A Guide for Compliance with Grant Agreement Obligations to Provide Reasonable Access to an AIP-Funded Public Use General Aviation Airport (2015)

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A-1 Appendix A AERONAUTICAL ACTIVITY FACT SHEETS CONTENTS AIRSHOWS, STATIC DISPLAYS & EXHIBITIONS......................................................................2 BANNER TOWING .......................................................................................................................3 CARGO OPERATIONS ................................................................................................................4 FLIGHT TRAINING .......................................................................................................................5 HELICOPTERS.............................................................................................................................6 JETS .............................................................................................................................................7 NOISE RULES..............................................................................................................................8 SCHEDULED PASSENGER SERVICE........................................................................................9 SELF-SERVICE ..........................................................................................................................10 SKYDIVING ................................................................................................................................12 THROUGH-THE-FENCE OPERATIONS ...................................................................................14 ULTRALIGHTS, GLIDERS, AND EXPERIMENTAL AIRCRAFT ................................................15 WEIGHT-BASED RESTRICTIONS ............................................................................................16

A-2 Page 2 What is it? Airport operators host a variety of special aeronautical events to engage local communities, promote aviation and demonstrate the value and benefit of the airport. Special aeronautical events include air shows, fly-ins, static aircraft displays, flying exhibitions, open houses and other community events requiring access to the airfield. How is it regulated by the FAA? Aviation events require a Certificate of Waiver or Authorization (FAA Form 7711-2) that has been approved and issued by the appropriate FAA Flight Standards District Office. See FAA, Advisory Circular 91-45C, Waivers: Aviation Events (1990). The FAA may issue a Notice to Airmen (NOTAM) and establish a temporary flight restriction (TFR) in connection with aerial demonstrations. See 14 C.F.R. § 91.145. How is it regulated by airport operators? Airport operators may have policies requiring a written agreement with the event sponsor and/or negotiate agreements for individual events. Standard conditions may include insurance, indemnification, safety, security, parking and emergency response. How common are local regulations and what are some examples? The August 22 – October 17, 2013 edition of the Airport/Facility Directory does not contain any limitations or restrictions on “air shows”. Where can I look for additional information? FAA, Waivers and Authorizations, available at http://www.faa.gov/about/initiatives/airshow/waiver/media/waiver_auth_info.pdf; FAA, FAA Form 7711-2: Application For Certificate of Waiver or Authorization, available at http://www.faa.gov/documentlibrary/media/form/faa7711-2.pdf; FAA, Ground Operations Plans, available at http://www.faa.gov/airports/airport_safety/airshows/; FAA, Advisory Circular 91-63C, Temporary Flight Restrictions (2004) FAA, Order 5190-6B, Airport Compliance Manual, § 7.21 (Temporary Closing of an Airport) (2009) Transportation Research Board, Airport Cooperative Research Program, Synthesis 41: Conducting Aeronautical Special Events at Airports (2013) Aircraft Owners and Pilots Association, Airport Open House: The Complete Guide to Holding an Airport Open House, available at http://www.aopa.org/- /media/Files/AOPA/Home/News/All%20News/2001/2000%20Annual%20Report%20of%20the%20Aircraft%20 Owners%20and%20Pilots%20Association/open_house.pdf AIR SHOWS, STATIC DISPLAYS & EXHIBITIONS

A-3 Page 3 What is it? Banner towing, sometimes known as aerial advertising, involves attaching a banner to an aircraft and flying the aircraft over populated areas or congregations of people, typically at low altitude. How is it regulated by the FAA? Operators may be required to submit FAA Form 7711-2, Application for Certificate of Waiver or Authorization, to the FAA Flight Standards District Office to obtain a waiver from minimum altitude and other requirements of 14 C.F.R. Part 91. How is it regulated by airport operators? An airport operator may determine that banner towing should be restricted or prohibited when the airport serves a high volume of commercial passenger aircraft and/or high-speed general aviation jet aircraft. See Director’s Determination, Florida Aerial Advertising v. St. Petersburg – Clearwater International Airport, FAA Docket No. 16- 03-01 (2003). Banner towing is subject to complying with airport minimum standards and paying the fees established by the airport operator for conducting the activity. See Director’s Determination, Drake Aerial Enterprise v. City of Cleveland, FAA Docket No. 16-09-02 (2010). Local governments may restrict banner towing in the interest of protecting the visual landscape. See Center for Bio-Ethical Reform v. City and County of Honolulu, 455 F.3d 910 (9th Cir. 2006); Skysign International, Inc. v. City and County of Honolulu, 276 F.3d 1109 (9th Cir. 2002). How common are local regulations and what are some examples? The search term “banner towing” appears in the August 22 – October 17, 2013 edition of Airport/Facility Directory 47 times, and 8 airports (or 17%) have limited or restricted this activity in some way. Examples of notifications concerning limitations and/or restrictions on banner towing include the following: “Banner towing prohibited within 2 NM of the airport.” “Banner towing on weekends from May–Sep.” “Arpt CLOSED to banner towing ops.” Where can I look for additional information? FAA/FS-I-8700-1, Information for Banner Tow Operations (2003) Director’s Determination, United Aerial Advertising v. County of Suffolk, FAA Docket No. 16-99-18 (May 8, 2000) Record of Decision, Gary’s Banners Aerial Advertising v. Capital Region Airport Auth., FAA Docket No. 13- 96-17 (1999) BANNER TOWING

A-4 Page 4 What is it? The transportation of material and goods, including hazardous substances and hazardous wastes, by aircraft between two points for compensation or hire. How is it regulated by the FAA? Depending on the size of aircraft used to haul cargo, cargo operators may have to be certificated by the FAA in accordance with 14 C.F.R. Part 119 or Part 125. Airports that serve all-cargo operations are not required to maintain an airport operating certificate pursuant to 14 C.F.R. Part 139. How is it regulated by airport operators? Cargo operations may be affected directly by weight-based restrictions and/or by limits on the nature of the cargo (e.g., hazardous or explosive materials). Cargo operations may also be affected by land use plans and requirements imposed by the local government that may limit the availability of land for distribution and warehousing facilities. An airport operator may establish performance milestones in a lease for an air cargo development project and may terminate that lease in the event that lessee fails to meet those required milestones. See Director's Determination, RDM, LLC v. Ted Stevens Anchorage International Airport, FAA Docket No. 16-09-14 (2011). How common are local regulations and what are some examples? The search term “cargo” appears in the August 22 – October 17, 2013 edition of Airport Facility Directory 65 times, and 37 airports (or 57%) have limited or restricted this activity in some way. Examples of notifications concerning limitations and/or restrictions on cargo operations include the following: “Cargo operations over 100,000 lbs call (phone number).” “PPR 48 hrs for acft carrying hazardous or explosive cargo.” “Haz cargo ops unavbl.” Where can I look for additional information? FAA, Advisory Circular 150/5230-4B, Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports (2012) CARGO OPERATIONS

A-5 Page 5 What is it? Flight training includes instruction received from a flight school in an aircraft or aircraft simulator. How is it regulated by the FAA? Flight schools are subject to 14 C.F.R. Part 141 (Pilot Schools). Flight schools also are subject to regulation by the Transportation Security Administration (TSA), including the TSA Alien Flight Student Program (49 C.F.R. Part 1552). How is it regulated by airport operators? Often, flight training is recognized by airport operators as a commercial aeronautical activity and addressed in airport minimum standards. Airport operators may prescribe standards for leased space, personnel, number and type of aircraft, hours of operation and insurance. Pursuant to the Airport Sponsor Assurances, airport operators may limit flight training activities if necessary for the safe operation of the airport (or to serve the civil aviation needs of the public). In one case, the FAA found that an airport operator lacked sufficient justification to impose restrictions on flight training. See Director’s Determination, Aircraft Owners and Pilots Association v. City of Pompano Beach, FAA Docket No. 16-04-01 (2005). How common are local regulations and what are some examples? The search term “flight training” appears in the August 22 – October 17, 2013 edition of Airport Facility Directory 107 times, and 15 airports (or 14%) have limited or restricted this activity in some way. Examples of notifications concerning limitations and/or restrictions on flight training include the following: "Flight training prohibited 0400-1200Z." "Multiengine flight training prohibited SS to SR Sun and holiday." "Helicopter flight training ops prohibited." Where can I look for additional information? 14 C.F.R. Part 61 (Certification: Pilots, Flight Instructors, and Ground Instructors) 14 C.F.R. Part 141 (Pilot Schools) 49 C.F.R. Part 1552 (Flight Schools) FAA, Advisory Circular 150/5190-7, Minimum Standards For Commercial Aeronautical Activities, Paragraph 2.1 (2006) Santa Monica Airport Association v. City of Santa Monica, 481 F.Supp. 927 (C.D. Cal. 1979) aff’d 659 F.2d 100 (9th Cir. 1981) Opinion Letter from Daphne Fuller, FAA, to K. Bohne re: Approved Town of Grant-Valkaria Ordinance (Aug. 7, 2009) FLIGHT TRAINING

A-6 Page 6 What is it? Helicopters are a type of aircraft that derives both lift and propulsion from one or two sets of horizontally revolving overhead rotors. It is capable of moving vertically and horizontally, the direction of motion being controlled by the pitch of the rotor blades. How is it regulated by the FAA? The FAA regulates several aspects of helicopter manufacturing and operations, including helicopter noise (14 C.F.R. Part 36, Subpart H), external load operations (14 C.F.R. Part 133), and heliports (14 C.F.R. Part 157). The FAA also prescribes routes for helicopter operations and publishes helicopter route charts. How is it regulated by aircraft operators? Airport sponsors may adopt restrictions on helicopter operations to protect nearby residents from significant noise intrusion. However, the adopted regulations may not discriminate in regards to either aircraft size or routes flown. See National Helicopter Corp. v. City of New York, 137 F.3d 81 (2d Cir. 1998). Local regulation of external load operations may be preempted by federal law. See Command Helicopters, Inc. v. City of Chicago, 691 F.Supp. 1148 (N.D. Ill. 1988). How common are local regulations and what are some examples? The search term “helicopter” appears in the August 22 – October 17, 2013 edition of the Airport/Facility Directory 518 times and there are 117 (23%) limitations or restrictions on helicopter operations noted. Examples include the following: “Helicopters landing and departing avoid overflying fuel farm” “Arpt CLOSED to helicopter ops.” “All helicopter ops are prohibited unless a current letter of authorization is on file at the arpt office which includes an FAA approval and an FAA endorsed flight pattern as well as a written approval from the arpt management.” Where can I look for additional information? FAA, Advisory Circular 150/5390-2C, Heliport Design (2012) Condor Corp. v. City of St. Paul, 912 F.2d 215 (8th Cir. 1990) Santa Monica Airport Association v. City of Santa Monica, 481 F.Supp. 927 (C.D. Cal. 1979) aff’d 659 F.2d 100 (9th Cir. 1981) HELICOPTERS

A-7 Page 7 What is it? Some airport operators may seek to restrict operations based on aircraft type. Aircraft can be differentiated by propulsion (propeller-driven versus turbine-powered) or by other criteria, such as approach speed or wingspan. Airport operators may be motivated by noise, safety or a combination of considerations. How is it regulated by the FAA? The FAA requires airport operators to consider the size of aircraft using an airport in order to design runways and other airfield improvements. See FAA, Advisory Circular 150/5300-13A, Airport Design (2012). The FAA is responsible for aircraft certification, but does not regulate aircraft based on type. How is it regulated by airport operators? Airport operators have sought to adopt rules banning, for example, all jet aircraft or certain types and categories of aircraft. A reviewing court found that a ban on jet aircraft violates the Equal Protection Clause of the U.S. Constitution and imposes an impermissible burden on interstate commerce. Santa Monica Airport Association v. City of Santa Monica, 481 F.Supp. 927, 943-944 (C.D. Cal. 1979) aff’d 659 F.2d 100 (9th Cir. 1981). The FAA and a reviewing court found that a ban on Category C and D aircraft is unreasonable and unjustly discriminatory. City of Santa Monica v. FAA, 631 F.3d 550 (D.C. Cir. 2011) (on review of In re Compliance With Federal Obligations by the City of Santa Monica, FAA Docket No. 16-02-08). How common are local regulations and what are some examples? The search terms “jet”, “Category C”, and “Category D” appear in the August 22 – October 17, 2013 edition of the Airport Facility Directory 225 times, and 94 airports (or 42%) have either limited or restricted aircraft (in some way) on the basis of these distinctions. Examples include the following: “Arpt closed to jet acft except PPR call arpt manager.” “Category C and D acft ops prohibited.” “Arpt closed to jet acft over 12,500 lbs.” Where can I look for additional information? FAA, Advisory Circular 150/5325-4B, Runway Length Requirements For Airport Design (2005) JETS

A-8 Page 8 What is it? While airport operators can take a variety of actions that may affect aircraft noise, typically, “noise rules” are specifically designed and intended to reduce aircraft noise and the corresponding impact on communities surrounding the airport. How is it regulated by the FAA? The FAA regulates aircraft noise by, for example, prescribing noise standards for aircraft manufacturing (14 C.F.R. Part 36), prescribing noise limits for aircraft in operation (14 C.F.R. Part 91, Subpart I), supporting noise analysis and land use compatibility planning (14 C.F.R. Part 150), and prescribing procedural and substantive requirements for local noise and access restrictions (14 C.F.R. Part 161). How is it regulated by airport operators? Airport operators have enacted a variety of limitations and/or restrictions on aircraft noise, including nighttime curfews and limits on aircraft generating high noise levels. The FAA and reviewing courts have established the following legal principles with respect to noise rules: Government bodies, other than the airport proprietor, are expressly preempted from imposing airport noise rules. See Pirolo v. City of Clearwater, 711 F.2d 1006 (11th Cir. 1983); see also City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973). Airport proprietors may enact reasonable, non-arbitrary, and non-discriminatory noise rules. See National Helicopter Corp. v. City of New York, 137 F.3d 81 (2d. Cir. 1998). How common are local regulations and what are some examples? The search term “noise” appears in the August 22 – October 17, 2013 edition of the Airport Facility Directory 618 times and 392 (or 63%) limitations or restrictions on noise are noted. Examples include the following: “Noise abatement procedures in effect, call arpt manager.” “Noise abatement restrictions: No touch and go ldgs or repeated tkf and ldgs 0400-1200Z‡ daily.” “Rwy 24 noise critical rwy maximum noise limit of 80 db between 0300-1200Z‡ and 90 db all other hrs.” Where can I look for additional information? 49 U.S.C. §§ 47521 – 47534 FAA, Order 5190.6B, Airport Compliance Manual, Chap. 13 (Noise and Access Restrictions) (2009) City of Naples Airport Auth. v. FAA, 409 F.3d 431 (D.C. Cir. 2005) (on review of In re: Compliance with Federal Obligations by the Naples Airport Authority, FAA Docket No. 16-01-15) United States v. City of Blue Ash, 621 F.2d 227 (6th Cir. 1980) National Aviation v. City of Hayward, 418 F. Supp. 417 (N.D. Cal. 1976) NOISE RULES

A-9 Page 9 What is it? Scheduled passenger service includes the scheduled transportation of passengers on board an aircraft between two points for compensation or hire. How is it regulated by the FAA? While airport operators are not required to seek an airport operating certificate, if an airport accommodates scheduled passenger operations in aircraft designed for more than 9 passenger seats and unscheduled passenger operations in aircraft designed for more than 30 seats, federal law requires that the airport operators maintain an airport operating certificate. 49 U.S.C. § 44706. Air carriers and pilots are prohibited from operating at airports that do not have an airport operating certificate and are not classified to serve the type of aircraft and operation. 14 C.F.R. § 121.590. How is it regulated by airport operators? Airport operators without an airport operating certificate may impose rules explicitly prohibiting scheduled and unscheduled passenger operations that would require a certificate. Additionally, airport governing bodies have adopted resolutions and other expressions of intent not to seek an airport operating certificate. These expressions of policy typically cannot bind a future governing body from changing the policy and pursuing a certificate. The FAA found and a reviewing court affirmed that it is unreasonable and unjustly discriminatory for an airport operator to ban all scheduled passenger service without demonstration of a valid safety justification. Arapahoe County Public Airport Authority v. FAA, 242 F.3d 1213 (10th Cir. 2001) (on review of Centennial Express Airlines v. Arapahoe County Public Airport Authority, FAA Docket Nos. 16-98-05, 13-94-03 and 12-94-25). How common are local regulations and what are some examples? The search terms “airline” and “air carrier” appear in the August 22 – October 17, 2013 edition of Airport Facility Directory 608 times, and 97 airports (or 16%) have limited or restricted this activity in some way. Examples of notifications concerning limitations and/or restrictions on scheduled passenger service include: "CLOSED to air carrier ops with more than 30 passenger seats except PPR." "Unscheduled air carrier ops greater than 30 passenger seats require 12 hr prior permission." "24 hr PPR for air carrier acft operating under FAR Part 121 or Part 380, ctc arpt manager." Where can I look for additional information? FAA, Order 5190.6B, Airport Compliance Manual, §9.8(b) (2009) Arapahoe County Public Airport Authority v. Centennial Express Airlines, Inc., 956 P.2d 587 (Colo. 1998) Flamingo Express, Inc. v. FAA, 536 F.3d 561 (6th Cir. 2008) (on review of Flamingo Express, Inc. v. City of Cincinnati, FAA Docket No. 16-06-04) SCHEDULED PASSENGER SERVICE

A-10 Page 10 What is it? Self-service refers to the servicing of an aircraft by the aircraft owner. Self-service includes tying-down, adjusting, repairing, refueling, cleaning, and other types of service. Self-service is distinguished from commercial self-service fueling, which involves the fueling of aircraft by the owner or operator at a fuel-dispensing facility installed and maintained by a commercial aeronautical operator. How is it regulated by the FAA? The FAA prescribes requirements for the maintenance and repair of aircraft. See 14 C.F.R. Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alteration). Airport Sponsor Assurance 22(d) and (f) prohibit airport operators from preventing aircraft owners and operators from self-servicing. When is it subject to local regulation? Airport sponsors may impose reasonable conditions on self-fueling. See Director’s Determination, Scott Aviation, Inc. v. DuPage Airport Auth., FAA Docket No. 16-00-19 (2002); Director’s Determination, Maxim United, LLC v. Bd. of County Comm'rs of Jefferson County, FAA Docket No. 16-01-10 (2002). An airport sponsor is only obligated to provide an opportunity for self-fueling in a manner that is in the best interest of the public users, not unjustly discriminatory, and without creating an exclusive right. See Final Agency Decision, Monaco Coach Corp. v. Eugene Airport, FAA Docket No. 16-03-17 (2005); see also Director’s Determination, Airborne Flying Serv. Inc. v. City of Hot Springs, Ark., FAA Docket No. 16-07-06 (2007). It is not unreasonable for an airport sponsor to require an air charter and ambulance service to locate its fuel tank in the airport fuel farm rather than adjacent to its hangar location. See Directors Determination, Airborne Flying Services, Inc. v. City of Hot Springs, FAA Docket No. 16-07-06 (2008). How common are local regulations and what are some examples? The search term “self-service” appears in the August 22 – October 17, 2013 edition of the Airport Facility Directory 665 times; however, many references pertain solely to the availability of commercial self-service fueling. SELF-SERVICE

A-11 SELF-SERVICE (Cont.) Page 11 Where can I look for additional information? FAA, Order 5190.6B, Airport Compliance Manual, Chap. 11 (Self-Service) (2009) FAA, Advisory Circular 150/5230-4B, Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports (Sept. 28, 2012) Transportation Research Board, Airport Cooperative Research Program, Legal Research Digest 8: The Right to Self-Fuel (Dec. 2009) Director’s Determination, AmAv, Inc. v. Maryland Aviation Administration, FAA Docket No. 16-05-12, (2006) Jet 1 Ctr., Inc. v. Naples Airport Auth., FAA Docket No. 16-04-03 (2005) Director’s Determination, Cedarhurst Air Charter, Inc. v. County of Waukesha, Wisconsin, FAA Docket No. 16-99-14 (2000)

A-12 Page 12 What is it? Skydiving is jumping from an aircraft at a moderate or high altitude and deploying a parachute to create drag or lift for descent to the ground. Parachutes typically come in two shapes (round and square) and may be of multiple varieties, including ram-air parachutes that provide greater control over speed and direction. Commercial skydiving services are provided for compensation or hire, including training, equipment and air transportation. How is it regulated by the FAA? Skydiving is subject to 14 C.F.R. Part 105 (Parachute Operations). Pursuant to Part 105, FAA approval is required for skydiving over or into congested areas and open-air assemblies of people and in designated airspace. How is it regulated by airport operators? Pursuant to Part 105, skydiving over or onto an airport requires approval of airport management. Skydiving is recognized by the FAA to be an aeronautical activity. Consequently, commercial skydiving operators and skydivers are entitled to protection under the Airport Sponsor Assurances. The FAA has issued the following decisions on the regulation of commercial skydiving by airport operators: An airport sponsor's prohibition against establishment of an on-airport drop zone is unreasonable where FAA finds that it is safe to conduct on-airport parachute activities. Final Decision, Bodin v. County of Santa Clara, FAA Docket No. 16-11-06 (2013). An airport sponsor may prohibit access to the airport where the skydiving operator has a record of multiple infractions of minimum standards and potential violations of federal regulations. Director's Determination, Johnson v. Yazoo County, FAA Docket No. 16-04-06 (2006). Denial of access to the airport through imposition of unobtainable insurance requirements constitutes an unreasonable denial of access by an airport sponsor. Director’s Determination, Skydive Sacramento v. City of Lincoln, FAA Docket No. 16-09-09 (2011). How common are local regulations and what are some examples? The search term “commercial skydiving” appears in the August 22 – October 17, 2013 edition of Airport Facility Directory 33 times, and 5 airports (15%) have limited or restricted this activity in some way. Examples of notifications concerning limitations and/or restrictions on commercial skydiving include the following: "Local skydiving ops Fri-Sun." "Skydiving activities daily dawn to dusk." "Skydiving on arpt north of Rwy 25 approach end." SKYDIVING

A-13 SKYDIVING (Cont.) Page 13 Where can I look for additional information? 14 C.F.R. Part 105 (Parachute Operations) 14 C.F.R. § 91.307 (Parachutes and Parachuting) FAA, Draft Change 19 to Advisory Circular 150/5300-13, Airport Design Parachute Landing Area Standards (2012) FAA, Advisory Circular 105-2D, Sport Parachute Jumping (2011) FAA, Advisory Circular 150/5190-7, Minimum Standards For Commercial Aeronautical Activities, Paragraph 2.1 (2006) FAA, Advisory Circular 90-66A, Recommended Standard Traffic Patterns and Practices for Aeronautical Operations at Airports Without Operating Control Towers, Paragraph 9(e) (1983) Skydiving Center of Greater Washington D.C. v. St. Mary's County Airport Comm'n, 823 F.Supp. 1273 (D. Md. 1993) Blue Sky Entertainment, Inc. v. Town of Gardner, 711 F.Supp. 678 (1989) Director's Determination, Skydive Paris, Inc. v. Henry County, FAA Docket No. 16-05-06 (2006) Final Decision and Order, Nat'l Airlift Support Corp. v. Fremont County Bd. of Comm'rs, FAA Docket No. 16- 98-18 (1999) Record of Preliminary Findings, Kelly v. City of Coolidge, FAA Docket No. 13-94-11 (1998)

A-14 Page 14 What is it? Those activities permitted by an airport sponsor through an agreement that permits access to the airport (public landing area) by independent entities or operators offering an aeronautical activity or to owners of aircraft based on land adjacent to, but not part of, the airport property. How is it regulated by the FAA? When TTF operations are occurring on an AIP-funded public use general aviation airport, the FAA requires that airport sponsors maintain compliance with Airport Sponsor Assurances (generally) and 49 U.S.C. § 47107(t) (in particular). How is it regulated by airport sponsors? The movement of aircraft between airport property and adjacent property is not in itself an aeronautical activity and, as a result, entities wishing to access an airport (public landing area) through-the-fence are not protected by the Airport Sponsor Assurances. Further, airport sponsors are under no obligation to permit aircraft access to the airport (public landing area) from adjacent property. TTF entities are subject to all applicable policies, standards, rules, regulations and agreements of the airport sponsor when operating on the airport. Airport sponsors may also require TTF entities to comply with the same requirements on the adjacent property, in exchange for the privilege of TTF access and engaging in associated TTF activities. Where can I look for additional information? 49 U.S.C. § 47107(t) FAA, Airport Improvement Program (AIP): Policy Regarding Access to Airports From Residential Property, 79 F.R. 42,419 (2013) FAA, Compliance Guidance Letter 2013-01, FAA Review of Existing and Proposed Through-the-Fence Agreements (2013) FAA, Order 5190.6B, Airport Compliance Manual, § 12.7 (Agreements Granting "Through-the-Fence" Access) (2009), 20.3 (Residential Use of Land on or Near Airport Property), and 20.4 (Residential Airparks Adjacent to Federally Obligated Airports) FAA, Advisory Circular 150/5190-7, Minimum Standards For Commercial Aeronautical Activities, Paragraph 1.4 (2006) ACRP Report 114: Guidebook for Through-the-Fence (TTF) Operations (September 2014), which contains resources and citations. THROUGH-THE-FENCE OPERATIONS

A-15 Page 15 What is it? Ultralights, gliders and experimental aircraft may be smaller, lighter and slower than many general aviation and commercial aircraft. The FAA has specific definitions for “glider”, “light sport aircraft”, “light-than-air aircraft”, and “ultralight vehicles”. See 14 C.F.R. § 1.1 and § 103.1. How is it regulated by the FAA? The FAA regulates the certification (see e.g. 14 C.F.R. § 21.191 (Experimental Certificates)) and the operation of these types of aircraft (see e.g. 14 C.F.R. Part 103 (Ultralight Vehicles); 14 C.F.R. § 91.319 (Aircraft having experimental certificates: Operating limitations)). How is it regulated by airport operators? Airport sponsors may not enforce a ban on ultralight operations if such operations can be safely accommodated at the airport. See Director's Determination, Ultralight of Sacramento v. County of Sacramento, FAA Docket No. 16-00- 11 (2001). Airport operators may restrict the way in which ultralight operations are performed at an airport, if justified on the basis of safety. See Director’s Determination, Jones v. Lawrence County Commission, FAA Docket No. 16-11-07 (2013). How common are local regulations and what are some examples? The search terms “ultralight”, “glider”, and “experimental” appear in the August 22 – October 17, 2013 edition of Airport Facility Directory 816 times and 166 airports (20%) have limited or restricted these activities in some way. Examples of notifications concerning limitations and/or restrictions on these activities include the following: “Arpt CLOSED to ultralight acft except by prior permission from arpt manager.” “Glider ops May–Nov 1400Z–Sunset.” “Acft with experimental or limited certification having over 1,000 horsepower or 4,000 pounds are restricted to Rwy 11–29.” Where can I look for additional information? 14 C.F.R. §§ 21.191 – 21.195 14 C.F.R. Part 91, Subpart D (Special Flight Operations) 14 C.F.R. Part 103 (Ultralight Vehicles) FAA, Advisory Circular 90-66A, Recommended Standard Traffic Patterns and Practices for Aeronautical Operations at Airports Without operating Control Towers (1993) FAA, Advisory Circular 103-6, Ultralight Vehicle Operations, Airports, Air Traffic Control, and Weather (1986) Harrison v. Schwartz, 572 A.2d 528 (Md. 1990) Director's Determination, Orange County Soaring Association Inc. v. County of Riverside, FAA Docket No. 16- 09-13 (2011) Director's Determination, Dart v. City of Corona, FAA Docket No. 16-99-20 (2000) ULTRALIGHTS, GLIDERS, AND EXPERIMENTAL AIRCRAFT

A-16 Page 16 What is it? Airport operators design pavement to accommodate the loads and frequencies of the aircraft expected to use the airport over the expected life of the pavement. In order to preserve the life of airport pavement, some airport sponsors impose weight based restrictions or fees. How is it regulated by the FAA? The FAA prescribes specifications for the design of airfield pavements and further requires airport operators to implement an effective pavement maintenance and management program to keep pavement in a safe and serviceable condition. How is it regulated by airport operators? Airport sponsors may prohibit aircraft from using the airport when the maximum weight of the aircraft exceeds the capacity of the pavement at the airport. See Tutor v. City of Hailey, 2004 WL 344437 (D. Idaho Jan. 20, 2004). Airport sponsors may not allocate 100% of pavement maintenance costs to a small minority of airport users as distinguished by aircraft weight. This constitutes unjust discrimination. See Directors Determination, Bombardier Aerospace Corp. v. City of Santa Monica, FAA Docket No. 16-03-11 (2005). How common are local regulations and what are some examples? Together, the search terms “pounds” and “lbs” appear in the August 22 – October 17, 2013 edition of Airport/Facility Directory 631 times, and 568 airports (or 90%) have limited or restricted aircraft on the basis of weight. Examples of weight limitations and/or restrictions include the following: “Ldg fee for acft over 12,500 pounds.” “Rwy 12-30 limited by arpt manager to 155,000 lbs dual wheel gear.” “All rwys for loads over 100,000 lbs prior permission required.” Where can I look for additional information? FAA, Advisory Circular 150/5320 – 6E, Airport Pavement Design and Evaluation (2009) FAA, Proposed Policy, Weight Based Restrictions at Airports, 68 Fed. Reg. 39176 (2003) FAA, Order 5190-6B, Chap. 7 (Airport Operations) Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055 (9th Cir. 2006) Millard Refrigerated Services, Inc. v. FAA, 98 F.3d 1361 (D.C. Cir. 1996) (on review of Millard Refrigerated Services, Inc. v. Omaha Airport Authority, FAA Docket No. 13-93-19) WEIGHT-BASED RESTRICTIONS