FAA intervenes in political dispute over Nashville Airport leadership

Sandy Mazza, Nashville Tennessean
Updated ·4 min read
Nashville mayor John Cooper walks on a tour of the new Grand Lobby at Nashville International Airport in Nashville, Tenn., Thursday, Jan. 19, 2023.

A Federal Aviation Administration official has intervened in a plan from Tennessee Republicans to take charge of Metro Nashville Airport Authority board appointments, according to a letter provided to The Tennessean.

The proposed bill, SB1326/HB1176, has received majority support from the Senate and is scheduled to be heard in the House on Tuesday.

But FAA Office of Airport Compliance and Management Analysis Director Kevin C. Willis said the agency "has questions regarding the potential impact of the transfer of the appointment authority of all board members from the mayor of the local community to state-appointed officials."

The bill has been politically contentious because it would take power away from Nashville's Democratic mayor, who currently appoints all MNAA board members. If approved, the 11-member commission would include 10 members appointed by state leaders and one appointment left for the mayor.

Willis' letter was written and addressed to MNAA CEO Doug Kreulen on Friday. It comes after former FAA official Kirk Shaffer told state legislators that the bill could create legal chaos at Nashville International Airport by violating a federal rule that requires FAA approval for significant changes in airport operations.

Kreulen, who is also president of the Tennessee Association of Air Carrier Airports, responded Sunday, according to a copy of his letter provided to The Tennessean. He said the board has "conducted significant legal review" of the state legislation and concluded that it does not violate federal aviation regulations.

FAA officials did not immediately comment on whether the agency would block the legislation.

The MNAA issued a statement about the legislation, saying the board's goal has been "to respect the legislative process" and that they have "served as an educational resource" to local and state officials.

"During our 53-year history, the Metro government has appointed top civic and community leaders to help guide the Authority. Regardless of the appointing authority, we are confident that the Airport Authority will continue to provide outstanding service to the citizens of Tennessee and all the surrounding states.

"The Metropolitan Nashville Airport Authority is committed to providing a world-class airport to meet the needs for passengers today, tomorrow and for generations to come.”

Excepts from both letters:

  • Kevin C. Willis, director of FAA's Office of Airports Compliance and Management Analysis, wrote to Metro Nashville Airport Authority CEO Doug Kreulen: "While the FAA views the matter of who governs the airport as a local decision, only the FAA has the authority to issue an airport operating certificate under 49 U.SC. § 44706 as implemented by 14 CFR Part 139 or approve the transfer of the Federal obligations to another eligible sponsor, if applicable, and to assure that all terms and conditions of grants agreements are satisfied. The FAA has questions regarding the potential impact of the transfer of the appointment authority of all board members from the Mayor of the local community to State-appointed officials, including the impact of such a transfer on the airports’ Federal obligations, operations and existing financial arrangements, including those with the Metropolitan Government of Nashville and Davidson County. The FAA would like to discuss the potential impact on the Airport Authority and the Airports. The FAA looks forward to working with the parties to resolve all possible issues involving Federal concerns or requirements. We are available to discuss these items at your convenience."

  • Metro Nashville Airport Authority CEO Doug Kreulen's response to Kevin C. Willis, director of FAA's Office of Airports Compliance and Management Analysis: "You’ve indicated that it’s your understanding that if these bills were to become law, they 'could be viewed as a substantial change impacting the governance of the Airport Authority.' However, beyond saying that it 'could' have that impact, you provide no explanation as to how it 'could' happen. Your letter then goes on to summarize the FAA’s 'Policy on Evaluating Disputed Changes of Sponsorship.' You later acknowledge that 'the FAA views the matter of who governs the airport as a local decision.' MNAA has conducted significant legal review of the legislation and MNAA has concluded that, as currently written, the bills do not change the ownership, sponsorship, governance, or operations that would trigger the FAA’s policy. I agree with the FAA’s position that this is a local decision. Since the legal entity, MNAA, is not changing, I will continue to run the airport under the guidance of the MNAA Board, which is and will be appointed pursuant to state law. With regard to scheduling a meeting to discuss this legislation, I can make myself available at your convenience."

This article originally appeared on Nashville Tennessean: FAA intervenes in dispute over Nashville Airport leadership