The FAA grant assurance program can help
"Our airport is threatened once again," an AOPA member wrote recently. "At a city council meeting the chamber of commerce came to the city and proposed having the annual car show on the grounds of the airport. A motion was made and passed that the city would close the airport for four days in order for the chamber to host this event. Only one alderman objected. He commented that the grounds are 'just torn up' after the car show participants depart. He also told how [the participants] drove stakes into the asphalt. Attendance at the car show has been in the neighborhood of 5,500. You can imagine what this would do to our airport. Additionally, we would have to fly our airplanes over to a neighboring airport and leave them on the ramp for the four days. The current administration has no idea how valuable this airport is."
The city should realize how valuable the airport is, especially if it is one of the more than half of the nation's airports that have received grant money from the Federal Aviation Administration. Airport sponsors that have received FAA Airport Improvement Program (AIP) grant money are bound by accompanying assurances. These assurances prevent the airport owner from conducting or allowing any activity or action that would interfere with its use for airport purposes. Any proposal to temporarily close the airport for nonaeronautical purposes must be first approved by the FAA under the provisions of the Airports and Airways Improvement Act of 1982.
"Many airports forget or don't realize they need to notify the FAA," notes AOPA technical specialist John Collins. "If you are concerned about improper use of your airport, there are questions you need to ask:
- Has the airport received federal funding?
- If so, has the airport notified the FAA, usually the Airport District Office, of the proposed activity?
- Is the activity going to close the airport or will it be partially opened?
- If it is partially open, will there be safety measures in place to protect the aviation activity and the nonaviation activity?
If an airport is publicly owned and has received federal AIP funding, it is generally obligated to comply with the grant assurances for 20 years after the funding was received. If it is privately owned, the obligation period is normally 10 years. (These time periods are guidelines; you should check the actual assurances for specific time periods.) Regardless of the ownership of the airport, "when an airport receives federal funding, the FAA assumes that the airport will be used in a specific manner," said Collins. FAA Order 5190.6A, Airport Compliance Requirements, deals with how the FAA handles compliance issues at federally funded airports. Section 4-8(e) Temporary Closing of an Airport, says, "An airport developed or improved with federal funds may not be closed for the purpose of using the airport facilities for special outdoor events such as sports car races, county fairs, parades, etc., without FAA approval."
In certain circumstances, such as the promotion of aviation awareness through such activities as model airplane flying, etc., the FAA supports the limited use of airport facilities so long as there is not total closure of the airport.
"There is another thing to remember with nonaeronautical use of airports," Collins added. "Any money earned through the use of the airport in FAA-approved activities outside the accepted use of the airport must be used solely by the airport." Money raised on an airport has to go to the airport to maintain, operate, and further develop it and can't go into the airport sponsor's general fund.
AOPA responded to the member's concern and advised the FAA of the city council's proposal. The council voted not to have the car show at the airport.
As an AOPA member, you have access to the best resource anywhere for information and answers for pilots. AOPA provides information for its members through a vast array of communications technology. You can reach experts in all fields of aviation via AOPA Online ( www.aopa.org/members/pic/), the AOPA Pilot Information Center (800/USA-AOPA), and via e-mail. Aviation technical specialists respond promptly to member requests. AOPA Online provides members with access to information and resources 24 hours a day, seven days a week. The toll-free AOPA Pilot Information Center gives you direct access to specialists in every area of aviation. The center is available to members from 8:30 a.m. to 6 p.m. Eastern time, Monday through Friday.
AOPA Web resources
An AOPA issue brief on airport land use compliance that explains the FAA grant assurance enforcement program and offers AOPA's recommendations on how to more strictly enforce the program.
www.aopa.org/whatsnew/la-landuse.html
Information on the AOPA Airport Support Network, including its background, objectives, and how you can help support your local airport.
www.aopa.org/asn/whatis.html
The AOPA Airport Support Packet "Airports: A Valuable Community Resource." This guide to obtaining community support for your local airport includes information on organizing an airport support group, airport land use planning, public relations and political action advice, and a resource guide.
www.aopa.org/asn/communitysupport/
The FAA's Land Use Compatibility and Airports guidebook, which discusses land use control methods in complete detail.
www.faa.gov/about/office_org/headquarters_offices/aep/planning_toolkit/media/III.B.pdf
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