Long-Ago Congressional Mandate Should Have Studied TFRs’ Impact

On Sunday morning (July 14), a last-minute Temporary Flight Restriction (TFR) abruptly closed Somerset Airport (SMQ) in Bedminster, New Jersey, which is less than two miles from the Trump National Golf Course. The TFR was understandable since it came to light that former President Trump had traveled to his New Jersey residence after the assassination attempt the day before.

Steven Parker, a veteran Air Force pilot and third-generation co-operator of SMQ (founded by his grandfather George Walker), is familiar with the issue of TFRs closing down his airport from Trump’s first term. But this one, crudely hand-drawn (see illustration), was different—a mere three-mile circle centered on Trump National, with air traffic restricted from the surface to a ceiling of just 3,000 feet. This was unlike the 30-mile TFRs that regularly went into effect during the Trump presidential administration. Under those TFRs, with ceilings not limited to 3,000 feet, several local airports were shut down along with overflying traffic.

With the upcoming election suggesting that another round of such presidential TFRs might be in store, Parker reminded AVweb that, as part of the 2018 FAA reauthorization, he and others—including the Mid-Atlantic Aviation Coalition (MAAC)—had successfully petitioned Congress to at least explore relief for GA airports impacted by crippling TFRs. Presidential TFRs are restrictive to any airport near where a president travels to, for business or recreation, including those in the vicinity of Trump’s Mar A Lago home in Florida and President Biden’s residences in Dover and Rehoboth, Delaware.

Parker and MAAC had argued for simply transposing security measures already enacted that enabled the so-called “Maryland Three” airports inside the Washington, D.C., restricted area to operate, “allowing properly vetted private pilots to fly to, from, or between the three general aviation airports closest to the National Capital Region.” The group argued that the same measures could be copied for any GA airport within sometimes weekslong presidential TFRs, anywhere. Congress apparently agreed, writing under subsection (d) of Section 529 (copied in full below) of the October 2018 FAA reauthorization legislation, “Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the portion of the study described in subsection (b)(1)(A).”

Section 529 further mandated: “Not later than one year after the date of enactment of this Act (except as described in subsection (d)), the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study.” Close to six years later, according to Parker and information posted on the MAAC website, none of the airport operators involved were ever contacted, and to date, there has been no action on the mandate. AVweb contacted the Washington office of 7th District New Jersey Representative Thomas Kean yesterday for information on whether Section 529 from the 2018 Reauthorization had been reprised in this year’s reauthorization and if he could offer an update on the proposal. At press time, the congressman’s office has not responded.

From the 2018 FAA Reauthorization bill:

SEC. 529. TFR REPORT. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act (except as described in subsection (d)), the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study described in subsection (b). (b) RECOMMENDATIONS.—The Administrator shall make recommendations based on— (1) an analysis of— (A) the economic effects of temporary flight restrictions, particularly temporary flight restrictions issued pursuant to section 91.141 of title 14, Code of Federal Regulations, on airports or aviation-related businesses located or based in an area covered by the temporary flight restriction; and (B) potential options and recommendations for mitigating identified negative economic effects on airports or aviation-related businesses located or based in an area frequently covered by a temporary flight restriction; and (2) an analysis of the potential for using security procedures similar to those described in the Maryland Three Program (allowing properly vetted private pilots to fly to, from, or between the three general aviation airports closest to the National Capital Region) during temporary flight restrictions in the following airports: (A) Solberg Airport. (B) Somerset Airport. (C) Palm Beach County Park Airport (also known as Lantana Airport). (c) COLLABORATION.—In making the recommendations described in subsection (b), the Administrator shall consult with— (1) industry stakeholders; and (2) the head of any other agency that, in the Administrator’s determination, is a stakeholder agency. (d) SPECIAL DEADLINE.—Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the portion of the study described in subsection (b)(1)(A).