Regulatory Alert: FAA Releases Guidance on Proposals to Restrict or Close Airport Activity Due to Public Health Concerns

March 16, 2020

Today the Federal Aviation Administration's (FAA) Office of Airport Compliance and Management Analysis (ACO-1) has circulated guidance, Compliance Guidance Letter (CGL) 2020-01, to its Regional and Airports District Office managers and compliance personnel, advising them on the handling of proposals from airports to temporarily close or restrict all or parts of a federally obligated airport due to public health concerns such as the coronavirus. FAA's CGL states the following:

"In general, the FAA does not permit temporary closure or restriction of federally obligated airports for nonaeronautical purposes. An airport sponsor must obtain FAA approval to allow airport closure for a non-aeronautical purpose. (Grant Assurance 19 and 49 U.S.C. § 47107(a)(8)). Grant Assurance 19 further requires that airport sponsors will not cause or permit any activity or action on the airport that would interfere with its use for airport purposes. This guidance includes all airport structures and operational areas."

The CGL advises that FAA ACO-1 will process the handling of requests to close any part of a federally obligated airport for non-aeronautical purposes related to public health concerns. However, the CGL does not outline how ACO-1 will evaluate those proposals.

You can view FAA's CGL 2020-01 here.

If you have any questions, please contact Justin Barkowski at justin.barkowski@aaae.org.