Director's Determination (September 20, 2024). [Determination No. ]

Author:Michael W. Helvey, Director, Office of Airport Compliance and Management Analysis

Complainant(s): Southern California Pilots Association

Respondent(s): County of Orange

Airport(s):

Holding: No Violation

Abstract: Complainant, Southern California Pilots Association, claimed that the County violated Grant Assurance 22, Economic Nondiscrimination, and Grant Assurance 24, Fee and Rental Structure, by discriminating against owners of small general aviation aircraft through its General Aviation Improvement Program (GAIP). (Director’s Determination, p. 1.) Complainant specifically…

Index Terms: Accommodate; Aircraft (Jets, Single Engine, Small); Airport Compliance Manual, FAA Order 5190.6B; Cost-Recovery Methodology; General Aviation Improvement Program (GAIP); General Aviation; Grant Assurance 22, Economic Nondiscrimination; Methodology Parking Spaces (Reduction); Planning; Proprietary Right; Rates (Lease); Rental Rates (Tiedown and Hangar); Revenue Diversion; Waitlists

Director's Determination (August 30, 2024). [Determination No. ]

Author:Michael W. Helvey, Director, Office of Airport Compliance and Management Analysis

Complainant(s): Douglas Haynes

Respondent(s): Board of County Commissioners of Adams County, Colorado

Airport(s):

Holding: No Violation; Complaint Dismissed

Abstract: Complainant, Douglas Haynes, a Colorado resident and black man, rented a T-hangar from Windchaser Hangars, LLC. (Windchaser) (Director’s Determination, p. 2.) He filed a complaint under 14 C.F.R. Part 16 alleging the Board of County Commissioners of Adams County, Colorado (“County”) violated Grant Assurance 22,…

Index Terms: Aeronautical Activity; Aircraft (Amateur-built); Aircraft (eVTOL); Discrimination (Race); Airworthy; Eviction; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 30, Civil Rights; Lease (Termination); Hangars (Inspection); Hangars (Noncompliance); Lock-Out Notice; Minimum Standards; Policy on the Non-Aeronautical Use of Airport Hangars; Prima Facie; Retaliation; T-Hangar Rental Agreement; Title VI Civil Rights Act of 1964

Director's Determination (July 17, 2024). [Determination No. ]

Author:Michael W. Helvey, Director, Office of Airport Compliance and Management Analysis

Complainant(s): Federal Aviation Administration

Respondent(s): Perry County Airport and Industrial Authority

Airport(s):

Holding: Violation of Grant Assurances 3, 4, 5, 13 and Surplus Property Act of 1944

Abstract: The FAA investigated the Perry County Airport and Industrial Authority, owner, operator, and sponsor of Vaiden Field Airport, after issuing a Notice of Investigation alleging improper financial transactions involving the sale, mortgage, transfer, or assignment of federally obligated airport property without FAA approval, creating prohibited…

Index Terms: AIP Grant; Bank; Collateral; Corrective Action Plan (CAP); Deed; Default; Encumber; Grant Assurance 3, Sponsor Fund Availability; Grant Assurance 4, Good Title; Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 13, Accounting System, Audit, and Record Keeping Requirements; Loan (Interest Only); Notice of Investigation; Single Audit Act of 1984; Surplus Property Act of 1944

Director's Determination (March 15, 2024). [Determination No. ]

Author:Michael W. Helvey, Director, Office of Airport Compliance and Management Analysis

Complainant(s): Robert Walsh

Respondent(s): Nantucket Memorial Airport Commission (NMAC)

Airport(s):

Holding: No Violation

Abstract: Complainant, Robert Walsh, was a pilot who operated an air charter service called Nantucket Express, LLC, from Nantucket Memorial Airport (ACK) between 2005 and 2019. (Director’s Determination, p. 2.) He had an agreement with Nantucket Memorial Airport Commission (NMAC), the sponsor of ACK, allowing him…

Index Terms: Access (Denial); Airport Compliance Manual, FAA Order 5190.6B; Airport Operations Area (AOA); Badge; Collusion; Flight Surgeon; Grant Assurance 22, Economic Nondiscrimination; Pilot (Transient); Ramp; Restriction (Notice of); Security; Unjust Discrimination

Order (February 16, 2024). [Determination No. ]

Author:Michael W. Helvey, Director, Office of Airport Compliance and Management Analysis

Complainant(s): South Pacific Flying Club

Respondent(s): State of Hawaii Department of Transportation (HDOT)

Airport(s):

Holding: No Violation, Grant Assurance 19, Operations and Maintenance; Violation, Grant Assurance 22, Economic Nondiscrimination; No Violation, Grant Assurance 23, Exclusive Rights

Abstract: Complainant, South Pacific Flying Club (SPFC), filed a Part 16 complaint against the State of Hawaii Department of Transportation (HDOT), sponsor and operator of Daniel K. Inouye International Airport (HNL), alleging that HDOT (1) violated Grant Assurance 19, Operations and Maintenance, by failing to provide…

Index Terms: Airport Improvement Program (AIP); Airport Operations Area (AOA); Cars (Parking); Corrective Action Plan; Flying Club Policy; Grant Assurance 19, Operations and Maintenance; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Hangar (Access, Space); Homeless; IRS Tax-Exempt Status; Maintenance; Nonprofit; Permit (Revocable); Procedure 6.27, Criteria for Flying Club Status

Director's Determination (January 08, 2024). [Determination No. ]

Author:Michael W. Helvey, Director, Office of Airport Compliance and Management Analysis

Complainant(s): Skydive Academy of Hawaii Corp. d/b/a Skydive Hawaii and Frank Hinshaw

Respondent(s): State of Hawaii

Airport(s):

Holding: No Violation of Grant Assurance 22, Economic Nondiscrimination, or Grant Assurance 23, Exclusive Rights; Recommendation of Revision to Nighttime Access

Abstract: Complainants, Skydive Academy of Hawaii Corp. d/b/a Skydive Hawaii and Frank Hinshaw, filed a Part 16 complaint against the State of Hawaii (“State”), which was the lessor, operator, and sponsor of Kawaihapai (Dillingham) Airfield (HDH), a joint-use airport (i.e., an airport owned by the U.S.…

Index Terms: Advisory Circular 150/5190.7, Nighttime (Aeronautical Activities; Access Restriction); Aeronautical Activities; Army; Constructive Exclusive Rights; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 23, Exclusive Rights; Joint-Use Facility; Maintenance; Military Operations; Minimum Standards for Commercial Aeronautical Activities; Lease; Permit (Revocable); Prior Permission Rule; Safety; Tenant

Director's Determination (September 22, 2023). [Determination No. ]

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

Complainant(s): Federal Aviation Administration

Respondent(s): City of Zephyrhills

Airport(s):

Holding: Violation of Grant Assurances 5, 19, 24, and 25 and Surplus Property Act; Corrective Action Plan (CAP) Required

Abstract: The FAA initiated an investigation in January 2022, issuing a Notice of Investigation (NOI) to the City of Zephyrhills, FL, the sponsor of the Zephyrhills Municipal Airport, to determine whether the City was complying with its federal sponsor obligations, which included a review of its…

Index Terms: Aeronautical Use; FAA Order 5190.6B, Change 2; Fair Market Value; Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 19, Operations and Maintenance; Grant Assurance 24, Fee and Rental Structure; Grant Assurance 25, Airport Revenues; Jumpsuit Manufacturing; Land Use (Incompatible Use); Lease; Nonaeronautical Use; Notice of Investigation; Revenue Diversion; RV Campground; Subordination Clause; Surplus Property Act of 1944

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)