Airport Air Traffic Control Tower Closue and OptionsTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Regional Airport Air Traffic Control Tower Closure
DATE: April 30, 2013
Dubuque
kital
All- America City
II 111!
2012
Airport Manager Bob Grierson has provided an update on the Dubuque Regional Airport
Air Traffic Control Tower closure.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Robert A. Grierson, Airport Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert A Grierson, Airport Manager
DATE: April 29, 2013
SUBJECT: Dubuque Regional Airport Air Traffic Control Tower Closure
INTRODUCTION
At a previous meeting, City Coucil Member Kevin Lynch had requested additional information on the possible closure of the
Air Traffic Control Tower at the Dubuque Regional Airport due to funding reductions required in the National Sequester.
BACKGROUND
On February 22, 2013, the US Department of Transportation announced its intention to close nearly 250 Air Traffic Control
Towers (ATCT) nationwide as a result of funding reductions required in the Sequester. In spite of letters, personal visits,
emails, and phone calls, the Dubuque ATCT remained on the final closure list which was released on March 22nd. This time,
there were 149 ATCT facilities on the list, all of which are contract towers. Dubuque is the only Iowa ATCT on the list, despite
the fact that we are the third busiest (occasionally second busiest) airport in the state. The contract is between the Federal
Aviation Administration (FAA) and Midwest Air Traffic Services (Midwest) to provide air traffic services between 6:00 am and
8:00 pm daily. After those hours of operation, the Airport remains open to all aviation traffic using standardized procedures
for arriving and departing aircraft. The FAA sequester fix legislation passed by Congress last week provides the DOT and
FAAthe means to address controller furloughs as well as the funding flexibility to keep our tower open beyond June 15th
without increasing FAA's budget. The statute does not explicitly protect the contract tower program. The FAA has not
demonstrated any interest in keeping the contract towers open up to this point.
DISCUSSION
Airport Staff and Assistant City Manager Teri Goodmann have worked very closely with our elected Federal representatives
in an effort to find an appropriate resolution at the federal level which is where this belongs. Recognizing that this may be a
long tern and uphill battle, we have also examined other options. In our opinion, there are four such options in this situation:
let the tower close, participate in lawsuits against FAA to block implementation, push legislators to keep it open, and operate
the ATCT on our own. There are downsides to each of those options.
Let the tower close:
All clearances and releases will have to be issued by phone or remote radio system, we may experience periodic weather
related delays in arrivals and departures and no traffic separation services will be available in our (what will become) class E
airspace. Contrary to the hysteria heard today, the Airport will not close, we will not lose commercial air service or charters
because we don't have a tower, nor will we become a dangerous facility. All pilots are trained in conducting flight operations
in non - towered environments. This will require local implementation of measures limiting the number of University of
Dubuque training aircraft in our traffic pattern, and other management processes with our tenants. What people often forget
is that the Airport operates without an ATCT for ten hours every day. During that time we have numerous general aviation
and commercial flights.
Participate in lawsuits against FAA to block implementation:
It's estimated that fifty airports may file suit in the US District Court of Appeals in Washington, D.C. to halt the tower closings.
Currently 20 have filed. I met with Assistant City Attorney Crenna Brumwell to review our options shortly after the final list
was released. As we were weighing filing as a Petitioner or an Intervenor, our trade group, American Association of Airport
Executives (AAAE) filed a suit on behalf of its members. We have contacted several firms representing other airports
licensed to practice in DC. They do not seem interested in adding our case and feel we are already represented in AAAE's
filing. At this time the cases are likely to be consolidated so that there will be only one case and one brief which is easier
going forward. Additionally, a motion to stay the FAA's decision has been filed. It is believed that the court is unlikely to reach
a decision by June 15th.
Push legislators to keep it open:
I have met with Mike Goodman and Rob Goldsmith from Rep. Braley's office, Sherry Kuntz from Sen. Grassley's Office, and
Richard Bender from Sen. Harkin's office on this issue and have asked for their help to keep the ATCT open. Rep. Braley
has sponsored bi- partisan legislation H. R: 1432 to keep the towers open. Sen. Grassley is co- sponsoring the Senate's
companion legislation S: 687. As I alluded to above, ATCT operations are a federal responsibility and have been since the
1936 Air Commerce Act. It is important that we exhaust all federal means before undertaking local measures to keep the
ATCT operational.
Operate the ATCT on our own:
Many communities are planning to locally fund their towers. In one case, a community plans to hire the controllers as
Municipal employees. The most common option being explored is for the Airport to enter into a contract with one of the many
private companies currently doing business with the FAA for air traffic services. The FAA spends approximately $700,000
annually on their contract with Midwest to operate our tower. We have informally solicited prices from Midwest and other
qualified firms and found that we could operate it at approximately $500,000 annually. For reduced hours of operation, that
price could be even less. The Airport Commission approved a resolution at the April 22nd meeting authorizing staff to release
a Request for Proposals from interested firms to provide ATCT services. The challenge is how to pay for it in the long term.
No state grant funds currently exist for this purpose, and the Airport must be cautious with our pricing on fuel, landing fees,
parking, etc. in order not to drive customers to other airports. Any user fees must be very limited, targeted, and sustainable
and must not be levied on only one segment of airport user.
Additionally, the Airport is working with ACM Goodman and with Sen. Harkin's office on legislation that in the event the City
does undertake funding of the tower and future Federal funds are restored to the contract tower program, that Dubuque
would not be precluded from returning ATCT funding obligations back to the Federal government.
RECOMMENDATION
We will continue to: push our legislators to keep the ATCT open, be a party in a lawsuit against the FAA and we are
formulating a final course of action to locally fund ATCT operations. We assume that local operation of the ATCT will prevail
as the only course of action, so we are structuring a cost and revenue model to finance that burden if we are forced to go in
that direction. I need to reiterate: whether the Tower is open or closed, we will not lose air service as a result of the FAA's
decision.
Prepared by:
cc:
Robert A. Grierson, Airport Manager
Airport Commission