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A I R P O R T C O O P E R A T I V E R E S E A R C H P R O G R A M ACRP REPORT 114 TRANSPORTAT ION RESEARCH BOARD WASHINGTON, D.C. 2014 www.TRB.org Research sponsored by the Federal Aviation Administration Subject Categories Aviation Guidebook for Through-the-Fence Operations Stephanie A. D. Ward Regan A. Schnug Mead & Hunt, Inc. Madison, WI Jeff A. Kohlman Paul A. Meyers avIatIon ManageMent consultIng group, Inc. Centennial, CO Daniel Reimer Kaplan KIrscH & rocKwell llp Denver, CO Summer Marr Sarah Arnold Marr arnold plannIng, llc Cincinnati, OH Kevin Shirer woolpert, Inc. Dayton, OH
AIRPORT COOPERATIVE RESEARCH PROGRAM Airports are vital national resources. They serve a key role in trans portation of people and goods and in regional, national, and inter national commerce. They are where the nationâs aviation system connects with other modes of transportation and where federal respon sibility for managing and regulating air traffic operations intersects with the role of state and local governments that own and operate most airports. Research is necessary to solve common operating problems, to adapt appropriate new technologies from other industries, and to introduce innovations into the airport industry. The Airport Coopera tive Research Program (ACRP) serves as one of the principal means by which the airport industry can develop innovative nearÂterm solutions to meet demands placed on it. The need for ACRP was identified in TRB Special Report 272: Airport Research Needs: Cooperative Solutions in 2003, based on a study spon sored by the Federal Aviation Administration (FAA). The ACRP carries out applied research on problems that are shared by airport operating agencies and are not being adequately addressed by existing federal research programs. It is modeled after the successful National Coopera tive Highway Research Program and Transit Cooperative Research Pro gram. The ACRP undertakes research and other technical activities in a variety of airport subject areas, including design, construction, mainte nance, operations, safety, security, policy, planning, human resources, and administration. The ACRP provides a forum where airport opera tors can cooperatively address common operational problems. The ACRP was authorized in December 2003 as part of the Vision 100ÂCentury of Aviation Reauthorization Act. The primary participants in the ACRP are (1) an independent governing board, the ACRP Oversight Committee (AOC), appointed by the Secretary of the U.S. Department of Transportation with representation from airport operating agencies, other stakeholders, and relevant industry organizations such as the Airports Council InternationalÂNorth America (ACIÂNA), the American Associa tion of Airport Executives (AAAE), the National Association of State Aviation Officials (NASAO), Airlines for America (A4A), and the Airport Consultants Council (ACC) as vital links to the airport community; (2) the TRB as program manager and secretariat for the governing board; and (3) the FAA as program sponsor. In October 2005, the FAA executed a contract with the National Academies formally initiating the program. The ACRP benefits from the cooperation and participation of airport professionals, air carriers, shippers, state and local government officials, equipment and service suppliers, other airport users, and research orga nizations. Each of these participants has different interests and respon sibilities, and each is an integral part of this cooperative research effort. Research problem statements for the ACRP are solicited periodically but may be submitted to the TRB by anyone at any time. It is the responsibility of the AOC to formulate the research program by iden tifying the highest priority projects and defining funding levels and expected products. Once selected, each ACRP project is assigned to an expert panel, appointed by the TRB. Panels include experienced practitioners and research specialists; heavy emphasis is placed on including airport pro fessionals, the intended users of the research products. The panels pre pare project statements (requests for proposals), select contractors, and provide technical guidance and counsel throughout the life of the project. The process for developing research problem statements and selecting research agencies has been used by TRB in managing cooper ative research programs since 1962. As in other TRB activities, ACRP project panels serve voluntarily without compensation. Primary emphasis is placed on disseminating ACRP results to the intended endÂusers of the research: airport operating agencies, service providers, and suppliers. The ACRP produces a series of research reports for use by airport operators, local agencies, the FAA, and other interested parties, and industry associations may arrange for work shops, training aids, field visits, and other activities to ensure that results are implemented by airportÂindustry practitioners. ACRP REPORT 114 Project 10Â12 ISSN 1935Â9802 ISBN 978Â0Â309Â30792Â5 Library of Congress Control Number 2014946832 © 2014 National Academy of Sciences. All rights reserved. COPYRIGHT INFORMATION Authors herein are responsible for the authenticity of their materials and for obtaining written permissions from publishers or persons who own the copyright to any previously published or copyrighted material used herein. Cooperative Research Programs (CRP) grants permission to reproduce material in this publication for classroom and notÂforÂprofit purposes. Permission is given with the understanding that none of the material will be used to imply TRB or FAA endorsement of a particular product, method, or practice. It is expected that those reproducing the material in this document for educational and notÂforÂprofit uses will give appropriate acknowledgment of the source of any reprinted or reproduced material. For other uses of the material, request permission from CRP. NOTICE The project that is the subject of this report was a part of the Airport Cooperative Research Program, conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. The members of the technical panel selected to monitor this project and to review this report were chosen for their special competencies and with regard for appropriate balance. The report was reviewed by the technical panel and accepted for publication according to procedures established and overseen by the Transportation Research Board and approved by the Governing Board of the National Research Council. The opinions and conclusions expressed or implied in this report are those of the researchers who performed the research and are not necessarily those of the Transportation Research Board, the National Research Council, or the program sponsors. The Transportation Research Board of the National Academies, the National Research Council, and the sponsors of the Airport Cooperative Research Program do not endorse products or manufacturers. Trade or manufacturersâ names appear herein solely because they are considered essential to the object of the report. Published reports of the AIRPORT COOPERATIVE RESEARCH PROGRAM are available from: Transportation Research Board Business Office 500 Fifth Street, NW Washington, DC 20001 and can be ordered through the Internet at http://www.nationalÂacademies.org/trb/bookstore Printed in the United States of America
The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. C. D. Mote, Jr., is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Victor J. Dzau is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academyâs purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. C. D. Mote, Jr., are chair and vice chair, respectively, of the National Research Council. The Transportation Research Board is one of six major divisions of the National Research Council. The mission of the Transporta- tion Research Board is to provide leadership in transportation innovation and progress through research and information exchange, conducted within a setting that is objective, interdisciplinary, and multimodal. The Boardâs varied activities annually engage about 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individu- als interested in the development of transportation. www.TRB.org www.national-academies.org
C O O P E R A T I V E R E S E A R C H P R O G R A M S CRP STAFF FOR ACRP REPORT 114 Christopher W. Jenks, Director, Cooperative Research Programs Michael R. Salamone, ACRP Manager Marci A. Greenberger, Senior Program Officer Joseph J. Brown-Snell, Program Associate Eileen P. Delaney, Director of Publications Margaret B. Hagood, Editor ACRP PROJECT 10-12 PANEL Field of Operations Robert B. âRustyâ Chapman, Delta Airport Consultants, Inc., McDonough, GA (Chair) Ann B. Crook, Elmira Corning Regional Airport, Horseheads, NY Gary P. Mascaro, City of ScottsdaleâScottsdale Airport, Scottsdale, AZ Edward W. Moran, Esq, Lee County (FL) Port Authority, Ft. Myers, FL Bobbi Thompson, Minden-Tahoe Airport, ABS Aviation, Minden, NV William B. Welstead, City of Fort Worth/Meacham Airport System, Fort Worth, TX Joelle Briggs, FAA Liaison James I. Briggs, ACI-NA Liaison John L. Collins, Aircraft Owners and Pilots Association Liaison Christine Gerencher, TRB Liaison
ACRP Report 114: Guidebook for Through-the-Fence Operations examines the issues involved in throughÂtheÂfence (TTF) operations. This guidebook will help airport operators who cur rently have TTF operations at their airport as well as those who are evaluating TTF activities for their airports. The guidebook has many worksheets and tools to help in that evaluation and for structuring and managing TTF operations. A discussion on grant assurances will help those at federally obligated airports understand their responsibilities. TTF operations are those activities permitted by an airport sponsor through an agreement that provides access to the airside infrastructure to independent entities or operators that have property adjacent to, but are not a part of, the airport property. TTF operations occur at both general aviation and commercial service airports and can be residential, commer cial aeronautical, nonÂcommercial aeronautical, nonÂaeronautical, and government/military activities. There are many airports that have TTF operations, all with varying reasons for their exis tence. Until now there hasnât been any objective guidance available to help airport operators manage TTF activities they may have, help assess its applicability at their airport, and structure future agreements. Mead & Hunt, Inc. as part of ACRP Project 10Â12, was selected to con duct research to develop a guidebook that would discuss financial, operational, regulatory, legal and other issues associated with TTF. This guidebook will be useful to those airports who either need to manage existing TTF operations or those that are considering permitting, restricting, or prohibiting TTF activities. Worksheets for assessing TTF operations (as discussed in Chapter 5) and a PowerPoint template for TTF operations are available at http://www.trb.org/Main/Blurbs/170955.aspx. F o r e w o r d By Marci A. Greenberger Staff Officer Transportation Research Board
1 Summary 2 Chapter 1 Introduction 2 1.1 What Are ThroughÂTheÂFence (TTF) Operations? 3 1.2 Purpose of this Guidebook 4 1.3 Overview of this Guidebook 7 1.4 Key TTF Terms 8 1.5 Parties Having Direct Interest in TTF Operations 9 1.6 Background on the Types of TTF Activities 19 1.7 WrapÂUp 20 Chapter 2 Airport Sponsor Obligations 20 2.1 Introduction 21 2.2 Federal Statutes 23 2.3 Airport Sponsor Assurances 26 2.4 FAA Policies and Guidance 31 2.5 State Statutes, Assurances, Policies, and Guidance 31 2.6 WrapÂUp 32 Chapter 3 Legal Interests and Principles 32 3.1 Introduction 33 3.2 Legal Interests 34 3.3 Legal Principles Established Through FAA Decisions 39 3.4 Legal Principles Established Through Court Rulings 45 3.5 WrapÂUp 46 Chapter 4 Airport Planning, Management, and Compliance Tools 46 4.1 Introduction 47 4.2 Primary Planning Documents 50 4.3 Airport Sponsor Regulatory Measures 54 4.4 Primary Management and Compliance Documents 57 4.5 WrapÂUp 58 Chapter 5 Assessing TTF Operations 58 5.1 Introduction 59 5.2 Process for Assessing TTF Operations 64 5.3 Alternative Assessments 64 5.4 Airport Sponsor Obligations 69 5.5 Primary Planning Documents 72 5.6 Airport Sponsor Regulatory Measures 74 5.7 Primary Management and Compliance Documents 75 5.8 Land, Infrastructure, and Improvements 78 5.9 Activities C o N T e N T S
79 5.10 Interested Parties 81 5.11 WrapÂUp 82 5.12 Worksheets 94 Chapter 6 Structuring TTF Operations 94 6.1 Introduction 95 6.2 Policy 96 6.3 Application 98 6.4 Rents and Fees 101 6.5 Types of Agreements 105 6.6 TTF Agreement Terms and Conditions 119 6.7 WrapÂUp 120 Chapter 7 Managing TTF Operations 120 7.1 Introduction 121 7.2 Airport Sponsor Regulatory Measures 121 7.3 Primary Planning Documents 122 7.4 Primary Management and Compliance Documents 125 7.5 Airport Operations 127 7.6 Education and Enforcement 130 7.7 WrapÂUp 131 Appendix A Airport Sponsor Assurances 148 Appendix B Airports with TTF Operations 152 Appendix C TTF Operation Case Studies 167 Appendix D Glossary of Terms and Acronyms 171 Appendix E Bibliography