ATTN: FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Ave. SW Washington, DC 20591 17 Dec. 2014

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# i RE: Formal complaint under 14 CFRFARPart 16- Pearland Regional Airport (KLVJ) GrantAssurances Violation

1. Overview

- Airport manager LeahLangford bannedme from enteringthe only FRO building at PearlandRegional Airport (KL VJ) in retaliation for making a safety complaint against herto TxDOT Aviation. 2. Facts- OnMay 15, 2014, while taxiing on the Taxiway Delta centerline, my wing struck a tree that was growing in the ditch next to thetaxiway. Airport manager LeahLangford was following my aircraft and observed this. I contacted her on the radio and informed Iter ofthe obstruction. She acknowledged my radio call. She was also notified ofthis tree obstruction on thetaxiway bythe BayAreaAero Club safety officer and the obstruction issue was pnblisbed in the aero club newsletter, which she received. After nearly a month, she still refused to havethe tree cut down. On Monday, June 9th, I notified Bill Gunn, TxDotAviation, ofthe safety hazard and her refusal to cutthetree down. Grant assurances #19 A. OnFriday, June 13'\the ditch was cleaned and thetree was cut down.
The airport newsletter said, "Stop by to meet your new, friendly line service technicians." Buton Monday, June 16th, I received an e-mail from LeahLangford (see Atch #1) informing me thatI was banned from enteringtheFRO building. No reason for theban was ever given, although thetiming ofthe ban makes it self-evident. I am denied access to the only public restroom on the airport, to air conditioning in the Texas summerheat, and to weather and flight planning computers necessary for safety offlight that are available to all othercustomers. 3. Informal resolution effort- I made a substantial and reasonable good faith effort to resolve the issue and there is uo prospect for a timely resolution. OnJune 23•d, 2014, an informal eomplaintwas filed with theFAA, who forwarded it to TxDOT Aviation, Bill Gunn, for the violation related to the FRO building ban. The reply, dated July 7'\ 2014, denied relief, stating (in pertinent part), "TbeFRO building (see attachment) is privately owned and is not obligated underthe grant assurances. The airport land for the FBO pad site has not received public funds for improvement and is privately owned." So Leah Langford could ban whoever shewanted from the business property.4. Reason

- TheFBO decks and stairs rest on the concrete ramps, the FBO building sets above the main powerlineto the electrical vault, and theFAA weather equipment is housed inside the FBO building- all funded through FAA grants.

TheFBO building is a double-wide mobile home with front and back entrances. On theflight line side, there is a ten-foot wide deck that runs the full length ofthe FBO building. Itis attached to the FBObuilding by an overhead cover and the deck and overhead cover rest on concrete ramp builtwith grant money. Onthe parkinglot side ofthe FBO building, there is a handicapped ramp and stairs that rest on the concrete parkinglot built with grant money. Boththe deck and the ramp/stairs are necessary to enter the FBO building. (See Atch#2 & #3) Theprimary power line that runs through the airport to the electricalvault (for fuel pumps, weather station, and runway lighting) runs directly under the FBO building, and itwas installed with grant money. TheFAAWeather station phone equipment cabinet and monitors are located inside the FBO building and are necessary for weather and flight planning. These were installed by theFAA and are maintained by theNational Weather Service. GrantAssurances#30

- Facilities. (Pertinent parts) Where it receives a grant or other federal assistance to
... acquire a facility, orpart ofa facility, the assurance extends to the entirefacility

... Grant Assurances #30- Real Property. (Pertinent parts) Grant

... assurancewill extend to rights to space on, over, orunder such property. The deck, cover, stairs, and ramp are fixtures to the FBO building, rest on the ramp, so "the assurance extends to the entire facility." The power line under the FBO building "will extend to rights on, over, orunder such property." Weatherfacilities wereinstalled for pilots' use and are critical for safety offlight. No reason was given in her e-mail as to why I was not permitted into the FBO building. Grant Assurances #22 provides that aviation facilities must be provided on fair and reasonable terms, and without unjustdiscrimination. Retaliation against a userfor reporting a sponsor's refusal to correct a safety violation and violating a GrantAssurance condition is unfair and unreasonable, and constitutes unjust discrimination on its face.

5. Standing-Pearland Regional Airport bas been my home airport for more than 12 years. I rent in an airport owned hanger and I buy fuel at the only FBO on the airport. For all normal services inside theFBO, I'm now required to fly to a neighboring airportwhich is a substantial inconvenience for me and my passengers.

### 6. ReliefRequested- I request thatthe letterbanning me from entering the FBO be set aside and thatI be allowed to enterthe buildingto access the weather I 

### flight planning facilities, use the only public restrooms available on the airport, and to get out ofthe heat ofthe day on the hot Texas ramp. I askthatI be treated the same as any other customer onthe airportwith the same rights granted under GrantAssurances.

## &#~f,!m~-~**Wayn~R.Mes~ing;r--** 

## ,rP.O. Box 1710 Friendswood, TX 77549



### Certificate of Service I hereby certify that I have this dayserved the foregoing Formal complaint under 14 CFR FAR Part 16on the person atthe following addresses by registered mail: Leah Langford 17622 Airfield Lane Pearland, TX 77581 Dated this

### _fL day of December, 2014.

Wayne R. Messinger P.O. Box 1710 Friendswood, TX 77549Gmail

- FBO Entry Page I of 1 

## 4rc/f JP;
Wayne Messinger <ginevan4@gmail.com> 

### FBO Entry 1 message Pearland Manager <manager@llypearland.com> Man, Jun 16, 2014 at4:31 PM To: ginevan4 <ginevan4@gmail.com> Cc. Jim Wimberly <jw1mberly@texasaviaf1onpartners.com>, Jim Parker-Remote <a0004897@yahoo.com>, "Eric Dagley (cpadiver@aol.com)" <cpadiver@aol.com>, Chuck Hall <CHall@matterhorncap.com>, Stacey Batch <sbatch@texasaviationpartners.com>, Stephen Alexander <salexander@texasaviationpartners.com>, Cassidy Berenato <cberenato@texasaviationpartners.com>

Wayne, It was brought to my attention that you entered the FBO yesterday (Sunday, June 15, 2014). Chuck Hall (airport owner) has informed Texas Aviation Partners that you are not allowed to enter the building at any time. Additionally, I was informed that upon your termination from employment at the airport that you were instructed the same by Eric Dagley on behalf ofthe airport owners. This email serves as notice to again inform you that you are not under any circumstance to enter the FBO at Pearland Regional Airport. Legal action via law enforcement will be taken should you choose to again disregard !his notice Ifyou have any questions, please contact Texas Aviation Partners' office in San Marcos at 512-216-6042. Thank you for your cooperation.
Sincerely,

Leah

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https://mail.google.com/mail/u/1/?ui=2&ik=54b87815a6&view=pt&search=inbox&th=1... 12/l7 /201412/1312014 Pearland Regional Airport- Google Maps**-~~------**