Notice2021-25936
Airport Compliance Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 3, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68719-68720]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25936]
[[Page 68719]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Airport Compliance Program
AGENCY: Federal Aviation Administration, Department of Transportation.
ACTION: Notice of availability of FAA Order 5190.6B, Change 1, Airport
Compliance Manual.
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This notice announces the availability of revisions to five
chapters of FAA Order 5190.6B, Airport Compliance Manual, originally
issued in September 2009. Order 5190.6B provides guidance to FAA
employees on the implementation of the FAA's airport compliance
program. Under the program, the FAA has the responsibility to assure
airport sponsors comply with certain obligations that arise from FAA
grant agreements and from deeds of property conveyance for airport use.
The FAA is undertaking this update to ensure Order 5190.6B is accurate
and consistent with current law and practice. As FAA updates Order
5190.6B, revised chapters will be available electronically at: <a href="https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/">https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/</a>.
The FAA will identify the date of the update on each page of the
Order.
The updated Order will be identified as FAA Order 5190.6B, Change
1. Each change will be numbered until the entire Order is updated. When
this is complete, the new Order will be 5190.6C.
At this time, the FAA has completed revisions to five chapters. The
revised chapters can be found at: <a href="https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/">https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/</a>.
The updated chapters include: Chapter 1, Scope and Authority;
Chapter 9, Unjust Discrimination between Aeronautical Users; Chapter
10, Reasonable Commercial Minimum Standards; Chapter 11, Self-Service;
and Chapter 23, Reversions of Airport Property. Each of the five
chapters has been updated to remain current with Federal statutes,
correct or update references to regulations, orders or other
authorities, and make editorial changes. The FAA will revise the
remaining chapters in the Order to reflect statutory changes, update or
correct references to authorities, or make editorial changes. The FAA
will provide electronic notice on its website, a summary of the changes
to each chapter, and electronically update the Order.
DATES: Revisions to Chapters 1, 9, 10, 11, and 23 of FAA Order 5190.6
are effective upon the date of publication of this notice. Subsequent
revisions to chapters will be posted electronically at: <a href="https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/">https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/</a>.
FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, Manager,
Airport Compliance Division, ACO-100, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile: (202) 267-4629.
Availability of Documents: FAA Order 5190.6BB, Change 1 is
available on the FAA website at: <a href="https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/">https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/</a>.
You can get an electronic copy of the Order and all other documents
in this docket using the internet by:
(1) Visiting FAA's Regulations and Policies web page: <a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>
--or--
(2) Accessing the Government Printing Office's web page: <a href="http://www.govinfo.gov/index.html">http://www.govinfo.gov/index.html</a>.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Airport Compliance and Management
Analysis, 800 Independence Avenue SW, Washington, DC 20591, or by
calling (202) 267-3085. Make sure to identify the FAA Order number
being requested.
SUPPLEMENTARY INFORMATION:
Background
The FAA administers several grant programs for airports, including
the Airport Improvement Program (AIP), established by the Airport and
Airway Improvement Act of 1982 as amended, 49 U.S.C. 47101 et seq.,
(AAIA).\1\ Section 47107 requires the Secretary of Transportation to
obtain certain assurances from an airport operator as a condition of
receiving a grant under the AIP. The FAA implements this requirement
with a standard set of grant assurances for airport sponsors which can
be viewed on the FAA Airports website at: <a href="https://www.faa.gov/airports/aip/grant_assurances/">https://www.faa.gov/airports/aip/grant_assurances/</a>.
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\1\ FAA also administers CARES, CRSSA and ARPA grants. These new
grant programs are beyond the scope of this guidance. For more
information, see <a href="https://www.faa.gov/airports/airport_rescue_grants/">https://www.faa.gov/airports/airport_rescue_grants/</a>.
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The FAA has issued a series of compliance manuals for the
administration of the AIP and its predecessor grant programs. Order
5190.6, Airport Compliance Requirements, was issued on August 24, 1973.
Order 5190.6 was canceled and replaced by Order 5190.6A, Airport
Compliance Requirements, on October 2, 1989. Order 5190.6A was replaced
by Order 5190.6B on September 30, 2009. Each of these orders
respectively, while in effect, has served as the handbook or manual for
FAA employees responsible for monitoring and enforcing the compliance
of airport sponsors with obligations to the Federal government. Those
obligations most commonly arise from conditions or assurances contained
in agreements with the FAA for grants in aid to airports. In addition
to grant obligations, an airport sponsor may also have Federal
obligations under a deed of property transferred under the Surplus
Property Act of 1944, as amended, 49 U.S.C. 47151-47153, or the Federal
Airports Act of 1946, as amended, 49 U.S.C. 47125, or property acquired
with Federal funds.
Since 2009, there have been changes to the laws and policies
relating to the Federal obligations of airport sponsors and revisions
to the procedures for investigating and resolving complaints that
allege noncompliance. The Office of Airport Compliance and Management
Analysis has worked closely with industry stakeholders since the Order
was last updated in 2009 to gain the best understanding of issues of
concern. Where applicable, the changes in this updated Order reflect
feedback from industry stakeholders. Stakeholders may contact the
Office of Airport Compliance and Management Analysis with additional
concerns so that they may be considered for future updates to the
Order. To incorporate any changes and provide the most useful and
current program guidance to FAA employees, the Office of Airport
Compliance and Management Analysis is undertaking a review of the Order
and will publish updates as the chapter reviews are completed. The
updated FAA Order 5190.6B will be located on the FAA website.
Concurrent with this notice, the FAA has uploaded the first revised
chapters to the Order, referred to as Order 5190.6B, Change 1. These
are: Chapter 1, Scope and Authority; Chapter 9, Unjust Discrimination
between Aeronautical Users; Chapter 10, Reasonable Commercial Minimum
Standards; Chapter 11, Self-Service; and Chapter 23, Reversions of
Airport Property.
The FAA considered comments received to Order 5190.6B and updates
to Chapters 1, 9, 10, 11, and 23 reflect the major issues raised.
Updates to the Order's appendices also are included with this update.
[[Page 68720]]
Summary of Changes to Order 5190.6B
<bullet> After review of public comments and experience since 2009
with using Order 5190.B, the FAA is updating the Order starting with
Chapters 1, 9, 10, 11, and 23 of the Order.
<bullet> Many of these changes are editorial and intended to
clarify language based on suggestions received in public comments or
recommendations from FAA employees.
<bullet> In other cases, the Order has been updated to align with
new or revisions to Federal statutes, regulations, or orders which have
been enacted or revised since 2009.
<bullet> Edits and additions to the revised chapters are intended
to provide accurate and useful guidance on airport compliance policy
for FAA employees and not to adopt significant changes in compliance
policy. A summary of the changes will be posted on the FAA website as
future chapters are revised.
In addition to updating these five chapters listed above, the
agency has revised several of the appendices to Order 5190.6B. The
changes update citations and documents to provide current versions,
delete obsolete references, and include more recent sample documents.
As part of the updates, Appendices E-1, F-3, G-1, and S have been
removed.
Future Updates to Order
The FAA is continuing its review of all chapters of Order 5190.6B
and will publish updates to the Order as it completes each review.
Chapters may be updated individually or in related groups. These
updates will reflect statutory, administrative, or clerical changes. It
is intended that the Order will continue to be updated periodically as
changes in statutes, regulations, or orders occur.
The most current version of the updated chapters will be maintained
at: <a href="https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/">https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/</a>.
Each chapter will contain the date of its most recent update.
Notice of Availability
FAA Order 5190.6B.1, Airport Compliance Manual, with the updated
Chapters 1, 9, 10, 11 and 23, is available at the locations listed in
the ``Availability of Documents'' section of this notice.
Issued in Washington, DC.
Kevin C. Willis,
Director, FAA, Office of Airport Compliance and Management Analysis.
[FR Doc. 2021-25936 Filed 12-2-21; 8:45 am]
BILLING CODE 4910-13-P
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