Anderson & Kreiger is regularly asked by our airport clients to provide advice on a wide range of grant assurance compliance issues. We are thoroughly familiar with the federal airport grant assurances, FAA’s formal regulations and guidance documents and FAA’s approach to regulatory enforcement.
We have encountered innumerable grant compliance questions over the last 30 years, but representative matters include:
- Airport “revenue diversion”
- Self-sustaining lease rates for nonaeronautical leases
- Sponsor use of airport property for nonaeronautical purposes
- Civil rights complaints
- Claims of denial of access or unjust discrimination by aeronautical service providers
- Repayments of unreimbursed sponsor contributions and loans
- Issues involving airport revenue use at “grandfathered” airport sponsors
A&K has also resolved a large number of airport compliance matters before formal enforcement proceedings even began. We have advised and helped airports resolve audits by both the FAA and the USDOT’s Office of Inspector General (“OIG”). We have negotiated with FAA favorable corrective action plans for airports on a variety of grant assurance issues. Because of our experience, we are often able to address complicated issues through a phone call or brief email, saving our clients both time and money.
Compliance issues sometimes arise in connection with informal complaints under the FAA’s Pt. 13 procedures and formal complaints under the FAA’s Pt. 16 procedures. We have advised airports in responding to Pt. 13 complaints and have successfully defended many Pt. 16 complaints over the years.
