Module 1, Objective 4, Land Use

Question 1

Grant Assurance 4, Good Title

Answer 1

requires the airport to hold good title to the airport that is satisfactory to the FAA or give satisfactory assurance to the FAA that good title will be acquired

tied to the ALP

Question 2

Grant Assurance 5, Preserving Rights and Powers

Answer 2

prevents an airport sponsor from taking any action that may deprive the airport sponsor of its rights and powers to direct and control airport development and comply with the grant assurances

this prohibits an airport from selling, leasing, or encumbering, or transferring or disposing any of its tile or other interests in the property without written approval from the FAA

Question 3

What is on airport aeronautical use?

Answer 3

land reserved for an aeronautical activity

Question 4

What is on airport non-aeronautical use?

Answer 4

land that does not support and aeronautical activity but is used to generate revenue to support the airport’s aviation needs

Question 5

What is land use planning?

Answer 5

an essential tool to ensure that activities on land adjacent to or neat the airport are compatible with normal airport operations

Question 6

Can the federal government preempt stare law when regulating interstate commerce?

Answer 6

yes

Question 7

What is the FAAs method to influence airport land use and land use surrounding an airport?

Answer 7

grant assurances

Question 8

What is Grant Assurance 29, Airport Layout Plan?

Answer 8

it requires the airport sponsor to delineate the airport’s boundaries, including all facilities, and to identify future developments on its ALP

an airport must have an FAA-approved ALP as a prerequisite to granting AIP funds

Question 9

What is Grant Assurance 21, Compatible Land Use?

Answer 9

it requires the airport to attempt (but are not required to be successful) to restrict the use of adjacent land or land in the immediate vicinity to activities and purposes compatible with airport operations

most commercial and industrial uses are compatible with airports

in cases where the airport sponsor does not have the authority to enact zoning ordinances, or changes, the sponsor should demonstrate a reasonable attempt to inform surrounding municipalities on the need for land use compatibility zoning

Question 10

What is Grant Assurance 20, Hazard Removal and Mitigation?

Answer 10

it requires the airport to take necessary actions to protect the airspace around the airport, including visual and instrument approach paths

Question 11

What are the consequences of incompatible land use?

Answer 11

lost economic costs due to passenger delays resulting from constraints to airport operations and capacity development

Question 12

True or False
The FAA requires that the airport executive restricts incompatible land use around the airport

Answer 12

False, they just have to attempt

Question 13

What are tactics to prevent incompatible development?

Answer 13

request to use AIP grant money to acquire land before the incompatible development is constructed on land

negotiating the adjacent zoning agencies, cities and counties to re-zone residential use land to commercial or light industrial

securing avigation easements on the property

Question 14

Does the FAA like residential development around an airport?

Answer 14

NO

Question 15

Will the FAA release airport property from its federal obligations for residential development?

Answer 15

NO

Question 16

When can obligated land be released?

Answer 16

only when the FAA finds it is no longer needed for airport purposes

Question 17

Does the FAA traditionally like airparks?

Answer 17

NO

Question 18

The restrictions on residential land use do not extend to whom?

Answer 18

temporary pilot or crew rest facilities

medical evacuation services where the air medical tenant provides temporary accommodations for patients

ARFF where there is a 24/7 requirement

commercial charter that provide passenger waiting areas

Question 19

What are common types of aeronautical activities?

Answer 19

air carrier services, flight training, aircraft rentals, maintenance operations, repair stations, aerial photography, crop dusting, banner towing, sightseeing, aerial surveying, aircraft sales, aircraft storage

Question 20

What is Grant Assurance 19, Operation and Maintenance?

Answer 20

it is establishing rules and regulations at each airport

it requires the airport o be operated at all times in a safe and serviceable condition and accordance with the minimum standards (MS)

Question 21

What is Grant Assurance 23, Exclusive Rights

Answer 21

restricts the airport executives from granting any tenant the exclusive right to conduct a particular commercial aeronautical service unless it would be unreasonably costly, burdensome, or impractical for more than one FBO to provide such services, and if allowing more than one FBO to provide such services would require the reduction of space leased to an existing tenant. BOTH conditions must be met

The FAA does not desire an airport o use MS in a way to unduly prohibit a type of aeronautical operation or business, nor to create an exclusive right

Question 22

What is Grant Assurance 22, Economic Discrimination

Answer 22

the airport must be available for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services at the airport

it may not restrict an individual user of a specific type of aircraft and them allow other users of that same aircraft type to operate

airport operators are allowed to implement reasonable restrictions and rules for the airport’s safety

Question 23

What does Grant Assurance 19 cover?

Answer 23

Security, conduct of individuals using the airport, conduct of tenants and vendors using the airport, schedule of fees rates and charges, vehicle movements nit he AOA and aircraft movement areas

Question 24

What is the airport sponsor’s prerogative when it comes to MS?

Answer 24

to establish them for aeronautical commercial service and establish self-service rules and regulations for all other airport activities

Question 25

What are the benefits of MS to the airport users?

Answer 25

promote safety in all airport activities and keep a high quality of service for users
protect users from unlicensed and unauthorized products and services
enhance the availability of adequate services
to provide a clear and objective distinction between service providers that will provide a good service or not

Question 26

Minimum standards allow an airport sponsor to…

Answer 26

ensure a safe operating environment, impose conditions that ensure the safe and efficient operation of the airport , prevent disputes between aeronautical providers, provide quality services to the public, avoid political influences, ensure the orderly development of the airport, comply with grant assurances, protect the airport by ensuring tenants maintain minimum levels of insurance

Question 27

Minimum standards protect airport tenants…

Answer 27

protecting them from the potential devaluation of their lease and operation from new competition entering the airport market at lower than required initial investment and operating requirements, by providing a level playing field in which airport tenants understand and abide by the initial and continuing levels of commitment

Question 28

Minimum standards MUST…

Answer 28

apply to all providers of aeronautical services, from full-service to FBOs and single service providers
impose conditions that ensure safe and efficient operation of the airport per FAA guidance when available
be reasonable, not unjustly discriminatory, attainable, uniformly applied, and reasonably protect providers of aeronautical services from unreasonable competition
be relevant to the activity for which they apply
provide the opportunity for others that meet the standards to offer aeronautical services

Question 29

What must a restriction imposed for safety or efficiency purposes that an aeronautical user subsequently challenges need?

Answer 29

it requires concurrence from FAA Flight Standards (F) and/or Air Traffic (ATO) before the ADO or Regional Airport Division can determine if the restriction is reasonable, and thus approve the restriction

Question 30

Restrictions that have been permitted in the past include:

Answer 30

prohibiting the use of an airport by and aircraft that does not have adequate communications equipment

aircraft weight restrictions

prohibiting certain operations that affect other aeronautical users

Question 31

What is an exception to the granting of exclusive rights?

Answer 31

if the airport sponsor elects to provide any or all aeronautical services at the airport; airport owners can not contract out to a 3rd party

Question 32

What is Grant Assurance 39, Competitive Access?

Answer 32

it requires large and medium hub airport operators to report to the Secretary of Transportation any denial of a request by an air carrier to access the airport

Question 33

What are some examples where airport operators are allowed to implement reasonable restrictions and rules for the airport’s safety under GA 22?

Answer 33

aircraft maintenance, fueling operations and painting can be confined to appropriate locations

the airport can impose rules that limit equipment, personnel or practices that are unsafe, unsightly, or detrimental to the welfare of the airport

the airport can place restrictions on hangars to related aeronautical activities

Question 34

What may owners or operators do under GA 22?

Answer 34

perform self-service operations; maintenance, preventative maintenance, rebuilding, and alteration

use their own sources for parts and supplies

perform self-fueling, including brining fuel to the airport

Question 35

What is self-fueling?

Answer 35

an airport tenant that fuels its own aircraft with its own fuel, personnel, ect

Question 36

What is Self-service fueling?

Answer 36

an optional function of an FBO that provides a gas pump for small aircraft operators to pump the FBOs fuel into their aircraft

Question 37

Hanger use restrictions per FAA policy

Answer 37

hangars should be used to store an aircraft i.e., an approved aeronautical use

Question 37

What are not appropriate uses for a hangar?

Answer 37

as a residence, general storage of non-aeronautical items, any activity that impedes the movement of aircraft, storage of inventory or items unrelated to an aeronautical use, using it as a base of operation for a non-aeronautical business

Question 38

What are Special Events

Answer 38

generally are accepted practices, provided the lessee confines the activities to their leasehold area and doesn’t conduct activities that could interfere with the airport’s operation

weekend BBQ, pancake breakfast, and similar activities are OK

Question 39

What are preventative maintenance items and where can you find the complete list?

Answer 39

tire repair, adding oil or air to landing gear shock struts, preplacing defective safety wiring or cotter keys, simple fabric patches, top off hydraulic fluid, replacing faulty belts and clearing spark plugs

complete list in FAR part 43

Question 40

What is a through the fence agreement (TTF)

Answer 40

a business operation located off the airport property and is not under the airports control. But the business has access to airport runway an taxiway systems through and access agreement

they are not prohibited, but are strongly discouraged

Question 41

How are airports expected to negotiate a TFF?

Answer 41

they require access fees proportional to the amount of money it would cost if they were to lease the same amount of property from the airport

they must be decided on a case by case basis regarding the positive and negative impacts on the airport business operations and other factors