Oneida County Executive Says Everything Was Done Properly
The FAA has sent a letter to Oneida
County, New York officials saying a contract with one of the FBO's
at Griffiss International Airport may violate its exclusivity
rules, putting future airport improvement grants in jeopardy.
A 2003 lease with Empire Aero Center gives the company rights to
use hangar space that is not in the building it leases. FAA New
York Airports District Office compliance program manager Andrew
Brooks said in the July 20th letter to county Airport Commissioner
Vernon Gray that, in his opinion, the lease gives Empire Aero
"exclusive rights", which is against FAA regulations.
FAA Advisory Circular AC 150/5190-6 states: "The prohibition on
the granting of exclusive rights is one of the obligations assumed
by the airport sponsors of public airports that have accepted
federal assistance, either in the form of grants or property
conveyances."
"The intent of the prohibition on exclusive rights is to promote
fair competition at federally-obligated, public use airports for
the benefit of aeronautical users. The exclusive rights prohibition
remains in effect as long as the airport is operated as an airport,
even if the original period for which an airport sponsor was
obligated has expired.
The granting of an exclusive right for the conduct of any
aeronautical activity on a federally-obligated airport is generally
regarded as contrary to the requirements of the applicable Federal
obligations, whether such exclusive right results from an express
agreement, from the imposition of unreasonable standards or
requirements, or by any other means. Existence of an exclusive
right at an airport limits the usefulness of the airport and
deprives the public of the benefits that flow from
competition."
Utica.com, the online edition of
the Utica Observer-Dispatch, reports that a long-standing dispute
between Empire Aero and a competing firm, MidairUSA, is at the
heart of the issue. Midair claims Empire has rights to hangar space
it needs to conduct business, and it is now sending repair work
that Empire would normally have done elsewhere. Complicating
matters is a lawsuit filed by Empire, claiming Midair did not pay
them for some work done in the past.
County Executive Anthony Picente said he’s confident the
county did everything correctly, though he said he is concerned
about the situation. He and county attorneys are preparing a
second letter asserting the county is in compliance with the FAA
regulations. They plan a meeting with FAA officials, but that has
not been scheduled.
County Board of Legislators Minority Leader Michael Hennessy (D)
says the quickest way to solve the problem is to give MidairUSA
access to the hangars it needs. “That, in my opinion, would
satisfy FAA,” Hennessy told the paper. “That is the
quickest, easiest and most reasonable way to solve this
problem.” He has the backing of Legislator Frank Tallarino
(D). They assert that Picente's approach puts future airport
improvement grants, and jobs, in jeopardy. Picente disagrees, and
said he's surprised the Legislature would be so quick to accede to
the FAA's position without first backing up the county
government.