9.7.
Availability of Leased Space. The sponsor’s federal obligation under
Grant Assurance 22,
Economic
Nondiscrimination, to
operate the airport for the public’s use and benefit is not
satisfied simply by keeping the
runways open to all classes of users. The assurance federally
obligates the sponsor to make
available suitable areas or space on reasonable terms to those
willing and qualified to offer
aeronautical services to the public (e.g. air carrier, air taxi, charter,
flight training, or crop dusting
services) or support services (e.g. fuel, storage, tie-down, or flight
09/30/2009 5190.6B
Page 9-9
line maintenance services) to
aircraft operators. Sponsors are also obligated to make space
available to support aeronautical
activity of noncommercial aeronautical users (i.e., hangars and
tie-down space for individual
aircraft owners). This means that unless it undertakes to provide
these services itself, the
sponsor has a duty to negotiate in good faith for the lease of premises
available to conduct aeronautical activities.
c. Activities
Offering Services to the Public. If adequate space is available on the
airport and
the sponsor is not already
providing identical aeronautical services, Grant Assurance 22,
Economic
Nondiscrimination,
requires the sponsor to negotiate in good faith and on reasonable
terms with prospective
aeronautical service providers.
If adequate
space is available on the airport and the sponsor is
not already providing
identical aeronautical services, Grant
Assurance 22,
Economic Nondiscrimination, requires the
sponsor to
negotiate in good faith and on reasonable terms with
prospective
aeronautical service providers.
The FAA interprets the
willingness of a prospective provider to lease space and invest in
facilities as sufficient evidence
of a public need for those services. In such a situation, the FAA
does not accept a sponsor’s claim
of insufficient business activity as a valid reason to restrict the
prospective provider access to the airport.
No comments:
Post a Comment