Airborne Flying Serv., Inc., v. City of Hot Springs, Ark. -- No. 16-07-06 -- No. FAA-2008-0189

FAA Docket No:

16-07-06

Author:

Bennett, David L., Director

Author Title:

Director

Complainant(s):

Airborne Flying Service, Inc.

Respondent(s):

Hot Springs (Ark.)

Airport(s):

Hot Springs Memorial Airport (HOT)

History:

Affirmed by Final Decision and Order of May 2, 2008. See Determination No. 193.

Holding:

Dismissing complaint.

Abstract:

Complainant Airborne Flying Service, Inc. filed a complaint against Respondent, City of Hot Springs, Arkansas, sponsor of Hot Springs Memorial Airport, alleging that Respondent was in violation of Grant Assurance 22 for its failure to allow Complainant to self-fuel its aircraft. The Director found Respondent was not in violation of grant assurances and dismissed the Complaint.|Self-fueling:|Evidence of motive is not irrelevant to a claim that a sponsor has unreasonably restricted self-fueling, but must be accompanied by proof that a sponsor unreasonably denied access. (pp. 14-15).|Respondent did not unreasonably restrict Complainant's ability to self-fuel its aircraft in violation of Grant Assurance 22 where Respondent required Complainant to place above-ground fuel tanks at the Airport Fuel Farm and truck the fuel across the Airport. (pp. 18-19).

Index Terms:

Economic Nondiscrimination (Grant Assurance 22)|Self-fueling|Motive