“LEGAL ISSUES ASSOCIATED WITH AN RSA PROJECT” Mark Bautista Deputy General Manager Monterey Peninsula Airport David Prentice Scott Huber Stephanie Alford.

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Presentation transcript:

“LEGAL ISSUES ASSOCIATED WITH AN RSA PROJECT” Mark Bautista Deputy General Manager Monterey Peninsula Airport David Prentice Scott Huber Stephanie Alford Cota Cole LLP AIRPORT MANAGEMENT SHORT COURSE JANUARY 28, 2012 MONTEREY, CALIFORNIA

Process Overview Why an RSA? FAA AC 150/ MRY RSA Study 2007 Going from 7 to 17 Alternatives Environmental Review Design Construction

American Airlines Flight 1420 Little Rock, Arkansas - June 1, 1999 Southwest Airlines Flight 1248 Chicago Midway Airport – Dec. 8, 2005 Aircraft overruns during takeoff or landing have been a recurring safety problem for decades. Cessna Citation 550, Key West International Airport, November 3, MONTEREY REGIONAL AIRPORT

Yeager Airport EMAS Installation, Charleston, WV MONTEREY REGIONAL AIRPORT

January 2010 Bombardier CRJ-200, aborted takeoff Yeager Airport, Charleston, WV MONTEREY REGIONAL AIRPORT

A Runway Safety Area (RSA) is defined as “the surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway.” Runway 10L-28R currently meets RSA requirements. Based on the types of aircraft utilizing Runway 10R-28L, the RSA for this runway should be 500’ wide and extend 1,000’ beyond the runway ends and 600’ prior to the landing threshold. Runway 10R-28L does not meet RSA requirements. WHAT IS A RUNWAY SAFETY AREA? MONTEREY REGIONAL AIRPORT

PROPOSED ACTION MONTEREY REGIONAL AIRPORT

Congressional Passage of H.R in 2006 “That no later than December 15, 2015, the owner or operator of an airport certified under 49 United States Code shall improve the airport’s runway safety areas to comply with the FAA design standards required by 14 CFR Part 139.” MONTEREY REGIONAL AIRPORT

Getting the Team Together In-house Staff  Interdepartmental Professional Services Public Agencies

RSA Outreach Off-Airport Stakeholders:  Community Organizations  Homeowner’s Associations  Chambers/Business Orgs  Service Clubs

RSA Outreach Cont’d On-Airport Stakeholders:  Air Carriers  Business Jets/FBOs  Transient Pilots  Concessions/Hangar Tenants

RSA Outreach Cont’d Other Stakeholders:  Federal Aviation Administration Facilities & Equipment Airport District Office  Caltrans Highways

Stakeholder Issues Runway Length  Use What’s Available  Find Out What You Need Instrument Landing System (ILS)  Timing Is Everything

Stakeholder Issues Cont’d Construction Impacts Noise Timing & Funding  FAA Funding Cycle  Joint Accountability People

FORMS OF OUTREACH MONTEREY REGIONAL AIRPORT

NEPA – RSA Projects are Federally Funded – The “No Action” Alternative – Working with the FAA CEQA – Initial Study – Determining Significant Impacts Fair Argument Standard – Preparing the EIR MONTEREY REGIONAL AIRPORT Environmental Review Process

Mitigation Measures Statement of Overriding Considerations Consultants Utilizing the Resources of Private Consultants Secure Communication Systems MONTEREY REGIONAL AIRPORT BE OVER-INCLUSIVE

Get Your Agency on the Same Page Point Person Every Opportunity for Comments System for Responding (Even to Late Comments) Agency Documents MONTEREY REGIONAL AIRPORT Public Review Period

People Will Always Disagree Do Your Due Diligence MONTEREY REGIONAL AIRPORT “FINAL” WORDS