Kaplan Kirsch & Rockwell periodically publishes the Airport Law Alert which describes and analyzes recent legal developments related to airports and aviation. The Alert supplements the summaries presented on this Airport News page. Click here to view and download the most recent copy and previous copies of the Alert.
FAA Dismisses Part 16 Complaint against the City of CincinnatiOn September 12, 2014, the FAA issued a Director’s Determination dismissing a Part 16 complaint filed by a user of the now-closed Blue Ash Airport against Firm client the City of Cincinnati. The Complaint alleged the City had illegally diverted proceeds from the sale of the Blue Ash Airport. The City demonstrated that it had not spent any of the proceeds from the sale until after a prior sales agreement had been rescinded and the Blue Ash Airport closed. Based on that showing, the FAA found that there had been no revenue diversion and dismissed the Complaint. The FAA also reiterated that airport sponsors are not required to keep airport revenues in segregated, interest bearing accounts, although airport sponsors should be prepared to account for all airport revenues to demonstrate that airport revenues are spent for permitted airport purposes. For a copy of the Director’s Determination, please click on the link below.
FAA Solicits Comments for Net Noise Reduction MethodOn August 19, 2014, FAA published a Notice and Request for Public Comment regarding Section 213(c)(2) of the FAA Modernization and Reform Act of 2012, which directs FAA to file a Categorical Exclusion (CATEX) for any Performance Based Navigation (PBN) procedure that would result in measurable reductions in fuel consumption, carbon dioxide emissions, and noise on a per flight basis. FAA is now proposing the New Noise Reduction Method for determining whether a proposed PBN reduces noise. Specifically, where the number of people who experience a noise reduction exceeds the number of people experiencing a noise increase, the proposed PBN reduces noise, and the application of the CATEX is reasonable. FAA is now asking for public comment regarding the Net Noise Reduction Method and several suggested variations that also incorporate consideration of the magnitude of the noise level change. See 79 Fed. Reg. 49, 141 (Aug. 19, 2014).