Comments On The Proposed Policy Open Until August 29

The FAA has published a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would clarify its policy towards Residential Through-The-Fence access to airports by private individuals.

The FAA had initiated a review of the RTTF policy in 2010, and had published an interim policy in 2011 that would prohibit new residential through-the-fence access to a federally obligated airport. The interim policy also required airport sponsors to certify their status with regard to the policy, depict existing access points on the airport layout plan, and develop access plans outlining how the airport sponsor meets certain standards related to the sponsor assurances. When the interim policy was adopted, the FAA announced its intent to initiate another policy review of residential through-the-fence access to federally-obligated airports in 2014.

125 airports have certified their status as having existing residential through-the-fence  access agreements. The 125 location include four commercial service airports, seven privately-owned reliever airports, and 114 general aviation airports.

The adjusted policy is the result of language included in the FAA reauthorization bill which became law in February. That law allows GA airports  to enter into residential through-the-fence agreements with property owners or associations representing property owners.

This must be a written agreement that requires the property owner to:

• Pay access charges that the sponsor determines to be comparable to those fees charged to tenants and operators on-airport making similar use of the airport;
• Bear the cost of building and maintaining the infrastructure the sponsor determines is necessary to provide access to the airfield from property located adjacent to or near the airport;
• Maintain the property for residential, noncommercial use for the duration of the agreement; 
• Prohibit access to the airport from other properties through the property of the property owner; and 
• Prohibit any aircraft refueling from occurring on the property.

The FAA will request sponsors with existing residential through-the-fence agreements to demonstrate their compliance with the law. Additionally, the FAA will also request sponsors of general aviation airports proposing to establish new residential through-the-fence agreements to demonstrate that their agreements will comply with the law. Airport sponsors are encouraged to review the FAA’s Compliance Guidance Letter on FAA Review of Existing and Proposed Residential Through-Fence-Access Agreements, which will be issued in draft form concurrently with the notice.

Comments must be received by the FAA by August 29th.

FMI: NPRM posted in the Federal Register