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la City of Louisville • • <br /> Office of the Mayor <br /> • <br /> January 12, 1999 • <br /> • <br /> The Honorable Mark Udall <br /> •US House of Representatives <br /> Washington, D.C. 20515 <br /> Dear Representative Udall: • <br /> The City of Louisville would like to make you aware that the Jefferson County Commissioners on <br /> January 4, 1999 voted to lift the ban on processing applications for scheduled air carrier service <br /> out of the Jefferson County Airport. Based on local news accounts, they did so reluctantly, while <br /> accusing the Federal'government of blackmail. According to the Commissioners, the action was <br /> taken to prevent Jeffco from losing federal funding, which was at risk while the moratorium on <br /> applications remained in effect. <br /> The Commissioners routinely stated their annoyance with federal officials exerting control over <br /> local decisions. The City of Louisville firmly believes that an airport, whether it received federal <br /> funds or not, should have the right to decide what kind of traffic it wants at the airport. The <br /> airport operators and citizens around the airport know best what their airport should look like, <br /> not federal regulators in Washington, D.C. <br /> • <br /> In 1996 FAA reauthorization legislation passed that included revised provisions related to <br /> scheduled passenger service at reliever airports (Public Law 104-204). Specifically, "Section 404. <br /> Certification of Small Airports" changes the certification requirements for small airports. The old <br /> requirement was that any airport accepting scheduled passenger service with aircraft Of more than <br /> 30 passengers must be certified. The new law requires scheduled passenger service carrying 9 or <br /> more passengers to operate at only certified airports. Included in section 404 was a provision <br /> which stated: <br /> (f) Limitation on Statutory Construction -Nothing in this title may be construed as <br /> requiring a person to obtain an airport operating certificate if such person does not <br /> desire to operate an airport described in subsection (a). <br /> • <br /> Because the provision,says that no airport can be forced to obtain an operating certificate Jeffco, <br /> or any other airport, has the ability to deny scheduled service from an airport that intends to fly <br /> more than 9 passengers at a time. However, the FAA has chosen not to promulgate the rules to <br /> govern this section of the law. <br /> a <br /> The City would ask for your assistance in assuring the FAA acknowledge the existence of this law <br /> • and promulgate the rules in a timely manner. The City has sent similar letters to both Senator <br /> Campbell and Representative Hefley. Representative Hefley was the author of paragraph (f) <br /> sighted above, and faces similar concerns at Centennial Airport in Arapahoe County. Should you • <br /> 749 Main Street Louisville, Colorado 80027 303-666-6565 Fax 303-673-9043 <br />