Standards for Aeronautical Use of Hangars. II. D. Issue 4: Whether the Respondent, by establishing a fuel flowage fee to be paid at the . The policy implements several Grant Assurances, including Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 24, Fee and Rental Structure; and Grant Assurance 25, Airport Revenues. interpreted as the grant of an exclusive right and a potential violation of the airport sponsor's grant assurances and the FAA's policy on exclusive rights. Grant Assurance 22, Economic Nondiscrimination, requires the sponsor to make the airport available on reasonable terms without unjust discrimination for aeronautical activities, including aviation services. Complainant 1 Tulsa Airports Improvement Trust (TAIT) leases land for operation at the Richard L. Jones Jr. Airport. Federal Grant Assurance 22, Economic Nondiscrimination C. Issue 3: Whether the Respondent, by denying the Complainant a fuel permit to self-fuel its own aircraft, is in violation of Federal Grant Assurance 22, Economic Nondiscrimination. Unjust Discrimination. Grant Assurance 22.a Economic Nondiscrimination (General) ACRP Report # ___, Understanding FAA Grant Assurances Requires Sponsors to provide access to aeronautical users on reasonable terms without unjust discrimination . D. Issue 4: Whether the Respondent, by establishing a fuel flowage fee to be paid at the . §§ 47107(a) (1) through (3), and provides: On July 19, 2012, the U.S. Court of Appeals for the Eleventh Circuit denied a petition for review of FAA's dismissal of BMI Salvage Corporation's Part 16 complaint. The policy implements several Grant Assurances, including Grant Assurance 5, Preserving Rights and Powers; Grant Assurance 22, Economic Nondiscrimination; Grant Assurance 24, Fee and Rental Structure; and Grant Assurance 25, Airport Revenues. In addition, Grant Assurance 22 regarding economic non-discrimination requires terms, rates and fees to be established without unjust discrimination and applied uniformly to same or similar uses. In a decision welcomed by industry, the FAA has found the city of Santa Monica in violation of grant assurances surrounding economic nondiscrimination and airport revenues. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. Complainant also alleges violations of Grant Assurance 5, Preserving Rights and Powers and Grant Assurance 23, Exclusive Rights. Airport Sponsor Assurances 3/2014 Page 1 of 20 ASSURANCES Airport Sponsors A. General. Grant Assurance 22-Economic Nondiscrimination: Airport sponsor will make airport available for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to public at airport. This doesn't mean the airport cannot discriminate, just that it may not unjustly discriminate. Grant assurance 19, . Assurance 22, Economic Nondiscrimination . Grant Assurance 22, Economic Nondiscrimination, requires the sponsor to make the airport available on reasonable terms without unjust discrimination for aeronautical activities, including aviation services. Grant Assurance 22, Economic Nondiscrimination, requires, in pertinent part, that the sponsor of a federally obligated airport: ".will make its airport available as an airport for public use on reasonable terms, and without unjust discrimination, to all types, kinds, and classes of aeronautical uses." Assurance 22(a) Certain types, kinds . Grant Assurance No. Sponsor may not mandate any tenant or transient purchase fuel, supplies, or services from the Sponsor run operation or any tenant service provider. Authority Vested in Airport Sponsors. f. It will not . Academia.edu is a platform for academics to share research papers. 1. •Sponsor may establish reasonable and not unjustly discriminatory conditions to be met by all users of the Grant Assurance No. Grant assurance 22, Economic Nondiscrimination, requires the sponsor to make the airport available on reasonable terms without unjust discrimination for aeronautical activities, including aviation services. Unjust Discrimination. Grant Assurance 22 implements the provisions of 49 U.S.C. Grant Assurance 19, Operation and Maintenance, prohibits an airport sponsor from causing or permitting any activity that would interfere . a. Grant Assurance 22 "Economic Non-Discrimination": One of the most commonly discussed assurances is Grant Assurance 22. Federal Grant Obligations. a. 22. The Primary Grant Assurances at Issue in Part 16 Cases are Grant Assurance 22 and Grant Assurance 23 Grant Assurance 22(a), titled Economic Nondiscrimination, states that the airport sponsor "will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and Certain types, kinds . No. Economic Nondiscrimination: The airport must be available for public use on reasonable terms without unjust discrimination to all types, kinds, and classes of aeronautical activities. Grant Assurance 19, Operation and Maintenance, prohibits an airport sponsor from causing or permitting any activity that would interfere . a. a. Standards for Aeronautical Use of Hangars. Economic Nondiscrimination. It will make the airport available as an airport for public use on reasonable terms and . Policies, Training\ABGP Training\grant assurance 22 training.doc an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. Grant Assurance 22, Economic Nondiscrimination, requires the sponsor to make its aeronautical facilities available to the public and its tenants on terms that are reasonable and without unjust discrimination. Grant Assurance 22, Economic Nondiscrimination • As required by Grant Assurance 22:-Access restrictions have potential to violate federal obligation to make the Airport available for public use on reasonable terms without unjust discrimination • Airport Sponsor responsibility in Part 150 Noise Compatibility This federal obligation involves several distinct requirements. It requires that airports be available for use "on reasonable terms and . Economic Nondiscrimination: The airport must be available for public use on reasonable terms without unjust discrimination to all types, kinds, and classes of aeronautical activities. Federal Grant Assurance 22, Economic Nondiscrimination C. Issue 3: Whether the Respondent, by denying the Complainant a fuel permit to self-fuel its own aircraft, is in violation of Federal Grant Assurance 22, Economic Nondiscrimination. The Primary Grant Assurances at Issue in Part 16 Cases are Grant Assurance 22 and Grant Assurance 23 Grant Assurance 22(a), titled Economic Nondiscrimination, states that the airport sponsor "will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and First, the sponsor must make the Respondent violated Federal Grant Assurances 5, Rights and Powers; 19, Operation and Maintenance; 22, Economic Nondiscrimination and 23, Exclusive Rights. 5 Economic Nondiscrimination Economic Nondiscrimination Statutory (49 USC 47107(a)) Most heavily litigated grant assurance 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, including commercial 22, "Economic Nondiscrimination," requires an airport sponsor to "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, including commercial aeronautical activities offering services to the public at the . • Grant assurances are part of every project involving federally funding . •Sponsor may establish reasonable and not unjustly discriminatory conditions to be met by all users of the b. Complainant 1 Tulsa Airports Improvement Trust (TAIT) leases land for operation at the Richard L. Jones Jr. Airport. Grant Assurance 22, Economic Nondiscrimination, requires the sponsor to make its aeronautical facilities available to the public and its tenants on terms that are reasonable and without unjust discrimination. § 47107(a), Grant Assurance 22, Economic Nondiscrimination, and Policy Regarding Airport Rates and Charges; and (2) generated excessive surplus revenues . Grant Assurance 22 Economic Nondiscrimination Sections (h) and (i) (see 49 U.S.C. Grant Assurance 22.a Economic Nondiscrimination (General) ACRP Report # ___, Understanding FAA Grant Assurances Requires Sponsors to provide access to aeronautical users on reasonable terms without unjust discrimination . Federal Grant Obligations. Grant Assurance 22, Economic Nondiscrimination, requires the sponsor to make the airport available on reasonable terms without unjust discrimination for aeronautical activities, including aviation services. First, the Director found that the town was not in violation of 49 U.S.C. § 47107) provides that the sponsor may establish such reasonable, Respondent violated Federal Grant Assurances 5, Rights and Powers; 19, Operation and Maintenance; 22, Economic Nondiscrimination and 23, Exclusive Rights. Grant Assurance 22 - Economic Non-Discrimination •Sponsor will make its airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities. In addition, Grant Assurance 22 regarding economic non-discrimination requires terms, rates and fees to be established without unjust discrimination and applied uniformly to same or similar uses. a. assurances require that the airport sponsor make the airport available for aviation use. 1. Economic Nondiscrimination. 1. BMI initially alleged violation of Grant Assurance 22 (Economic Nondiscrimination) due to Miami-Dade County's refusal to provide the company with salvage and FBO leases at Opa-Locka Airport, despite the fact that the County . It will make the airport available as an airport for public use on reasonable terms and . 22, "Economic Nondiscrimination," requires an airport sponsor to "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, including commercial aeronautical activities offering services to the public at the . This doesn't mean the airport cannot discriminate, just that it may not unjustly discriminate. Grant Assurance #22. With respect to the allegations presented in this Complaint, under the specific circumstances at f. It will not . Grant Assurance #22. a. § 47107(a)(1) and related Grant Assurance 22, Economic Nondiscrimination, with respect to a dispute regarding ramp space, financial information, and lease term. This federal obligation involves several distinct requirements. While the airport sponsor must allow use of its airport by all types, kinds, and classes of aeronautical activity, as well as by the general public, Grant Assurance 22, Economic Nondiscrimination, also provides for a limited exception: "the airport sponsor may prohibit or limit any given type, kind, or class of aeronautical use of the airport . GRANT ASSURANCES Grant Assurance 22-Economic Nondiscrimination: Airport sponsor will make airport available for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to public at airport Grant Assurance 22 - Economic Non-Discrimination •Sponsor will make its airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities. First, the sponsor must make the Grant Assurance 19, Operation and 2. Abstract: United Airlines filed a Part 16 Complaint alleging that the Port Authority of New York and New Jersey: (1) charged unreasonable rates using a fee methodology that was not cost-based and lacked transparency, in violation of 49 U.S.C. Policies, Training\ABGP Training\grant assurance 22 training.doc an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. There is another grant assurance that comes into play here. Text for S.1770 - 103rd Congress (1993-1994): Health Equity and Access Reform Today Act of 1993 4.2 Order 5190.6B, PARAGRAPH 22.25 - Content of Request for Written Release for Disposal 44 4.3 O RDER 5190.6B, P ARAGRAPH 22.26 - Exhibits to the Written Request for Disposal .. Also, minimum standards, rules and local airport require-ments must also be considered. Grant Assurance 22, Economic Nondiscrimination, requires, in pertinent part, that the sponsor of a federally obligated airport: ".will make its airport available as an airport for public use on reasonable terms, and without unjust discrimination, to all types, kinds, and classes of aeronautical uses." 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