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HomeMy WebLinkAboutC11-212 FAA Interim Policy RTTF Access w r U.S. Department Denver Airports District Office of Transportation 26805 E. 68th Ave., Suite 224 Federal Aviation Northwest Mountain Region Denver, CO 80249 -6361 Administration (303) 342 -1282 April 26, 2011 Mr. Chris Anderson Box 850 Eagle, CO 81631 Eagle County Regional Mr. Anderson, On March 18, 2011, the Federal Aviation Administration (FAA) published its interim policy on residential through -the- fence (RTTF) access to federally - obligated airports in the Federal Register (76 Fed. Reg. 15028; March 18, 2011). The purpose of this letter is to: 1. notify you of the interim policy and revised grant assurances; 2. direct you to resources regarding this policy 3. ask you to certify the status of RTTF at your airport within 90 days; and 4. ask you to identify the status of residential use on airport property The interim policy clarifies the FAA's concerns about arrangements allowing aircraft owners to taxi from their residential property onto a federally - obligated airport. Although the FAA is amending Grant Assurance 5, Preserving Rights and Powers, by adding paragraph "g" to prohibit these arrangements in the future, the interim policy does not require sponsors with existing arrangements to terminate this practice. Rather, the interim policy requires sponsors with existing RTTF arrangements to adopt measures to substantially mitigate existing and potential problems with RTTF access. As a result, airport sponsors with existing access will need to identify all RTTF access points on their Airport Layout Plan (ALP) and develop an access plan. The interim policy requires all airport sponsors to certify their status with regard to the interim policy. Compliance Guidance Letter (CGL) 2011 -1, FAA Implementation of Interim Policy Regarding Access to Airports From Residential Property and Review of Access Arrangements, explains how the FAA will implement the interim policy. The interim policy, the CGL, and additional resources have been posted on the FAA's Web site at: http: / /www.faa. gov /airports / airport_ compliance /resi denti al_th rough_th e_fen ce /. Please review these documents to determine if RTTF access exists at your airport and certify your status to this office within 90 days. Your certification may be submitted with the form enclosed, by adopting a local resolution, or submitting a signed affidavit. Your certification will determine how the FAA applies paragraph "g" of Grant Assurance 5 at your airport. As of March 18, 2011, Grant Assurance 5(g) is effective. All grants accepted after March 18, 2011 will contain this grant assurance which reads as follows: "It [airport sponsor] will not permit or enter into any arrangements that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport." Sponsors certifying the presence of existing RTTF arrangements will need to comply with the interim policy as follows: 1. If your FAA- approved ALP does not currently depict the RTTF access points, the ALP should be updated with a pen and ink change and sent to the FAA with the certification. 2. You must submit two copies of your access plan before October 1 of the fiscal year in which the you will request an AIP grant beginning in Fiscal Year 2013 (i.e., October 1, 2012 if seeking a grant in Fiscal Year 2013). . 1 1 - - - a 12- r , 2 In addition, if residential use exists on your airport property, please provide a pen and ink change to your ALP identifying the location of these residences. This information will be reviewed separately from the RTTF access plan. Residential use is defined as A piece of real property used for single- or multi - family dwellings; duplexes; apartments; primary or secondary residences even when co- located with a hangar, aeronautical facility, or business; hangars that incorporate living quarters for permanent or long -term use; and time -share hangars with living quarters for variable occupancy of any term. If you have any questions or need additional information, please feel free to contact Marc Miller at (303) 342 -1282. Sincerely, John P. Bauer, Manager Denver Airports District Office A U.S. Department of Transportation Federal Aviation Administration Airport Improvement Program SPONSOR CERTIFICATION RESIDENTIAL THROUGH - THE -FENCE ACCESS Eagle County Government Eagle County Regional Airport (Sponsor) (Airport) Title 49, United States Code, Section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on Residential Through- the -Fence (RTTF) access are in the FAA's Interim Policy (76 Fed. Reg. 15028; March 18, 2011) and further explained in the FAA's Compliance Guidance Letter 2011- 1, FAA Implementation of Interim Policy Regarding Access to Airports From Residential Property and Review of Access Arrangements (March 21, 2011). The AIP project grant agreement contains a specific assurance on RTTF and may contain a special condition regarding the status of RTTF at this airport. Except for the certified items below marked not applicable (N /A), the list describes the current status of RTTF at this airport. This certification does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No 1. This airport has Existing Access from Residential Property as X defined in the FAA's Interim Policy (76 Fed. Reg. 15028; March 18, 2011). 2. This airport will submit an RTTF access plan in accordance X with the Interim Policy prior to requesting its first AIP grant after Fiscal Year 2012. I certify the responses to the forgoing items are accurate as marked and further certify to the best of my information and belief that all required RTTF submissions will be correct and complete. Eagle County Government LO -(, 1 (Name of Sponsor) (Date) 7!'• (Signature of Spon . �i esignated Offi . ial Representative) Jon Stavney (Typed Name of Sponsor's Designated Official Representative) Chairman, Eagle County Board of Commissioners (Typed Title of Sponsor's Designated Official Representative) March 2011