Through The Fence Agreement Faa

During its site visits, the policy assessment team observed a number of first-hand ordering conditions. First, we saw the diversity and complex nature of the different residential arrangements through the fence. We also learned that some of these agreements were reached on faA objections; others were mistakenly authorized by FAA field officers. Finally, we found that the residential agreements through the fence we visited jeopardized one or more of the intrinsic features of publicly funded airports to support taxpayer-funded projects. To be clear, these conditions would not be considered by these airports to be admitted to the NPIAS if they were considered today. The Agency`s statutory fee to invest in a national air transportation system over the long term, coupled with the fact that residential construction systems continue to undermine the ability of some airports to serve the broader public purpose expected of federal airports, has led us to the policy we are proposing. This policy is twofold. While we set minimum requirements that airports with existing access to residential buildings must meet through the fence, we also propose to amend Grant Assurance 5, “Preservation of Rights and Powers” to prohibit sponsors, to enter into new agreements. The FAA followed suit by outlining the draft Compliance Letter 2009-1 – Through-the-Fence and On-Airport Residential Access to federal airports for comment. The draft compliance letter confirmed our view of access and provided some additional suggestions to FAA staff working with airports on such agreements.

We have received a number of comments from owners and others interested in both documents. Neither the updated regulation nor the draft compliance guide has generated much discussion about what the FAA expects airports to take with existing closure agreements. We now recognize that the vacuum has created a very uncertain environment for what we think about 75 of the 2,829 continental U.S. GA airports included in the NPIAS are. Second, there has long been a principle that federal grants will enshrine certain conditions, such as non-discrimination. In accordance with this principle, every time we make a financial investment in an airport, the sponsor accepts 39 assurances from the Confederation, the vast majority of which are expressly mandated by Congress.