Aviation Business Journal 4th Quarter 2012 - 51

public-use airports and therefore prohibited, a position that
NATA supported. Airport sponsors with existing RTTF access
were required to review those agreements and develop
plans to mitigate the impact of that access.
The FAA’s position on RTTF agreements is based upon
the fact that residential properties directly adjacent to
public-use airports, even though they may provide current
benefits, were likely to be a hindrance to future development
and utility of the airport. Most homeowners with RTTF access
would not be likely to give up their property or support
additional future development if the needs of the airport
changed. Therefore, airport sponsors that received federal
funding should not take actions, such as entering into an
RTTF agreement or developing RTTF properties adjacent to
the airport, which would likely limit the future utility of the
airport. There was a significant outcry from those that had
current RTTF access or wanted the ability to have that access
in the future.
As the FAA Reform and Modernization Act (FRMA)
was debated in late 2011 and early 2012, RTTF supporters
were successful in having a provision inserted that would
allow any and all RTTF access at general aviation airports.
NATA was very concerned with this provision as it would
allow completely unregulated access from those residential
properties, meaning those homeowners could, if they chose,
begin to offer services (such as fueling or maintenance) from
their unregulated property. NATA worked closely with members
of Congress to ensure that on-airport businesses were
protected from unregulated off- airport competition utilizing
an RTTF agreement. A series of limitations were inserted
into the FRMA language that was eventually passed. Those
limitations included the following requirements:
■■
■■
RTTF properties must be used for non-commercial
purposes.
■■
Other entities (such as off-airport service providers)
may not access the airport through an RTTF property.
Aircraft refueling may not occur on an RTTF property.
In July 2012, the FAA issued its draft policy that inter-
preted and applied those limitations of the reform act. NATA
provided comments to the FAA that largely supported the
draft policy, and also provided some minor suggestions on
complying with the intent of the FRMA provisions (NATA’s
full comments are available at www.nata.aero).
With this new policy, NATA believes that on-airport businesses
have received significant protection from unregulated
off-airport competition. RTTF agreements remain prohibited
at commercial service airports and the FAA must ensure
that any RTTF agreement at a general aviation airport
contains provisions that prevent commercial aeronautical
services from being provided through the RTTF agreement.
NATA members at general aviation airports are encouraged
to talk to their airport manager about their airports’ plans
regarding RTTF agreements. Frequent communication and
involvement with the airport sponsor is the best method for
ensuring that your sponsor is familiar with the requirements
for allowing RTTF agreements at the airport. NATA is also
here to help you if you need more information or educational
materials on RTTF agreements.
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ĨƵĞů ƚĂǆ ŝŶ ƵƌŽƉĞ?
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4 TaŬŝŶŐ ĂĚǀĂŶƚĂŐĞ ŽĨ ĂǀĂŝůĂďůĞ ĞǆĞŵƉƟŽŶƐ ŝŶ
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To ůĞĂƌŶ ŵŽƌĞ ĂďŽƵƚ ŽƵƌ ƵƌŽƉĞĂŶ dĂǆ ZĞĐŽǀĞƌǇ ĂŶĚ
h Ϯ s d ǆĞŵƉƟŽŶ WƌŽŐƌĂŵƐ ĐŽŶƚĂĐƚ
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ΞϮϬϭϮ. ůů ƌŝŐŚƚƐ ƌĞƐĞƌǀĞĚ.
Aviation Business Journal | 4th
Quarter 2012
51

Aviation Business Journal 4th Quarter 2012

Table of Contents for the Digital Edition of Aviation Business Journal 4th Quarter 2012