Platinum Aviation v. Bloomington-Normal Airport Auth. -- No. 16-06-09 -- No. FAA-2006-25202
Final Decision and Order (11/28/2007) [Determination No.185].
Lexis Cite:
2007 FAA LEXIS 405
Westlaw Cite:
2007 WL 4854321
Author:
Shaffer, D. Kirk, Associate Administrator for Airports
Author Title:
Associate Administrator for Airports
Complainant(s):
Platinum Aviation, LLC|Platinum Jet Center BMI, LLC
Respondent(s):
Bloomington-Normal (Ill.) Airport Authority
Airport(s):
Central Illinois Regional Airport (BMI)
Holding:
Affirming Director's Determination of June 4, 2007. See Determination No. 176.
Abstract:
In the original complaint, Complainant, Platinum Aviation and Platinum Jet Center BMI, alleged that Respondent, Bloomington-Normal Airport Authority, owner and operator of the Central Illinois Regional Airport in Bloomington, Illinois, was in violation of Grant Assurances 22, 23, 38, and potentially 5 by its actions with respect to Complainant's FBO operation and the three agreements between the parties: the Ground Lease Agreement, the Agreement Authorizing Services, and the Agreement Authorizing the Sale of Aviation Fuel. The Director found Respondent not in violation and dismissed the Complaint. Complainant appealed. The Associate Administrator affirmed all findings of the Director’s Determination and additionally found the following:|Jurisdiction:|Where the case involved two competing interests (the federal interest of the Airport as reflected by the grant assurances and the local contractual interests of an airport tenant), the FAA can only represent the federal interest of the Airport. "FAA can neither bargain away the rights of access to public-use taxiways and movement areas nor waive the grant assurances of the Respondent. FAA is required to enforce the federal statutes to protect the federal interest in the Airport." (p. 15).|"The FAA neither approves nor monitors terms of agreements between airport sponsors and airport tenants. The FAA does not arbitrate disputes through the Part 16 complaint process. Nor does the FAA enforce contract terms between parties to an agreement when the FAA is not a party to that agreement. Rather, the FAA enforces the grant agreements it enters into with airport sponsors." (p. 18).|The Associate Administrator declined Complainant's request that it propose a compromise solution to the dispute. "[T]he FAA will not attempt to negotiate a remedy to the dispute between the Complainants and Respondent. The FAA does not mediate disputes through the Part 16 complaint process." (p. 43).
Index Terms:
Economic Nondiscrimination (Grant Assurance 22)|Exclusive Rights (Grant Assurance 23)|Hangar Construction (Grant Assurance 38)|Preserving Rights and Powers (Grant Assurance 5)|Unjust economic discrimination|Jurisdiction - Part 16|State litigation|Pre-complaint resolution|Options|Similarly situated|Remedied past violations|Fixed-base operator (FBO) agreement