federal aviation administration airport compliance faa order 5190.6b airport compliance manual an...
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Federal AviationAdministrationAirport 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 5190.6BObjectives 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).
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FAA Order 5190.6B
• 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?
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5190.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:
http://part16.airports.faa.gov
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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
• 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
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5190.A versus 5190.BCompliance Program Guidance
Old Order New Order
• Minimal compliance program guidance
• No procedural Part 13.1 guidance
• Part 16 didn’t 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
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5190.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
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5190.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
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5190.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
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5190.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
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5190.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
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5190.A versus 5190.B
• 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
Old Order New Order
Rates & Charges and Revenue Use
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5190.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
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5190.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 we’ve used
Old Order New Order
Exclusive Rights
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5190.A versus 5190.B
• Limited to (cont’d):
• 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
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FAA Order 5190.6BFAA–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?