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Page 56
Suggested Citation:"APPENDIX C." National Academies of Sciences, Engineering, and Medicine. 2020. Permissible Uses of Airport Property and Revenue. Washington, DC: The National Academies Press. doi: 10.17226/26011.
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Page 56
Page 57
Suggested Citation:"APPENDIX C." National Academies of Sciences, Engineering, and Medicine. 2020. Permissible Uses of Airport Property and Revenue. Washington, DC: The National Academies Press. doi: 10.17226/26011.
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Page 57
Page 58
Suggested Citation:"APPENDIX C." National Academies of Sciences, Engineering, and Medicine. 2020. Permissible Uses of Airport Property and Revenue. Washington, DC: The National Academies Press. doi: 10.17226/26011.
×
Page 58
Page 59
Suggested Citation:"APPENDIX C." National Academies of Sciences, Engineering, and Medicine. 2020. Permissible Uses of Airport Property and Revenue. Washington, DC: The National Academies Press. doi: 10.17226/26011.
×
Page 59
Page 60
Suggested Citation:"APPENDIX C." National Academies of Sciences, Engineering, and Medicine. 2020. Permissible Uses of Airport Property and Revenue. Washington, DC: The National Academies Press. doi: 10.17226/26011.
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Page 60

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56 ACRP LRD 40 Interview Participants No. 9 represents an airport proprietor that owns two airports located in a major metropolitan area, one a medium-hub and the other a general aviation airport. APPENDIX C Anonymized Airport Proprietors for Hypotheticals Airport Proprietor A owns a non-hub primary airport located outside a small city. Airport Proprietor B owns two airports located in a major metro politan area. The first airport is a medium-hub com- mercial service airport that is highly land-constrained due to surrounding land uses. The other airport is a smaller general service airport located in a less economically active area and unconstrained by surrounding land uses. Airport Proprietor C owns several airports and other trans- portation infrastructure and facilities in and around a large metro politan area, including a busy primary commercial service airport. This airport proprietor engaged a private devel oper to develop a light rail line and associated commer- cial development of airport property to connect the airport with the light rail system serving the metropolitan area. Airport Proprietor D owns a medium-hub commercial service airport located near a major metropolitan area in a competi- tive regional market that has undertaken and continues to undertake development projects to meet increasing air travel demand and limited existing capacity. Airport Proprietor E owns a large, formerly general aviation air- port that recently added a privately built, financed and oper- ated commercial service terminal. Airport Proprietor F owns a large-hub commercial airport and several general aviation airports in a major metropolitan area. This airport proprietor has engaged in significant non- aeronautical development projects, including P3 projects, and has implemented an ASIP. b. Are there topics about which you wish there was more guidance? c. Do you rely on experts or colleagues for advice? (What kinds—Agency staff? Other airport professionals? Consultants?) 6. How much do you rely on informal guidance from the FAA Airports District Office (or other FAA staff) in deciding the limits on airport revenue or property use? 7. Can you provide and discuss any examples of creative or innovative uses of airport revenue or property that you have implemented that you believe are good examples of how you have navigated the rules on revenue and property use? 8. Are you aware of recent changes and clarifications to fed- eral restrictions on use of airport revenue (e.g., PFC eligi- bility) or airport property (e.g., FAA authorization for non- aeronautical development)? a. Have you had an opportunity to take advantage of any of these changes? b. Are additional changes needed? APPENDIX B Anonymized Interview Participants Interview Participant No. 1 represents an airport proprietor that owns a medium-hub airport. Interview Participant No. 2 represents an airport proprietor that owns a medium-hub commercial service airport located near a major metropolitan area in a competitive regional market. Interview Participant No. 3 represents an airport proprietor that owns a joint civil-military general aviation airport located outside a small city, as well as several other facilities and municipal services. Interview Participant No. 4 represents an airport proprietor that owns a non-hub primary airport located outside a small city. Interview Participant No. 5 represents an airport proprietor that owns one commercial service airport and two other airports near a regional metropolitan hub. Interview Participant No. 6 represents an airport proprietor that owns a large-hub commercial airport and several general aviation airports in a major metropolitan area. This airport proprietor has engaged in significant nonaeronautical devel- opment, including P3 projects. Interview Participant No. 7 represents an airport proprietor that owns a large-hub commercial airport with significant commercial development and additional commercial space available. Interview Participant No. 8 represents an airport proprietor that owns a medium-hub airport along with several general avia- tion airports in a destination area.

ACKNOWLEDGMENTS This study was performed under the overall guidance of the ACRP Project Committee 11-01. The Committee was chaired by ELIZABETH SMITHERS, Charlotte Douglas International Airport, Charlotte, North Carolina. Members are MONICA R. HARGROVE, Washington, D.C.; JOSEPH HUBER, Cincinnati, Kentucky; D. SCOTT KNIGHT, Tampa, Florida; SARAH MEADOWS, Tucson, Arizona; CLYDE OTIS, Post, Polak, Goodsell, and Strauchler P.A., Roseland, New Jersey; and DANIEL S. REIMER, Denver International Airport, Denver, Colorado. DAPHNE A. FULLER provides liaison with the Federal Aviation Administration, PABLO NUESCH provides liaison with Air- ports Council International—North America, ROBERT J. SHEA provides liaison with the Transportation Research Board, and THERESIA H. SCHATZ represents the ACRP staff.

These digests are issued in order to increase awareness of research results emanating from projects in the Cooperative Research Programs (CRP). Persons wanting to pursue the project subject matter in greater depth should contact the CRP Staff, Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine, 500 Fifth Street, NW, Washington, DC 20001. Subscriber Categories: Aviation • Finance • Law Transportation Research Board 500 Fifth Street, NW Washington, DC 20001

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Understanding the permissible use of airport revenue is one of the most common legal issues faced by airport management. While there are some clear lines, there are several categories (such as utility fees) of potential expenditures of airport revenue that are not as clearly defined.

The TRB Airport Cooperative Research Program'sACRP Legal Research Digest 40: Permissible Uses of Airport Property and Revenue updates the background of economic and legal information presented in ACRP Legal Research Digest 2: Theory and Law of Airport Revenue Diversion. It focuses on the application of federal law and policy to specific categories of expenditures and uses and includes discussion of statutory law, policy, case law, and informal and formal guidance from the Federal Aviation Administration.

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