Welcome to the Through The Fence Organization

August 6, 2010

Through the Fence Update

Congressman Sam Graves (R-MO) introduced an amendment to the FAA appropriations bill which extended the FAA’s funding for two months.  Unfortunately, the amendment was rejected. However, Representative Oberstar (D-MN) promised a hearing in September.  Oberstar quoted the FAA line about burying pets and hunting on airport property (allegedly occurred at KOSH) which obviously has nothing to do with TTF.  See the debate at http://www.youtube.com/watch?v=wdl32xxPiFE which shows Sam’s introduction and Oberstar’s response.  Watch to the end.  We think this is very beneficial to our cause and will require the FAA to support their claims which they cannot do.

We will be starting a mail campaign to pilots in Oberstar’s district at the end of August.

We also got a question in to the FAA Administrator Babbitt at Oshkosh during his public forum.  He said that the FAA was working on the problem and would have a new policy at the end of August ! which is already a month later than previously promised.  We will be anxiously awaiting but one to one discussions with FAA personnel there were not encouraging.

We did find out at Oshkosh that the TTF problem is not the FAA in general.  The problems at the FAA are Randall Fiertz, Acting Deputy Associate Administrator for Airports and Director, Office of Airport Compliance and Field Operations and Catherine M. Lang, Acting Associate Administrator for Airports, both civil servants, who are totally out of touch with the flying public.  In fact, they are out of touch with flying in general.  They come from non aviation backgrounds.  This is personal and has nothing to do with the facts or logic. Fiertz and Lang are also giving Babbitt inaccurate information.

Their take is that all TTF stakeholders are benefiting unfairly from airport improvements funded by the federal government.  This is akin to saying that people who own homes near a stimulus pack! age improved subway station are benefiting unfairly due to gov! ernment funding.  It also implies that everyone who flies on an airplane (private or commercial), owns or rents an airplane, or does business with an airport is unfairly benefiting from the federally funded airport improvements.

Another important point is for ALL AOPA members to contact the AOPA and express their support for TTF activities and urge the AOPA to be aggressive in their support.  Bill Dunn in the AOPA’s legislative division has been quoted time and time again by Fiertz and Lang saying that there are some AOPA members who do not support TTF activity.  The only problem is that Bill has no data, has done no surveys, and basically has passed on anecdotal information that is hurting our cause for no reason.  Dunn might as well be working for the FAA.  Contact the AOPA ASAP about this.

Links to the Legislation:

Representative Graves' Amendment to FAA Appropriations Bill

Cover Letter to Representative Graves' Amendment to FAA Appropriations Bill

Through The Fence Amendment to Title 49 - Discussion Draft

March 22, 2010

To All TTF Supporters:

Senator Inhofe's Amendment has been changed.  Please note the following.

The Amendment is now #3544 to H.R. 1586 (the TARP bill).  This was done because this bill will be voted on quickly where the FAA appropriates bills (where the first amendment was attached) will not be voted on till the summer at the earliest.

The amendment is now co sponsored by Senators Wyden and Merkley.

Please contact your Senators and Representatives about both this amendment and Representatives Graves and Boswell House bill HR 4815.

Thanks for your support!

Links to the Legislation:

• Congressional Letter authored by the Honorable Sam Graves and the Honorable Leonard Boswell

• Community Airport Access and Protection Act of 2010

• Senate Amendment #3544 to HR 1586

March 15, 2010

We now have reference numbers for the bills in the House and Senate which classify residential and other "through the fence" agreements as compatible adjacent airport land use.

The House Bill is H.R. 4815 sponsored by Representative Sam Graves and Representative Leonard Boswell.

The Senate Bill is H.R. 1586 Amendment #3465 sponsored by Senator James Inhofe and co-sponsored by Senator Ron Wyden.

Please contact your Senators and Representatives to support these bills.

For Immediate Release                        March 11, 2010

Legislation Introduced In House and Senate to Correct FAA’s Through The Fence Airport Policy

The “Community Airport Access and Protection Act of 2010” was introduced yesterday to Congress by the Honorable Sam Graves (R MO) and Honorable Leonard Boswell (R IA) to correct the FAA’s recent policy to prohibit “through the fence” access at any airport receiving Airport Improvement Grant monies.  Senator James Inhofe (R OK) has introduced a similar bill on the Senate side.

The FAA prohibited “through the fence” (TTF) access in its Airport Compliance Manual Order 5190.6b which was released September 30, 2009, without any public or alphabet group input.  In addition, a Freedom of Information Act request made by the aviation group ThroughTheFence.org revealed that essential no data, studies, or non FAA personnel’s opinion went into the new order. 

The Bill essentially allows off-airport “through the fence” access and prevents the FAA from considering an airport to be in violation of their grant assurances due to such access agreements.  The legislation does require the off airport users to pay access charges similar to “on airport” tenants and maintain their properties compatible with safe airport functions.

“Congressmen Graves and Boswell as well as Senator Inhofe deserve tremendous credit for sponsoring legislation which insures access to general aviation airports and supports their economic vitality through TTF fees” stated Brent Blue, coordinator of ThroughTheFence.org.  “This correction of FAA policy will help maintain the viability of small airports by encourage use while supporting safety and security” Blue continued.

ThroughTheFence.org is encouraging all pilots and others interested in general aviation to contact their Senators and Representatives to support this important legislation for airports.

For Further Information:
www.throughthefence.org
Brent Blue
307-220-2543

Effective 9/30/2009, the FAA has screwed everyone who lives or wants to live with their aircraft: Airport Compliance Manual 5190.6B

Call your Congressmen and Representatives!

Deadlines for Submitting 5190.6B Comments on future changes to 5190.6B:

Through March 31, 2010, you may submit comments HERE.

• This comment site will let you attach other documents to your comments.

• Please send copies of your comments to the EAA and AOPA.

Click to View the EAA's Working Draft for the FAA's 5190.6b Comment Request

Through The Fence Freedom of Information Act Responses (FOIA)

The FAA has consistently justified most of their opposition to "Through The Fence" residential hangars as being related to noise complaints.  They have frequently stated that the FAA has spent $1.8 billion to buy land to mitigate noise sensitive neighbors.  However, the FAA has never delineated residential hangars from residences which have no airport connection.

In order to find out exactly how much of a problem noise has been for the FAA from hangar home residents, ThroughTheFence.org asked the FAA, through the Freedom of Information Act, for two items related to noise.  One was to produce all the noise complaints from anyone with a "through the fence" agreement (residential, commercial, factory, etc) and a second request for how much money has been spent to buy land to mitigate noise sensitive "Through The Fence" agreement holders.

The results are staggering!  During the past 10 years, the FAA does not have one documented noise complaint from anyone with a "Through The Fence" agreement.  What is more interesting, the FAA can not document one dollar being spent to buy adjacent airport land to mitigate noise issues from "through the fence" agreement holders.

Thus, it is very clear that the noise argument from the FAA is nothing more than "smoke and mirrors".

Below are Sample Comments on Draft Memorandum   “Compliance Guidance Letter 2009-1 – Through-the-Fence and On-Airport Residential Access to Federally Obligated Airports:

1.        The memorandum is mis-named since it addresses all “through the fence” activities.

2.       The basic premise of the prohibition of TTF residential activities is invalid due to its reliance on Order 5190.6B, FAA Airport compliance Manual, date September 30, 2009, which has erroneously declared a prohibition on TTF residential access based on ancedotal reports of noise complaints and request for restrictions of airport activities not in evidence nor is a documented problem.

3.       There has been no public input or comment period to Order 5190.6B and lacks valid information.

4.       There is not mention of use of TTF agreements to prevent any perceived noise complaints and/or requests for restrictions of airport activities.  Perceived noise complaints and/or requests for restrictions of airport activities is the basis for prohibition of residential TTF agreements in 5190.6B

5.       Section VI-“FAA seeks, in most cases, to convert non compatible residential use only after the TTF agreement has expired under its own terms.”

a.       This means that at the termination of the agreement, the property will become residential only and the potential for a non aviation connected resident to occupy the property and complain about noise and request restrictions becomes exceedingly high.

b.      Terms of these agreements range from less than a year remaining to many years.  The loss of TTF access will result in a significant loss of value in the residential TTF property.

6.       Section III C-“Airport sponsors must take appropriate action, including the adoption of zoning laws, to restrict the use of land, to the extent reasonable, next to or near the airport to uses that are compatible with normal airport operations.”

a.       Many airports are not sponsored by the same governmental unit that governing land zoning (e.g. city owned airport which borders on county privately held land).

7.       This memorandum and its basis 5190.6B make no distinction between types of airports and the services the airports provide.   There certainly are distinctions between major airports with scheduled part 121 service and smaller airports.  “One size fits all” is not an appropriate application for consideration of residential TTF agreements.

8.       Section IIIB “In addition, it can undermine the financial viability of on-airport aeronautical businesses and undermine an airport in becoming self-sustaining” and Section IVA-“If the FAA ADO or RO determines that such an agreement lessens the public benefit…”

a.       Residential TTF accessed properties support the financial viability of on airport aeronautical businesses and helps the airport to become self sustaining.  Residential TTF properties increase the public benefit of airports due to increased utilization and do not force residential TTF owners to move to private airports which do not benefit public airports or the public.