“LEGAL ISSUES ASSOCIATED WITH AN RSA PROJECT” Mark Bautista Deputy General Manager Monterey Peninsula Airport David Prentice Scott Huber Stephanie Alford.

“LEGAL ISSUES ASSOCIATED WITH AN RSA PROJECT”

Mark BautistaDeputy General Manager

Monterey Peninsula Airport

David PrenticeScott Huber

Stephanie AlfordCota Cole LLP

AIRPORT MANAGEMENT SHORT COURSEJANUARY 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

American Airlines Flight 1420Little Rock, Arkansas - June 1, 1999

Southwest Airlines Flight 1248Chicago Midway Airport – Dec. 8,

2005

Aircraft overruns during takeoff or landing have been a recurring safety problem for decades.

Cessna Citation 550, Key West International

Airport, November 3,

2011.

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Yeager Airport EMAS Installation, Charleston, WV

MONTEREY REGIONAL AIRPORT

January 2010Bombardier CRJ-200, aborted takeoff

Yeager Airport, Charleston, WV

MONTEREY REGIONAL AIRPORT

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.

WHAT IS A RUNWAY SAFETY AREA?

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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.”

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Getting the Team Together

• In-house StaffInterdepartmental

• Professional Services• Public Agencies

RSA Outreach

• Off-Airport Stakeholders: Community OrganizationsHomeowner’s AssociationsChambers/Business OrgsService Clubs

RSA Outreach Cont’d

• On-Airport Stakeholders:Air CarriersBusiness Jets/FBOsTransient PilotsConcessions/Hangar Tenants

RSA Outreach Cont’d

• Other Stakeholders:Federal Aviation Administration

Facilities & EquipmentAirport District Office

CaltransHighways

Stakeholder Issues

• Runway LengthUse What’s AvailableFind 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

FORMS OF OUTREACHMONTEREY REGIONAL AIRPORT

• 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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Environmental Review Process

• Mitigation Measures • Statement of Overriding Considerations• Consultants • Utilizing the Resources of Private

Consultants • Secure Communication Systems

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BE OVER-INCLUSIVE

• 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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Public Review Period

People Will Always Disagree

Do Your Due Diligence

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“FINAL” WORDS