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Airport Compliance. FAA Order 5190.6B Airport Compliance Manual An Overview. Presented to: Federal Agency Update 2010 By: Kevin Willis, Airport Compliance Date: January 27, 2010. What Do These Things Have in Common?.

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Airport Compliance

FAA Order 5190.6B

Airport Compliance Manual

An Overview

Presented to: Federal Agency Update 2010

By: Kevin Willis, Airport Compliance

Date: January 27, 2010


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What Do These Things Have in Common?

  • George H.W. Bush was sworn in as the 41st President of the United States

  • The TV show Seinfeld premiered

  • Democratic protests threaten communism in Czechoslovakia, Romania, and East Germany

  • A gallon of gas was 97 cents

  • Microsoft Office (version 1) was released

  • The San Francisco 49ers defeated the Cincinnati Bengals in Super Bowl XXIII

  • FAA Order 5190.6A was published


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FAA Order 5190.6B

Objectives of New Order

  • One stop shopping for compliance guidance, policy, and source documentation.

  • Guidance for FAA personnel.

  • May also be used as a guide by sponsors and aeronautical users. It reflects changes in policy and regulations, precedent from Part 16 decisions, and compliance guidance materials issued since previous Order (1989).

3


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FAA Order 5190.6B

Why?

  • Less reliance on institutional or personal knowledge

  • Greater emphasis on detailed published guidance for “new” FAA employees

  • Make it easier for FAA employees to identify correct answer and provide consistent responses


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5190.A versus 5190.B

  • New ANCA and Part 161 Regulations (1990)

  • NewLaw and Policy on Rates and Charges (1996)

  • NewLaw on Airport Privatization (1996)

  • New Part 16 Regulations (1996)

  • New Law and Policy on Airport Revenue (1999 & 2008)

  • NewLand Use Inspections (1999)

  • MorePart 13.1 Complaint Process Info

  • Part 16 Determinations on website at:

    http://part16.airports.faa.gov

5


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FAA Order 5190.6B

Does NOT create new policy.

Does NOT establish new regulations.

Discusses existing policies, regulations, laws,

and advisory circulars as related to the

Federal Grant Assurances.


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FAA Order 5190.6B

How?

  • Guidance is consolidated into a single document (with better appendix)

  • Includes grant assurance references (revisions through March 2003)

  • Organized by topic in accordance with Grant Assurances

  • PDF document – key word searchable


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5190.A versus 5190.B

Old Order

New Order

  • 23 Chapters

  • 28 Items in Appendix

  • Appendix is “e-based” (searchable) & easier for on line users

  • Includes instructional materials for the “new employee”

  • Improved guidance by referencing letters, documentation, graphs, pictures

  • 8 Chapters

  • 8 Items in Appendix

  • Restrictive on line searches – “paper based”

  • Relies on “paper files” and personal knowledge

  • Limited references, not self-contained


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5190.A versus 5190.B

Compliance Program Guidance

Old Order

New Order

  • See Chapter 5

  • Extensive Guidance

    • Differentiates Part 16 and Part 13.1 processes

    • Extensive Part 13.1 guidance

    • References precedent from Part 16 decisions

  • Minimal compliance program guidance

  • No procedural Part 13.1 guidance

  • Part 16 didn’t exist

  • Lacks precedential support

9


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5190.A versus 5190.B

Good Title and Rights & Powers

Old Order

New Order

  • Chapters 6 & 21

  • Clear explanation of Grant Assurances 4 & 5

  • Expands on discussion of delegation of sponsor obligations within the context of airport management, property transfers, and airport privatization

  • Discusses inter-related nature of grant assurances in one place

  • Limited guidance on ownership interests and management responsibilities

  • Discussion limited to delegation of sponsor obligations and subordination of title

10


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5190.A versus 5190.B

Compatible Land Use, Airspace, & Inspections

Old Order

New Order

  • Minimal guidance on compatible land use

  • Limited to Part 77 protections

  • Lack of definitions

  • No reference guidance (for new employee use)

  • Little guidance on incompatible residential use

  • Compatible Land Use & Airspace Protections, See Chapter 20

  • Provides references to guidance documents and sample letters on noise, obstructions, and other incompatible land uses

  • Includes definitions

  • Residential on-airport hangar homes and through-the-fence residential airparks

11


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5190.A versus 5190.B

Compatible Land Use, Airspace, & Inspections

Old Order

New Order

  • Compliance Inspections, See Chapter 21

  • Explains authority and history for conducting land use inspections

  • Step by step guidance with graphics and pictures

  • Exhibit A and ALP inconsistencies

  • Sample letters

  • Minimal guidance on Land Use Inspections criteria

  • Lacks details and explanations for actual inspection process

12


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5190.A versus 5190.B

Economic Nondiscrimination

Old Order

New Order

  • See Chapters 9, 10, 11, 12, 13, 14 & 18

  • Real discussion of Grant Assurance 22

  • Discusses Grant Assurance 22 within context of similarly situated, Minimum Standards, leases, restrictions, and rates & charges

  • Presented only within context of exclusive rights and availability on fair and reasonable terms

  • Abstract, theoretical approach

13


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5190.A versus 5190.B

Economic Nondiscrimination

Old Order

New Order

  • Fair and Reasonable (rates & charges) expanded

    • Availability of leased space

    • Air carrier access

  • Entire chapters on:

    • Minimum Standards

    • Lease agreements

    • Noise Restrictions

    • Safety & Efficiency

  • Presented only within context of exclusive rights and availability on fair and reasonable terms

  • Abstract, theoretical approach

14


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5190.A versus 5190.B

Rates & Charges and Revenue Use

New Order

Old Order

  • Policies did not exist

  • Limited to:

    • Context of nondiscrimination

    • NEUP/reverter with surplus property

    • Fails to reflect evolution of FAA’s involvement in assessing management agreements and leases

  • See Chapters 15, 16, 17, 18, & 19

  • Includes full legislative history

  • Expands context to include:

    • Defines airport revenue

    • Permitted and prohibited uses

    • Ground access projects

15


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5190.A versus 5190.B

Rates & Charges and Revenue Use

Old Order

New Order

  • Entire Chapters on:

    • Revenue Diversion (consolidated)

    • Resolving Revenue Diversion

    • Self-sustainability

    • Financial Reporting

  • No discussion of financial reports

  • Does not address rate-making methodologies beyond rates and charges

16


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5190.A versus 5190.B

Exclusive Rights

Old Order

New Order

  • See Chapters 8, 11, & 12

  • Chapter 8 has 14 pages fully devoted to this topic that adds:

    • Specifically outlines remedies

    • Identifies its linkage to #22

    • Examples of how to identify Exclusive Rights terms and context in leases

    • Samples we’ve used

  • Under Chapter 3

  • Limited to:

    • Background

    • Policy

    • Qualifications and Standards

      (Total of 5 pages)

17


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5190.A versus 5190.B

Exclusive Rights

Old Order

New Order

  • Chap. 11 Self Service adds:

    • Citations to Orders

    • Exclusive Rights restrictions based on precedent

    • New Fractional Ownership info

  • Chap. 12 Lease Agreements adds:

    • TTF

    • Reasonable access

  • Limited to (cont’d):

    • Single service provider

    • Self-service v. proprietary exclusive

  • General guidance on lease agreements

18


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FAA Order 5190.6B

FAA–2009–0924

Notice published

October 13, 2009

Comments due

March 31, 2010

September 2010


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Airport Compliance Program

COMMENTS?

WWW.REGULATIONS.GOV

FAA DOCKET 2009-0924

QUESTIONS?

[email protected]


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