Final Agency Decision (November 20, 2023). [Determination No. ]

Author:Shannetta R. Griffin, Associate Administrator for Airports

Complainant(s): Marina Aviation, LLC

Respondent(s): City of Marina, California

Airport(s):

Holding: Affirming Order of the Director (dismissing complaint via summary judgment)

Abstract: Complainant alleged that the City violated Grant Assurance 22 by refusing to negotiate and offer a lease extension; that another tenant was provided with a 10-year lease extension, with its economic benefits, “and thereby the City permitted this tenant to enjoy a more favorable position…

Index Terms: Airport Improvement Program (AIP); Default; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Grant Assurance 29, Airport Layout Plan; Lease (Extension); Lease (Ground); Unjust Discrimination

Director’s Determination (December 03, 2023). [Determination No. ]

Author:Kevin C. Willis, Director of Airport Compliance and Management Analysis

Complainant(s): Friends of the East Hampton Airport, Inc.; Analar Corporation, Associated Aircraft Group, Inc., Helicopter Association International, Inc., HeliFlite Shares LLC; and Shoreline Aviation, Inc.

Respondent(s): Town of East Hampton, NY

Airport(s):

Holding: Affirmed in Part, and Overturned in Part. No Violation of Grant Assurance 23, Exclusive Rights; Violation of Grant Assurance 22, Economic Nondiscrimination; No Violation of Anti-Head Tax Act; Corrective Action Plan Ordered

Abstract: In 2017, the Director issued a Director’s Determination with Regard to Uncontested Claims requiring the Respondent-Town to submit a Corrective Action Plan (CAP) concerning nonaeronautical revenues and the preparation and implementation of a formal Pavement Maintenance Management Program. (Director’s Determination, p. 1.) In its CAP,…

Index Terms: Corrective Action Plan; Nonaeronautical Revenues; Pavement Maintenance Management Program; Grant Assurance 19, Operation and Maintenance; Grant Assurance 20, Hazard Removal and Mitigation; Grant Assurance 24, Fee and Rental Structure; Grant Assurance 25, Airport Revenues; Grant Assurance 29, Airport Layout Plan

Final Agency Decision (March 09, 2023). [Determination No. ]

Author:Shannetta R. Griffin, Associate Administrator for Airports

Complainant(s): Jason Theuma; Paragon Skydive

Respondent(s): State of Arizona Department of Transportation

Airport(s):

Holding: Affirmed in Part and Overturned in Part. No Violation of Grant Assurance 23, Exclusive Rights; Violation of Grant Assurance 22, Economic Nondiscrimination; No Violation of Anti-Head Tax Act; Corrective Action Plan Ordered

Abstract: Complainant, a commercial aeronautical airport tenant and skydiving operation, alleged violations by the State of Arizona Department of Transportation (ADOT) of Grant Assurance 22, Economic Nondiscrimination, and Grant Assurance 23, Exclusive Rights, and the Anti-Head Tax in a lease by its imposition of various fees,…

Index Terms: Air Tour Flights; Anti-Head Tax; Contract; FAA Order 5190.B, Airport Compliance Manual; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Gross Receipts Fee; Insurance (Products—Completed Operations); Lease; Liability Insurance (Skydiving); Similarly Situated Tenants; Skydiving (Tandem)

Final Agency Decision (May 09, 2023). [Determination No. ]

Author:Shannetta R. Griffin, Associate Administrator for Airports

Complainant(s): Dakota Territory Tours, A.C.C. and Solid Edge Aviation, LLC

Respondent(s): Yavapai County, Arizona; Sedona-Oak Creek Airport Authority

Airport(s):

Holding: Affirming Finding of Violation of Grant Obligations; Corrective Action Plan Required

Abstract: Complainant—two companies doing business at the airport, including as a Part 135 Sky Safari Charter operations—sued alleging that County and airport authority (Authority) violated Grant Assurance 22, Economic Nondiscrimination, and Grant Assurance 23, Exclusive Rights, when it: (1) failed to honor a state court settlement…

Index Terms: Air Tour Operator; Commercial Aeronautical Activity; Contract (Breach); Fuel Flowage Fee; Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Helipad Operating Area; Kiosk Space; Lease (Termination); Policy Regarding Airport Rates and Charges; Part 135; RFP; Reasonable Accommodation; Safety

Final Agency Decision (May 10, 2023). [Determination No. ]

Author:Shannetta R. Griffin, Associate Administrator for Airports

Complainant(s): United Airlines, Inc.

Respondent(s): Port Authority of New York and New Jersey

Airport(s):

Holding: Affirming in Part and Remanding in Part: Violation of Grant Assurance 22, Economic Nondiscrimination, and Grant Assurance 25, Airport Revenues; Order to Submit Corrective Plan

Abstract: United Airlines (United) filed a Part 16 Complaint alleging that the Port Authority of New York and New Jersey (Port Authority): (1) charged unreasonable rates using a fee methodology that was not cost-based and lacked transparency, in violation of 49 U.S.C. § 47107(a), Grant Assurance…

Index Terms: 49 U.S.C. § 47107; 49 U.S.C. § 40116; 49 U.S.C. § 41713; Accounting Practices; Air Carrier Access; Airline Deregulation Act; Airport and Airway Improvement Act; Anti-Head Tax Act; Audit Trail; Corrective Action Plan; Cost Allocation Methodology; Fee Methodology; Grant Assurance 22; Economic Nondiscrimination; Grant Assurance 25; Airport Revenues; Grandfathered Airport; Grandfathered Diversion; Policy and Procedures Concerning the Use of Airport Revenue; Policy Regarding Airport Rates and Charges; Record Keeping; Revenue Diversion; Standing; Surplus Revenue (Excessive); Transparency

Director’s Determination (July 17, 2023). [Determination No. ]

Author:Kevin C. Willis, Director of Airport Compliance

Complainant(s): Horry County, South Carolina

Respondent(s): City of Myrtle Beach, South Carolina

Airport(s):

Holding: Requiring City to Use Sale Proceeds for Civil Aviation Purposes

Abstract: Complainant, Horry County, South Carolina, filed a complaint under 14 C.F.R. Part 16 against Respondent, the City of Myrtle Beach, South Carolina, which is the sponsor of the Myrtle Beach International Airport and three other airports serving the Myrtle Beach area. (Director’s Determination, p. 1.)…

Index Terms: Airport Purposes; Deed; Fair Market Value; Proceeds; Surplus Property Act of 1944, 49 U.S.C. §§ 47151-47153 (SPA)

Director’s Determination (January 05, 2023). [Determination No. ]

Author:Kevin C. Willis, Director of Airport Compliance

Complainant(s): Joseph Occhiuzzo

Respondent(s): City of Westfield, Massachusetts

Airport(s):

Holding: Dismissed. No Violation of Grant Assurance 22, Economic Nondiscrimination or Grant Assurance 23, Exclusive Rights

Abstract: Complainant, an individual, alleged that the City of Westfield, Massachusetts (City) violated Grant Assurance 22, Economic Nondiscrimination, and Grant Assurance 23, Exclusive Rights, when it: (1) allowed its fixed-based operator (FBO) tenant, Ross Aviation (Ross Aviation) and its subsidiary Ross Rectrix Aviation BAF, LLC (Rectrix)…

Index Terms: Aircraft Storage and Service Agreement; FAA Advisory Circular 150/5190-6, “Exclusive Rights at Federally Obligated Airports,” (Jan. 4, 2007); Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Fixed-Base Operator (FBO); Landlord; Preferential License; Rate Differential; Relocate; T-Hangars; Tenant

Director’s Determination (February 21, 2023). [Determination No. ]

Author:Kevin C. Willis, Director of Airport Compliance

Complainant(s): Timberview Helicopters, Inc.

Respondent(s): Okaloosa County, Florida

Airport(s):

Holding: Violation of Grant Assurance 22, Economic Nondiscrimination; No Violation of Grant Assurance 1, General Federal Requirements; Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 19, Operation and Maintenance; Grant Assurance 21, Compatible Land Use; Grant Assurance 29, Airport Layout Plan; Grant Assurance 38, Hangar Construction

Abstract: Okaloosa County, Florida (Okaloosa or County) is the owner and sponsor of Destin Executive Airport (DTS) at which Timberview Helicopters, Inc. (Timberview) was a commercial aeronautical tenant subject to an Operating Agreement with a 37-year term, which Okaloosa terminated in 2021 after only 4 years.…

Index Terms: 14 C.F.R. Part 150 Noise Study; 14 C.F.R. Part 161, Notice and Approval of Airport Noise and Access Restrictions; FAA Order 5190.6B; Fixed-Base Operators (FBO); Grant Assurance 1, General Federal Requirements; Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 19, Operation and Maintenance; Grant Assurance 21, Compatible Land Use; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 29, Airport Layout Plan; and Grant Assurance 38, Hangar Construction; Airport Noise and Capacity Act of 1990 (49 U.S.C. § 47521(2)) (ANCA); Minimum Standards; Notice of Termination; Operating Agreement; Noise Exposure Map; Helicopter Operations; Operational Requirements

Order of the Director (June 09, 2022). [Determination No. ]

Author:Kevin C. Willis, Director of Airport Compliance and Management Analysis

Complainant(s): Douglas Haynes

Respondent(s): Adams County, Colorado

Airport(s):

Holding: Complaint dismissed (Summary Judgment).

Abstract: Complainant, Douglas Haynes, filed a complaint under 14 C.F.R. Part 16 against Adams County, Colorado, the sponsor of the Colorado Air and Space Port (“CASP”), alleging that the County discriminated against him on the basis of race, color, or national origin in violation of Grant…

Index Terms: Access (Taxiways and Run-up Areas); Business Activity; Discrimination (race, color, or national origin); Eviction; Grant Assurance 30, Civil Rights; Office Space; Title VI of the Civil Rights Act of 1964; Vehicle Towing

Final Agency Decision (November 02, 2022). [Determination No. ]

Author:Shannetta R. Griffin, Associate Administrator for Airports

Complainant(s): Neil Kunz

Respondent(s): Salt Lake City Corporation / Salt Lake City Department of Airports, Utah

Airport(s):

Holding: Affirming Director’s Decision (complaint dismissed).

Abstract: Complainant alleged that the City violated the Uniform Relocation Assistance and Real Property Acquisition Act (“URA”), 42 U.S.C § 4601, et seq., and URA-Real Property Acquisition—Certain Litigation Expenses, 49 C.F.R. § 24.107, by abandoning its condemnation action for an avigation easement over the Complainant’s property…

Index Terms: Airport Overlay Zone (AOZ); Central Regional Airports Division, AIP Sponsor Guide 500 – Planning, 562 – Zoning around Airports; Easement (Avigation); Grant Assurance 20, Hazard Removal and Mitigation; Grant Assurance 21, Compatible Land; Grant Assurance 35, Relocation and Real Property Acquisition; ILS; Runway Protection Zones (RPZ); Taking; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C § 4601, et seq.; Uniform Relocation Assistance and Real Property—Real Property Acquisition—Certain Litigation Expenses, 49 C.F.R. § 24.107