The Cottonwood Municipal Airport in Arizona is considering implementing landing fees for transient aircraft, primarily aiming to reduce aircraft traffic and associated noise rather than to generate revenue. In March 2024, Vector Airport Systems presented their automated billing system, PlanePass, to the Cottonwood Airport Commission. This system would allow the airport to automatically bill pilots for landing fees without requiring additional staff resources.
Intentions to Reduce Noise
Residents have expressed concerns about noise from flight training activities, particularly from Embry-Riddle Aeronautical University. The introduction of landing fees is intended to reduce traffic and noise by discouraging certain aircraft operations. The airport plans to conduct multiple meetings through the Airport Commission and Airport Noise Working Group to discuss and address these concerns before making any decisions.
The email address associated with the proposed landing fees is airport.noise@cottonwoodaz.gov, indicating that the primary intention behind these fees is to address noise concerns rather than generate revenue.
Compliance with Federal Grant Assurances
When airports accept federal funding through the Airport Improvement Program (AIP), they agree to certain obligations known as grant assurances. These assurances require the airport to operate in a manner that is fair, reasonable, and without unjust discrimination to all aeronautical users.
Implementing landing fees with the primary intention of reducing noise by discouraging certain aircraft operations could be seen as unjustly discriminatory, potentially violating Grant Assurance 22, which mandates that airports make their facilities available to all types, kinds, and classes of aeronautical activities on reasonable terms without unjust discrimination.
Non-Compliance with RIN 2120-AF90
RIN 2120-AF90 refers to the FAA’s policy on airport rates and charges, emphasizing that fees imposed on aeronautical users must be fair, reasonable, and not unjustly discriminatory. The policy encourages airport proprietors to consult with aeronautical users before implementing significant changes in fees.
If the proposed landing fees at Cottonwood Municipal Airport are implemented without adequate consultation with affected parties or are structured in a way that disproportionately impacts certain users, it could be argued that the airport is not adhering to the principles outlined in RIN 2120-AF90.
Use of ADS-B Data and Privacy Concerns
The airport plans to use Vector Airport Systems’ technology, which utilizes Automatic Dependent Surveillance-Broadcast (ADS-B) data to monitor aircraft operations. While ADS-B technology enhances surveillance capabilities, there are privacy concerns associated with its use. The FAA acknowledges the desire of some operators to limit the availability of real-time ADS-B position and identification information for specific aircraft. To address these concerns, the FAA offers the Privacy ICAO Address (PIA) program to improve the privacy of eligible aircraft.
Federal Aviation Administration
It’s important to note that while ADS-B data is publicly accessible, the FAA has stated that it will not use ADS-B data for enforcement purposes without corroborating evidence. This policy aims to balance the benefits of ADS-B technology with the privacy concerns of aircraft operators.
Potential Violations of Federal Regulations
Several federal regulations and policies govern the imposition of landing fees at airports receiving federal funds:
- 14 CFR Part 13: This regulation outlines the investigative and enforcement procedures for alleged violations of the Federal Aviation Act and related regulations. If landing fees are implemented in a manner that violates federal grant assurances, it could trigger an investigation under this part.
- FAA Order 5190.6B: This order provides guidance on compliance with federal obligations by airport sponsors. It emphasizes that fees must be reasonable and not unjustly discriminatory. Implementing landing fees aimed primarily at reducing noise by discouraging certain operations could be viewed as discriminatory under this order.
- 49 U.S.C. ยง 47107: This statute requires, among other things, that airport revenue be used for the capital or operating costs of the airport and that the airport be available for public use on reasonable terms without unjust discrimination. Using landing fees as a deterrent for specific types of operations could be interpreted as a violation of this statute.
In conclusion, while the intention to reduce noise at Cottonwood Municipal Airport is understandable, implementing landing fees as a means to achieve this goal raises several compliance concerns. It is crucial for the airport to ensure that any proposed fees align with federal grant assurances, regulations, and policies to avoid potential violations and ensure fair access for all aeronautical users.
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