318 (Title 49, Subtitle VII, Part A, Subpart iv, Chapter 463)

Interference with cabin or flight crew

(a) General Rule.- An individual who physically assaults or threatens to physically assault a member of the flight crew or cabin crew of a civil aircraft or any other individual on the aircraft, or takes any action that poses an imminent threat to the safety of the aircraft or other individuals on the aircraft is liable to the United States Government for a civil penalty of not more than $25,000". [Emphasis added].

I contend that if the factual accounts in Exhibit "A" are accurate, then Mr. Sturgell, his agency, and his underlings, including Mr. Peters, are taking action which regularly "poses an imminent threat to the safety of aircraft" and "individuals on the aircraft" which depart from and arrive at EWR. At minimum the FAA perpetrators should be fined.

Additionally, 49 U.S.C. §40103(b)(2) reads, in relevant part:

"The Administrator [of the Federal Aviation Administration] shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for - ...(B) protecting individuals and property on the ground" [Emphasis added].

It is herein asserted that Acting Administrator Sturgell's failure and refusal to cause the adequate publication and dissemination of the new EWR departure flight patterns to pilots, is a violation of 49 U.S.C. §40103(b)(2) and the Administrator's duty to protect us and our property on the ground.

I ask that you please look into this matter and, if possible and if appropriate, inform me as to what if any action you may be able to take to protect the health, safety and welfare of innocent residents of the Northeast like myself affected by this problem. I am appreciative of your time and your professional courtesies.

Respectfully submitted,

John J. Tormey III, Esq.
New York

EXHIBIT "A"
http://www.phillyburbs.com/pb-dyn/news/104-05102008-1532004.html

EXHIBIT "B"

http://cbs11tv.com/local/Southwest.Airlines.FAA.2.674307.html?detectflash=false