Thu, Mar 13, 2003
The Naples
(FL) ban on Stage 2 jets could have set a bad precedent. The FAA
took its time to review it; but has, at last, issued the only
sensible answer: no.
"After reviewing all the information provided by the NAA [Naples
Airport Authority] in support of the adopted Stage 2 ban, including
materials generated for the Part 161 process, the FAA continued to
have concerns that the NAA's Stage 2 ban is inconsistent with the
NAA's grant agreement obligation to make the airport available for
public use on reasonable terms and without unjust discrimination to
all types, kinds, and classes of aeronautical activities without
granting an exclusive right.
"Under the particular circumstances existing at the Airport and
the evidence of record, as discussed below, we conclude that the
Stage 2 ban as currently implemented by the NAA is unreasonable and
unjustly discriminatory in violation of 49 U.S.C. § 47107(a)
(1) and Grant Assurance 22. We also conclude that the Stage 2 ban
is preempted by Federal law."
[See FAA Docket No. 16 - 01-15 for the whole (105
page) ruling --ed.]
GAMA Applauds FAA's Awakening
In a ruling cheered by the General Aviation
Manufacturers Association (GAMA), the Federal Aviation
Administration (FAA) held that a local ban on Stage 2 aircraft at
the Naples Airport in Naples (FL) is unreasonable, unjustly
discriminatory, and preempted by Federal law.
According to GAMA President Ed Bolen, "The FAA's ruling
reinforces the federal interest that is inherent in a national air
transportation system, particularly when that system is funded with
federal tax dollars. The Naples Airport exceeded its authority by
trying ban certain types of aircraft from part of our national
airport system."
NBAA Weighs In
"This
is a landmark determination for business aviation," stated
NBAA
President Jack Olcott. "The FAA's determination upholds the
integrity of the
65 dB noise contour and the fundamental concept that Federal
aviation grant
assurances cannot be ignored. It also reaffirms the
importance of the
Congressionally-mandated Part 161 process."
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