Eastern Region Airports Conference March 2010 Federal Aviation Administration 0 0 Presented to: Eastern Region Airports Conference By: David Cushing Date: March 3, 2010 Federal Aviation Administration Planning Issues & Compliance Problems

Eastern Region Airports Conference March 2010 Federal Aviation Administration 1 1 Overview The Planning/Compliance Relationship Ownership, Rights and Role and the question of Eligibility Planning and the Grant Assurances

Eastern Region Airports Conference March 2010 Federal Aviation Administration 2 2 The Planning/Compliance Relationship Grant Assurance 29 Compliance compels planning: Sponsor and FAA know the role of the airport in the system Sponsor and FAA know current conditions Sponsor and FAA know its plan for its development Users know what to expect THOU SHALT PLAN & IT WILL BE GOOD Planning questions need a planning answer, not a compliance fix: Measure impacts of changes Demand and user needs Capacity Grant Assurance 29 allows FAA to compel sponsor to fix anomalies

Eastern Region Airports Conference March 2010 Federal Aviation Administration 3 3 The Planning/Compliance Relationship Planning actions must pursue the public’s interest in civil aviation. THOU SHALT PLAN & IT WILL BE REASONABLY GOOD In large part, the grant assurance describe the public’s interest in civil aviation in broad abstract terms: Reasonable access and non-discrimination No exclusive right Protecting Rights and Powers and Preserving Revenue and Assets Compatible Land-Use and Hazard Mitigation Otherwise, an airport sponsor retains its proprietary rights to be what it wants to be.

Eastern Region Airports Conference March 2010 Federal Aviation Administration 4 4 The Planning/Compliance Relationship Planning actions must adhere to appropriate procedures and be accurate: Airspace Studies Obstacle Analysis Environmental Processes Change in Use ALP Changes Releases Notice to Public ARP-1 Approval Exhibit A Apart from compliance, a plan has to make sense to get a project funded.

Eastern Region Airports Conference March 2010 Federal Aviation Administration 5 5 Eligible Sponsor Should the Airport even be in the NPIAS? Is the airport sponsor able to legally and financially accept and carry out all AIP obligations? Who is the sponsor? The City? The County? The Authority? What is the difference between owning the airport and operating it? Who does what? Any agreement between the airport owner and the airport operator?

Eastern Region Airports Conference March 2010 Federal Aviation Administration 6 6 Ownership and Use Issues Is the airport publicly owned? Who is the sponsor/owner? Is the airport open to the public? Can the airport fulfill its role in the system plan? Examples of problems with “Open to the Public” Joint Governance Family ownership of private airports Neighbors with control

Eastern Region Airports Conference March 2010 Federal Aviation Administration 7 7 Grant Assurance 4, Good Title Basic eligibility issue Long-term sponsor leases (minimum 20 years) might be OK, but must consistent with other Federal obligations Transfers and Airport Authorities can be problematic Private airports and family estates can be problematic

Eastern Region Airports Conference March 2010 Federal Aviation Administration 8 8 Grant Assurance 29, Airport Layout Plan PRESENT…….. PAST……… FUTURE….. CONSISTENCY Aeronautical and Non-aeronautical designations- notations on drawing What kinds of aeronautical activity and where is sponsor prerogative Ensure consistency and continuity with previous ALP and Exhibit A Actions are consistent with maintaining and developing airport’s future Plans aren’t perfect and can change: Sponsor’s propose changes to ALP on NO: “It’s not on the plan so we cant.” NO: “It’s on, so we must.”

Eastern Region Airports Conference March 2010 Federal Aviation Administration 9 9 What does the ALP say about this?

Eastern Region Airports Conference March 2010 Federal Aviation Administration 10 Reasonable Access means open to the public. Nondiscrimination means not planning away certain activities, or unreasonably burdening them by planning. oWurtsboro are good examples Reasonable access without unjust discrimination oPPR not OK oAircraft less than 12,500 lb. not OK oMilitary aircraft cannot mix with civilian traffic…not OK However proprietary distinctions and market focus is ok oThermco Grant Assurance 22, Access & Nondiscrimination

Eastern Region Airports Conference March 2010 Federal Aviation Administration 11 Grant Assurance 5, Rights and Powers Do not commit to agreements that conflict with Federal obligations 99-year leases Purchase agreements involving airport property Other lease terms and easements Caution with through-the-fence agreements See Part JetAway Aviation v. Montrose County Caution with bad land uses, like parks & rec facilities

Eastern Region Airports Conference March 2010 Federal Aviation Administration 12 “The airport runway is the Most important mainstream In any town.” -Norm Crabtree ?

Eastern Region Airports Conference March 2010 Federal Aviation Administration 13 Grant Assurance 20, Hazard Removal and Mitigation No wildlife attractants No Part 77 hazards (manmade or natural) Avoid electromagnetic interference & light on approach Relationship to releases – Insert appropriate terms and conditions for avigation and hazard removal Record terms and conditions to encumber released land

Eastern Region Airports Conference March 2010 Federal Aviation Administration 14 Where’s the Obstacle?

Eastern Region Airports Conference March 2010 Federal Aviation Administration 15 Grant Assurance 21, Compatible Land Use Compatible land use On or immediately Adjacent to public-use Airport – Take care when releasing Airport property for residential use Best efforts to pursue compatible land use should include: Don’t encourage; be aware of uses; object to poor uses; fight poor uses when appropriate; mitigate impact; limit growth of incompatible uses. Compatible Land Uses are not just about noise impact, but rather some land- uses become hostile to airports for other reasons. Focus on Livability and Sustainability. I’ll be learning more about this soon.

Eastern Region Airports Conference March 2010 Federal Aviation Administration 16 “The airport runway is the Most important mainstream In any town.” -Norm Crabtree Housing is an incompatible use of the RPZ

Eastern Region Airports Conference March 2010 Federal Aviation Administration 17 “The airport runway is the Most important mainstream In any town.” -Norm Crabtree Incompatible Land Uses: they’re cute when they’re young.

Eastern Region Airports Conference March 2010 Federal Aviation Administration 18 Grant Assurance 23, Exclusive Rights Land & a Plan Can put you in noncompliance accidentally or on purpose. Planning decisions should take Ex Rights into consideration ALP land designations must ensure that there is sufficient property to avoid exclusive rights violations Relationship to releases- Do not release too much, have a concrete plan ALP designations- Have good reason to re-designate a non-aeronautical use Watch out for Right of First Refusal Review operating leases with management companies Understand Proprietary Exclusive Rights concept: Business plan

Eastern Region Airports Conference March 2010 Federal Aviation Administration 19 “The airport runway is the Most important mainstream In any town.” -Norm Crabtree Military Facilities Availability, Needs, Development and Reuse

Eastern Region Airports Conference March 2010 Federal Aviation Administration 20 Military Facilities Planning/Compliance Questions Availability: What former military facilities are available for civilian/obligated use? Will all civilian access be granted? Do we have a responsible sponsor, legally and financially? Needs: What are the community’s needs? Will the Military Facility replace an airport? Must the replaced airport be closed? Development: What alterations to the new asset or preparations will be needed to serve the planned needs? Can MAP program develop these? Rights and Powers? Re-Use: If an old airport is traded-in, how will financial assets be utilized (AIP, Surplus Property)? ARP-1 approval of closure and re- use on a case-by-case basis.

Eastern Region Airports Conference March 2010 Federal Aviation Administration 21 Military Facilities BRAC (today’s Surplus Property vehicle) – But, EDC or PBC Civilian airport with military operations or military airport with civilian operations… Control of airfield - Westover, MA – Pease AFB, NH Review underlying Surplus Property Conveyance Should the Airport get AIP grants Must review all leases and Joint Use Agreements Ownership – Use - Any restrictions? - Dover AFB Upcoming 2005 BRAC- Willow Grove, PA and Cannon, NM