“LEGAL ISSUES ASSOCIATED WITH AN RSA
PROJECT”
Mark Bautista
Deputy General Manager
Monterey Peninsula Airport
David Prentice
Scott Huber
Stephanie Alford
Cota Cole LLP
AIRPORT MANAGEMENT SHORT COURSE
JANUARY 28, 2012
MONTEREY, CALIFORNIA
Process Overview
• Why an RSA?
• FAA AC 150/5300-13
• MRY RSA Study 2007
• Going from 7 to 17 Alternatives
• Environmental Review
• Design
• Construction
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Aircraft overruns during takeoff or landing have been a
recurring safety problem for decades.
American Airlines Flight 1420
Southwest Airlines Flight 1248
Little Rock, Arkansas - June 1, 1999
Chicago Midway Airport – Dec. 8, 2005
Cessna Citation
550, Key West
International
Airport,
November 3,
2011.
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Yeager Airport EMAS Installation, Charleston, WV
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January 2010
Bombardier CRJ-200, aborted takeoff
Yeager Airport, Charleston, WV
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WHAT IS A RUNWAY SAFETY AREA?
A Runway Safety Area (RSA) is defined as “the surface surrounding the runway
prepared or suitable for reducing the risk of damage to airplanes in the event of
an undershoot, overshoot, or excursion from the runway.”
Runway 10L-28R currently meets RSA requirements. Based on the types of
aircraft utilizing Runway 10R-28L, the RSA for this runway should be 500’ wide
and extend 1,000’ beyond the runway ends and 600’ prior to the landing
threshold. Runway 10R-28L does not meet RSA requirements.
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PROPOSED ACTION
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Congressional Passage of H.R. 3058 in 2006
“That no later than December 15, 2015, the
owner or operator of an airport certified under
49 United States Code shall improve the
airport’s runway safety areas to comply with
the FAA design standards required by 14 CFR
Part 139.”
Getting the Team Together
• In-house Staff
Interdepartmental
• Professional Services
• Public Agencies
RSA Outreach
• Off-Airport Stakeholders:
Community Organizations
Homeowner’s Associations
Chambers/Business Orgs
Service Clubs
RSA Outreach Cont’d
• On-Airport Stakeholders:
Air Carriers
Business Jets/FBOs
Transient Pilots
Concessions/Hangar Tenants
RSA Outreach Cont’d
• Other Stakeholders:
Federal Aviation Administration
Facilities & Equipment
Airport District Office
Caltrans
Highways
Stakeholder Issues
• Runway Length
Use What’s Available
Find Out What You Need
• Instrument Landing System (ILS)
Timing Is Everything
Stakeholder Issues Cont’d
• Construction Impacts
• Noise
• Timing & Funding
 FAA Funding Cycle
 Joint Accountability
People
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FORMS OF OUTREACH
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Environmental Review Process
• NEPA
– RSA Projects are Federally Funded
– The “No Action” Alternative
– Working with the FAA
• CEQA
– Initial Study
– Determining Significant Impacts
• Fair Argument Standard
– Preparing the EIR
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BE OVER-INCLUSIVE
•
•
•
•
Mitigation Measures
Statement of Overriding Considerations
Consultants
Utilizing the Resources of Private
Consultants
• Secure Communication Systems
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Public Review Period
•
•
•
•
Get Your Agency on the Same Page
Point Person
Every Opportunity for Comments
System for Responding (Even to Late
Comments)
• Agency Documents
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“FINAL” WORDS
People Will Always Disagree
Do Your Due Diligence