December 1, 2009


The Honorable Kurt Schrader
U. S. House of Representatives
1419 Longworth House Office Building
Washington, D.C. 20515


Dear Congressman Schrader,

We are constituents residing in the 5th Congressional District in Oregon writing to you about recent Federal Aviation Administration (FAA) actions which would seemingly eliminate Though-the-Fence (TTF) ingress/egress from residential airparks onto adjacent airports which receive FAA grants. Our opposition to these FAA actions are both personal, because we own property and live in the 200 home residential airpark adjacent to Independence State Airport and, in general, because we feel the FAA’s policy against residential TTF agreements is not in the best interest of small, struggling airports nationwide.

This residential airpark got its start in 1974, has had written ingress/egress agreements with the Oregon Department of Aviation (ODA) since then, and has now matured to the point that almost all lots have been built on. It is shown on the FAA approved 1998 Airport Layout Plan and is verbalized in that document as compatible with the airport. The first FAA grant was in 1975 for paving the runway. At the same time, the residential airpark developers paid ODA $180,000 (in lieu of paying annual access fees until 2004) to pave the on-airport parallel taxiway and ramp plus provided an avigation easement at no charge. The most recent FAA grant, for runway paving and lighting in 2000/2001, did not indicate there were any problems with residential TTF at this airport. Therefore, we were surprised when, earlier this year as we were amending our agreement at ODA's request, the FAA NW Mountain Region Office wanted to terminate our access. However, ODA, who supports TTF agreements, worked this through with the FAA NW Mountain Region Office and received assurances in July 2009 that FAA concerns with this existing residential TTF were satisfactorily resolved.

Since then, FAA Headquarters in Washington D.C. has come out with a new FAA Order 5190.6b and a draft “Compliance Guidance Letter 2009-1 - Through-the-Fence and On-Airport Residential Access to Federally Obligated airports” (CGL) both of which specifically deny all residential TTF. These are a shock and concern to us since we thought ODA had reached agreement with the FAA concerning the Independence Airport.

Loss of access at Independence would destroy property values and be devastating to the residents here, many of whom are retired. It would also be detrimental to the ODA since TTF revenues generated are instrumental to this airport being able to operate in the black. ODA operates 28 airports but only 4 can make this claim of which 2 are TTF. Also, loss of access would mean that about 200 airplanes would have no place to go without substantial federal investment to acquire additional property for on-airport hangars and airplane tie downs. Therefore, we are asking your assistance to get clear statements from the FAA ensuring the continued existence and well being of the Independence Airport residential airpark and its TTF agreement while still allowing the ODA to receive FAA grants. We also ask that the FAA revise its orders, policies and guidance to remove the restrictive, one size fits all, language. As a former long time upper level manager (John) and long time airport property manager (Shirley) with the Alaska Department of Transportation, a state with over 280 state owned and operated airports, we are very familiar with what it takes to manage airports and airport systems. We know that for every what-if argument the FAA can make against TTF, an equal argument can be made supporting it. Although not good for all airports, TTF does have its place in ones “tool box” and can make the difference between an airport supporting itself, or not. Done right, as in the case of Independence, TTF can be very successful, eliminate the need for substantial Federal investment for airport infrastructure/property, and, instead, place that property on the tax rolls paying substantial real property taxes. The Independence residential airpark is a highly successful example of how to do it right and benefit all concerned.

Thank you in advance for your support in this important matter. Please accept my invitation to meet with our homeowners, all of whom share the same concerns as we have expressed here. With a little bit of notice, we can easily have 50-100 constituents present.





Sincerely,

__________________ _________________
John Horn Shirley Horn

Attachments:
1) Referenced Compliance Guidance Letter (CGL)
2) Response to CGL from John Horn to Charles Erhard (FAA)
3) John Horn answer to Editors TTF blog in Airport Business Magazine

cc:
1) Oregon State Representative Vicki Berger
2) Acting ODA Director Gregg Dal Ponte
3) ODA State Airport Manager Mitch Swecker
4) Independence Airpark Homeowners Association President Kelly Wilson
5) Aircraft Owners and Pilots Association