Tue, Oct 28, 2003
City is Unreasonable and in Breach, Yet Won't Relent on
Stage 2 Ban
The National Business Aviation Association (NBAA) on October 21
filed papers in a Federal appeals court in Washington asking the
court to allow NBAA to participate in the appeal involving the
Stage 2 ban at Naples Municipal Airport. Joining that request with
NBAA was the General Aviation Manufacturers Association (GAMA).
As a recipient of Federal funding, Naples Airport Authority is
required under Federal law and a contractual grant assurance to
make the airport available for public use on reasonable terms and
without unjust discrimination. The FAA investigated Naples' Stage 2
ban (enforcement of which began March 1, 2002), and NBAA
participated in that investigation, arguing that the ban is
unlawful. On August 25, 2003, the FAA issued a decision finding the
ban unreasonable and thus a violation of Federal law and the grant
assurance. As a result, the FAA's decision states that the agency
will refuse to approve Federal grant assistance for the airport as
long as the ban remains in place and enforced.
In September, the Naples Airport Authority filed an appeal of
that decision with the U.S. Court of Appeals for the District of
Columbia Circuit.
In its October 21 filing
with that court, NBAA noted that the potential impact of FAA's
Naples decision extends beyond Naples itself. The FAA's Naples
investigation, said NBAA, "was closely watched by many observers
across the country, including other airport proprietors who, if
Naples' effort had succeeded, would have been encouraged to enact
similar Stage 2 bans themselves, thus accelerating the very
balkanization of our national air transportation system that the
underlying Federal legislative scheme was intended to prevent." For
that reason, NBAA told the court, NBAA has "been involved from the
outset in the effort to challenge Naples' Stage 2 ban," both before
and after the ban was enacted, and should be permitted to
participate in the court appeal as well.
If the court grants NBAA's request, NBAA would be permitted to
file a brief with the court, likely next year, asking the court to
uphold the FAA's order.
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