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Airport Compliance

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

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  1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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.

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. FAA Order 5190.6B FAA–2009–0924 Notice published October 13, 2009 Comments due March 31, 2010 September 2010

  20. Airport Compliance Program COMMENTS? WWW.REGULATIONS.GOV FAA DOCKET 2009-0924 QUESTIONS? Kevin.Willis@faa.gov

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