Dart v. City of Corona, Cal. -- No. 16-99-20
Director's Determination (06/26/2000) [Determination No.66].
Lexis Cite:
2000 FAA LEXIS 703
Westlaw Cite:
2000 WL 1092312
Author:
Bennett, David L., Director
Complainant(s):
Dart, Edward C.
Respondent(s):
Corona (Cal.)|Corona (Cal.) Municipal Airport|Cobb, William P.
Airport(s):
Corona Municipal Airport (AJO)
Holding:
Dismissing complaint.
Abstract:
Complainant, Edward C. Dart, owner of an ultralight vehicle, filed a complaint against Respondent, City of Corona, owner and operator of the Corona Municipal Airport, alleging that Respondent denied access to the Airport by ultra light vehicles operating under Federal Aviation Regulations Part 103 (14 C.F.R. pt. 103) and thereby violated its obligation under Grant Assurance 22 to make the Airport available on reasonable and not unjustly discriminatory terms and conditions to all types, kinds and classes of aeronautical use. Complainant also alleged that Respondent granted an exclusive right in violation of Grant Assurance 23. The Director found Respondent not in violation and dismissed the Complaint.|Federally Obligated:|Respondent was not obligated by Grant Assurances 22 and 23, because the Airport was not a federally obligated airport sponsor, nor was it a federally obligated airport developed with federal assistance under the Surplus Property Act of 1944, the Federal Airport Act of 1946, the Airport and Airway Development Act of 1970, or the Airport and Airway Improvement Act of 1982, as amended. (p. 15).|Exclusive Rights (Grant Assurance 23):|Respondent was subject to the prohibition against the granting of exclusive rights because it was an air navigation facility on which federal money, i.e., FAA Facilities & Equipment (F&E) funds had been expended for the installation of navigational equipment. (p. 15).|Respondent's restrictions on the operation of ultralight vehicles other than those bearing N-numbers did not grant an exclusive right to other general aviation aircraft operations where the restrictions limit operations to those which are capable of meeting the established VFR traffic pattern and follow FAA policy regarding limitations necessary for safe aircraft operations over congested areas. (p. 17).
Index Terms:
Unjust economic discrimination|Economic Nondiscrimination (Grant Assurance 22)|Exclusive Rights (Grant Assurance 23)|Ultralight vehicles|Safety|Denial of access|Surplus Property Act