Mending Fences: FAA Proposes Guidance On Through-The-Fence Operations

Over the past several weeks, a proposed Federal Aviation Administration guidance document on through-the-fence (TTF) operations at federally obligated airports has created some controversy. The proposed TTF guidance document, when finalized, will provide clarification to FAA Airports District Offices (ADO) and FAA Airport Compliance specialists on the FAA’s official position regarding the appropriateness of TTF agreements. A TTF agreement is any agreement entered into by an airport sponsor that allows access to the airport facilities by aircraft based on property adjacent to the airport but not owned by the airport.

The proposed TTF guidance document splits TTF agreements into three types.
 
Non-Residential Compatible TTF Access
This type of TTF access involves facilities not located on the airport and not providing aeronautical services, such as industrial parks or manufacturing facilities. These uses are deemed compatible with the airport environment.
 
FBO and other Aeronautical Service Providers TTF Access
This type of TTF access involves allowing aircraft direct access to aeronautical service providers such as FBOs or maintenance facilities not located on airport property.
 
Residential TTF Access
This final type of TTF access involves allowing aircraft direct access to homes located on property adjacent to and not owned by the airport.
 
The primary issue with TTF access agreements is that they involve the airport sponsor giving up some portion of control over the airport. A TTF agreement becomes a legal instrument that confers certain powers and rights to the signatories. Improperly designed or inappropriate agreements can cause airport sponsors to violate the grant assurances they signed in order to receive federal funds.
 
In the proposed TTF guidance document, the FAA has determined that non-residential compatible use and aeronautical service provider TTF access may be acceptable provided the agreement is carefully constructed to ensure that the airport sponsor retains significant power and authority to enable it to comply with all grant assurances. The FAA strongly encourages airport sponsors to submit proposed TTF agreements to their local ADO for review before they are signed to be certain that obligations imposed by the grant assurances can continue to be met.
 
The FAA has also determined that residential TTF access is not appropriate at federally obligated airports. The FAA’s position is based upon the determination that residential use is non-compatible with the airport environment. The granting of TTF access to adjacent residences can create significant issues for airport sponsors that make compliance with grant assurances impossible. This decision by the FAA not to support any residential TTF access has created controversy among current homeowners with TTF access.
 
NATA supports the FAA’s position as expressed in the TTF guidance document. However, we realize that the strict prohibition on TTF access for residential uses may create situations where airports sponsors are forced to use extraordinary measures to cancel existing agreements. NATA, in its comments on the proposed TTF guidance document, will encourage the FAA to work with airport sponsors to find equitable solutions for existing residential TTF access agreements. While NATA agrees that residential TTF access is inappropriate at federally obligated airports, all parties must work together to ensure that existing agreements are structured in a way that honors their original intent without placing airports in danger of violating grant assurances.
 
By guest blogger: Mike France, NATA Manager of Regulatory Affairs
 
Visit or return to NATA’s site: www.nata.aero