U.S. Department of Transportation
Federal Aviation Administration
New England Region
12 New England Executive Park
Burlington, MA 01803
Mr. Brian Meyette
166 Skyline Drive
Cornish, NH 03745
Dear Mr. Meyette:
This is in response to your Part 13.1 complaint of October 31,2006, alleging violations of the City's obligations under its FAA grant agreement.
An informal investigation was conducted into your allegations. Included, was a review of the material submitted by you and the City of Claremont. The following is a result of our investigation:
You have alleged that the City violated Assurance No. 23. Exclusive Rights in the manner in which they entered into lease agreements for the FAA funded hangar. This assurance states in part:
"It will permit no exclusive right for the use of the airport by any person providing, or intending to provide ,aeronautical services to the public ........"
The purpose of this assurance is to ensure that no single individual or firm such as a fixed based operator has the exclusive right to provide aeronautical services at an airport. This being the case, the exclusive rights provision does not apply to your allegation
However, we have advised the City to create a set of Minimum Standards setting forth procedures to be followed to avoid future confusion when entering into leases.
The language in the leases states that only certified and/or registered aircraft can be stored in the hangars. Assurance No. 22.a. on Exclusive Rights states in part:
"It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities ........"
We have determined that the language in the leases prohibiting "certified and/or registered aircraft" is discriminatory and must be removed. Any restrictions must be applied to all types of aircraft and be reasonable.
The leases state that certain self-service is prohibited. Assurance No. 22.f. states in part:
"It will not exercise or grant any right or privilege which operates to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft..... (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. "This lease language conflicts with the sponsor's obligations under the assurance.
The leases must be changed to reflect FAA requirements. In addition, the lease must identify the specific activities not allowed. In particular, "minor maintenance" must be clearly defined. Any restrictions on self-service must be reasonable and based on safety.
Per the attached letter to the City, we are advising them of the actions to be taken to correct these compliance issues.
If you have any questions, please contact Donna Witte of my staff at 78 1-238-7624.
Laverne F. Reid
Manager, Airports Division
cc: Mr. Guy Santagate, City Manager
BACK TO MY RV BUILDER'S HOME
BACK TO BRIAN'S HOME