A Guide for Compliance with Grant Agreement Obligations to Provide Reasonable Access to an AIP-Funded Public Use General Aviation Airport (2015) / Chapter Skim
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8 airport operators can suggest and recommend that aircraft owners and operators conduct flight operations in particular ways; the Airport Sponsor Assurances are implicated only by mandatory restrictions or actions that have the effect of limiting access.
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9 Clause of the U.S. Constitution, which provides that the laws of the United States are superior to laws of the several states.4 There are two basic categories of preemption: 1)
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10 while other access restrictions are not preempted.12 There are limited instances in which different courts looking at the same access restriction have arrived at different conclusions on the issue of preemption.13 Finally, state and local laws that purport to regulate the flight of aircraft, including land use permit conditions, are preempted regardless of whether the airport is owned by a public or private entity or whether the airport serves commercial airlines or GA pilots. The Maryland Court of Appeals, in a case challenging a conditional use (S.D.N.Y.
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11 in reviewing the origin of certain provisions and Congress's intent in adopting them. The following table provides a short summary of some of the key laws that affect the authority of GA airport operators to regulate aeronautical activities.
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12 peals for the Third Circuit succinctly stated, "Our finding of implied field preemption here is based on our conclusion that the [Federal Aviation Act of 1958] and relevant federal regulations establish complete and thorough safety standards for interstate and international air transportation that are not subject to supplementation by, or variation among, jurisdictions."16 The U.S.
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13 3. The Assurances generally apply for 20 years.
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14 There are two separate requirements of Assurance 22: 1) terms of use must be "reasonable," and 2)
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15 • FAA found that a restriction purportedly designed to reduce aircraft noise was unjustly discriminatory when the airport operator banned certain aircraft but allowed equally noisy or noisier aircraft to continue to use the airport.39 • FAA found that it was unreasonable under the circumstances for a GA airport operator to prohibit the establishment of an on-airport drop zone for skydivers.40 • FAA found that it was reasonable for a GA airport operator to preclude use of active runways for the launch of ultralight aircraft by ground vehicles, after FAA had advised that such operations were high risk and should occur away from active runways.41 While not a complete list, the consistency of FAA's decisions in these cases reflects the high standards set by FAA with respect to blanket prohibitions on aeronautical activities and aircraft operations. This Guide will examine the legal and practical consequences of these high standards in Section IV.
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16 It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and if allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport.47 • The prohibition on granting an exclusive right does not apply to the airport sponsor, which can conduct aeronautical activities on an exclusive basis using its own employees and equipment.48 This is referred to as the exercise of a "proprietary exclusive right." The prohibition on exclusive rights has been in place for many decades. Typically, GA airport operators do not state publicly or provide in a lease agreement that an aeronautical service provider has been granted an exclusive right.
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17 F Deed Restrictions and the Surplus Property Act Although the U.S.
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18 tenants conveyed through lease agreements with airport operators.60 ANCA's scope, and its application to GA airports, is limited by several factors. First, ANCA applies only to restrictions on aircraft certificated by FAA, under 14 C.F.R.
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19 Constitution.66 The U.S. Supreme Court has found that the right to travel protects the right of a citizen of one State to enter and to leave another State, the right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second State, and, for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State.67 The right to travel is not a generalized right to move from one state to another free from any restriction or regulation.
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