Date Range

FAA and DOT Opinion Letters Digests (Arranged Chronologically)

Opinion Letter of October 17, 2011, from Willis, Kevin C., Manager to Blum, Ron, Mayor, St. Clair, Mo.

Airport: St. Clair Regional Airport (K39)
Abstract: The Office of Airport Compliance and Management Analysis followed up on a meeting/teleconference in which the Mayor expressed a desire to close the St. Clair Regional Airport. The letter outlines steps that the City of St. Clair, Missouri, would need to take to close the…
Index Terms: Airport sale|Request for Proposal (RFP)

Opinion Letter of March 02, 2011, from Cross, Jonathan W., Manager, Airport Law Branch to McMackin, F. Joseph, III, General Counsel, Bond, Schoeneck & King, PLLC

Re:Request for Legal Opinion Concerning Preemption of City of Naples Code Provision
Airport: Naples Municipal Airport (APF)
Abstract: The Office of the Chief Counsel responded to a joint request from the City of Naples and the City of Naples Airport Authority regarding whether the City of Naples, a non-proprietor, may require the City of Naples Airport Authority to seek approval to expand a…
Index Terms: Noise|Non-proprietor|Preemption|Proprietary powers exception|Safety

Opinion Letter of February 16, 2010, from Whitlow, James W., Acting Chief Counsel to Gabbard, Mike, Senator, Hawaii State Senate

Re:Proposed State Tax on Aviation Fuel
Abstract: The Office of the Chief Counsel responded to a letter from Senator Mike Gabbard requesting an advisory opinion on the legality of a bill proposed in the Hawaiian Legislature that would impose an additional tax on a barrel of “petroleum product” and would make the…
Index Terms: Airport purposes|Anti-Head Tax Act|Fuel tax|Revenue diversion|Taxation

Opinion Letter of December 23, 2009, from Fuller, Daphne A., Assistant Chief Counsel for Airports and Environmental Law to Depue, Ronald S., Shamberg, Wolf, McDermott & Depue

Re:Proposed State Sales Tax on Aircraft Fuel
Airport: Central Nebraska Regional Airport (GRI)
Abstract: The Office of the Chief Counsel responded to a letter from the Hall County Airport Authority, operator of the Central Nebraska Regional Airport (Nebraska), requesting an advisory opinion on whether a proposed states sales tax upon aircraft fuel, the proceeds of which would be paid…
Index Terms: Airport purposes|Anti-Head Tax Act|Fuel tax|Revenue diversion|Taxation

Opinion Letter of November 20, 2009, from Grizzle, J. David, Chief Counsel to Walden, Gregory S., Patton Boggs, LLP

Re:Request for Legal Opinion on Airport Fee Waiver Program
Airport: Santa Fe Municipal Airport (SAF)
Abstract: See Opinion Letter of November 20, 2009 from Grizzle to Montman.
Index Terms: Economic Nondiscrimination (Grant Assurance 22)|Exclusive Rights (Grant Assurance 23)|Fee and Rental Structure (Grant Assurance 24)|Incentives for air service

Opinion Letter of November 20, 2009, from Grizzle, J. David, Chief Counsel to Montman, James H., Airport Manager, Santa Fe Municipal Airport

Re:New Mexico Airlines' Request for Opinion on City of Santa Fe
Airport: Santa Fe Municipal Airport (SAF)
Abstract: The Office of the Chief Counsel responded to letters from New Mexico Airlines and the Airport Manager at the Santa Fe Municipal Airport (New Mexico) inquiring whether an airport sponsor may base the eligibility of a fee waiver or discount on a distinction between interstate…
Index Terms: Economic Nondiscrimination (Grant Assurance 22)|Exclusive Rights (Grant Assurance 23)|Fee and Rental Structure (Grant Assurance 24)|Incentives for air service

Opinion Letter of August 22, 2009, from Fuller, Daphne A., Assistant Chief Counsel to Wicks, Glenn P.|Almond, Roncevert D., The Wicks Group PLLC

Re:Opinion on the Runway Safety Area Project at Tweed-New Haven Airport
Airport: Tweed-New Haven Airport (HVN)
Abstract: The Office of the Chief Counsel responded to an inquiry as to whether the Town of East Haven, not an airport proprietor, may use its police powers (through a Stop Work Notice and Cease and Desist Order) to prevent the Tweed-New Haven Regional Airport Authority,…
Index Terms: Non-proprietor|Preemption|Safety

Opinion Letter of August 07, 2009, from Fuller, Daphne, Assistant Chief Counsel to Bohne, Karl W., Schillinger & Coleman, P.A.

Re:Approved Town of Grant-Valkaria Ordinance
Airport: Valkaria Airport (X59)
Abstract: The Office of the Chief Counsel responded to an inquiry from Mr. Bohne regarding an ordinance adopted by the Town of Grant-Valkaria, regulating aeronautical businesses and flight activities at the Valkaria Airport (Florida). The Town of Grant-Valkaria is located within the County of Brevard. Although…
Index Terms: Aeronautical use|Noise|Non-proprietor|Preemption|Proprietary powers exception|Safety

Opinion Letter of January 16, 2009, from Podberesky, Samuel, Assistant General Counsel for Aviation Enforcement and Proceedings to Wicks, Glenn P., The Wicks Group PLLC

Re:Branson Airport's Airport Facility Charge Request
Airport: Branson Regional Airport (BBG)
Abstract: The Office of General Counsel responded to a request from Branson Airport, LLC, the private operator of the Branson Regional Airport (Missouri), asking for authorization to allow air carriers to separately list an Airport-assessed airport facility charge from the carrier’s advertised fares for air transportation…
Index Terms: Anti-Head Tax Act|Passenger Facility Program|Private airport operator|Rates and charges

Opinion Letter of August 15, 2008, from Gribbin, D.J. to Walker, Randall H., Director of Aviation, Las Vegas McCarran International Airport

Airport: Las Vegas McCarran International Airport (LAS)
Abstract: The Office of General Counsel provided guidance in response to a letter from the Director of Aviation at the Las Vegas McCarran International Airport (Nevada) explaining the Clark County Department of Aviation’s proposals for more effective use of the Airport through fee-based approaches or a…
Index Terms: Allowable costs|Cost allocation|Easements|Multi-airport policy|Noise|Peak period pricing|Rates and charges