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Thu, Mar 13, 2003

FAA Says Naples Can't Ban Stage 2 Jets

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."

FMI: www.GAMA.aero; www.faa.gov; www.nbaa.org

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