FAA Monday unveiled its proposed policy on residential through-the-fence agreements at general aviation airports to comply the FAA reauthorization bill, which the President signed into law earlier this year. Comments on the proposal are due on or before August 29, 2012.
FAA's longstanding policy had been to discourage residential-through-the-fence agreements at general aviation airports. In March 2011, the agency adopted an interim policy that allowed existing through-the-fence agreements to continue on the condition that airports develop access plans. The interim rule also shut the door on new residential through-the-fence agreements.
General aviation advocates in Congress added language to the FAA reauthorization bill to permit new through-the-fence agreements. Specifically, the bill states that it is not a violation of an airport's grant assurance if it enters into an agreement to allow a person, who owns residential property adjacent to the airport, to have access to the airfield. The bill prohibits any aircraft refueling from occurring on residential property and includes other terms and conditions on property owners.
FAA is seeking comments on its interpretation of the residential through-the-fence provision in the FAA bill. Its proposed policy, which appeared in Monday's Federal Register. may be viewed at http://www.gpo.gov/fdsys/pkg/FR-2012-07-30/pdf/2012-18058.pdf. According to the notice, FAA "will refrain from finalizing its implementing guidance until after a final policy is published in a subsequent public notice."
For additional information, AAAE Airport Legislative Alliance members may view additional information online at http://www.aaae.org/federal_affairs/airport_legislative_alliance/airport_alerts/.