Presented to: Industry Groups

By: FAA Airports Date: September 1, 2010 

### Federal Aviation Administration 

# Through-the-Fence

Policy Review Notice of Proposed PolicyFederal Aviation Administration 2 Through-the-Fence September 1, 2010 

# FAA’s Policy on RTTF

FAA Order 5190.6A: recommends against RTTF GAO Report Gillespie

Field Clermont

County Carey v.

Afton-Lincoln 16-06-06 Sandpoint approves Silverwings Scott County Sandpoint

found noncompliant EAA

AirVentureFederal Aviation Administration 3 Through-the-Fence September 1, 2010 

# FAA’s Policy on RTTF

FAA Order 5190.6B
5190.6B and CGL state new RTTF is prohibited

.

Draft CGL Policy

review 

## 2009 2010

Site visits & stakeholder meetings Discussions with associations Discussions with state aviation officials Inventoried RTTF airports in NPIAS Consulted TSA Reviewed 250 comments

Eight months 

## 2011Federal Aviation Administration 4 Through-the-Fence September 1, 2010 

# Guiding Principle of the NPIAS
“Airports should be flexible and expandable, able to meet increased demand and to accommodate new aircraft types.” FAA Order 5090.3C, Field Formulation of the National Plan of Integrated Airport Systems (NPIAS), Section 1-7.(c) 

# Acceptance of AIP = Grant Assurance ObligationsFederal Aviation Administration 5 Through-the-Fence September 1, 2010 

# Gillespie Field - California

Source: FAA 

### The hangar home blocked the line of sight between the tower and the Federally funded taxiway undermining the Federal investment. Another hangar home penetrated TERPS and impacted IFR capability of Runway 27L.

Corrective Action: County agreed not to renew existing leases when they expire.Federal Aviation Administration 6 Through-the-Fence September 1, 2010 

# Sandpoint Airport - IdahoFederal Aviation Administration 7 Through-the-Fence September 1, 2010 

# Sandpoint Airport - Idaho Mid-field access prevents future development of a west side taxiway that would meet FAA standards. Aircraft must back taxi on runway.

Source: http://www.silverwingatsandpoint.com/units_siteplan.htmlFederal Aviation Administration 8 Through-the-Fence September 1, 2010 

# Payson Airport - ArizonaFederal Aviation Administration 9 Through-the-Fence September 1, 2010 

# Payson Airport - Arizona

Mazatzal Mountains AirparkFederal Aviation Administration 10 Through-the-Fence September 1, 2010 

# Payson Airport - Arizona

This says: “Real Estate with Runways is our only business.”

Source: http://www.aviationhomes.com/gallery/view_album.php?set_albumName=album34Federal Aviation Administration 11 Through-the-Fence September 1, 2010 

# Payson Airport - Arizona

This very desirable 1/2 acre corner lot has street frontage on two sides, allowing for hangar and ramp on one street and garage and driveway on the other and faces southeast. Payson Airport, KPAN, is an FAA maintained City Airportwith a 5,500' x 75‘ runway. You taxi through a large gate onto public streets designed for aircraft. (City streets, sewer, gas, water, electricity). NO Associations, NO Dues. There are approximately 30 custom homes in place at Mazatzel Mountain AirparkFederal Aviation Administration 12 Through-the-Fence September 1, 2010 

# Erie Municipal Airport - ColoradoFederal Aviation Administration 13 Through-the-Fence September 1, 2010 

# Erie Municipal Airport - Colorado

Source: FAA 

## Picture taken from closed crosswind runwayFederal Aviation Administration 14 Through-the-Fence September 1, 2010 

# Erie Municipal Airport - Colorado

Picture taken from Taxiway A1 holding short of Runway 33

Source: FAAFederal Aviation Administration 15 Through-the-Fence September 1, 2010 

# Erie Municipal Airport - ColoradoFederal Aviation Administration 16 Through-the-Fence September 1, 2010 

# Independence State Airport - Oregon

Source: http://www.isasg7s5.org/Federal Aviation Administration 17 Through-the-Fence September 1, 2010 

# Driggs Airport - IdahoFederal Aviation Administration 18 Through-the-Fence September 1, 2010 

# Driggs Airport - Idaho

Fencing to separate airport’s taxiway from private property

Source: FAAFederal Aviation Administration 19 Through-the-Fence September 1, 2010 

# Driggs Airport - Idaho Off-airport hangar with apartment

On-airport hangar with apartment

Source: FAAFederal Aviation Administration 20 Through-the-Fence September 1, 2010 

# Scott County Airport - TennesseeFederal Aviation Administration 21 Through-the-Fence September 1, 2010 

# Scott County Airport - Tennessee

Source: FAAFederal Aviation Administration 22 Through-the-Fence September 1, 2010 

# Scott County Airport - Tennessee

Source: FAAFederal Aviation Administration 23 Through-the-Fence September 1, 2010 

# Policy Options Considered

1. Total Ban on RTTF 2. Do not allow any new, but allow certain existing RTTF’s 3. Allow both existing and new RTTF under certain conditions 4. Allow states or airport sponsors to decide whether to allow RTTFFederal Aviation Administration 24 Through-the-Fence September 1, 2010 

# Proposed Policy on Existing RTTF
Defines “access” as:  An access point for taxiing aircraft across an airport boundary; or  The right of the owner of a particular off-airport residential property to use an airport access point to taxi an aircraft between the airport and that property. 

## Defines “existing access” as:  A legal right of access from the property to the airport in existence as of the date of this notice; or  Development of the property prior to the date of this notice in reliance on the airport sponsor’s permission for TTF access to the airport; or  TTF access is shown on an FAA-approved ALP or has otherwise been approved by the FAA in writing, and the owner of the property has used that access prior to the date of this notice.Federal Aviation Administration 25 Through-the-Fence September 1, 2010 

# Proposed Policy on Existing RTTF

Requires sponsors with existing RTTF to:  Develop an RTTF Access Plan to address minimum requirements for access, safety, cost recovery, airspace protection, and land use compatibility.  RTTF Access Plan must be submitted prior to sponsor initiating FY13 grant application.  Depict RTTF on ALP (immediate temporary pen & ink change, but formal ALP update will be due three years from date FAA accepts RTTF Access Plan).  Ongoing implementation of RTTF Access Plan becomes special condition attached to future AIP grants. 

### FAA’s acceptance of RTTF Access Plan is agency’s finding that the sponsor has met the standard of compliance. RTTF Access Plans must be approved by the Office of Airport Compliance.Federal Aviation Administration 26 Through-the-Fence September 1, 2010 

# Proposed Policy on “Additional” RTTF
Additional Access targets specific issues:  Where existing access rights exist, but may require new points of entry.  Where new homes could be added, but utilize existing points of access.  Renewing and/or extending existing access agreements. 

### Allows these sponsors to propose additional RTTF access if:  Sponsor meets additional requirements addressing the airport’s foreseeable planning and growth needs.  Sponsor provides current (developed or updated within last five years) master plan.  Sponsor may be required to update ALP.  RTTF agreement is limited to 20 years. 

### Once the revised RTTF Access Plan is accepted by the FAA, that additional access is then considered existing access and subject to continuing obligations. Additional RTTF proposals must be approved by the Office of Airport Compliance.Federal Aviation Administration 27 Through-the-Fence September 1, 2010 

# Compliance Determinations

If sponsors are unable to address minimum requirements for access, safety, cost recovery, airspace protection, and land use compatibility, FAA will:  Review the airport’s role in the NPIAS. Consider reduced level of federal investment (no discretionary). Remove airport from the NPIAS. 

## Airports currently in noncompliance remain in noncompliance until corrective action plan is approved by the Office of Airport Compliance. Approved corrective action plan becomes RTTF Access Plan.Federal Aviation Administration 28 Through-the-Fence September 1, 2010 

# AIP Eligibility

 Project applications will be reviewed to ensure AIP funds primarily serve the airport’s public function.  FAA expects private owners to share in capital costs of infrastructure and facilities from which they receive value.  On-airport infrastructure and facilities used exclusively or primarily for the accommodation of RTTF users are considered private use and ineligible for AIP.Federal Aviation Administration 29 Through-the-Fence September 1, 2010 

# Amendment to Grant Assurance 5
Amend Grant Assurance 5, Preserving Rights and Powers, to prohibit RTTF in the future.

g. It will not permit or enter into any arrangements that result in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. 

# Consist with requirements in 49 U.S.C. §47107(h), Modifying Assurances and Requiring Compliance with Additional AssurancesFederal Aviation Administration 30 Through-the-Fence September 1, 2010 

# TSA’s Views

TSA does not regulate GA airports the same way it does commercial airports. Access points to an airport should be limited to the number necessary. “To the extent possible, leisure and recreational events, facilitated by TTF activities, should be minimized.” Now planning to do their own review.Federal Aviation Administration 31 Through-the-Fence September 1, 2010 

# Next Steps

• Federal Register Notice FAA 2010-0831 45 day public comment period

• Develop guidance for ADO/RO staff

• Final policyFederal Aviation Administration 32 Through-the-Fence September 1, 2010 

# QUESTIONS ?