A Guide for Compliance with Grant Agreement Obligations to Provide Reasonable Access to an AIP-Funded Public Use General Aviation Airport (2015) / Chapter Skim
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Page 1 of 15 B-1 Appendix B PRACTICAL GUIDE TO THE LEASE AND USE OF AIRPORT PROPERTY
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B-2 Introduction When it comes to airport sponsors providing reasonable access to AIP-funded public use general aviation airports, it is not so much about determining whether or not certain aeronautical activities should be permitted at the airport, it is more about ascertaining how (and often time, where) certain aeronautical activities can be accommodated while simultaneously maintaining the safety, utility, and efficiency (and the security and compatibility)
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Page 3 of 15 B-3 operating and managing an airport (or a business) in such a manner as to maintain the safety, utility, and efficiency of the airport (or the business)
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B-4 Key Airport Assurances and Guidance From an airport perspective, an understanding of the assurances and related guidance is essential. Within this context, a discussion of some of the most relevant assurances and guidance – as it pertains specifically to leasing airport property for conducting commercial aeronautical activities – follows.
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Page 5 of 15 B-5 Airport Assurance 22. Economic Nondiscrimination This assurance states that the sponsor "will make the airport available as an airport 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 to the public at the airport." Assurance 22 requires that "Each FBO at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities." Order 6B states that "The sponsor must impose the same rates, fees, rentals, and other charges on similarly situated… FBOs… that use the airport and its facilities in the same or similar manner.
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B-6 Rules and regulations should include, but not necessarily be limited, to the following key sections: general, aircraft, vehicle, tenants, and fueling. If a business (or any other entity – for that matter)
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Page 7 of 15 B-7 treatment of businesses (existing and new)
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B-8 There is also an expectation (better yet, a given) that an airport (and the businesses located at the airport – for that matter)
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Page 9 of 15 B-9 Past • If a prospective business was interested in leasing airport property, how was it handled? o Was an application completed (and/or a proposal or business plan submitted)
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B-10 Planning: Does the airport have primary planning documents (i.e., strategic, business, and/or master plan) that, on a collective basis, convey the airport's mission, vision, values, goals, objectives, and action plans?
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Page 11 of 15 B-11 It is important to remember that the decision to do business at an airport is, perhaps, one of the most important choices a business can make. This approach is much like a job interview.
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B-12 similar. In other words, as long as the sponsor does not violate any obligations or contradict the FAA's guidance, the FAA would not have any objection to the approach; although, as with leases, the FAA will not approve or endorse an approach.
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Page 13 of 15 B-13 • Will the sponsor work with existing entities at the airport to determine the level of interest in leasing airport property and/or developing additional capacity to address the deficiency? • Will the sponsor issue a RFI, RFQ, and/or RFP seeking responses from other parties who may be interested in leasing airport property and/or adding capacity?
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B-14 Therefore, if a sponsor is interested primarily in identifying parties who are interested in a particular opportunity, the R F I process may be most appropriate. If a sponsor is interested in gaining a better understanding of the qualifications and experience of interested parties, the R F Q process may be most appropriate.
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Page 15 of 15 B-15 On one hand, it is incumbent upon sponsors – who have to work within a complicated framework of parameters – to provide the opportunity for a business to be successful. Certainly, this does not imply that sponsors are obligated to ensure the success of a business located at an airport.
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