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Memorandum U.S Departure v of iranspatohon federal Aviation Administration INFO TION: Minimum Compliance Standards ;uUl«:. f`a T ough-T --1 nce Agreements o°" MAR 2 8 1985 U aW Reply to From anager, �Safe ty b tandards Branch, AWP-620 a"" °' Chan:x6696 T. Manager, Honolulu Airports District Office, HNL-600, ,Manager, San Francisco Airports District Office, SFO-600 Supervisor, Standards Section, AWP-621 Supervisor, Safety Section, AWP-622 11 Recent efforts by Airports Division in resolving Through-The-Fence compliance issues at obligated airports has renewed our interest in this subject. Through- The-Fence access will increase airport utilization and aircraft operations statistics; however, it must not derogate safety, pending or future airport development, or hamper or prevent the airport sponsor from meeting its grant agreement obligations (in particular, the non-discrimination assurance) . Our evaluation can be partially accomplished through the FAA Form 7460-1 process. '%.. _ Reasonable rates and charges should be imposed on off-airport users by the / airport sponsor to preclude alleged discrimination claimed by on-airport users. 1 The obligation to make an airport available for the use and benefit of the public does not impose any requirement to permit access by aircraft from adjacent property. On the contrary, the existence of such an arrangement has ,een recognized as an encumbrance upon the airport property itself. Orders governing administration of the Federal-Aid programs indicate that a sponsor's title to airport land so encumbered does not meet the land interest requirement for a project unless the sponsor retains the legal right to, and in fact does, require the off-site property owner or occupant to conform in all respects to the requirements of any existing or proposed grant agreement. When reviewing and evaluating any proposed agreement between an airport sponsor and adjacent property owner, to grant access to the airport, the following items should be addressed by the agreement: 1. The grantee must conform in all respects to the requirements of any existing or proposed grant obligation. Reference Order 5190.6, para- graph 89 a. 2. - ;cc eau-Si: ue pdiu Dy me grantee for airport use to recover a portion of the annual airport administrative, operating, maintenance and capital development costs.