Attorney General James Urges U.S. Department of Transportation to Address Widespread Airline Cancelations and Delays

 

AG James Calls on Federal Aviation Administration to Prevent Airlines from Selling Tickets for Flights They Cannot Provide on Time

 New York Attorney General Letitia James today urged the U.S. Department of Transportation (DOT) to take action to address widespread airline cancelations and delays, which have disrupted travel plans for millions of consumers nationwide. During the first half of 2022, 2.8 percent of flights were canceled, a 33 percent increase from the same time in 2019. New York City area airports have had the highest summer cancelation rates in the country, with Newark Liberty International ranking first in cancelations, LaGuardia ranking second, and JFK International ranking ninth. Airlines appear to be advertising and booking flights they do not have the personnel to operate, which has caused delays and forced consumers to incur additional travel costs. In a letter to U.S. Transportation Secretary Pete Buttigieg, Attorney General James calls on the Federal Aviation Administration (FAA) to implement more stringent measures to keep airlines in line and remedy any harm to consumers.

“Airlines knowingly advertising and booking flights they do not have the adequate staff to operate are flying in the face of the law,” said Attorney General James. “Travelers are forced to miss important events, pay more, or change their entire travel plan because airlines are failing at their most basic function. The skyrocketing number of flight cancelations and delays in airports across the country is unacceptable and travelers have endured too much confusion and frustration. I urge the U.S. Department of Transportation to increase its oversight and regulation of airlines that are skirting the rules and causing disruptions for travelers.”

The Office of the Attorney General (OAG) has received numerous complaints from New York consumers who suffered cancelations from various airlines, including passengers who were offered rescheduled flights as late as five days after their canceled flights. One couple whose flight was canceled was left with no choice but to drive from Buffalo to Newark so that they could still make their connecting international flight. A mother from Rochester who was visiting Florida with her two young children had her flight canceled then rescheduled to the following day only for that flight to be canceled as well. The family was stranded in the airport, having already checked their children’s car seats with the airline and needed to return home due to their infant’s specialized dietary needs. The family had little choice except to book flights on another airline, spending more than $1,100 to do so — for which they were not compensated. 

Attorney General James’ letter explains that airlines have engaged in a practice of selling tickets while knowing that there is an unacceptably high risk they do not have the adequate personnel to provide all the flights they have advertised and booked. The airlines then keep the money paid by the passengers for the originally reserved flights as if the airlines had provided the services they promised.

The DOT, which oversees the Federal Aviation Administration (FAA), has extensive powers to regulate airlines and improve their practices. In her letter, Attorney General James provides recommendations to the FAA to prevent cancelations and delays, including requiring airlines to:

• Advertise and sell only as many flights as they have adequate personnel to fly and support,
• Provide full or partial refunds when flights are canceled or rescheduled, and,
• Provide passengers additional payments to compensate them for the additional costs they incur when dealing with flight delays and cancelations, including payments for hotel stays, taxi fares, car rentals, and gasoline.

Today’s letter is the latest action Attorney General James has taken to push the federal government to improve airline service and protect the rights of airline passengers. In September 2021, Attorney General James urged Secretary Buttigieg and FAA Administrator Stephen Dickson to take action to end airline “slot-squatting,” a practice where airlines occupy flight slots at airports but under-utilize them, holding on to slots simply to prevent them from being used by their competitors. In her September 21 letter, Attorney General James urged FAA to adopt a use-it-or-lose-it policy that would prevent the slot-squatting practice and instead allocate slots to airlines that would best use the slots to provide service to passengers.

General Contractor And Real Estate Developer Arraigned In Connection With Worker Death On Construction Site In Poughkeepsie

 

OneKey, LLC, and Finbar O’Neill Arraigned on Charges of Willfully Violating OSHA Regulations Resulting in Death of Construction Worker

 Damian Williams, the United States Attorney for the Southern District of New York, and Jonathan Mellone, the Special Agent-in-Charge of the New York Region of the Office of the Inspector General, Department of Labor (“DOL-OIG”) announced today that ONEKEY, LLC, a New Jersey construction company, and its principal, FINBAR O’NEILL, were charged by Information with willfully violating Occupational Safety and Health Administration (“OSHA”) regulations, resulting in the death of a construction worker (“Victim-1”) in Poughkeepsie, New York, on or about August 3, 2017.  The Information charges that ONEKEY and O’NEILL built and placed construction loads on a concrete wall without consulting with a qualified person to determine whether the wall could withstand the weight.  The Information also charges that ONEKEY and O’NEILL failed to warn workers about the dangers of the wall.  The wall collapsed, killing Victim-1.  ONEKEY and O’NEILL were arraigned on the charges this afternoon before United States Magistrate Judge Judith C. McCarthy.

U.S. Attorney Damian Williams said: “As alleged, OneKey, a construction company, and its principal, Finbar O’Neill, endangered the safety of their workers by disregarding regulations and taking shortcuts to sidestep their safety obligations. This conduct led to the death of a worker on a construction site. Today’s charges should serve as a reminder to small business that failure to comply with safety regulations can lead to unnecessary and preventable tragedy.”

DOL-OIG Special Agent-in-Charge Jonathan Mellone said:  “An important part of the mission of the Office of Inspector General is to investigate allegations of criminal misconduct related to U.S. Department of Labor (DOL) programs. We will continue to work with our law enforcement partners and DOL’s Occupational Safety and Health Administration to hold accountable those who jeopardize workers’ safety.”

As alleged in the Information[1]:

In 2017, ONEKEY and O’NEILL implemented a soil compaction plan at a construction site at 1 Dutchess Avenue in Poughkeepsie.  The soil compaction plan involved piling large quantities of dirt, called “surcharges,” on top of the sites of three future buildings.  An engineering firm designed a plan for the use of the surcharges.  ONEKEY and O’NEILL did not follow this plan.  Instead, they built a wall to hold back one of the surcharges, so workers could get started on the buildings next to it.  ONEKEY and O’NEILL did not consult with any qualified person to see if the wall could withstand the weight to be placed on it by the surcharge. 

While people were working next to the wall, ONEKEY kept using construction machinery to add dirt to the surcharge pressing up against the wall.  The people working near the wall were not warned about the dangers it created.  ONEKEY and O’NEILL heard from people working at the site that the wall was not safe.  They did not fix the wall.

On August 3, 2017, workers complained that construction machines were driving on top of the surcharge, adding dirt to it.  Later that day, the wall collapsed.  As it fell, Victim-1 ran away from the wall, but he could not get away in time and was killed.

ONEKEY, LLC, a New Jersey corporation, is charged with one count of willful violation of OSHA regulations resulting in death.  The foregoing count carries a maximum fine of $500,000. 

FINBAR O’NEILL, 57, of Paramus, New Jersey, is charged with one of count of willful violation of OSHA regulations resulting in death. The foregoing count carries a maximum sentence of six months in prison and a maximum fine of $250,000.  

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding work of OSHA and DOL-OIG.

The charges contained in the Information are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Information, and the description of the Information set forth herein, constitutes only allegations, and every fact described therein should be treated as an allegation.

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbors,

Thank you for joining us for another week in review.

This week, we celebrated the contributions of Dominicans in our beloved Borough with The Bronx Dominican Parade on the Grand Concourse and an event at Borough Hall in partnership with La Gran Parada Dominicana De El Bronx. Thank you to everyone who joined us and thank you to Felipe Febles for his commitment to the advancement of Dominicans in the Bronx and in the Dominican Republic. 

We also attended the ribbon cutting of Bridge Playground, a $2.5M investment that includes two new basketball courts, new playground equipment, swings, lighting, seating, and new fitness equipment. When I was in the New York City Council, I allocated $500,000 from my budget for the Highbridge Playground and it was beautiful to witness this park come to life.

On Sunday, we gathered for our Summer Concert Series! Every week is better than the last and I am grateful to our performers for always giving it their all. Join us next Sunday for another day of singing and dancing.

If you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

IN THE COMMUNITY Thank you Commissioner Kim for joining us on our tour of the Fordham Road BID.  Our Business Improvement Districts (BID) are on the frontlines in our neighborhoods providing supplementary sanitation, public safety services, marketing for events, advocacy for capital improvements, and so much more.  BID’s are indispensable to the health and success of our small businesses,  and we thank them for all that they do for our communities.  To learn more about the Fordham Road BID, you can call them at (718) 562-2104. Thank you Council Member Marjorie Velazquez for joining me to discuss safety issues in our RAIN Boston Road Senior Center. We are committed to working with RAIN to make sure that all of our seniors are safe and secure in their homes. Thank you CM Velazquez, Bronx District Attorney Clark, NYPD 49th Precinct, and DFTA for your commitment to the safety of our older adults. The Dominican Day Parade in the Bronx was incredible! The Dominican community always shows up and shows out. Thank you for having me! ¡El desfile dominicano en el Bronx fue increíble! La comunidad dominicana siempre representa bien! ¡Gracias por una parada inolvidable! National Night Out was a success! Thank you for having me; thank you to our law enforcement officers for their dedication and commitment to our city and Bronx community. See you all next year! ICYMI BP Gibson on Traffic Safety, the Monkeypox Outbreak & Tech Equity

MAYOR ADAMS AND CHANCELLOR BANKS ANNOUNCE ADDITIONAL FUNDING FLEXIBILITY FOR SCHOOLS

 

New York City Mayor Eric Adams and New York City Department of Education (DOE) Chancellor David C. Banks today announced additional flexibility of existing funding for schools for the upcoming schools year. Mayor Adams and Chancellor Banks are allowing schools more flexibility to use $100 million in federal stimulus funded academic recovery funds and are simultaneously making available up to approximately $50 million in funds reserved for school budget appeals and adjustments — with $34 million in school budget appeals being sent to schools today.

 

“As two former New York City public school students ourselves, Chancellor Banks and I know there is nothing more important than providing the children in our public schools the resources they need to learn, grow, and thrive. The truth is that the city is facing a 120,000 drop in student enrollment, which had clear budget implications since February when the preliminary budget was released,” said Mayor Adams. “We always said we would meet the needs of our students, and after hearing from principals and other community leaders that they need additional time to adjust to the decline in enrollment, we are announcing greater flexibility in this year’s school budget by granting immediate access to existing academic recovery funding up to $100 million and immediately granting up to $50 million in the budget appeal process. To be clear, this is not new money but a reallocation of existing funds. We are committed to providing every available resource to our students. Still, we also must acknowledge the changing conditions that so many are unwilling to recognize and, just as importantly, that there is no hidden pool of city money or additional federal stimulus funds, as has been previously inaccurately reported, that we can tap. We will continue to fight for additional resources from our federal and state partners, but if we don’t get those additional funds, the truth is we are in for harder times ahead. This isn’t a problem we can solve alone, but one that we must work to solve it together.”

 

“We have said from day one that enrollment in our public school system is a major concern that has a negative impact on our school systems’ funding. We initially provided $160 million to schools to support the transition to their lower enrollment levels, but our students deserve leadership that can act both responsibly and flexibly to meet their needs,” said DOE Chancellor Banks. “After listening to our school leaders, educators, and, most importantly, our families — we are moving forward with providing additional flexibility and making available the funds we have access to. This will help schools continue to serve our students as we work to transition to new enrollment levels. We must still focus on reversing enrollment declines by winning back families, but that does not mean we cannot act today to provide more relief to our schools.”

 

The American Rescue Plan (ARP-ESSER) provided school districts with funding to respond to the COVID-19 pandemic. As part of New York City’s ‘Academic Recovery Plan,’ money was allocated to schools based on the number of students in foster care, students in shelter, students in temporary housing, students who are English Language Learners (ELL), newcomer and long-term ELLs, students with interrupted/inconsistent formal education, students with disabilities, and students with economic need. 

 

At the school level, these funds were previously earmarked for specific academic purposes, like after-school tutoring, but — because they are temporary funds — were not permitted to be used on staff. DOE has lifted those restrictions and is allowing $100 million of these funds to be used for general staffing in order to give schools the option to retain staff who otherwise were being excessed to other schools, or hire other staff. 

 

Every year the DOE puts aside money to address budget appeals and adjustments. This money ensures that the DOE can meet the needs of schools as they arise over the summer and into the fall. Appeals funding is distributed based on the financial condition of each school compared to schools of a similar size and considers additional criteria such as unique conditions at each school. Due to ongoing litigation concerning the city’s Fiscal Year 2023 budget and an accompanying temporary restraining order in an ongoing lawsuit, this appeals funding was held. With the new school year approaching, the city has directed the immediate release of the up to approximately $50 million set aside for appeals to schools. Of those funds, $34 million in appeals funding has already been released. This sum is larger than previous years in recognition of the uncertainty many schools are facing due to pandemic-related disruptions. 

 

Air Quality Health Advisory Issued for New York City Metro and Lower Hudson Valley

 

In Effect for Thursday, August 4, 2022

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. Mary T. Bassett issued an Air Quality Health Advisory for the New York City Metro and Lower Hudson Valley regions for Thursday, August 4, 2022.  

The pollutant of concern is: Ozone 

The advisory will be in effect 11 a.m. through 11 p.m. 

DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern. 

OZONE 

Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. Automobile exhaust and out-of-state emission sources are the primary sources of ground-level ozone and are the most serious air pollution problems in the northeast. This surface pollutant should not be confused with the protective layer of ozone in the upper atmosphere. 

People, especially young children, those who exercise outdoors, those involved in vigorous outdoor work and those who have respiratory disease (such as asthma) should consider limiting strenuous outdoor physical activity when ozone levels are the highest (generally afternoon to early evening). When outdoor levels of ozone are elevated, going indoors will usually reduce your exposure. Individuals experiencing symptoms such as shortness of breath, chest pain or coughing should consider consulting their doctor. 

Ozone levels generally decrease at night and can be minimized during daylight hours by curtailment of automobile travel and the use of public transportation where available. 

New Yorkers also are urged to take the following energy-saving and pollution-reducing steps: 

• use mass transit or carpool instead of driving, as automobile emissions account for about 60 percent of pollution in our cities; 
• conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips; 
• turn off all lights and electrical appliances in unoccupied areas; 
• use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees; 
• close the blinds and shades to limit heat build-up and to preserve cooled air; 
• limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters; 
• set refrigerators and freezers at more efficient temperatures; 
• purchase and install energy efficient lighting and appliances with the Energy Star label; and 
• reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking. A toll-free Air Quality Hotline (1-800-535-1345) has been established by DEC to keep New Yorkers informed of the latest Air Quality situation.

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website. To stay up-to-date with announcements from DEC, sign up for DEC Delivers: DEC's Premier Email Service.

The Thursday, August 4, Air Quality Health Advisory regions consist of the following: New York City Metro, which includes New York City, Rockland, and Westchester counties, and Lower Hudson Valley, which includes Sullivan, Ulster, Dutchess, Orange, and Putnam counties.