|
<br /> official representative of the applicant to act in connection with the application and to provide such
<br /> additional information as may be required.
<br /> 5. Good Title to Airport. It holds good title, satisfactory to the Secretary, to the landing area of the
<br /> airport or site therefor, or will give assurance satisfactory to the Secretary that good title will be
<br /> acQuired.
<br /> . Consideration of Local Interest. It has given fair consideration to the interest of communities in or near
<br /> which the project may be located.
<br /> . Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway.
<br /> extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,
<br /> social, and environmental effects of the airport or runway location and its consistency with the goals and
<br /> objectives of such planning as has been carried out by the community and shall, when requested by the
<br /> Secretary, submit a copy of the transcript to the Secretary.
<br /> 8. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway
<br /> location, it will provide for the Governor of the state in which the project is located to certify in writing
<br /> to the Secretary that the project will be located, designed, constructed, and operated so as to comply with
<br /> applicable air and water Quality standards. In any case where such standards have not been approved and
<br /> where applicable air and water Quality standards have been promulgated by the Administrator of the
<br /> Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of
<br /> certification or refusal to certify shall be provided within sixty (60) days after the project application
<br /> has been received by the Secretary.
<br /> 9. Economic Nondiscrimination. It will make its airport available as an airport for public use on fair and
<br /> reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical uses
<br /> including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or
<br /> subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially
<br /> comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable
<br /> rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such
<br /> airport and which utilize similar facilities, subject to reasonable classifications such as tenants or
<br /> nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status
<br /> as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
<br /> substantially similar to those already imposed on tenant air carriers, and (B) each fixed-base operator at
<br /> any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable
<br /> to all other fixed-base operators making the same or similar uses of such airport utilizing the same or
<br /> similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to
<br /> use any fixed-base operator that is authorized by the airport or permitted by the airport to serve any air
<br /> carrier at such airport, and (D) that in any agreement, contract, lease or other arrangement under which a
<br /> right or privilege at the airport is granted to any person, firm, or corporation to conduct or engage in any
<br /> aeronautical activity for furnishing services to the public at the airport, the sponsor will insert a~d
<br /> enforce provisions requiring the contractor--
<br /> (1) to furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof,
<br /> and
<br /> (2) to charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided,
<br /> that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
<br /> similar types of price reductions to volume purchasers.
<br /> (E) that it will not exercise or grant any right or privilege which operates to prevent any person, firm, or
<br /> corporation operating aircraft on the airport from performing any services on its own aircraft with its own
<br /> employees (including, but not limited to maintenance and repair) that it may choose to perform, and (F) in
<br /> the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the
<br /> services involved will be provided on the same conditions as would apply to the furnishing of such services
<br /> by contractors or concessionaires of the sponsor under these provisions.
<br /> Provided, that the sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be
<br /> met by all users of the airport as may be necessary for the safe and efficient operation of the airport; and
<br /> provided further, that the sponsor may prohibit or limit any given type, kind, or class of aeronautical Use
<br /> of the airport or necessary to service the civil aviation needs of the public.
<br /> 10. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or
<br /> intending to proVide, aeronautical services to the public. For purposes of this paragraph, the providing of
<br /> services at an airport by a single fixed-base operator shall not be construed as an exclusive right if both
<br /> of the following apply: (1) it would be unreasonably costly, burdensome, or impractical for more than one
<br /> fixed-base operator to provide such services; and (2) if allowing more than one fixed-base operator to
<br /> provide such services would require the reduction of space leased pursuant to an existing agreement between
<br /> such single fixed-base operator and such airport.
<br /> It further agrees that it will Dot, either directly or indirectly, grant or permit any person, firm, or
<br /> corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to
<br /> conduct any aeronautical activities, including but not 1iaited to charter flights, pilot training, aircraft
<br /> FAA Form 5100-100 <11-.\12) Ðevelopeent Page 7
<br />
|