CITY COMMISSION AGENDA MEMO March 28, Peter Van Kuren, Airport Director

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1 CITY COMMISSION AGENDA MEMO March 28, 2013 FROM: Peter Van Kuren, Airport Director MEETING: April 2, 2013 SUBJECT: PRESENTERS: Authorize City Administration to Negotiate and Finalize an Agreement with Midwest ATC for Air Traffic Control Services at Manhattan Regional Airport Peter Van Kuren, Airport Director BACKGROUND In a March 5, 2013, letter, the Federal Aviation Administration (FAA) advised affected contractors and airports that the agency expects to cease funding Air Traffic Control (ATC) services at the vast majority of contract towers that had fewer than 150,000 total operations AND fewer than 10,000 commercial operations in Fiscal Year This cessation of funding was chosen by the FAA to implement the budget sequestration that took effect on March 1, The FAA further explained that it may decide to continue operations at a tower falling below the activity threshold, but only if in the FAA s sole judgment closing the tower would have a negative impact on the national interest. Communities were offered the opportunity to appeal the FAA s decision by submitting a letter stating reasons of a national interest why their ATC services should continue. The Manhattan Regional Airport (MHK) is impacted by these cuts. The City of Manhattan appealed the FAA s decision in a letter dated March 8, On March 22, 2013 the City of Manhattan learned its appeal was denied and that MHK is one of 149 airports that will no longer receive funding for ATC services. The FAA will begin a three phase process to cut funding beginning April 7, The City has learned that MHK will no longer receive federal funding after May 5, DISCUSSION The FAA s decision to terminate funding for air traffic control services at MHK was placed on the March 26, 2013, City Commission Meeting Agenda as a discussion item. During the discussion Commissioners were presented with a number of issues facing the airport if ATC services were terminated. Besides the issues outlined in Enclosure (1) additional concerns were presented and are included as Enclosure (2).

2 City Administration has developed several options regarding future air traffic control services. These options are: 1. Operate the Airport without ATC. 2. City funds ATC for remainder of Federal Fiscal Year 13 (FFY13). a. Stop gap solution b. Allows for possible Congressional action in FY14 budget c. Allows time for City to explore long-term options 3. City funds ATC long-term. a. Hires Contract Firm; or b. City employs controllers as staff. i. Wage and insurance issues must be thoroughly studied. 4. Fort Riley provides air traffic control at MHK. a. DoD Controllers staff MHK Tower b. Marshall GCA provides radio and radar coverage 5. Enter FCT Cost Share Program if this program is retained by FAA. City Administration considers Option No. 1 not acceptable. The loss of air traffic control services creates a perception of an unsafe airport environment. This directly influences the decisions commercial air passengers make in choosing which airport to fly from. With the success of the American Airlines service to Dallas-Fort Worth and Chicago s O Hare airports, discontinuing air traffic services would damage the reputation MHK has established over the past three years as a reliable alternative to other airports. Airports considered as alternatives to MHK are not impacted by the sequester cuts. Option No. 2 provides a short term solution that will ensure continuity of air traffic services and give users of the airport confidence the airport is operated safely. There is also the potential for legislative action by Congress pertaining to the reestablishment of funding in the FY14 federal budget. This option also allows City Administration to study Options 3-5 in greater detail, and possibly develop other options that will lead to a longterm solution. Option No. 2 is the preferred option and is recommended for approval by the City Commission. City Administration would negotiate a new contract with the existing air traffic service provider, Midwest Air Traffic Control Services, Inc., of Overland Park, Kansas. The agreement would not be a continuation of the existing FAA agreement, but an agreement directly between the City and Midwest ATC. This non-federal contract tower agreement will allow the City the flexibility to negotiate operating hours, staffing requirements, wage rates, maintenance requirements, etc. During the discussion on March 26, several questions were asked by Commissioners. Preliminary answers to many of those questions are provided below. Questions pertained to three subject areas: safety; costs; and, long-term outlook.

3 1. SAFETY Question: What are the safety concerns if air traffic control services are terminated at MHK? (Conduct a risk assessment) Answer: MHK s Tower averages approximately 60 operations per day. That number suggests the airspace above MHK is not very congested and that uncontrolled airport procedures can be used effectively by pilots. Pilots have always been responsible for the safety of their aircraft and have ultimate responsibility for operations they conduct. That is true even when air traffic controllers are involved. All pilots are trained in see and avoidance. These procedures work best in visual flight conditions where pilots can see one another and communicate intentions. However, safety concerns increase when weather conditions deteriorate, or when traffic volume and complexity increase. Enclosures (1) and (2) highlight factors that not only impact safety, but also the efficiency of the airport. Regarding a risk assessment, the FAA has safety offices in both its Air Traffic Office and the Airports Office. The City will contact these offices to request an assessment. There may also be private firms that can be hired to provide an independent assessment, and perhaps the City s insurance provider can assist in this area. These options will be explored in greater detail as a long-term solution is considered. Question: What are advantages to having full-time staffing? Answer: Air traffic control is a specialized field that requires FAA approved training and certification. Additionally, there are mandated minimum proficiency requirements that must be maintained so Controllers remain current. Full-time staffing; (i.e. permanent full-time) will have received the requisite training and provides for continuity. A full-time employee is more likely to be focused on their position. Parttime staffing; (i.e. less than full-time) receives the same training; however, it may be difficult to find qualified Controllers to fill this position. The hours the Tower is active can vary from the current 14 hour period. Staffing can be adjusted commensurate with the tower operating hours. Current operating hours are being evaluated to determine where modification can be implemented. Question: Is it possible to do part-time? Answer: This option is being evaluated. Question: Is it possible to have a person monitor a radio between times tower is not staffed? Answer: Yes. Many FBOs have a frequency that is monitored during their operating hours where pilots can contact the company to arrange services upon arrival. This is typically for administrative purposes. Many military air installations have a Base Operations staffed by trained personnel who can file flight plans and may be able to provide other information about field conditions and services available.

4 Question: Is there a way for Marshall AAF to perform functions via a radio connection with MHK? Answer: Yes. Currently Marshall Radar is unable to communicate reliably with aircraft on the ground at MHK. In order to provide that capability additional equipment will need to be installed that would enable their radios to have coverage. This capability will be required if the air traffic control tower is closed and Marshall Radar is open. Aircraft departing Instrument Flight Rules (IFR) from MHK are required to have an IFR Release prior to entering controlled airspace. The aircraft on the ground will need to have the capability to communicate with Marshall. 2. COST Question: How do we fund services? Answer: City Administration is evaluating all possible options for short and longterm funding in the event air traffic services must be funded locally. These options include: airport fees, reprioritization of funds; economic development/infrastructure sales tax; and, discussions with regional partners. Once developed, long-term funding options will be presented to the Commission as part of a comprehensive plan to retain air traffic control services if that should be the desire of the Commission. 3. LONG TERM OUTLOOK Question: What are the long-term intentions of the FAA regarding airport funding? Answer: The contract tower program is a direct operational expense and function of the FAA. The FAA provides grants and entitlement funding to the Manhattan Regional Airport through the Airport Improvement Program (AIP), which was established by the Airport and Airway Improvement Act of 1982 (Public Law ). Since then, the AIP has been amended several times, most recently with the passage of the FAA Modernization and Reform Act of Funds obligated for the AIP are drawn from the Airport and Airway Trust fund, which is supported by airport user fees, fuel taxes, and other similar revenue sources across the country. It is unlikely the FAA or Congress will unilaterally terminate this program. FINANCING In preliminary discussions with Midwest ATC, it appears the monthly contract price would be in the $32,350 range and thus the five month period would amount to approximately $162,000. City Administration proposes to use funds from the General Fund Reserves to fund this approximate five month contract with Midwest, ATC. An amount of $750,000 was

5 budgeted in General Fund Reserves for unforeseen circumstances. This situation certainly fits that justification. If the City remains responsible for funding tower operations beyond the current federal fiscal year, a long-term funding strategy will be developed as part of the 2014 annual budget process. ALTERNATIVE It appears the Commission has the following alternatives concerning the issue at hand. The Commission may: 1. Authorize City Administration to negotiate an Agreement with Midwest Air Traffic Control Services, Inc., of Overland Park, Kansas, for air traffic control services at Manhattan Regional Airport. 2. Do not authorize City Administration to negotiate an Agreement with Midwest Air Traffic Control Services, Inc. RECOMMENDATION City Administration recommends approval to negotiate a short term agreement with Midwest ATC. This action will immediately ensure continuity of operations for Airport patrons. It will also allow time for a broader discussion about the future of contract tower operations, including evaluation of various issues such as safety concerns, hours of operation, possible partnerships with Fort Riley or other regional stakeholders, funding, etc. City Administration also recommends funding the five month contact from General Fund Reserves. POSSIBLE MOTION Authorize City Administration to negotiate an Agreement with Midwest Air Traffic Control Services, Inc., of Overland Park, Kansas, for air traffic control services at Manhattan Regional Airport using General Fund Reserves up to an amount not to exceed $162,000. Enclosures: 1. Letter of Appeal 2. Local Concerns Paper

6 March 8, 2013 C I T Y M A N A G E R S O F F I C E J. David Grizzle Chief Operating Officer Federal Aviation Administration/ATO 800 Independence Ave., SW. Washington, DC Dear Mr. Grizzle: With this letter the City of Manhattan is appealing the Federal Aviation Administration s (FAA) decision to discontinue funding contract air traffic control (ATC) services at Manhattan Regional Airport (MHK). We believe that it is in the national interest and is in keeping with the FAA s guiding principle of maintaining high safety standards to continue funding ATC services at MHK. The U.S. Army military installation at Fort Riley is home to the 1 st Infantry Division which has a significant role in our nation s national defense. Located on Fort Riley is Marshall Army Airfield, and adjacent to Fort Riley is an extensive training area allowing for live (air and artillery) munitions training. MHK is located 1.6 miles from Restricted Area R-3602, and seven miles from Marshall Army Airfield (MAAF). R-3602 is the primary training area for the 1 st Infantry Division, Combat Air Brigade (CAB). The CAB has a complement of 120 helicopters that routinely operate in R-3602, and in the airspace around Manhattan. MAAF is also home to the Grey Eagle Unmanned Aircraft System (UAS). The U.S. Army operates Grey Eagle and other UAS in R The close proximity to MHK and the complexity of operations at MAAF and R-3602 are depicted in Enclosure (1). CAB aircraft operate daily and transit a corridor that brings them within one mile of MHK. CAB aircraft also conduct training at MHK and specifically use MHK s Instrument Landing System (ILS) for proficiency. Aircraft operating in, and transiting to and from R-3602 pose a significant safety risk to aircraft operating at MHK. This risk is successfully mitigated by the air traffic controllers at MHK. It is clear that the safe and expeditious movement of civilian aircraft operating in close proximity of military aircraft is in the national interest. Equally as important is the Department of Defense s (DoD) ability to train with one of its most modern and successful weapons platform. Extensive coordination and planning was conducted between DoD, FAA and the City of Manhattan prior to deploying UAS to Fort Riley. Air traffic procedures requiring controllers at MHK have been developed and are used successfully to ensure real time coordination takes place when R-3602 is HOT. This coordination allows for timely IFR releases of commercial aircraft. The Manhattan Regional Airport is a Class I, Primary Commercial Service Airport serving North central and Northeastern Kansas with daily commercial air service to Dallas/Fort Worth and Chicago s O Hare Airports by American Airlines. MHK has two intersecting runways an aircraft maintenance facility and a Fixed Base Operator. Approximately 65% of the current annual traffic volume is itinerant, 51% of which is IFR. The close proximity of R-3602 catches many pilots by surprise as they operate into MHK. MHK tower controllers diligently monitor the Class D airspace around the airport and steer pilots away from the hazardous area. When UAS operate in R-3602, MHK controllers are essential in the coordination of IFR releases of commercial aircraft City Hall * 1101 Poyntz Avenue * Manhattan Kansas * * phone * fax * pepperd@cityofmhk.com

7 into the National Airspace System. Long delays impacting passengers and the airlines would ensue if not for the presence of the contract tower controllers. The main campus of Kansas State University is located in Manhattan, Kansas. K-State is a research university with enrollment of over 23,000 students from around the world. Kansas State University and Manhattan were selected by the Department of Homeland Security (DHS) as the site of the National Bio and Agro-defense Facility (NBAF). A factor in this selection was the ability to safely access the region through the Manhattan Regional Airport. The importance of NBAF cannot be overstated. Animal health research and protection of the nation s food supply from natural and man-made threats will be the vital mission of NBAF and the current operational Biosecurity Research Institute (BRI) at K-State. DHS is constructing the NBAF infrastructure now and research is already underway in BRI on the University. This research brings scientists from around the world to observe and participate. Safe operations in and out of the Manhattan airport are an integral part of the success of NBAF. While aircraft operations are a good indicator of how busy an airport can be, we believe operations alone do not tell the full story of a control tower s importance to safety at an airport. In the FAA s letter to the City of Manhattan it highlighted another guiding principle of minimizing the impact of sequestration cuts to the greatest number of passengers. In terms of passenger numbers, MHK has the greatest number of passengers than all other contract towers in the state of Kansas. In fact MHK had more passenger enplanements in 2012 than all other contract towers in the state combined. This includes the Salina Municipal Airport that was exempt from the closure list. MHK ranks second in the state of Kansas, only to the Medium Hub of Wichita Mid-Continent Airport, in numbers of passengers served. K-State is also a member of the Big 12 NCAA Athletic Conference. Division I athletic events bring significant numbers of aircraft with unfamiliar pilots to MHK. These pilots as well as the numerous team charters from around the country benefit greatly from the contract tower at MHK. Faculty, International students, athletes, and visitors use the Manhattan Regional Airport daily to access the region. U.S. Presidents, government officials and world leaders have flown into MHK to speak at the prestigious Landon Lecture Series hosted by K-State. The complexity of MHK traffic ranges from Cessna to military C17 support aircraft, army helicopters to corporate jet traffic, regional jet service to large B757 charters and finally the helicopter emergency service in and out of Mercy hospital. With all of these factors in mind, we ask that FAA recognize the significant national interest in staffing the MHK Air Traffic Control Tower and take action to remove the Manhattan Regional Airport s Contract Tower from the termination list. If you should have any questions please contact our City Manager, Mr. Ron Fehr at Sincerely, Loren J. Pepperd Mayor Enclosures LJP:PV:dls

8 Limitations & Constraints Shared Use Area ~85 Square Kilometers of restricted airspace (shaded yellow & red area) is mutually used between Fort Riley and Manhattan Regional Airport. When Instrument Flight Rule (IFR) aircraft land at Manhattan, effects are: Shadow Take-Off and Land Area Helicopter gunnery in shaded red area ceases. Gray Eagle Flight Routing Shadow UAS system flight in shaded red area terminates or relocates in restricted airspace.(affects Grey Eagle Operations) Shaded red area includes Shadow take-off and land area and Gray Eagle flight routing form MAAF. Take-off and landings at both sites are coordinated & sequenced around Manhattan IFR flight by MAAF ATC, Range Support, and Manhattan Tower. Shaded red and yellow areas prohibit Raven type UAS activity (proximity to air traffic) Areas of High Traffic Density Shared Use Area Manhattan Regional Shaded green areas area show highest densities of air traffic in area. Marshall Army Airfield ~85 sq KM of Training Area Requires Synchronization by Marshall Army Airfield ATC, Range Support, Manhattan Regional Tower, and Local Procedures. UAS and Helicopter Live Fire Capabilities Lost in Shaded Red Area When ATC Not Operational

9 Local Overview (Complexities, Proximities, Densities, and Saturation) Fort Riley Restricted Airspace surface to 29,000 feet Mean Sea Level (MSL) Fort Riley MOA ,999 feet Mean Sea Level (MSL) Does not include Main Post, Camp Funston, Camp Forsyth, and portions of Custer Hill. 1.6 mi Manhattan Regional Class D Airspace Areas of High Traffic Density 2.5 mi 7.5 mi 1.5 mi JC Municipal 3.8 mi Marshall Army Airfield Class D Airspace Requires People, Procedures, and Technology to Separate Aircraft and to Provide and Maintain Air Safety in Region

10 Tower Closure Local Issues: No one to activate Crash Phone from Tower MFD may need to provide Hardstand to observe operations throughout the day. Crash phone currently in the Tower will also need to be available in the FBO and Airline Office. Construction on Airport/Routine Maintenance Safety Closed runway NOTAM required providing for safe maintenance on runway, taxiways and Safety Areas. Could cause confusion with pilots. Some pilots don t check NOTAMs. Extra coordination with airline so flights not canceled. ATC allows for more efficient and safe maintenance by routing traffic to crosswind. Uncontrolled airport means some aircraft won t check in and may land without alerting maintenance crews. Will need to install radios in all vehicles and mowers Automatic Surface Observation System (ASOS) Maintenance Issues If ASOS equip fails no controllers in Tower to make weather observations. Airline will cancel flight if no weather. K-State Game Days Numerous arriving aircraft pose significant hazards Numerous departing aircraft Class E Airspace no radios required. Wildlife Inspections Until fence is built a runway inspection is required prior to each commercial landing, seven days a week. No ATC to alert pilots of bird activity, or maintenance staff of deer. Military Activity will it continue at MHK? Taxiway Routing Pavement Strength Without ATC we would utilize follow-me vehicle

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