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APPENDIX II: PRELIMINARY AIRPORT ASSESSMENT <br /> APPENDIX <br /> <br />Airport Strategic Business Plan, 07/26/2021 55 <br />In addition to obligating the airport sponsor to preserve its rights and powers to carry out <br />all grant agreement requirements, this assurance also places certain limitations on the <br />airport sponsor’s use of airport land. Most real estate transactions require prior FAA <br />approval, and airport sponsors are prohibited from encumbering airport property. <br />Use on Reasonable and Not Unjustly Discriminatory Terms: Assurance 22 (Economic <br />Nondiscrimination) requires that the airport sponsor of a federally obligated airport: <br />“...will make its airport available as an airport for public use on reasonable terms, <br />and without unjust discrimination, to all types, kinds, and classes of aeronautical <br />uses.” Assurance 22(a) <br />“...may establish such equal and not unjustly discriminatory conditions to be met by <br />all users of the airport as may be necessary for the safe and efficient operation of <br />the airport.” Assurance 22(h) <br />“...may...limit any given type, kind, or class of aeronautical use of the airport if such <br />action is necessary for the safe operation of the airport or...to serve the civil aviation <br />needs of the public.” Assurance 22(i) <br />The Assurance does permit the airport sponsor to exercise control of the airport to preclude <br />unsafe and efficient use of navigable airspace which would be detrimental to the civil aviation <br />needs of the public. However, any airport sponsor restrictions on aeronautical activities based <br />on safety and efficiency must be adequately justified and supported, and they must be approved <br />in advance by the FAA. In all cases, the FAA is the final arbiter regarding aviation safety and will <br />make the determination regarding the reasonableness of any proposed measure to restrict, limit, <br />or deny aeronautical access to the airport. The FAA considers it inappropriate to provide federal <br />assistance for improvements to airports where the benefits of such improvements will not be fully <br />realized due to inherent restrictions on aeronautical activities. <br />Airport sponsors are required to operate federally obligated airports for the use and benefit <br />of aeronautical users and to make those airports available to all types, kinds, and classes <br />of aeronautical activities on fair and reasonable terms, and without unjust discrimination. <br />However, airport sponsors may adopt reasonable leasing/rents and fees policies, <br />commercial minimum standards, and airport rules and regulations. Airport sponsors have <br />an obligation to treat in a uniform manner those users making the same or similar use of <br />the airport. However, an airport sponsor may treat similarly situated airport users differently, <br />including rental rates, lease terms, etc., as long as those differences are not unjust. <br />Restrictions on Self-servicing of Aircraft Grant Assurance: Assurance 22(f) provides <br />that an airport sponsor: <br />“…will not exercise or grant any right or privilege which operates to prevent any <br />person, firm, or corporation operating aircraft on the airport from performing any <br />services on its own aircraft with its own employees (including, but not limited to, <br />maintenance, repair, and fueling) that it may choose to perform.”