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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

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
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
faa order 5190 6b
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

faa order 5190 6b4
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
5190 a versus 5190 b
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

faa order 5190 6b6
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.

faa order 5190 6b7
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
5190 a versus 5190 b8
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
5190 a versus 5190 b9
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

5190 a versus 5190 b10
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

5190 a versus 5190 b11
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

5190 a versus 5190 b12
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

5190 a versus 5190 b13
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

5190 a versus 5190 b14
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

5190 a versus 5190 b15
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

5190 a versus 5190 b16
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

5190 a versus 5190 b17
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

5190 a versus 5190 b18
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

faa order 5190 6b19
FAA Order 5190.6B

FAA–2009–0924

Notice published

October 13, 2009

Comments due

March 31, 2010

September 2010

airport compliance program
Airport Compliance Program

COMMENTS?

WWW.REGULATIONS.GOV

FAA DOCKET 2009-0924

QUESTIONS?

[email protected]

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