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Federal Aviation Administration Airport Compliance FAA Order 5190.6B Airport Compliance Manual An Overview Presented to: Federal Agency Update 2010 By:

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Presentation on theme: "Federal Aviation Administration Airport Compliance FAA Order 5190.6B Airport Compliance Manual An Overview Presented to: Federal Agency Update 2010 By:"— Presentation transcript:

1 Federal Aviation Administration Airport Compliance FAA Order B Airport Compliance Manual An Overview Presented to: Federal Agency Update 2010 By: Kevin Willis, Airport Compliance Date: January 27, 2010

2 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration What Do These Things Have in Common? George H.W. Bush was sworn in as the 41 st 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 A was published

3 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration 3 FAA Order B 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).

4 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration FAA Order B 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 Why?

5 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B New ANCA and Part 161 Regulations (1990) New Law and Policy on Rates and Charges (1996) New Law on Airport Privatization (1996) New Part 16 Regulations (1996) New Law and Policy on Airport Revenue (1999 & 2008) New Land Use Inspections (1999) More Part 13.1 Complaint Process Info Part 16 Determinations on website at:

6 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration FAA Order B 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 B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration 7 FAA Order B 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 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Old Order New Order 8 Chapters 8 Items in Appendix Restrictive on line searches – paper based Relies on paper files and personal knowledge Limited references, not self-contained 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

9 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Compliance Program Guidance Old Order New Order Minimal compliance program guidance No procedural Part 13.1 guidance Part 16 didnt exist Lacks precedential support See Chapter 5 Extensive Guidance Differentiates Part 16 and Part 13.1 processes Extensive Part 13.1 guidance References precedent from Part 16 decisions

10 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Old Order New Order Limited guidance on ownership interests and management responsibilities Discussion limited to delegation of sponsor obligations and subordination of title 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 Good Title and Rights & Powers

11 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B 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 Compatible Land Use, Airspace, & Inspections

12 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Old Order New Order Minimal guidance on Land Use Inspections criteria Lacks details and explanations for actual inspection process 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 Compatible Land Use, Airspace, & Inspections

13 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Presented only within context of exclusive rights and availability on fair and reasonable terms Abstract, theoretical approach 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 Old Order New Order Economic Nondiscrimination

14 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Presented only within context of exclusive rights and availability on fair and reasonable terms Abstract, theoretical approach Fair and Reasonable (rates & charges) expanded Availability of leased space Air carrier access Entire chapters on: Minimum Standards Lease agreements Noise Restrictions Safety & Efficiency Old Order New Order Economic Nondiscrimination

15 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Policies did not exist Limited to: Context of nondiscrimination NEUP/reverter with surplus property Fails to reflect evolution of FAAs 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 Old Order New Order Rates & Charges and Revenue Use

16 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B No discussion of financial reports Does not address rate- making methodologies beyond rates and charges Old Order New Order Rates & Charges and Revenue Use Entire Chapters on: Revenue Diversion (consolidated) Resolving Revenue Diversion Self-sustainability Financial Reporting

17 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Under Chapter 3 Limited to: Background Policy Qualifications and Standards (Total of 5 pages) 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 weve used Old Order New Order Exclusive Rights

18 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration A versus 5190.B Limited to (contd): Single service provider Self-service v. proprietary exclusive General guidance on lease agreements 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 Old Order New Order Exclusive Rights

19 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration FAA Order B FAA–2009–0924 Notice published October 13, 2009 Comments due March 31, 2010 September 2010

20 FAA Order B Airport Compliance Manual Wednesday, January 27, Federal Aviation Administration Airport Compliance Program COMMENTS? FAA DOCKET QUESTIONS?


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