Emails from Heidi Williams, AOPA Senior Director, Airports explaining the FAA's Intentions, March 2009

From: Williams, Heidi
Sent: Thursday, March 26, 2009 11:05 AM
To: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cc: ASN
Subject: RE: DIJ/ID Airport Access


Raymond,

I also meant to share some resources we discussed yesterday. FAA's policy on TTF is laid out in FAA Order 5190.6A, Airport Compliance Handbook, dated 10/2/1989, Chapter 6, paragraph 6-6 - http://www.faa.gov/airports_airtraffic/airports/resources/publications/orders/index.cfm?sect=obligations

Similar guidance is included in Advisory Circular 150/5190-7 Minimum Standards for Commercial Aeronautical Activities, dated 8/28/2006.  Specifically related to the access agreement and fees it states in paragraph 1.4 that:

b. Access Agreement. Any through-the-fence access should be subject to a written agreement between the airport sponsor and the party granted access. The access agreement should specify what specific rights of access are granted; payment provisions that provide, at a minimum, parity with similarly situated on-airport tenants and equitable compensation for the use of the airport; expiration date; default and termination provisions; insurance and indemnity provisions; and a clear statement that the access agreement is subordinate to the grant assurances and/or Federal property conveyance obligations and that the sponsor shall have the express right to amend or terminate the access agreement to ensure continued compliance with all grant assurances and Federal property conveyance obligations.

No monetary value is mentioned other than it must have parity with similarly situated tenants and be equitable compensation for use of the airport.  This AC is available on the FAA web site at http://www.faa.gov/airports_airtraffic/airports/resources/advisory_circulars/media/150-5190-7/150_5190_7.pdf

To get a feel for how the FAA might look at individual cases related to through the fence access I would suggest looking at the following FAA Part 16 complaint decisions:

* Wadsworth Airport Association, Inc. v. City of Wadsworth and Wadsworth City Council, Docket No. 16-06-14, Final: August 8, 2007 - http://part16.airports.faa.gov/pdf/16-06-14b.pdf
* M. Daniel Carey and Cliff Davenport v. Afton-Lincoln County Municipal Airport Joint Powers Board, Docket No. 16-06-06, Issued January 19, 2007, specifically issue 7c - http://part16.airports.faa.gov/pdf/16-06-06b.pdf
* JetAway Aviation, LLC v. Board of County Commissioners, Montrose County, Colorado, Docket No. 16-06-01, Issued November 6, 2006 - http://part16.airports.faa.gov/pdf/16-06-01b.pdf
* R/T-182, LLC v. Portage County Regional Airport Authority, Docket No. 16-05-14, Director's Determination, dated November 1, 2006 - http://part16.airports.faa.gov/pdf/16-05-14b.pdf and the Final Agency Decision, dated March 29, 2007 - http://part16.airports.faa.gov/pdf/16-05-14.pdf.


I hope this sheds some light on FAA's guidance with respect to TTF access.

-Heidi

From: Williams, Heidi
Sent: Thursday, March 26, 2009 11:57 AM
To: ' This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it '
Cc: ASN
Subject: DIJ/ID Airport Access

Raymond,

It was good to speak with you yesterday regarding the through the fence access issues at Driggs.  I have a call into the Mayor to get things from his perspective but I also spent time talking with the airport compliance specialist as well as the FAA's Regional Compliance manager who I met at the conference last week.

In a nutshell, the FAA is not requiring the airport sponsor to immediately terminate all TTF agreements.  What they have asked the City of Driggs to do is provide an inventory of all current TTF agreements and have asked the City to work with them on an action plan on how to resolve any TTF issues.

Similar to what occurred at Independence, the FAA is trying to determine what those TTF agreements allow and when they might expire.  As was the case at Independence, those TTF agreements will not convey with a deed transfer or sale of the property.  In addition, the FAA seems quite adamant that no additional residential TTF access be allowed - and they interpret that to mean no new dwellings to be built that do not currently exist.  I specifically ask the question of how they intended to address existing hangar homes that have a TTF or easement and they are NOT expecting the City to arbitrarily cancel your TTF access or agreement.

Hopefully this more accurately depicts the situation at Driggs and I"ll be happy to continue working to ensure your access continues per your agreement.

Sincerely,


Heidi J. Williams
Senior Director
Airports
301-695-2227