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• <br /> j;jam,` w,,' Post Office Box 471 • Boulder,Colorado 80306 <br /> alUlcte .. Board of County Commissioners <br /> 13th&Pearl Streets• Boulder County Courthouse•Boulder,Colorado 80302 •(303).441-3500 <br /> April 27, 1999 <br /> The Honorable Mark Udall <br /> US House of Representatives - . <br /> . 128 Cannon House Ooffice Building <br /> Washington,D.C. 20515 <br /> Dear Representative Udall: • • . <br /> As you are aware,the Jefferson County Commissioners have recently set minimum standards for <br /> regularly scheduled passenger service at the Jefferson County Airport. We believe this action has <br /> • occurred because the FAA is unwilling to acknowledge the current rules which allows local airports to <br /> prohibit this kind of service. It is our understanding that HR 1000, section 122 (FAA reauthorization) <br /> speaks directly to the authority of an airport to preclude scheduled passenger service. <br /> ' In 1996 the FAA reauthorization legislation included revised provisions'related to scheduled passenger ' <br /> service at reliever airports (Public Law 104-204). Specifically, "Section 404, Certification of Small , <br /> Airports"changes the certification requirements for small airports. The old requirement was that any <br /> airport accepting scheduled passenger service with aircratof more than thirty..passengers must be <br /> certified. The new law requires scheduled passenger service carrying nine or more passengers to <br /> operate at only certified airports. Included in section 404 was a provision which stated: (I) limitations <br /> - • on Statutory Construction Nothing in this title may:be construed as requiring,a person to obtain an <br /> airport operating certificate if such person does not desire to operate:an airport:described in subsection <br /> (a). <br /> Because the provision says that no airport can be forced to obtain an operating certificate, Jeffco, or <br /> any other airport, has the ability to deny scheduled service from an airport where a carrier intends to fly <br /> more than nine passengers at a time. However,the FAA has chosen not to promulgate their rules to <br /> govern this section of the law. . <br /> The Boulder County Commissioners ask for your assistance in assuring that the FAA acknowledges ' . ' - <br /> the existence of Public Law 104-204 and promulgates its rules. We ask for your continued . <br /> partcipation in finding a meaningful resolution to this issue which affects the residents of Boulder . <br /> County whose homes lie under the flight path of proposed passenger flights. <br /> Si ely, qa (-1141' �? <br /> Cali.- 'I <br /> Ron Stewart, Chair �' na Mendez, Vice Chair �/ <br /> • <br /> Boulder County Corn pi' ers ; $oulder County Commissioners <br /> I1�7 • '/ <br /> %�-� <br /> 'au b. banish • . • .• . . . . . . - <br /> Boulder County.Commissioner <br /> Jana L.Mendez Ronald K.Stewart Paul Danisn <br /> County Com:nssior.er County Commissioner County Co:^imissiener <br />