Relator’s Request for Judicial Notice in 

Support of Opposition Motion to Dismiss 

Exhibit “D” 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 1 of 74
ORDER 

5190.6B 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION t 

National Policy 

Effective Date: 

September 30, 2009 

SUBJ: FAA Airport Compliance Manual 

The Airport Compliance Program ensures airport sponsors' compliance with their federal obligations 

in the form of grant assurances, surplus and nonsurplus obligations, or other applicable federal law. 

The Airport Compliance Program is administered by the FAA headquarters Airport Compliance 

Division (ACO-100) based in Washington, DC. 

This handbook provides guidance to FAA personnel on interpreting and administering the various 

continuing commitments airport sponsors make to the U.S. Government when they accept grants of 

federal funds or federal property for airport purposes. The handbook (i) analyzes the various federal 

obligations set forth in legislatively mandated airport sponsor assurances, (ii) addresses the nature of the 

assurances and the application of the assurances in the operation of public use airports, and (iii) 

facilitates interpretation of the assurances by FAA personnel. This manual was designed to provide 

guidance to FAA personnel pertaining to the Federal Aviation Administration (FAA) Airport 

Compliance Program. 

Randall S. Fiertz 

Director 

Airport Compliance and Field Operations Division (ACO-1) 

Distribution: A-W(RP)-1 Initiated By: ACO-1 

ORDER 

5190.6B 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION t 

National Policy 

Effective Date: 

September 30, 2009 

SUBJ: FAA Airport Compliance Manual 

The Airport Compliance Program ensures airport sponsors' compliance with their federal obligations 

in the form of grant assurances, surplus and nonsurplus obligations, or other applicable federal law. 

The Airport Compliance Program is administered by the FAA headquarters Airport Compliance 

Division (ACO-100) based in Washington, DC. 

This handbook provides guidance to FAA personnel on interpreting and administering the various 

continuing commitments airport sponsors make to the U.S. Government when they accept grants of 

federal funds or federal property for airport purposes. The handbook (i) analyzes the various federal 

obligations set forth in legislatively mandated airport sponsor assurances, (ii) addresses the nature of the 

assurances and the application of the assurances in the operation of public use airports, and (iii) 

facilitates interpretation of the assurances by FAA personnel. This manual was designed to provide 

guidance to FAA personnel pertaining to the Federal Aviation Administration (FAA) Airport 

Compliance Program. 

Randall S. Fiertz 

Director 

Airport Compliance and Field Operations Division (ACO-1) 

Distribution: Distribution: A-W(RP)-1 A-W(RP)-1 Initiated Initiated ByBy: : ACO-1 ACO-1 

Effective Date: 

September 30, 2009

National Policy

SUBJ: FAA Airport Compliance Manual 

ORDER

5190.6B

The Airport Compliance Program ensures airport sponsors' compliance with their federal obligations

in the form of grant assurances, surplus and nonsurplus obligations, or other applicable federal law. 

The Airport Compliance Program is administered by the FAA headquarters Airport Compliance

Division (ACO-100) based in Washington, DC. 

This handbook provides guidance to FAA personnel on interpreting and administering the various 

continuing commitments airport sponsors make to the U.S. Government when they accept grants of

federal funds or federal property for airport purposes. The handbook (i) analyzes the various federal 

obligations set forth in legislatively mandated airport sponsor assurances, (ii) addresses the nature of the 

assurances and the application of the assurances in the operation of public use airports, and (iii)

facilitates interpretation of the assurances by FAA personnel. This manual was designed to provide 

guidance to FAA personnel pertaining to the Federal Aviation Administration (FAA) Airport 

Compliance Program. 

Randall S. Fiertz 

Director

Airport Compliance and Field Operations Division (ACO-1)

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 2 of 74
09/30/2009 5190.6B 

Page iii 

Table of Contents 

Part 1: Background 

Chapter 1 - Scope and Authority

1.1. Purpose ..........................................................................................................................................1-1

1.2. Audience .............................................................................................................................. 1-1 

1.3. Where Can I Find this Order? .............................................................................................. 1-1 

1.4. Cancellation of Order 5190.6A ............................................................................................ 1-1

1.5. Introduction ....................................................................................................................................1-1

1.6. Scope...............................................................................................................................................1-1

1.7. Background.....................................................................................................................................1-2

1.8. Compliance Program Background ................................................................................................1-5

1.9. Sources of Airport Sponsor Federal Obligations..........................................................................1-5

1.10. FAA Authority to Administer the Compliance Program...........................................................1-6 

1.11. through 1-14. reserved .................................................................................................................1-7

Chapter 2 - Compliance Program

2.1. Introduction. .................................................................................................................................2-1

2.2. Background...................................................................................................................................2-1

2.3. Determining if an Airport is Federally Obligated.......................................................................2-1

2.4. Objectives of the Compliance Program. ......................................................................................2-2

2.5. Program Elements........................................................................................................................2-3

2.6. Priorities and Emphasis................................................................................................................2-5

2.7. Responsibilities. ...........................................................................................................................2-5

2.8. Analyzing Compliance Status. ....................................................................................................2-6

2.9 Compliance Determinations. .........................................................................................................2-7

2.10. Airport Noncompliance List (ANL) ...........................................................................................2-7

2.11. through 2.15. reserved..................................................................................................................2-9

Part II: Types of Federal Agreements 

Chapter 3 - Federal Obligations From Property Conveyances

3.1. Introduction. .................................................................................................................................3-1

3.2. Background...................................................................................................................................3-2

3.3. The War Assets Administration (WAA).....................................................................................3-2

3.4. Nonairport Property. ....................................................................................................................3-3

3.5. The Use of Property for Revenue Production.............................................................................3-4

3.6. Highest and Best Use and Suitability for Airport Use. ..............................................................3-4 

3.7. Types of Conveyance Instruments for Surplus Property. ..........................................................3-5 

3.8. Sponsor Federal Obligations for Surplus Property.....................................................................3-6

3.9. Duration of Surplus Property Federal Obligations.....................................................................3-7

Page iii 

3-7 

Table of Contents 

Part 1: Background 

Chapter 1 - Scope and Authority 

1.1. Purpose 1-1 

1.2. Audience 1-1 

1.3. Where Can I Find this Order? . 

1.4. Cancellation of Order 5190.6A 

1.5. Introduction 

1-1 

1-1 

1-1 

1.6. Scope 

1.7. Background 

1-1 

1-2 

1.8. Compliance Program Background 

1.9. Sources of Airport Sponsor Federal Obligations 

1.10. FAA Authority to Administer the Compliance Program. 

1-5 

1-5 

1-6 

1.11. through 1-14. reserved 1-7 

Chapter 2 - Compliance Program 

2.1. Introduction. 2-1 

2.2. Background 2-1 

2.3. Determining if an Airport is Federally Obligated 

2.4. Objectives of the Compliance Program 

2.5. Program Elements 

2.6. Priorities and Emphasis 

2.7. Responsibilities 

2.8. Analyzing Compliance Status 

2.9 Compliance Determinations 

2.10. Airport Noncompliance List (ANL) 

2.11. through 2.15. reserved 

2-1 

2-2 

2-3 

2-5 

2-5 

2-6 

2-7 

2-7 

2-9 

Part II: Types of Federal Agreements 

Chapter 3 - Federal Obligations From Property Conveyances 

3.1. Introduction. 3-1 

3.2. Background 3-2 

3.3. The War Assets Administration (WAA) 

3.4. Nonairport Property 

3.5. The Use of Property for Revenue Production 

3.6. Highest and Best Use and Suitability for Airport Use. ... 

3.7. Types of Conveyance Instruments for Surplus Property. 

3.8. Sponsor Federal Obligations for Surplus Property 

3.9. Duration of Surplus Property Federal Obligations 

3-2 

3-3 

3-4 

3-4 

3-5 

3-6 

09/30/2009 5190.6B 

Page iii 

3-7 

Table of Contents 

Part 1: Background 

Chapter 1 - Scope and Authority 

1.1. Purpose 1-1 

1.2. Audience 1-1 

1.3. Where Can I Find this Order? . 

1.4. Cancellation of Order 5190.6A 

1.5. Introduction 

1-1 

1-1 

1-1 

1.6. Scope 

1.7. Background 

1-1 

1-2 

1.8. Compliance Program Background 

1.9. Sources of Airport Sponsor Federal Obligations 

1.10. FAA Authority to Administer the Compliance Program. 

1-5 

1-5 

1-6 

1.11. through 1-14. reserved 1-7 

Chapter 2 - Compliance Program 

2.1. Introduction. 2-1 

2.2. Background 2-1 

2.3. Determining if an Airport is Federally Obligated 

2.4. Objectives of the Compliance Program 

2.5. Program Elements 

2.6. Priorities and Emphasis 

2.7. Responsibilities 

2.8. Analyzing Compliance Status 

2.9 Compliance Determinations 

2.10. Airport Noncompliance List (ANL) 

2.11. through 2.15. reserved 

2-1 

2-2 

2-3 

2-5 

2-5 

2-6 

2-7 

2-7 

2-9 

Part II: Types of Federal Agreements 

Chapter 3 - Federal Obligations From Property Conveyances 

3.1. Introduction. 3-1 

3.2. Background 3-2 

3.3. The War Assets Administration (WAA) 

3.4. Nonairport Property 

3.5. The Use of Property for Revenue Production 

3.6. Highest and Best Use and Suitability for Airport Use. ... 

3.7. Types of Conveyance Instruments for Surplus Property. 

3.8. Sponsor Federal Obligations for Surplus Property 

3.9. Duration of Surplus Property Federal Obligations 

3-2 

3-3 

3-4 

3-4 

3-5 

3-6 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 3 of 74
09/30/2009 5190.6B 

Page iv 

3.10. Airport Sponsor Compliance.......................................................................................................3-7

3.11. Nonsurplus Federal Land Conveyances......................................................................................3-8

3.12. Nonsurplus Land Conveyance Federal Obligations...................................................................3-8 

3.13. Bureau of Land Management .....................................................................................................3-9

3.14. Federal Obligations Imposed by Other Government Agencies.................................................3-9 

3.15. Duration of Nonsurplus Federal Obligations..............................................................................3-9

3.16. Reversion Provisions................................................................................................................. 3-10 

3.17. Airport Sponsor Compliance.................................................................................................... 3-10 

3.18. The AP-4 Land Agreements..................................................................................................... 3-11 

3.19. Base Conversion and Surplus Property.................................................................................... 3-11

3.20. Joint Civilian/Military Use (Joint Use) Airports. .................................................................... 3-12

3.21. Environmental Issues Related to Land Conveyances.............................................................. 3-13 

3.22. through 3.25. reserved............................................................................................................... 3-14 

Chapter 4 - Federal Grant Obligations and Responsibilities

4.1. Introduction. .................................................................................................................................4-1

4.2. Sponsor Federal Obligations Under Various Grant Agreements...............................................4-1 

4.3. The Duration of Federal Grant Obligations................................................................................4-2

4.4. The Useful Life of Grant Funded Projects..................................................................................4-3

4.5. Airport Sponsor Compliance.......................................................................................................4-3

4.6. Federal Obligations under the Basic Grant Assurance Requirements.......................................4-3 

4.7. through 4.10. reserved..................................................................................................................4-8

Part III: Complaint Resolution 

 Chapter 5 - Complaint Resolution

5.1. Introduction. .................................................................................................................................5-1

5.2. Background...................................................................................................................................5-1

5.3. Complaints Handled by Other FAA Offices or Other Federal Agencies..................................5-1 

5.4. Informal Complaints under § 13.1. .............................................................................................5-2

5.5. Process for Resolving Informal Complaints...............................................................................5-3

5.6. Receiving the Complaint. ............................................................................................................5-3

5.7. Coordinating Resolution of the Part 13.1 Informal Complaint..................................................5-4 

5.8. Evaluate the Complaint................................................................................................................5-4

5.9. Attempt to Resolve the Allegation. .............................................................................................5-6

5.10. Dispute Resolution for Part 13.1 Complaints. ............................................................................5-7

5.11. Determinations on Part 13.1 Complaints and Notification to the Parties..................................5-7 

5.12. Dismissing a Part 13.1 Complaint...............................................................................................5-8

5.13. Notice of Apparent Noncompliance............................................................................................5-8

5.14. Follow up and Enforcement Actions...........................................................................................5-8

5.15. Documentation of FAA Regional Airports Division Determination. .......................................5-9 

5.16. Formal Complaint: 14 CFR Part 16. ...........................................................................................5-9

5.17. through 5.20. reserved............................................................................................................... 5-10 

Page iv 

5-10 

3.10. Airport Sponsor Compliance 3-7 

3.11. Nonsurplus Federal Land Conveyances 

3.12. Nonsurplus Land Conveyance Federal Obligations 

3.13. Bureau of Land Management 

3.14. Federal Obligations Imposed by Other Government Agencies. 

3.15. Duration of Nonsurplus Federal Obligations 

3.16. Reversion Provisions 

3.17. Airport Sponsor Compliance 

3.18. The AP-4 Land Agreements 

3.19. Base Conversion and Surplus Property 

3.20. Joint Civilian/Military Use (Joint Use) Airports 

3.21. Environmental Issues Related to Land Conveyances 

3.22. through 3.25. reserved 

3-8 

.3-8 

3-9 

3-9 

3-9 

3-10 

3-10 

3-11 

3-11 

3-12 

3-13 

3-14 

Chapter 4 - Federal Grant Obligations and Responsibilities 

4.1. Introduction 4-1 

4.2. Sponsor Federal Obligations Under Various Grant Agreements 

4.3. The Duration of Federal Grant Obligations 

4.4. The Useful Life of Grant Funded Proj ects 

4.5. Airport Sponsor Compliance 

4.6. Federal Obligations under the Basic Grant Assurance Requirements 

4.7. through 4.10. reserved 

4-1 

4-2 

4-3 

4-3 

4-3 

4-8 

Part III: Complaint Resolution 

Chapter 5 - Complaint Resolution 

5.1. Introduction 5-1 

5.2. Background 

5.3. Complaints Handled by Other FAA Offices or Other Federal Agencies. 

5.4. Informal Complaints under §13.1 

5.5. Process for Resolving Informal Complaints 

5.6. Receiving the Complaint 

5.7. Coordinating Resolution of the Part 13.1 Informal Complaint 

5.8. Evaluate the Complaint 

5.9. Attempt to Resolve the Allegation 

5.10. Dispute Resolution for Part 13.1 Complaints 

5.11. Determinations on Part 13.1 Complaints and Notification to the Parties 

5.12. Dismissing a Part 13.1 Complaint 

5.13. Notice of Apparent Noncompliance 

5.14. Follow up and Enforcement Actions 

5.15. Documentation of FAA Regional Airports Division Determination 

5.16. Formal Complaint: 14 CFRPart 16 

5.17. through 5.20. reserved 

5-1 

5-1 

5-2 

5-3 

5-3 

5-4 

5-4 

5-6 

5-7 

5-7 

5-8 

5-8 

5-8 

5-9 

5-9 

09/30/2009 5190.6B 

Page iv 

5-10 

3.10. Airport Sponsor Compliance 3-7 

3.11. Nonsurplus Federal Land Conveyances 

3.12. Nonsurplus Land Conveyance Federal Obligations 

3.13. Bureau of Land Management 

3.14. Federal Obligations Imposed by Other Government Agencies. 

3.15. Duration of Nonsurplus Federal Obligations 

3.16. Reversion Provisions 

3.17. Airport Sponsor Compliance 

3.18. The AP-4 Land Agreements 

3.19. Base Conversion and Surplus Property 

3.20. Joint Civilian/Military Use (Joint Use) Airports 

3.21. Environmental Issues Related to Land Conveyances 

3.22. through 3.25. reserved 

3-8 

.3-8 

3-9 

3-9 

3-9 

3-10 

3-10 

3-11 

3-11 

3-12 

3-13 

3-14 

Chapter 4 - Federal Grant Obligations and Responsibilities 

4.1. Introduction 4-1 

4.2. Sponsor Federal Obligations Under Various Grant Agreements 

4.3. The Duration of Federal Grant Obligations 

4.4. The Useful Life of Grant Funded Proj ects 

4.5. Airport Sponsor Compliance 

4.6. Federal Obligations under the Basic Grant Assurance Requirements 

4.7. through 4.10. reserved 

4-1 

4-2 

4-3 

4-3 

4-3 

4-8 

Part III: Complaint Resolution 

Chapter 5 - Complaint Resolution 

5.1. Introduction 5-1 

5.2. Background 

5.3. Complaints Handled by Other FAA Offices or Other Federal Agencies. 

5.4. Informal Complaints under §13.1 

5.5. Process for Resolving Informal Complaints 

5.6. Receiving the Complaint 

5.7. Coordinating Resolution of the Part 13.1 Informal Complaint 

5.8. Evaluate the Complaint 

5.9. Attempt to Resolve the Allegation 

5.10. Dispute Resolution for Part 13.1 Complaints 

5.11. Determinations on Part 13.1 Complaints and Notification to the Parties 

5.12. Dismissing a Part 13.1 Complaint 

5.13. Notice of Apparent Noncompliance 

5.14. Follow up and Enforcement Actions 

5.15. Documentation of FAA Regional Airports Division Determination 

5.16. Formal Complaint: 14 CFRPart 16 

5.17. through 5.20. reserved 

5-1 

5-1 

5-2 

5-3 

5-3 

5-4 

5-4 

5-6 

5-7 

5-7 

5-8 

5-8 

5-8 

5-9 

5-9 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 4 of 74
09/30/2009 5190.6B 

Page v 

Part IV: Airports and Aeronautical Users

Chapter 6 - Rights and Powers and Good Title 

6.1. Introduction. .................................................................................................................................6-1

6.2. Airport Governance Structures....................................................................................................6-1

6.3. Controlling Grant Assurances. ....................................................................................................6-1

6.4. Interrelationship of Issues............................................................................................................6-2

6.5. Assignment of Federal Obligations.............................................................................................6-2

6.6. Rights and Powers........................................................................................................................6-2

6.7. Transfer to Another Eligible Recipient. ......................................................................................6-4

6.8. Transfer to the United States Government..................................................................................6-5

6.9. Delegation of Federal Obligations. .............................................................................................6-5

6.10. Subordination of Title..................................................................................................................6-6

6.11. New Sponsor Document Review. ...............................................................................................6-7

6.12. Title and Property Interest. ..........................................................................................................6-8

6.13. Airport Management Agreements............................................................................................ 6-10

6.14. Airport Privatization Pilot Program. ........................................................................................ 6-11

6.15. Privatization Outside of the Airport Privatization Pilot Program........................................... 6-11 

6.16 through 6.20 reserved................................................................................................................. 6-12 

Chapter 7 - Airport Operations 

7.1. Introduction. .................................................................................................................................7-1

7.2. Scope of Airport Maintenance Federal Obligations...................................................................7-1 

7.3. Grant Assurance 19, Operation and Maintenance.....................................................................7-2 

7.4. Maintenance Procedures..............................................................................................................7-2

7.5. Criteria for Satisfactory Compliance with Grant Assurance 19,

 Operation and Maintenance.........................................................................................................7-3

7.6. Airport Pavement Maintenance Requirement. ...........................................................................7-3 

7.7. Major Pavement Repairs..............................................................................................................7-6

7.8. Requirement to Operate the Airport............................................................................................7-6

7.9. Local Rules and Procedures.........................................................................................................7-7

7.10. Operations in Inclement Weather. ..............................................................................................7-8

7.11. Availability of Federally Acquired Airport Equipment. ............................................................7-8

7.12. Part-time Operation of Airport Lighting.....................................................................................7-8

7.13. Hazards and Mitigation. ..............................................................................................................7-9

7.14. Use of Airports by Federal Government Aircraft.................................................................... 7-14 

7.15. Negotiation Regarding Charges. .............................................................................................. 7-15

7.16. Land for Federal Facilities........................................................................................................ 7-16 

7.17. Federal Government Use during a National Emergency or War............................................ 7-16 

7.18. Airport Layout Plan (ALP)....................................................................................................... 7-17 

7.19. Exhibit "A" and Airport Property Map. ................................................................................... 7-18

7.20. Access by Intercity Buses......................................................................................................... 7-19 

7.21. Temporary Closing of an Airport ............................................................................................ 7-19 

7.22. Transportation Security Administration (TSA) Security Requirements. .............................. 7-21 

Page v 

7-21 

Part IV: Airports and Aeronautical Users 

Chapter 6 - Rights and Powers and Good Title 

6.1. Introduction 

6.2. Airport Governance Structures 

6.3. Controlling Grant Assurances 

6.4. Interrelationship of Issues 

6.5. Assignment of Federal Obligations 

6.6. Rights and Powers 

6.7. Transfer to Another Eligible Recipient 

6.8. Transfer to the United States Government. 

6.9. Delegation of Federal Obligations 

6.10. Subordination of Title 

6-1 

6-1 

6-1 

6-2 

6-2 

6-2 

6-4 

6-5 

6-5 

6-6 

6.11. New Sponsor Document Review 

6.12. Title and Property Interest 

6.13. Airport Management Agreements 

6.14. Airport Privatization Pilot Program 

6.15. Privatization Outside of the Airport Privatization Pilot Program 

6-7 

6-8 

6-10 

6-11 

6-11 

6.16 through 6.20 reserved 6-12 

Chapter 7 - Airport Operations 

7.1. Introduction 

7.2. Scope of Airport Maintenance Federal Obligations 

7.3. Grant Assurance 19, Operation and Maintenance 

7.4. Maintenance Procedures 

7.5. Criteria for Satisfactory Compliance with Grant Assurance 19, 

Operation and Maintenance 

7.6. Airport Pavement Maintenance Requirement 

7.7. Maj or Pavement Repairs 

7.8. Requirement to Operate the Airport 

7.9. Local Rules and Procedures 

7.10. Operations in Inclement Weather 

7.11. Availability of Federally Acquired Airport Equipment 

7.12. Part-time Operation of Airport Lighting 

7.13. Hazards and Mitigation 

7.14. Use of Airports by Federal Government Aircraft 

7.15. Negotiation Regarding Charges 

7.16. Land for Federal Facilities 

7-1 

7-1 

7-2 

7-2 

7-3 

7-3 

7-6 

7-6 

7-7 

7-8 

7-8 

7-8 

7-9 

7-14 

7-15 

7-16 

7.17. Federal Government Use during a National Emergency or War. 7-16 

7.18. Airport Layout Plan (ALP) 

7.19. Exhibit "A" and Airport Property Map 

7-17 

7-18 

7.20. Access by Intercity Buses 

7.21. Temporary Closing of an Airport 

7.22. Transportation Security Administration (TSA) Security Requirements. 

7-19 

7-19 

09/30/2009 5190.6B 

Page v 

7-21 

Part IV: Airports and Aeronautical Users 

Chapter 6 - Rights and Powers and Good Title 

6.1. Introduction 

6.2. Airport Governance Structures 

6.3. Controlling Grant Assurances 

6.4. Interrelationship of Issues 

6.5. Assignment of Federal Obligations 

6.6. Rights and Powers 

6.7. Transfer to Another Eligible Recipient 

6.8. Transfer to the United States Government. 

6.9. Delegation of Federal Obligations 

6.10. Subordination of Title 

6-1 

6-1 

6-1 

6-2 

6-2 

6-2 

6-4 

6-5 

6-5 

6-6 

6.11. New Sponsor Document Review 

6.12. Title and Property Interest 

6.13. Airport Management Agreements 

6.14. Airport Privatization Pilot Program 

6.15. Privatization Outside of the Airport Privatization Pilot Program 

6-7 

6-8 

6-10 

6-11 

6-11 

6.16 through 6.20 reserved 6-12 

Chapter 7 - Airport Operations 

7.1. Introduction 

7.2. Scope of Airport Maintenance Federal Obligations 

7.3. Grant Assurance 19, Operation and Maintenance 

7.4. Maintenance Procedures 

7.5. Criteria for Satisfactory Compliance with Grant Assurance 19, 

Operation and Maintenance 

7.6. Airport Pavement Maintenance Requirement 

7.7. Maj or Pavement Repairs 

7.8. Requirement to Operate the Airport 

7.9. Local Rules and Procedures 

7.10. Operations in Inclement Weather 

7.11. Availability of Federally Acquired Airport Equipment 

7.12. Part-time Operation of Airport Lighting 

7.13. Hazards and Mitigation 

7.14. Use of Airports by Federal Government Aircraft 

7.15. Negotiation Regarding Charges 

7.16. Land for Federal Facilities 

7-1 

7-1 

7-2 

7-2 

7-3 

7-3 

7-6 

7-6 

7-7 

7-8 

7-8 

7-8 

7-9 

7-14 

7-15 

7-16 

7.17. Federal Government Use during a National Emergency or War. 7-16 

7.18. Airport Layout Plan (ALP) 

7.19. Exhibit "A" and Airport Property Map 

7-17 

7-18 

7.20. Access by Intercity Buses 

7.21. Temporary Closing of an Airport 

7.22. Transportation Security Administration (TSA) Security Requirements. 

7-19 

7-19 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 5 of 74
09/30/2009 5190.6B 

Page vi 

7.23. through 7.26. reserved............................................................................................................... 7-22 

Chapter 8 - Exclusive Rights

8.1. Introduction. .................................................................................................................................8-1

8.2 Definition of an Exclusive Right 8-1 

8.3. Legislative and Statutory History................................................................................................8-1

8.4. Development of the Exclusive Rights Prohibition into FAA Policy.........................................8-3 

8.5. Aeronautical Operations of the Sponsor. ....................................................................................8-5

8.6. Airports Having a Single Aeronautical Service Provider. .........................................................8-6 

8.7. Denying Requests by Qualified Providers..................................................................................8-6

8.8. Exclusive Rights Violations. .......................................................................................................8-8

8.9 Exceptions to the General Rule ................................................................................................ 8-10 

8.10. UNICOM................................................................................................................................... 8-12 

8.11. Implementation of Policy.................................................................................................. 8-13 

8.12. Military and Special Purpose Airports.............................................................................. 8-13 

8.13. through 8.18. reserved............................................................................................................... 8-14 

Chapter 9 - Unjust Discrimination between Aeronautical Users

9.1. Introduction. .................................................................................................................................9-1

9.2. Rental Fees and Charges: General...............................................................................................9-2

9.3. Types of Charges for Use of Airport Facilities...........................................................................9-4

9.4. Airport Tenant and Concessionaire Charges to Airport Users ..................................................9-4 

9.5. Terms and Conditions Applied to Tenants Offering Aeronautical Services.............................9-5 

9.6. Fixed-Base Operations and Other Aeronautical Services..........................................................9-6 

9.7. Availability of Leased Space.......................................................................................................9-8

9.8. Air Carrier Airport Access........................................................................................................ 9-10 

9.9. Civil Rights................................................................................................................................ 9-10 

9.10. FAA Policy on Granting Preferential Treatment Based on Residency. ................................. 9-10 

9.11. through 9.14. reserved............................................................................................................... 9-11 

Chapter 10 - Reasonable Commercial Minimum Standards 

10.1. Introduction. .............................................................................................................................. 10-1 

10.2. FAA Recognition of Minimum Standards............................................................................... 10-1 

10.3. Use of Minimum Standards to Protect an Exclusive Right. ................................................... 10-2 

10.4. Benefits of Minimum Standards............................................................................................... 10-2

10.5. Developing and Applying Minimum Standards...................................................................... 10-2

10.6. Flying Clubs...................................................................................................................... 10-4 

10.7. through 10.10. reserved............................................................................................................. 10-5

Chapter 11 - Self-Service

11.1. General....................................................................................................................................... 11-1 

11.2. Restrictions on Self-servicing Aircraft..................................................................................... 11-1 

Page vi 

7.23. through 7.26. reserved 7-22 

Chapter 8 - Exclusive Rights 

8.1. Introduction. 8-1 

8.2 Definition of an Exclusive Right 

8.3. Legislative and Statutory History 

8.4. Development of the Exclusive Rights Prohibition into FAA Policy 

8.5. Aeronautical Operations of the Sponsor 

8.6. Airports Having a Single Aeronautical Service Provider 

8.7. Denying Requests by Qualified Providers 

8.8. Exclusive Rights Violations 

8.9 Exceptions to the General Rule 

8-1 

8-1 

8-3 

8-5 

8-6 

8-6 

8-8 

8-10 

8.10. UNICOM 8-12 

8.11. Implementation of Policy 

8.12. Military and Special Purpose Airports 

8-13 

8-13 

8.13. through 8.18. reserved 8-14 

Chapter 9 - Unjust Discrimination between Aeronautical Users 

9.1. Introduction. 9-1 

9.2. Rental Fees and Charges: General 

9.3. Types of Charges for Use of Airport Facilities 

9.4. Airport Tenant and Concessionaire Charges to Airport Users 

9.5. Terms and Conditions Applied to Tenants Offering Aeronautical Services 

9.6. Fixed-Base Operations and Other Aeronautical Services 

9.7. Availability of Leased Space 

9.8. Air Carrier Airport Access 

9-2 

9-4 

9-4 

9-5 

9-6 

9-8 

9-10 

9.9. Civil Rights 9-10 

9.10. FAA Policy on Granting Preferential Treatment Based on Residency 9-10 

9.11. through 9.14. reserved 9-11 

Chapter 10 - Reasonable Commercial Minimum Standards 

10.1. Introduction 

10.2. FAA Recognition of Minimum Standards 

10.3. Use of Minimum Standards to Protect an Exclusive Right. 

10.4. Benefits of Minimum Standards 

10-1 

10-1 

10-2 

10-2 

10.5. Developing and Applying Minimum Standards 10-2 

10.6. Flying Clubs 

10.7. through 10.10. reserved 

10-4 

10-5 

Chapter 11 - Self-Service 

11.1. General 11-1 

11.2. Restrictions on Self-servicing Aircraft. 11-1 

09/30/2009 5190.6B 

Page vi 

7.23. through 7.26. reserved 7-22 

Chapter 8 - Exclusive Rights 

8.1. Introduction. 8-1 

8.2 Definition of an Exclusive Right 

8.3. Legislative and Statutory History 

8.4. Development of the Exclusive Rights Prohibition into FAA Policy 

8.5. Aeronautical Operations of the Sponsor 

8.6. Airports Having a Single Aeronautical Service Provider 

8.7. Denying Requests by Qualified Providers 

8.8. Exclusive Rights Violations 

8.9 Exceptions to the General Rule 

8-1 

8-1 

8-3 

8-5 

8-6 

8-6 

8-8 

8-10 

8.10. UNICOM 8-12 

8.11. Implementation of Policy 

8.12. Military and Special Purpose Airports 

8-13 

8-13 

8.13. through 8.18. reserved 8-14 

Chapter 9 - Unjust Discrimination between Aeronautical Users 

9.1. Introduction. 9-1 

9.2. Rental Fees and Charges: General 

9.3. Types of Charges for Use of Airport Facilities 

9.4. Airport Tenant and Concessionaire Charges to Airport Users 

9.5. Terms and Conditions Applied to Tenants Offering Aeronautical Services 

9.6. Fixed-Base Operations and Other Aeronautical Services 

9.7. Availability of Leased Space 

9.8. Air Carrier Airport Access 

9-2 

9-4 

9-4 

9-5 

9-6 

9-8 

9-10 

9.9. Civil Rights 9-10 

9.10. FAA Policy on Granting Preferential Treatment Based on Residency 9-10 

9.11. through 9.14. reserved 9-11 

Chapter 10 - Reasonable Commercial Minimum Standards 

10.1. Introduction 

10.2. FAA Recognition of Minimum Standards 

10.3. Use of Minimum Standards to Protect an Exclusive Right. 

10.4. Benefits of Minimum Standards 

10-1 

10-1 

10-2 

10-2 

10.5. Developing and Applying Minimum Standards 10-2 

10.6. Flying Clubs 

10.7. through 10.10. reserved 

10-4 

10-5 

Chapter 11 - Self-Service 

11.1. General 11-1 

11.2. Restrictions on Self-servicing Aircraft. 11-1 

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Page vii 

11.3. Permitted Activities................................................................................................................... 11-2 

11.4. Contracting to a Third Party ..................................................................................................... 11-3 

11.5. Restricted Service Activities..................................................................................................... 11-3 

11.6. Reasonable Rules and Regulations. ......................................................................................... 11-3 

11.7 Restrictions Based on Safety and Location ............................................................................ 11-4

11.8. Activities Not Classified as Self-service.................................................................................. 11-5 

11.9. Sponsor Self-service Prerogatives............................................................................................ 11-5 

11.10. Fractional Aircraft Ownership Programs............................................................................... 11-5

11.11. through 11.14. reserved .......................................................................................................... 11-6

Chapter 12 - Review of Aeronautical Lease Agreements

12.1. Introduction. .............................................................................................................................. 12-1 

12.2. Background. .............................................................................................................................. 12-1 

12.3. Review of Agreements.............................................................................................................. 12-2 

12.4. FAA Opinion on Review.......................................................................................................... 12-3 

12.5. Agreements Covering Aeronautical Services to the Public.................................................... 12-4

12.6. Agreements Involving the Entire Airport ................................................................................ 12-5

12.7. Agreements Granting "Through-the-Fence" Access ........................................................ 12-6 

12.8. through 12.12. reserved........................................................................................................... 12-11 

Chapter 13 - Airport Noise and Access Restrictions 

13.1. Introduction and Responsibilities........................................................................................... 13-1 

13.2. Background. ............................................................................................................................ 13-1 

13.3. Overview of the Noise-Related Responsibilities of the Federal Government. .................... 13-3 

13.4 Code of Federal Regulations (CFR) Part 36, Noise Standards for Aircraft Type and 

 Airworthiness Certification.................................................................................................... 13-3 

13.5 The Aircraft Noise Compatibility Planning Program............................................................ 13-5 

13.6. Compliance Review................................................................................................................ 13-7 

13.7. Mandatory Headquarters Review........................................................................................... 13-7 

13.8. Balanced Approach to Noise Mitigation................................................................................ 13-8

13.9. Cumulative Noise Metric...................................................................................................... 13-10 

13.10. General Noise Assessment. .................................................................................................. 13-10 

13.11. Residential Development...................................................................................................... 13-11 

13.12. Impact on Other Airports and Communities ....................................................................... 13-12 

13.13. The Concept of Unjust Discrimination. ............................................................................... 13-12

13.14. Part 161 Restrictions Impacting Stage 2 or Stage 3 Aircraft. ............................................. 13-13 

13.15. Undue Burden on Interstate Commerce............................................................................... 13-15 

13.16. Use of Complaint Data. ........................................................................................................ 13-15 

13.17. Use of Advisory Circular (AC) 36-3.................................................................................... 13-16 

13.18. Integrated Noise Modeling. .................................................................................................. 13-18 

13.19. Future Noise Policy............................................................................................................... 13-19 

13.20. through 13.25 reserved ......................................................................................................... 13-19 

Page vii 

11.3. Permitted Activities 

11.4. Contracting to a Third Party 

11.5. Restricted Service Activities 

11.6. Reasonable Rules and Regulations 

11.7 Restrictions Based on Safety and Location 

11.8. Activities Not Classified as Self-service 

11-2 

11-3 

11-3 

11-3 

11-4 

11-5 

11.9. Sponsor Self-service Prerogatives 

11.10. Fractional Aircraft Ownership Programs 

11-5 

11-5 

11.11. through 11.14. reserved 11-6 

Chapter 12 - Review of Aeronautical Lease Agreements 

12.1. Introduction. 12-1 

12.2. Background. 12-1 

12.3. Review of Agreements 

12.4. FAA Opinion on Review 

12.5. Agreements Covering Aeronautical Services to the Public 

12.6. Agreements Involving the Entire Airport 

12.7. Agreements Granting "Through-the-Fence" Access 

12-2 

12-3 

12-4 

12-5 

12-6 

12.8. through 12.12. reserved 12-11 

Chapter 13 - Airport Noise and Access Restrictions 

13.1. Introduction and Responsibilities 13-1 

13.2. Background. 13-1 

13.3. Overview of the Noise-Related Responsibilities of the Federal Government 

13.4 Code of Federal Regulations (CFR) Part 36, Noise Standards for Aircraft Type and 

Airworthiness Certification 

13-3 

13-3 

13.5 The Aircraft Noise Compatibility Planning Program 

13.6. Compliance Review 

13.7. Mandatory Headquarters Review 

13.8. Balanced Approach to Noise Mitigation 

13.9. Cumulative Noise Metric 

13.10. General Noise Assessment 

13.11. Residential Development 

13.12. Impact on Other Airports and Communities 

13.13. The Concept of Unjust Discrimination 

13.14. Part 161 Restrictions Impacting Stage 2 or Stage 3 Aircraft 

13.15. Undue Burden on Interstate Commerce 

13-5 

13-7 

13-7 

13-8 

13-10 

13-10 

13-11 

13-12 

13-12 

13-13 

13-15 

13-15 

13-16 

13-18 

13-19 

13-19 

13.16. Use of Complaint Data 

13.17. Use of Advisory Circular (AC) 36-3 

13.18. Integrated Noise Modeling 

13.19. Future Noise Policy 

13.20. through 13.25 reserved 

09/30/2009 5190.6B 

Page vii 

11.3. Permitted Activities 

11.4. Contracting to a Third Party 

11.5. Restricted Service Activities 

11.6. Reasonable Rules and Regulations 

11.7 Restrictions Based on Safety and Location 

11.8. Activities Not Classified as Self-service 

11-2 

11-3 

11-3 

11-3 

11-4 

11-5 

11.9. Sponsor Self-service Prerogatives 

11.10. Fractional Aircraft Ownership Programs 

11-5 

11-5 

11.11. through 11.14. reserved 11-6 

Chapter 12 - Review of Aeronautical Lease Agreements 

12.1. Introduction. 12-1 

12.2. Background. 12-1 

12.3. Review of Agreements 

12.4. FAA Opinion on Review 

12.5. Agreements Covering Aeronautical Services to the Public 

12.6. Agreements Involving the Entire Airport 

12.7. Agreements Granting "Through-the-Fence" Access 

12-2 

12-3 

12-4 

12-5 

12-6 

12.8. through 12.12. reserved 12-11 

Chapter 13 - Airport Noise and Access Restrictions 

13.1. Introduction and Responsibilities 13-1 

13.2. Background. 13-1 

13.3. Overview of the Noise-Related Responsibilities of the Federal Government 

13.4 Code of Federal Regulations (CFR) Part 36, Noise Standards for Aircraft Type and 

Airworthiness Certification 

13-3 

13-3 

13.5 The Aircraft Noise Compatibility Planning Program 

13.6. Compliance Review 

13.7. Mandatory Headquarters Review 

13.8. Balanced Approach to Noise Mitigation 

13.9. Cumulative Noise Metric 

13.10. General Noise Assessment 

13.11. Residential Development 

13.12. Impact on Other Airports and Communities 

13.13. The Concept of Unjust Discrimination 

13.14. Part 161 Restrictions Impacting Stage 2 or Stage 3 Aircraft 

13.15. Undue Burden on Interstate Commerce 

13-5 

13-7 

13-7 

13-8 

13-10 

13-10 

13-11 

13-12 

13-12 

13-13 

13-15 

13-15 

13-16 

13-18 

13-19 

13-19 

13.16. Use of Complaint Data 

13.17. Use of Advisory Circular (AC) 36-3 

13.18. Integrated Noise Modeling 

13.19. Future Noise Policy 

13.20. through 13.25 reserved 

09/30/2009 5190.6B 

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Page viii 

Chapter 14 - Restrictions Based on Safety and Efficiency Procedures and Organization 

14.1. Introduction. ............................................................................................................................ 14-1

14.2. Applicable Law. ...................................................................................................................... 14-1 

14.3. Restricting Aeronautical Activities. ....................................................................................... 14-2 

14.4. Minimum Standards and Airport Regulations....................................................................... 14-2 

14.5. Agency Determinations on Safety and Efficiency. ............................................................... 14-4 

14.6. Methodology. .......................................................................................................................... 14-5

14.7. Reasonable Accommodation.................................................................................................. 14-5 

14.8. Restrictions on Touch-and-Go Operations............................................................................ 14-7

14.9. Sport-Pilot Regulations........................................................................................................... 14-7 

14-10. Coordination 14.7 

14.11. through 14.15. Reserved......................................................................................................... 14-8 

Part V: Financial Responsibilities 

Chapter 15 - Permitted and Prohibited Uses of Airport Revenue

15.1. Intoduction............................................................................................................................... 15-1 

15.2. Legislative History.................................................................................................................. 15-1

15.3. Privatization............................................................................................................................. 15-2 

15.4. Grant Assurance...................................................................................................................... 15-2 

15.5. FAA Policy.............................................................................................................................. 15-3 

15.6. Airport Revenue Defined........................................................................................................ 15-3 

15.7. Applicability of Airport Revenue Requirements................................................................... 15-3 

15.8. Federal Financial Assistance. ................................................................................................. 15-4 

15.9. Permitted Uses of Airport Revenue. ...................................................................................... 15-4 

15.10. Grandfathering from Prohibitions on Use of Airport Revenue. ........................................... 15-7 

15.11. Allocation of Indirect Costs.................................................................................................... 15-8 

15.12. Standard for Documentation................................................................................................... 15-8 

15.13. Prohibited Uses of Airport Revenue. ..................................................................................... 15-9 

15.14. through 15.19. reserved ........................................................................................................ 15-11 

Chapter 16 - Resolution of Unlawful Revenue Diversion 

16.1. Background ............................................................................................................................. 16-1 

16.2. FAA Authorization. ................................................................................................................ 16-1 

16.3. Section 47133 and Grant Assurance 25, Airport Revenues. ................................................. 16-3 

16.4. Agency Policy. ........................................................................................................................ 16-3

16.5. Responsibility.......................................................................................................................... 16-4 

16.6. Detection of Airport Revenue Diversion. .............................................................................. 16-4

16.7. Investigation of a Complaint of Unlawful Revenue Diversion. ........................................... 16-5

16.8. Investigation without a Formal Complaint. ........................................................................... 16-6

16.9. Administrative Sanctions........................................................................................................ 16-6

16.10. Civil Penalties and Interest. .................................................................................................... 16-7

Page viii 

Chapter 14 - Restrictions Based on Safety and Efficiency Procedures and Organization 

14.1. Introduction. 14-1 

14.2. Applicable Law. 14-1 

14.3. Restricting Aeronautical Activities 

14.4. Minimum Standards and Airport Regulations 

14.5. Agency Determinations on Safety and Efficiency. 

14-2 

14-2 

14-4 

14.6. Methodology. 14-5 

14.7. Reasonable Accommodation 14-5 

14.8. Restrictions on Touch-and-Go Operations 

14.9. Sport-Pilot Regulations 

14-10. Coordination 

14-7 

14-7 

14.7 

14.11. through 14.15. Reserved 14-8 

Part V: Financial Responsibilities 

Chapter 15 - Permitted and Prohibited Uses of Airport Revenue 

15.1. Intoduction 

15.2. Legislative History 

15.3. Privatization 

15.4. Grant Assurance.... 

15-1 

15-1 

15-2 

15-2 

15.5. FAA Policy 15-3 

15.6. Airport Revenue Defined 

15.7. Applicability of Airport Revenue Requirements 

15.8. Federal Financial Assistance 

15-3 

15-3 

15-4 

15.9. Permitted Uses of Airport Revenue 

15.10. Grandfathering from Prohibitions on Use of Airport Revenue. 

15.11. Allocation of Indirect Costs 

15.12. Standard for Documentation 

15-4 

15-7 

15-8 

15-8 

15.13. Prohibited Uses of Airport Revenue 15-9 

15.14. through 15.19. reserved 15-11 

Chapter 16 - Resolution of Unlawful Revenue Diversion 

16.1. Background 

16.2. FAA Authorization. 

16-1 

16-1 

16.3. Section 47133 and Grant Assurance 25, Airport Revenues 16-3 

16.4. Agency Policy 

16.5. Responsibility. 

16-3 

16-4 

16.6. Detection of Airport Revenue Diversion 

16.7. Investigation of a Complaint of Unlawful Revenue Diversion. 

16.8. Investigation without a Formal Complaint 

16.9. Administrative Sanctions 

16-4 

16-5 

16-6 

16-6 

16.10. Civil Penalties and Interest. 16-7 

09/30/2009 5190.6B 

Page viii 

Chapter 14 - Restrictions Based on Safety and Efficiency Procedures and Organization 

14.1. Introduction. 14-1 

14.2. Applicable Law. 14-1 

14.3. Restricting Aeronautical Activities 

14.4. Minimum Standards and Airport Regulations 

14.5. Agency Determinations on Safety and Efficiency. 

14-2 

14-2 

14-4 

14.6. Methodology. 14-5 

14.7. Reasonable Accommodation 14-5 

14.8. Restrictions on Touch-and-Go Operations 

14.9. Sport-Pilot Regulations 

14-10. Coordination 

14-7 

14-7 

14.7 

14.11. through 14.15. Reserved 14-8 

Part V: Financial Responsibilities 

Chapter 15 - Permitted and Prohibited Uses of Airport Revenue 

15.1. Intoduction 

15.2. Legislative History 

15.3. Privatization 

15.4. Grant Assurance.... 

15-1 

15-1 

15-2 

15-2 

15.5. FAA Policy 15-3 

15.6. Airport Revenue Defined 

15.7. Applicability of Airport Revenue Requirements 

15.8. Federal Financial Assistance 

15-3 

15-3 

15-4 

15.9. Permitted Uses of Airport Revenue 

15.10. Grandfathering from Prohibitions on Use of Airport Revenue. 

15.11. Allocation of Indirect Costs 

15.12. Standard for Documentation 

15-4 

15-7 

15-8 

15-8 

15.13. Prohibited Uses of Airport Revenue 15-9 

15.14. through 15.19. reserved 15-11 

Chapter 16 - Resolution of Unlawful Revenue Diversion 

16.1. Background 

16.2. FAA Authorization. 

16-1 

16-1 

16.3. Section 47133 and Grant Assurance 25, Airport Revenues 16-3 

16.4. Agency Policy 

16.5. Responsibility. 

16-3 

16-4 

16.6. Detection of Airport Revenue Diversion 

16.7. Investigation of a Complaint of Unlawful Revenue Diversion. 

16.8. Investigation without a Formal Complaint 

16.9. Administrative Sanctions 

16-4 

16-5 

16-6 

16-6 

16.10. Civil Penalties and Interest. 16-7 

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Page ix 

16.11. Compliance with Reporting and Audit Requirements. ......................................................... 16-8 

16.12. Statute of Limitations on Enforcement. ................................................................................. 16-8

16.13. through 16.17. reserved. ......................................................................................................... 16-8

Chapter 17 - Self-sustainability 

17.1 Introduction. ............................................................................................................................ 17-1

17.2 Legislative History.................................................................................................................. 17-1

17.3. Applicability............................................................................................................................ 17-2 

17.4. Related FAA Policies.............................................................................................................. 17-2 

17.5. Self-sustaining Principle......................................................................................................... 17-2 

17.6. Airport Circumstances. ........................................................................................................... 17-2

17.7. Long-term Approach............................................................................................................... 17-3

17.8. New Agreements..................................................................................................................... 17-3 

17.9. Revenue Surpluses.................................................................................................................. 17-3 

17.10. Rates Charged for Aeronautical Use..................................................................................... 17-3 

17.11. Nonaeronautical Rates. ........................................................................................................... 17-4

17.12. Fair Market Value. .................................................................................................................. 17-4 

17.13. Exceptions to the Self-sustaining Rule: General. .................................................................. 17-4 

17.14. Property for Community Purposes......................................................................................... 17-4 

17.15. Exception for Community Use............................................................................................... 17-5 

17.16. Exception for Not-for-Profit Aviation Organizations. .......................................................... 17-6 

17.17. Exception for Transit Projects................................................................................................ 17-6 

17.18. Exception for Private Transit Systems................................................................................... 17-6 

17.19. Exception for Military Aeronautical Units. ........................................................................... 17-7

17.20. through 17.24. reserved .......................................................................................................... 17-7

Chapter 18 - Airport Rates and Charges 

18.1. Responsibilities. ...................................................................................................................... 18-1 

18.2. Policy Regarding Airport Rates and Charges........................................................................ 18-1 

18.3. Aeronautical Use and Users. .................................................................................................. 18-2 

18.4. Definitions. .............................................................................................................................. 18-3 

18.5. Principles. ................................................................................................................................ 18-3 

18.6. Local Negotiation and Resolution.......................................................................................... 18-3

18.7. Formal Complaints.................................................................................................................. 18-4 

18.8. Fair and Reasonable................................................................................................................ 18-5 

18.9. Permitted Airfield Costs. ........................................................................................................ 18-6 

18.10. Environmental Costs............................................................................................................... 18-7 

18.11. Noise........................................................................................................................................ 18-7 

18.12. Insurance.................................................................................................................................. 18-7 

18.13. Causation................................................................................................................................. 18-7 

18.14. Facilities under Construction.................................................................................................. 18-7 

18.15. Costs of Another Airport. ....................................................................................................... 18-7 

18.16. Airport System. ....................................................................................................................... 18-8 

18.17. Closed Airport......................................................................................................................... 18-8

Page ix 

18-8 

16.11. Compliance with Reporting and Audit Requirements. 

16.12. Statute of Limitations on Enforcement 

16-8 

16-8 

16.13. through 16.17. reserved. 16-8 

Chapter 17 - Self-sustainability 

17.1 Introduction. 17-1 

17.2 Legislative History.... 

17.3. Applicability 

17.4. Related FAA Policies 

17-1 

17-2 

17-2 

17.5. Self-sustaining Principle 

17.6. Airport Circumstances 

17.7. Long-term Approach 

17.8. New Agreements 

17.9. Revenue Surpluses 

17.10. Rates Charged for Aeronautical Use 

17.11. Nonaeronautical Rates 

17.12. Fair Market Value 

17-2 

17-2 

17-3 

17-3 

17-3 

17-3 

17-4 

17-4 

17.13. Exceptions to the Self-sustaining Rule: General 

17.14. Property for Community Purposes 

17.15. Exception for Community Use 

17.16. Exception for Not-for-Profit Aviation Organizations. 

17.17. Exception for Transit Projects 

17.18. Exception for Private Transit Systems 

17.19. Exception for Military Aeronautical Units 

17-4 

17-4 

17-5 

17-6 

17-6 

17-6 

17-7 

17.20. through 17.24. reserved 17-7 

Chapter 18 - Airport Rates and Charges 

18.1. Responsibilities 

18.2. Policy Regarding Airport Rates and Charges 

18.3. Aeronautical Use and Users 

18.4. Definitions 

18-1 

18-1 

18-2 

18-3 

18.5. Principles. 18-3 

18.6. Local Negotiation and Resolution 

18.7. Formal Complaints 

18.8. Fair and Reasonable 

18-3 

18-4 

18-5 

18.9. Permitted Airfield Costs. 

18.10. Environmental Costs 

18-6 

18-7 

18.11. Noise 18-7 

18.12.Insurance 

18.13. Causation 

18.14. Facilities under Construction 

18-7 

18-7 

18-7 

18.15. Costs of Another Airport. 

18.16. Airport System 

18.17. Closed Airport 

18-7 

18-8 

09/30/2009 5190.6B 

Page ix 

18-8 

16.11. Compliance with Reporting and Audit Requirements. 

16.12. Statute of Limitations on Enforcement 

16-8 

16-8 

16.13. through 16.17. reserved. 16-8 

Chapter 17 - Self-sustainability 

17.1 Introduction. 17-1 

17.2 Legislative History.... 

17.3. Applicability 

17.4. Related FAA Policies 

17-1 

17-2 

17-2 

17.5. Self-sustaining Principle 

17.6. Airport Circumstances 

17.7. Long-term Approach 

17.8. New Agreements 

17.9. Revenue Surpluses 

17.10. Rates Charged for Aeronautical Use 

17.11. Nonaeronautical Rates 

17.12. Fair Market Value 

17-2 

17-2 

17-3 

17-3 

17-3 

17-3 

17-4 

17-4 

17.13. Exceptions to the Self-sustaining Rule: General 

17.14. Property for Community Purposes 

17.15. Exception for Community Use 

17.16. Exception for Not-for-Profit Aviation Organizations. 

17.17. Exception for Transit Projects 

17.18. Exception for Private Transit Systems 

17.19. Exception for Military Aeronautical Units 

17-4 

17-4 

17-5 

17-6 

17-6 

17-6 

17-7 

17.20. through 17.24. reserved 17-7 

Chapter 18 - Airport Rates and Charges 

18.1. Responsibilities 

18.2. Policy Regarding Airport Rates and Charges 

18.3. Aeronautical Use and Users 

18.4. Definitions 

18-1 

18-1 

18-2 

18-3 

18.5. Principles. 18-3 

18.6. Local Negotiation and Resolution 

18.7. Formal Complaints 

18.8. Fair and Reasonable 

18-3 

18-4 

18-5 

18.9. Permitted Airfield Costs. 

18.10. Environmental Costs 

18-6 

18-7 

18.11. Noise 18-7 

18.12.Insurance 

18.13. Causation 

18.14. Facilities under Construction 

18-7 

18-7 

18-7 

18.15. Costs of Another Airport. 

18.16. Airport System 

18.17. Closed Airport 

18-7 

18-8 

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Page x 

18.18. Maintenance of Closed Airport. ............................................................................................. 18-8

18.19. Project Costs............................................................................................................................ 18-9 

18.20. Passenger Facility Charge (PFC) Projects. ............................................................................ 18-9

18.21. Prohibition on Unjust Discrimination. ................................................................................... 18-9 

18.22. Self-sustaining Rate Structure. ............................................................................................. 18-10 

18.23. through 18.28. reserved. ....................................................................................................... 18-10 

Chapter 19 - Airport Financial Reports 

19.1. Introduction. ............................................................................................................................ 19-1

19.2. Legislative History.................................................................................................................. 19-1

19.3. Grant Assurance 26, Reports and Inspections....................................................................... 19-1 

19.4. Applicability............................................................................................................................ 19-2 

19.5. Annual Financial Reports. ...................................................................................................... 19-2 

19.6. Procedures for Evaluating the Airport Owners/Sponsors Financial Reporting Program.... 19-3 

19.7. Single Audit Reports................................................................................................................ 19-3 

19.8. through 19.11 reserved............................................................................................................. 19-4 

Part VI: Land Use 

Chapter 20 - Compatible Land Use and Airspace Protection 

20.1. Background. .............................................................................................................................. 20-1 

20.2. Zoning and Land Use Planning................................................................................................ 20-2 

20.3. Residential Use of Land on or Near Airport Property............................................................. 20-5 

20.4. Residential Airparks Adjacent to Federally Obligated Airports............................................. 20-6 

20.5. Residential Development on Federally Obligated Airports.................................................... 20-8 

20.6. through 20.10. reserved........................................................................................................... 20-11 

Chapter 21 - Land Use Compliance Inspection 

21.1. Introduction. .............................................................................................................................. 21-1 

21.2. Background. .............................................................................................................................. 21-1 

21.3. Elements of the Land Use Inspection....................................................................................... 21-1 

21.4. Responsibilities. ........................................................................................................................ 21-1 

21.5. Authority.................................................................................................................................... 21-1 

21.6. Land Use Inspection Guidance................................................................................................. 21-2 

21.7. Sample Correspondence. ........................................................................................................ 21-12 

21.8. through 21.12. reserved........................................................................................................... 21-12 

Part VII: Releases and Property Reversions 

Chapter 22 - Releases from Federal Obligations 

22.1. Introduction. ............................................................................................................................ 22-1

22.2. Definition................................................................................................................................. 22-1 

Page x 

22-1 

18.18. Maintenance of Closed Airport 

18.19. Project Costs 

18.20. Passenger Facility Charge (PFC) Projects. 

18.21. Prohibition on Unjust Discrimination 

18.22. Self-sustaining Rate Structure 

18-8 

18-9 

18-9 

18-9 

18-10 

18.23. through 18.28. reserved. 18-10 

Chapter 19 - Airport Financial Reports 

19.1. Introduction. 19-1 

19.2. Legislative History 

19.3. Grant Assurance 26, Reports and Inspections. 

19-1 

19-1 

19.4. Applicability 19-2 

19.5. Annual Financial Reports. 

19.6. Procedures for Evaluating the Airport Owners/Sponsors Financial Reporting Program.... 19-3 

19-2 

19.7. Single Audit Reports... 

19.8. through 19.11 reserved 

19-3 

19-4 

Part VI: Land Use 

Chapter 20 - Compatible Land Use and Airspace Protection 

20.1. Background. 20-1 

20.2. Zoning and Land Use Planning 

20.3. Residential Use of Land on or Near Airport Property 

20.4. Residential Airparks Adjacent to Federally Obligated Airports 

20.5. Residential Development on Federally Obligated Airports 

20.6. through 20.10. reserved 

20-2 

20-5 

20-6 

20-8 

20-11 

Chapter 21 - Land Use Compliance Inspection 

21.1. Introduction. 21-1 

21.2. Background. 21-1 

21.3. Elements of the Land Use Inspection 

21.4. Responsibilities 

21-1 

21-1 

21.5. Authority 21-1 

21.6. Land Use Inspection Guidance 

21.7. Sample Correspondence 

21-2 

21-12 

21.8. through 21.12. reserved 21-12 

Part VII: Releases and Property Reversions 

Chapter 22 - Releases from Federal Obligations 

22.1. Introduction. 

22.2. Definition.... 

22-1 

09/30/2009 5190.6B 

Page x 

22-1 

18.18. Maintenance of Closed Airport 

18.19. Project Costs 

18.20. Passenger Facility Charge (PFC) Projects. 

18.21. Prohibition on Unjust Discrimination 

18.22. Self-sustaining Rate Structure 

18-8 

18-9 

18-9 

18-9 

18-10 

18.23. through 18.28. reserved. 18-10 

Chapter 19 - Airport Financial Reports 

19.1. Introduction. 19-1 

19.2. Legislative History 

19.3. Grant Assurance 26, Reports and Inspections. 

19-1 

19-1 

19.4. Applicability 19-2 

19.5. Annual Financial Reports. 

19.6. Procedures for Evaluating the Airport Owners/Sponsors Financial Reporting Program.... 19-3 

19-2 

19.7. Single Audit Reports... 

19.8. through 19.11 reserved 

19-3 

19-4 

Part VI: Land Use 

Chapter 20 - Compatible Land Use and Airspace Protection 

20.1. Background. 20-1 

20.2. Zoning and Land Use Planning 

20.3. Residential Use of Land on or Near Airport Property 

20.4. Residential Airparks Adjacent to Federally Obligated Airports 

20.5. Residential Development on Federally Obligated Airports 

20.6. through 20.10. reserved 

20-2 

20-5 

20-6 

20-8 

20-11 

Chapter 21 - Land Use Compliance Inspection 

21.1. Introduction. 21-1 

21.2. Background. 21-1 

21.3. Elements of the Land Use Inspection 

21.4. Responsibilities 

21-1 

21-1 

21.5. Authority 21-1 

21.6. Land Use Inspection Guidance 

21.7. Sample Correspondence 

21-2 

21-12 

21.8. through 21.12. reserved 21-12 

Part VII: Releases and Property Reversions 

Chapter 22 - Releases from Federal Obligations 

22.1. Introduction. 

22.2. Definition.... 

22-1 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 10 of 74
09/30/2009 5190.6B 

Page xi 

22.3. Duration and Authority........................................................................................................... 22-2

22.4 FAA Consideration of Releases. ............................................................................................ 22-2 

22.5 Request for Concurrent use of Aeronautical Property for Other Uses................................. 22-3 

22.6. Release for Interim Use of Aeronautical Property for Other Uses....................................... 22-5 

22.7. Release of Federal Maintenance Obligation.......................................................................... 22-5

22.8. Industrial Use Changes. .......................................................................................................... 22-6

22.9. Release of National Emergency Use Provision (NEUP). ..................................................... 22-6 

22.10. Release from Federal Obligation to Furnish Space or Land without Charge. ................... 22-7 

22.11. Release of Reverter Clause..................................................................................................... 22-7 

22.12. Exclusive Rights Federal Obligations cannot be Released without Release and Disposal 

 of the Parcel or Closure of Airport. ........................................................................................ 22-8 

22.13. Federal Obligations Imposed with the Airport Layout Plan and Exhibit "A". .................... 22-8

22.14. Procedures for Operational Releases or Requests for Change in Use.................................. 22-8 

22.15. Release of Federal Obligations in Regard to Personal Property, Structures, 

and Facilities........................................................................................................................... 22-8 

22.16. All Disposals of Real Airport Property................................................................................ 22-10 

22.17. Release of Federal Obligations in Regard to Real Property Acquired as 

 Federal Surplus Property....................................................................................................... 22-11 

22.18. Release of Federal Obligations in Regard to Real Property Acquired with

 Federal Grant Assistance ...................................................................................................... 22-14 

22.19. Effect of Not Receiving or Receiving a Grant after December 30, 1987........................... 22-15 

22.20. Release of Entire Airport...................................................................................................... 22-16 

22.21. Procedures for the Application, Consideration, and Resolution of Release Requests. ..... 22-17 

22.22. General Documentation Procedures..................................................................................... 22-17

22.23. Airport Sponsor Request for Release................................................................................... 22-17 

22.24. Content of Written Requests for Release............................................................................. 22-17

22.25. Content of Request for Written Release for Disposal. ........................................................ 22-18 

22.26. Exhibits to the Written Request for Release........................................................................ 22-19

22.27. FAA Evaluation of Sponsor Requests. ................................................................................ 22-20

22.28. FAA Determination on Sponsor Requests........................................................................... 22-20 

22.29. FAA Completion of Action on Sponsor Requests. ............................................................. 22-21 

22.30. FAA Denial of Release or Modification.............................................................................. 22-21

22.31. Procedures for Public Notice for a Change in Use of Aeronautical Property.................... 22-22 

22.32. FAA Consent by Letter of Intent to Release -- Basis for Use............................................. 22-23 

22.33. The Environmental Implications of Releases...................................................................... 22-23 

22.34. through 22.37. reserved. ....................................................................................................... 22-24 

Chapter 23 - Reversions of Airport Property 

23.1. Introduction. ............................................................................................................................ 23-1

23.2. General..................................................................................................................................... 23-1 

23.3. Right of Reverter..................................................................................................................... 23-1 

23.4. Authority to Exercise Reverter............................................................................................... 23-1 

23.5. Instruments of Conveyance. ................................................................................................... 23-2 

23.6. Reconveyances........................................................................................................................ 23-3 

23.7. Involuntary Reversion............................................................................................................. 23-3 

Page xi 

22.3. Durati on and Authority 

22.4 FAA Consideration of Releases 

22.5 Request for Concurrent use of Aeronautical Property for Other Uses 

22.6. Release for Interim Use of Aeronautical Property for Other Uses 

22.7. Release of Federal Maintenance Obligation 

22.8. Industrial Use Changes 

22.9. Release of National Emergency Use Provision (NEUP) 

22.10. Release from Federal Obligation to Furnish Space or Land without Charge 

22.11. Release of Reverter Clause 

22.12. Exclusive Rights Federal Obligations cannot be Released without Release and Disposal 

of the Parcel or Closure of Airport 

22.13. Federal Obligations Imposed with the Airport Layout Plan and Exhibit "A" 

22.14. Procedures for Operational Releases or Requests for Change in Use 

22.15. Release of Federal Obligations in Regard to Personal Property, Structures, 

and Facilities 

22-2 

22-2 

22-3 

22-5 

22-5 

22-6 

22-6 

22-7 

22-7 

22-8 

22-8 

22-8 

22-8 

22.16. All Disposals of Real Airport Property 22-10 

22.17. Release of Federal Obligations in Regard to Real Property Acquired as 

Federal Surplus Property 

22.18. Release of Federal Obligations in Regard to Real Property Acquired with 

Federal Grant Assistance 

22-11 

22-14 

22-15 

22-16 

22-17 

22-17 

22-17 

22-17 

22-18 

22-19 

22-20 

22-20 

22-21 

22-21 

22-22 

22-23 

22-23 

22-24 

22.19. Effect of Not Receiving or Receiving a Grant after December 30, 1987 

22.20. Release of Entire Airport 

22.21. Procedures for the Application, Consideration, and Resolution of Release Requests. 

22.22. General Documentation Procedures 

22.23. Airport Sponsor Request for Release 

22.24. Content of Written Requests for Release 

22.25. Content of Request for Written Release for Disposal 

22.26. Exhibits to the Written Request for Release 

22.27. FAA Evaluation of Sponsor Requests 

22.28. FAA Determination on Sponsor Requests 

22.29. FAA Completion of Action on Sponsor Requests 

22.30. FAA Denial of Release or Modification 

22.31. Procedures for Public Notice for a Change in Use of Aeronautical Property 

22.32. FAA Consent by Letter of Intent to Release -- Basis for Use 

22.33. The Environmental Implications of Releases 

22.34. through 22.37. reserved. 

Chapter 23 - Reversions of Airport Property 

23.1. Introduction. 

23.2. General 

23-1 

23-1 

23.3. Right of Reverter. 23-1 

23.4. Authority to Exerci se Reverter. 

23.5. Instruments of Conveyance 

23.6. Reconveyances 

23.7. Involuntary Reversion 

23-1 

23-2 

23-3 

23-3 

09/30/2009 5190.6B 

Page xi 

22.3. Durati on and Authority 

22.4 FAA Consideration of Releases 

22.5 Request for Concurrent use of Aeronautical Property for Other Uses 

22.6. Release for Interim Use of Aeronautical Property for Other Uses 

22.7. Release of Federal Maintenance Obligation 

22.8. Industrial Use Changes 

22.9. Release of National Emergency Use Provision (NEUP) 

22.10. Release from Federal Obligation to Furnish Space or Land without Charge 

22.11. Release of Reverter Clause 

22.12. Exclusive Rights Federal Obligations cannot be Released without Release and Disposal 

of the Parcel or Closure of Airport 

22.13. Federal Obligations Imposed with the Airport Layout Plan and Exhibit "A" 

22.14. Procedures for Operational Releases or Requests for Change in Use 

22.15. Release of Federal Obligations in Regard to Personal Property, Structures, 

and Facilities 

22-2 

22-2 

22-3 

22-5 

22-5 

22-6 

22-6 

22-7 

22-7 

22-8 

22-8 

22-8 

22-8 

22.16. All Disposals of Real Airport Property 22-10 

22.17. Release of Federal Obligations in Regard to Real Property Acquired as 

Federal Surplus Property 

22.18. Release of Federal Obligations in Regard to Real Property Acquired with 

Federal Grant Assistance 

22-11 

22-14 

22-15 

22-16 

22-17 

22-17 

22-17 

22-17 

22-18 

22-19 

22-20 

22-20 

22-21 

22-21 

22-22 

22-23 

22-23 

22-24 

22.19. Effect of Not Receiving or Receiving a Grant after December 30, 1987 

22.20. Release of Entire Airport 

22.21. Procedures for the Application, Consideration, and Resolution of Release Requests. 

22.22. General Documentation Procedures 

22.23. Airport Sponsor Request for Release 

22.24. Content of Written Requests for Release 

22.25. Content of Request for Written Release for Disposal 

22.26. Exhibits to the Written Request for Release 

22.27. FAA Evaluation of Sponsor Requests 

22.28. FAA Determination on Sponsor Requests 

22.29. FAA Completion of Action on Sponsor Requests 

22.30. FAA Denial of Release or Modification 

22.31. Procedures for Public Notice for a Change in Use of Aeronautical Property 

22.32. FAA Consent by Letter of Intent to Release -- Basis for Use 

22.33. The Environmental Implications of Releases 

22.34. through 22.37. reserved. 

Chapter 23 - Reversions of Airport Property 

23.1. Introduction. 

23.2. General 

23-1 

23-1 

23.3. Right of Reverter. 23-1 

23.4. Authority to Exerci se Reverter. 

23.5. Instruments of Conveyance 

23.6. Reconveyances 

23.7. Involuntary Reversion 

23-1 

23-2 

23-3 

23-3 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 11 of 74
09/30/2009 5190.6B 

Page xii 

23.8. Reversioner Federal Agency. ................................................................................................. 23-3 

23.9. Determination of Default........................................................................................................ 23-3 

23.10. Notice of Intent to Exercise the Right of Reverter. ............................................................... 23-4 

23.11. Voluntary Reconveyance to Correct a Default...................................................................... 23-4 

23.12. Voluntary Reconveyance Documentation. ............................................................................ 23-5 

23.13. Notice of Reverter of Property and Revestment of Title and Property 

Interest in the U.S................................................................................................................... 23-5 

23.14. Recording Notice of Reversion of Property and Revestment of Title 

in the United States. ............................................................................................................... 23-6 

23.15. Certificate of Inspection and Possession................................................................................ 23-6 

23.16. Possession, Posting or Marking of Property.......................................................................... 23-6

23.17. Reversion Case Studies................................................................................................... 23-6 

23.18. through 23.21. reserved. ......................................................................................................... 23-7

Page xii 

23.8. Reversioner F ederal Agency 

23.9. Determination of Default 

23.10. Notice of Intent to Exercise the Right of Reverter 

23.11. Voluntary Reconveyance to Correct a Default 

23.12. Voluntary Reconveyance Documentation 

23.13. Notice of Reverter of Property and Revestment of Title and Property 

Interest in the U.S 

23.14. Recording Notice of Reversion of Property and Revestment of Title 

in the United States 

23.15. Certificate of Inspection and Possession 

23.16. Possession, Posting or Marking of Property 

23.17. Reversion Case Studies 

23-3 

23-3 

23-4 

23-4 

23-5 

23-5 

23-6 

23-6 

23-6 

23-6 

23.18. through 23.21. reserved. 23-7 

09/30/2009 5190.6B 

Page xii 

23.8. Reversioner F ederal Agency 

23.9. Determination of Default 

23.10. Notice of Intent to Exercise the Right of Reverter 

23.11. Voluntary Reconveyance to Correct a Default 

23.12. Voluntary Reconveyance Documentation 

23.13. Notice of Reverter of Property and Revestment of Title and Property 

Interest in the U.S 

23.14. Recording Notice of Reversion of Property and Revestment of Title 

in the United States 

23.15. Certificate of Inspection and Possession 

23.16. Possession, Posting or Marking of Property 

23.17. Reversion Case Studies 

23-3 

23-3 

23-4 

23-4 

23-5 

23-5 

23-6 

23-6 

23-6 

23-6 

23.18. through 23.21. reserved. 23-7 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 12 of 74
09/30/2009 5190.6B 

Page xiii 

Appendices 

Appendix A - Airport Sponsors Assurances...........................................................................................1 

Appendix B - Reserved..........................................................................................................................17 

Appendix C - Advisory Circulars on Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities .....................................................................................................19 

Appendix D - Policy Regarding Airport Rates and Charges ..............................................................47 

Appendix E - Policies and Procedures Concerning the Use of Airport Revenue ...............................61 

Appendix E-1 - Factors Affecting Award of Airport Improvement Program (AIP) Discretionary

 Grants...........................................................................................................................85 

Appendix F - 14 CFR Parts 13 and 16 ..................................................................................................87 

Appendix F-1 - Part 16 Decisions (Case Files)...................................................................................103 

Appendix F-2 - Reserved.....................................................................................................................104 

Appendix F-3 - Sample Part 16 Corrective Action Acceptance ........................................................105 

Appendix G - Formal Compliance Inspection....................................................................................109

Appendix G-1 - Sample Airport Noncomplaince List (ANL) .......................................................... 131 

Appendix H - Sample Audit Information............................................................................................133 

Appendix I - SPA Reg. 16 ...................................................................................................................135 

Appendix J - DoD Base Realignment and Closure (BRAC) .............................................................139 

Appendix J-1 - Airport Joint Use Agreement for Military Use of Civilian Airfields ................143 

Appendix K - Part 155—Release of Airport Property from Surplus Property 

Disposal Restrictions..................................................................................................163 

Appendix L - Reserved ........................................................................................................................169 

Appendix M - Reserved .......................................................................................................................171 

Appendix N - Reserved........................................................................................................................173 

Page xiii 

Appendices 

Appendix A - Airport Sponsors Assurances 1 

Appendix B - Reserved 17 

Appendix C - Advisory Circulars on Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities 19 

Appendix D - Policy Regarding Airport Rates and Charges 47 

Appendix E - Policies and Procedures Concerning the Use of Airport Revenue 61 

Appendix E-1 - Factors Affecting Award of Airport Improvement Program (AIP) Discretionary 

Grants 85 

Appendix F - 14 CFR Parts 13 and 16 87 

Appendix F-1 - Part 16 Decisions (Case Files) 103 

Appendix F-2 - Reserved 104 

Appendix F-3 - Sample Part 16 Corrective Action Acceptance 105 

Appendix G - Formal Compliance Inspection 109 

Appendix G-1 - Sample Airport Noncomplaince List (ANL) 131 

Appendix H - Sample Audit Information 133 

Appendix I - SPA Reg. 16 135 

Appendix J - DoD Base Realignment and Closure (BRAC) 139 

Appendix J-1 - Airport Joint Use Agreement for Military Use of Civilian Airfields 143 

Appendix K - Part 155—Release of Airport Property from Surplus Property 

Disposal Restrictions 163 

Appendix L - Reserved 169 

Appendix M - Reserved 171 

Appendix N - Reserved 173 

09/30/2009 5190.6B 

Page xiii 

Appendices 

Appendix A - Airport Sponsors Assurances 1 

Appendix B - Reserved 17 

Appendix C - Advisory Circulars on Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities 19 

Appendix D - Policy Regarding Airport Rates and Charges 47 

Appendix E - Policies and Procedures Concerning the Use of Airport Revenue 61 

Appendix E-1 - Factors Affecting Award of Airport Improvement Program (AIP) Discretionary 

Grants 85 

Appendix F - 14 CFR Parts 13 and 16 87 

Appendix F-1 - Part 16 Decisions (Case Files) 103 

Appendix F-2 - Reserved 104 

Appendix F-3 - Sample Part 16 Corrective Action Acceptance 105 

Appendix G - Formal Compliance Inspection 109 

Appendix G-1 - Sample Airport Noncomplaince List (ANL) 131 

Appendix H - Sample Audit Information 133 

Appendix I - SPA Reg. 16 135 

Appendix J - DoD Base Realignment and Closure (BRAC) 139 

Appendix J-1 - Airport Joint Use Agreement for Military Use of Civilian Airfields 143 

Appendix K - Part 155—Release of Airport Property from Surplus Property 

Disposal Restrictions 163 

Appendix L - Reserved 169 

Appendix M - Reserved 171 

Appendix N - Reserved 173 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 13 of 74
09/30/2009 5190.6B 

Page xiv 

Appendix O - Sample Minimum Standards for Commercial Aeronautical Activities .....................175 

Appendix P - Sample Airport Rules and Regulations ........................................................................203 

Appendix Q - Reserved........................................................................................................................221 

Appendix R - Airport Layout Plan (ALP)...........................................................................................223 

Appendix S - FAA Weight-Based Restrictions at Airports ...............................................................251 

Appendix T - Sample FAA Letter on Replacement Airport..............................................................255 

Appendix U - Sample Joint-Use Agreement ......................................................................................259

Appendix V - Sample Deed of Conveyance.......................................................................................263

Appendix W - Reserved.......................................................................................................................277 

Appendix X - 14 CFR Part 161 ...........................................................................................................279 

Appendix Y - Reserved........................................................................................................................311 

Appendix Z - Definitions and Acronyms ...............................................................................313 

References

Index

Page xiv 

Appendix O - Sample Minimum Standards for Commercial Aeronautical Activities 175 

Appendix P - Sample Airport Rules and Regulations 203 

Appendix Q - Reserved 221 

Appendix R - Airport Layout Plan (ALP) 223 

Appendix S - FAA Weight-Based Restrictions at Airports 251 

Appendix T - Sample FAA Letter on Replacement Airport 255 

Appendix U - Sample Joint-Use Agreement 259 

Appendix V - Sample Deed of Conveyance 263 

Appendix W - Reserved 277 

Appendix X - 14 CFR Part 161 279 

Appendix Y - Reserved 311 

Appendix Z - Definitions and Acronyms 313 

References 

Index 

09/30/2009 5190.6B 

Page xiv 

Appendix O - Sample Minimum Standards for Commercial Aeronautical Activities 175 

Appendix P - Sample Airport Rules and Regulations 203 

Appendix Q - Reserved 221 

Appendix R - Airport Layout Plan (ALP) 223 

Appendix S - FAA Weight-Based Restrictions at Airports 251 

Appendix T - Sample FAA Letter on Replacement Airport 255 

Appendix U - Sample Joint-Use Agreement 259 

Appendix V - Sample Deed of Conveyance 263 

Appendix W - Reserved 277 

Appendix X - 14 CFR Part 161 279 

Appendix Y - Reserved 311 

Appendix Z - Definitions and Acronyms 313 

References 

Index 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 14 of 74
09/30/2009 5190.6B 

Page 1-1 

Chapter 1. Scope and Authority 

1.1 Purpose. This Order sets forth policies and procedures for the FAA Airport Compliance

Program. The Order is not regulatory and is not controlling with regard to airport sponsor 

conduct; rather, it establishes the policies and procedures for FAA personnel to follow in 

carrying out the FAA’s responsibilities for ensuring airport compliance. It provides basic 

guidance for FAA personnel in interpreting and administering the various continuing 

commitments airport owners make to the United States as a condition for the grant of federal 

funds or the conveyance of federal property for airport purposes. The Order, inter alia, analyzes

the various obligations set forth in the standard airport sponsor assurances, addresses the 

application of the assurances in the operation of public-use airports, and facilitates interpretation

of the assurances by FAA personnel. 

1.2. Audience. FAA personnel having responsibility for monitoring airport sponsor compliance 

with the sponsor’s federal obligations.

1.3. Where Can I Find This Order? The Order will be available on the FAA web site. 

1.4. Cancellation. This Order cancels FAA Order 5190.6A, dated October 2, 1989. 

1.5. Introduction. This chapter discusses the scope of the Order, the sources of sponsor1

 federal

obligations, and the Federal Aviation Administration’s (FAA) authority to administer the Airport

Compliance Program within the FAA Office of Airports (ARP). The FAA Airport Compliance 

Program is contractually based; it does not attempt to control or direct the operation of airports. 

Rather, the program is designed to monitor and enforce obligations agreed to by airport sponsors 

in exchange for valuable benefits and rights granted by the United States in return for substantial 

direct grants of funds and for conveyances of federal property for airport purposes. The Airport 

Compliance Program is designed to protect the public interest in civil aviation. Grants and 

property conveyances are made in exchange for binding commitments (federal obligations) 

designed to ensure that the public interest in civil aviation will be served. The FAA bears the

important responsibility of seeing that these commitments are met. This Order addresses the 

types of these commitments, how they apply to airports, and what FAA personnel are required to 

do to enforce them. 

1.6. Scope. This Order provides guidance, policy, and procedures for conducting a 

comprehensive and effective FAA Airport Compliance Program to monitor and ensure airport 

sponsor compliance with the applicable federal obligations assumed in the acceptance of airport 

development assistance. 

Page 1-1 

Chapter 1. Scope and Authority 

1.1 Purpose. This Order sets forth policies and procedures for the FAA Airport Compliance 

Program. The Order is not regulatory and is not controlling with regard to airport sponsor 

conduct; rather, it establishes the policies and procedures for FAA personnel to follow in 

carrying out the FAA's responsibilities for ensuring airport compliance. It provides basic 

guidance for FAA personnel in interpreting and administering the various continuing 

commitments airport owners make to the United States as a condition for the grant of federal 

funds or the conveyance of federal property for airport purposes. The Order, inter alia, analyzes 

the various obligations set forth in the standard airport sponsor assurances, addresses the 

application of the assurances in the operation of public-use airports, and facilitates interpretation 

of the assurances by FAA personnel. 

1.2. Audience. FAA personnel having responsibility for monitoring airport sponsor compliance 

with the sponsor's federal obligations. 

1.3. Where Can I Find This Order? The Order will be available on the FAA web site. 

1.4. Cancellation. This Order cancels FAA Order 5190.6A, dated October 2, 1989. 

1.5. Introduction. This chapter discusses the scope of the Order, the sources of sponsor1 federal 

obligations, and the Federal Aviation Administration's (FAA) authority to administer the Airport 

Compliance Program within the FAA Office of Airports (ARP). The FAA Airport Compliance 

Program is contractually based; it does not attempt to control or direct the operation of airports. 

Rather, the program is designed to monitor and enforce obligations agreed to by airport sponsors 

in exchange for valuable benefits and rights granted by the United States in return for substantial 

direct grants of funds and for conveyances of federal property for airport purposes. The Airport 

Compliance Program is designed to protect the public interest in civil aviation. Grants and 

property conveyances are made in exchange for binding commitments (federal obligations) 

designed to ensure that the public interest in civil aviation will be served. The FAA bears the 

important responsibility of seeing that these commitments are met. This Order addresses the 

types of these commitments, how they apply to airports, and what FAA personnel are required to 

do to enforce them. 

1.6. Scope. This Order provides guidance, policy, and procedures for conducting a 

comprehensive and effective FAA Airport Compliance Program to monitor and ensure airport 

sponsor compliance with the applicable federal obligations assumed in the acceptance of airport 

development assistance. 

A sponsor is any public agency or private owner of a public use airport, as defined in the Airport and Airway 

Improvement Act of 1982 (AAIA), codified at 49 U.S.C. § 47102(24). 

09/30/2009 5190.6B 

Page 1-1 

Chapter 1. Scope and Authority 

1.1 Purpose. This Order sets forth policies and procedures for the FAA Airport Compliance 

Program. The Order is not regulatory and is not controlling with regard to airport sponsor 

conduct; rather, it establishes the policies and procedures for FAA personnel to follow in 

carrying out the FAA's responsibilities for ensuring airport compliance. It provides basic 

guidance for FAA personnel in interpreting and administering the various continuing 

commitments airport owners make to the United States as a condition for the grant of federal 

funds or the conveyance of federal property for airport purposes. The Order, inter alia, analyzes 

the various obligations set forth in the standard airport sponsor assurances, addresses the 

application of the assurances in the operation of public-use airports, and facilitates interpretation 

of the assurances by FAA personnel. 

1.2. Audience. FAA personnel having responsibility for monitoring airport sponsor compliance 

with the sponsor's federal obligations. 

1.3. Where Can I Find This Order? The Order will be available on the FAA web site. 

1.4. Cancellation. This Order cancels FAA Order 5190.6A, dated October 2, 1989. 

1.5. Introduction. This chapter discusses the scope of the Order, the sources of sponsor1 federal 

obligations, and the Federal Aviation Administration's (FAA) authority to administer the Airport 

Compliance Program within the FAA Office of Airports (ARP). The FAA Airport Compliance 

Program is contractually based; it does not attempt to control or direct the operation of airports. 

Rather, the program is designed to monitor and enforce obligations agreed to by airport sponsors 

in exchange for valuable benefits and rights granted by the United States in return for substantial 

direct grants of funds and for conveyances of federal property for airport purposes. The Airport 

Compliance Program is designed to protect the public interest in civil aviation. Grants and 

property conveyances are made in exchange for binding commitments (federal obligations) 

designed to ensure that the public interest in civil aviation will be served. The FAA bears the 

important responsibility of seeing that these commitments are met. This Order addresses the 

types of these commitments, how they apply to airports, and what FAA personnel are required to 

do to enforce them. 

1.6. Scope. This Order provides guidance, policy, and procedures for conducting a 

comprehensive and effective FAA Airport Compliance Program to monitor and ensure airport 

sponsor compliance with the applicable federal obligations assumed in the acceptance of airport 

development assistance. 

A sponsor is any public agency or private owner of a public use airport, as defined in the Airport and Airway 

Improvement Act of 1982 (AAIA), codified at 49 U.S.C. § 47102(24). 

09/30/2009 5190.6B 

1

 A sponsor is any public agency or private owner of a public use airport, as defined in the Airport and Airway

Improvement Act of 1982 (AAIA), codified at 49 U.S.C. § 47102(24).

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 15 of 74
09/30/2009 5190.6B 

Page 1-2 

Grants and property 

conveyances are made in 

exchange for binding 

commitments (federal 

obligations) designed to ensure 

the public interest in civil 

aviation will be served. 

1.7. Background. The Air Commerce Act

of 1926 was the cornerstone of the federal 

government's regulation of civil aviation. 

This landmark legislation was passed at the 

urging of the aviation industry, whose 

leaders believed that aviation could not 

reach its full commercial potential without 

federal action to improve and maintain 

safety standards. The Air Commerce Act 

charged the Secretary of Commerce with

fostering air commerce, issuing and

enforcing air traffic rules, licensing pilots, 

certificating aircraft, establishing airways,

and operating and maintaining aids to air 

navigation. A new Aeronautics Branch of 

the Department of Commerce assumed 

primary responsibility for aviation oversight.

In 1938, the Civil Aeronautics Act transferred the federal civil aviation responsibilities from the 

Commerce Department to a new independent agency, the Civil Aeronautics Authority. The 

legislation also expanded the government’s role by giving the Civil Aeronautics Authority the 

power to regulate airline fares and to determine the routes that air carriers would serve. In 1940, 

President Franklin Roosevelt split the Civil Aeronautics Authority into two agencies, the Civil 

Aeronautics Administration (CAA) and the Civil Aeronautics Board (CAB). The CAA was

responsible for air traffic control (ATC), airman and aircraft certification, safety enforcement,

and airway development. The CAB was entrusted with safety rulemaking, accident

investigation, and economic regulation of the airlines. Both organizations were part of the 

Department of Commerce. Unlike the CAA, however, the CAB functioned independent of the 

Secretary of Commerce. On the eve of America's entry into World War II, CAA began to extend 

its ATC responsibilities to takeoff and landing operations at airports. This expanded role

eventually became permanent after the war. The application of radar to ATC helped controllers

keep abreast of the postwar boom in commercial air transportation.

In the Federal Airport Act of 1946 (1946 Airport Act), Congress gave CAA the added task of 

administering the Federal Aid to Airports Program (FAAP), the first peacetime program of 

Page 1-2 

Grants and property 

conveyances are made in 

exchange for binding 

commitments (federal 

obligations) designed to ensure 

the public interest in civil 

aviation will be served. 

1.7. Background. The Air Commerce Act 

of 1926 was the cornerstone of the federal 

government's regulation of civil aviation. 

This landmark legislation was passed at the 

urging of the aviation industry, whose 

leaders believed that aviation could not 

reach its full commercial potential without 

federal action to improve and maintain 

safety standards. The Air Commerce Act 

charged the Secretary of Commerce with 

fostering air commerce, issuing and 

enforcing air traffic rules, licensing pilots, 

certificating aircraft, establishing airways, 

and operating and maintaining aids to air 

navigation. A new Aeronautics Branch of 

the Department of Commerce assumed 

primary responsibility for aviation oversight. 

The Federal Aviation Act of 1958 (FAA Act) 

transferred the Civil Aeronautics Administration's 

(CAA) functions to a new independent body, the 

Federal Aviation Agency, which had broader 

authority to address aviation safety. The FAA Act 

took safety rulemaking from the Civil Aeronautics 

Board (CAB) and entrusted it to the new Federal 

Aviation Agency. It also gave the Federal Aviation 

Agency sole responsibility for developing and 

maintaining a common civil-military system of air 

navigation and air traffic control. Seen here, Edward 

R. Quesada, the first Administrator of the Federal 

Aviation Agency, is sworn in by Chief Justice Earl 

Warren and President Dwight Eisenhower. (Photo: 

FAA) 

In 1938, the Civil Aeronautics Act transferred the federal civil aviation responsibilities from the 

Commerce Department to a new independent agency, the Civil Aeronautics Authority. The 

legislation also expanded the government's role by giving the Civil Aeronautics Authority the 

power to regulate airline fares and to determine the routes that air carriers would serve. In 1940, 

President Franklin Roosevelt split the Civil Aeronautics Authority into two agencies, the Civil 

Aeronautics Administration (CAA) and the Civil Aeronautics Board (CAB). The CAA was 

responsible for air traffic control (ATC), airman and aircraft certification, safety enforcement, 

and airway development. The CAB was entrusted with safety rulemaking, accident 

investigation, and economic regulation of the airlines. Both organizations were part of the 

Department of Commerce. Unlike the CAA, however, the CAB functioned independent of the 

Secretary of Commerce. On the eve of America's entry into World War II, CAA began to extend 

its ATC responsibilities to takeoff and landing operations at airports. This expanded role 

eventually became permanent after the war. The application of radar to ATC helped controllers 

keep abreast of the postwar boom in commercial air transportation. 

In the Federal Airport Act of 1946 (1946 Airport Act), Congress gave CAA the added task of 

administering the Federal Aid to Airports Program (FAAP), the first peacetime program of 

09/30/2009 5190.6B 

Page 1-2 

Grants and property 

conveyances are made in 

exchange for binding 

commitments (federal 

obligations) designed to ensure 

the public interest in civil 

aviation will be served. 

1.7. Background. The Air Commerce Act 

of 1926 was the cornerstone of the federal 

government's regulation of civil aviation. 

This landmark legislation was passed at the 

urging of the aviation industry, whose 

leaders believed that aviation could not 

reach its full commercial potential without 

federal action to improve and maintain 

safety standards. The Air Commerce Act 

charged the Secretary of Commerce with 

fostering air commerce, issuing and 

enforcing air traffic rules, licensing pilots, 

certificating aircraft, establishing airways, 

and operating and maintaining aids to air 

navigation. A new Aeronautics Branch of 

the Department of Commerce assumed 

primary responsibility for aviation oversight. 

The Federal Aviation Act of 1958 (FAA Act) 

transferred the Civil Aeronautics Administration's 

(CAA) functions to a new independent body, the 

Federal Aviation Agency, which had broader 

authority to address aviation safety. The FAA Act 

took safety rulemaking from the Civil Aeronautics 

Board (CAB) and entrusted it to the new Federal 

Aviation Agency. It also gave the Federal Aviation 

Agency sole responsibility for developing and 

maintaining a common civil-military system of air 

navigation and air traffic control. Seen here, Edward 

R. Quesada, the first Administrator of the Federal 

Aviation Agency, is sworn in by Chief Justice Earl 

Warren and President Dwight Eisenhower. (Photo: 

FAA) 

In 1938, the Civil Aeronautics Act transferred the federal civil aviation responsibilities from the 

Commerce Department to a new independent agency, the Civil Aeronautics Authority. The 

legislation also expanded the government's role by giving the Civil Aeronautics Authority the 

power to regulate airline fares and to determine the routes that air carriers would serve. In 1940, 

President Franklin Roosevelt split the Civil Aeronautics Authority into two agencies, the Civil 

Aeronautics Administration (CAA) and the Civil Aeronautics Board (CAB). The CAA was 

responsible for air traffic control (ATC), airman and aircraft certification, safety enforcement, 

and airway development. The CAB was entrusted with safety rulemaking, accident 

investigation, and economic regulation of the airlines. Both organizations were part of the 

Department of Commerce. Unlike the CAA, however, the CAB functioned independent of the 

Secretary of Commerce. On the eve of America's entry into World War II, CAA began to extend 

its ATC responsibilities to takeoff and landing operations at airports. This expanded role 

eventually became permanent after the war. The application of radar to ATC helped controllers 

keep abreast of the postwar boom in commercial air transportation. 

In the Federal Airport Act of 1946 (1946 Airport Act), Congress gave CAA the added task of 

administering the Federal Aid to Airports Program (FAAP), the first peacetime program of 

09/30/2009 5190.6B 

The Federal Aviation Act of 1958 (FAA Act) 

transferred the Civil Aeronautics Administration’s 

(CAA) functions to a new independent body, the 

Federal Aviation Agency, which had broader 

authority to address aviation safety. The FAA Act 

took safety rulemaking from the Civil Aeronautics 

Board (CAB) and entrusted it to the new Federal 

Aviation Agency. It also gave the Federal Aviation 

Agency sole responsibility for developing and 

maintaining a common civil-military system of air 

navigation and air traffic control. Seen here, Edward 

R. Quesada, the first Administrator of the Federal 

Aviation Agency, is sworn in by Chief Justice Earl 

Warren and President Dwight Eisenhower. (Photo: 

FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 16 of 74
09/30/2009 5190.6B 

Page 1-3 

financial assistance aimed exclusively at promoting development of the nation's civil airports. 

The approaching introduction of jet airliners and a series of midair collisions spurred passage of 

the Federal Aviation Act of 1958 (FAA Act). This legislation transferred CAA's functions to a 

new independent body, the Federal Aviation Agency, which had broader authority to address 

aviation safety. The FAA Act removed safety rulemaking from the CAB and entrusted it to the

new Federal Aviation Agency. It also gave the Federal Aviation Agency sole responsibility for

developing and maintaining a common civil-military system of air navigation and air traffic 

control, a responsibility CAA had shared with others.

In 1966, Congress authorized the creation of a cabinet department that would combine federal 

transportation responsibilities for all public modes of transportation. This new Department of 

Transportation (DOT) began full operations on April l, 1967. On that day, the Federal Aviation 

Agency became one of several modal organizations within DOT and received a new name, the

Federal Aviation Administration (FAA). At the same time, CAB's accident investigation

function was transferred to the new National Transportation Safety Board (NTSB). 

The FAA has gradually assumed responsibilities not originally contemplated by the FAA Act. 

For example, the hijacking epidemic of the 1960s brought the agency into the field of aviation 

security. That function was later transferred to the Transportation Security Administration 

(TSA) in 2001. In 1968, Congress vested in the FAA Administrator the power to prescribe 

aircraft noise standards. The Airport and Airway Development Act of 1970 (1970 Airport Act) 

placed the agency in charge of a new airport aid program funded by a special aviation trust fund. 

The 1970 Airport Act also made FAA responsible for safety certification of airports served by air 

carriers. In 1982, Congress enacted the current grant statute, the Airport and Airway 

Improvement Act (AAIA), which established the Airport Improvement Program (AIP). FAA's

mission expanded again in 1995 with the transfer of the Office of Commercial Space 

Transportation from the Office of the Secretary to FAA. 

The airport system envisioned in the first National Airport Plan, issued in 1946, has been 

developed and nurtured by close cooperation between federal, state, and local agencies. The 

general principles guiding federal involvement2

have remained largely unchanged for the 

National Plan of Integrated Airport Systems (NPIAS); the airport system should have the 

following attributes to meet the demand for air transportation:

x Airports should be safe and efficient, located at optimum sites, and be developed and 

maintained to appropriate standards. 

x Airports should be operated efficiently both for aeronautical users and the government, 

relying primarily on user fees and placing minimal burden on the general revenues of the 

local, state, and federal governments. 

x Airports should be flexible and expandable, able to meet increased demand and 

accommodate new aircraft types. 

Page 1-3 

Extracted from the Report to Congress, National Plan of Integrated Airport Systems (NPIAS) (2009-2013). 

2 

financial assistance aimed exclusively at promoting development of the nation's civil airports. 

The approaching introduction of jet airliners and a series of midair collisions spurred passage of 

the Federal Aviation Act of 1958 (FAA Act). This legislation transferred CAA's functions to a 

new independent body, the Federal Aviation Agency, which had broader authority to address 

aviation safety. The FAA Act removed safety rulemaking from the CAB and entrusted it to the 

new Federal Aviation Agency. It also gave the Federal Aviation Agency sole responsibility for 

developing and maintaining a common civil-military system of air navigation and air traffic 

control, a responsibility CAA had shared with others. 

In 1966, Congress authorized the creation of a cabinet department that would combine federal 

transportation responsibilities for all public modes of transportation. This new Department of 

Transportation (DOT) began full operations on April l, 1967. On that day, the Federal Aviation 

Agency became one of several modal organizations within DOT and received a new name, the 

Federal Aviation Administration (FAA). At the same time, CAB's accident investigation 

function was transferred to the new National Transportation Safety Board (NTSB). 

The FAA has gradually assumed responsibilities not originally contemplated by the FAA Act. 

For example, the hijacking epidemic of the 1960s brought the agency into the field of aviation 

security. That function was later transferred to the Transportation Security Administration 

(TSA) in 2001. In 1968, Congress vested in the FAA Administrator the power to prescribe 

aircraft noise standards. The Airport and Airway Development Act of 1970 (1970 Airport Act) 

placed the agency in charge of a new airport aid program funded by a special aviation trust fund. 

The 1970 Airport Act also made FAA responsible for safety certification of airports served by air 

carriers. In 1982, Congress enacted the current grant statute, the Airport and Airway 

Improvement Act (AAIA), which established the Airport Improvement Program (AIP). FAA's 

mission expanded again in 1995 with the transfer of the Office of Commercial Space 

Transportation from the Office of the Secretary to FAA. 

The airport system envisioned in the first National Airport Plan, issued in 1946, has been 

developed and nurtured by close cooperation between federal, state, and local agencies. The 

2 

general principles guiding federal involvement have remained largely unchanged for the 

National Plan of Integrated Airport Systems (NPIAS); the airport system should have the 

following attributes to meet the demand for air transportation: 

• Airports should be safe and efficient, located at optimum sites, and be developed and 

maintained to appropriate standards. 

• Airports should be operated efficiently both for aeronautical users and the government, 

relying primarily on user fees and placing minimal burden on the general revenues of the 

local, state, and federal governments. 

• Airports should be flexible and expandable, able to meet increased demand and 

accommodate new aircraft types. 

09/30/2009 5190.6B 

Page 1-3 

Extracted from the Report to Congress, National Plan of Integrated Airport Systems (NPIAS) (2009-2013). 

2 

financial assistance aimed exclusively at promoting development of the nation's civil airports. 

The approaching introduction of jet airliners and a series of midair collisions spurred passage of 

the Federal Aviation Act of 1958 (FAA Act). This legislation transferred CAA's functions to a 

new independent body, the Federal Aviation Agency, which had broader authority to address 

aviation safety. The FAA Act removed safety rulemaking from the CAB and entrusted it to the 

new Federal Aviation Agency. It also gave the Federal Aviation Agency sole responsibility for 

developing and maintaining a common civil-military system of air navigation and air traffic 

control, a responsibility CAA had shared with others. 

In 1966, Congress authorized the creation of a cabinet department that would combine federal 

transportation responsibilities for all public modes of transportation. This new Department of 

Transportation (DOT) began full operations on April l, 1967. On that day, the Federal Aviation 

Agency became one of several modal organizations within DOT and received a new name, the 

Federal Aviation Administration (FAA). At the same time, CAB's accident investigation 

function was transferred to the new National Transportation Safety Board (NTSB). 

The FAA has gradually assumed responsibilities not originally contemplated by the FAA Act. 

For example, the hijacking epidemic of the 1960s brought the agency into the field of aviation 

security. That function was later transferred to the Transportation Security Administration 

(TSA) in 2001. In 1968, Congress vested in the FAA Administrator the power to prescribe 

aircraft noise standards. The Airport and Airway Development Act of 1970 (1970 Airport Act) 

placed the agency in charge of a new airport aid program funded by a special aviation trust fund. 

The 1970 Airport Act also made FAA responsible for safety certification of airports served by air 

carriers. In 1982, Congress enacted the current grant statute, the Airport and Airway 

Improvement Act (AAIA), which established the Airport Improvement Program (AIP). FAA's 

mission expanded again in 1995 with the transfer of the Office of Commercial Space 

Transportation from the Office of the Secretary to FAA. 

The airport system envisioned in the first National Airport Plan, issued in 1946, has been 

developed and nurtured by close cooperation between federal, state, and local agencies. The 

2 

general principles guiding federal involvement have remained largely unchanged for the 

National Plan of Integrated Airport Systems (NPIAS); the airport system should have the 

following attributes to meet the demand for air transportation: 

• Airports should be safe and efficient, located at optimum sites, and be developed and 

maintained to appropriate standards. 

• Airports should be operated efficiently both for aeronautical users and the government, 

relying primarily on user fees and placing minimal burden on the general revenues of the 

local, state, and federal governments. 

• Airports should be flexible and expandable, able to meet increased demand and 

accommodate new aircraft types. 

09/30/2009 5190.6B 

2

 Extracted from the Report to Congress, National Plan of Integrated Airport Systems (NPIAS) (2009-2013). 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 17 of 74
09/30/2009 5190.6B 

Page 1-4 

x Airports should be permanent, 

with assurance that they will 

remain open for aeronautical 

use over the long term. 

x Airports should be compatible

with surrounding 

communities, maintaining a

balance between the needs of 

aviation and the requirements 

of residents in neighboring 

areas.

x Airports should be developed 

in concert with improvements 

to the air traffic control 

system. 

x The airport system should 

support national objectives for 

defense, emergency readiness, 

and postal delivery. 

x The airport system should be 

extensive, providing as many 

people as possible with 

convenient access to air 

transportation, typically not 

more than 20 miles of travel 

to the nearest NPIAS airport. 

Airports should be 

permanent with assurance 

that they will remain open 

for aeronautical use over 

the long term. 

x The airport system should 

help air transportation

contribute to a productive 

national economy and 

international competitiveness. 

Page 1 -4 

• Airports should be permanent, 

with assurance that they will 

remain open for aeronautical 

use over the long term. 

Number of Airports by Ownership and Use 

(January 2004) 

19.576 

Total U.S. Airports 

• Airports should be compatible 

surrounding 

communities, maintaining a 

balance between the needs of 

aviation and the requirements 

of residents in neighboring 

areas. 

5,280 14.296 

Open to Public Closed to Pubftc 

with 

4.177 1.103 

Public Owned Private ly Owned 

3.388 

NPIAS Airports 

3.344 Existing 

3.233 Public Owned 

111 Private Owned 

44 Proposed 

• Airports should be developed 

in concert with improvements 

to the air traffic control 

system. 

Primary Primary 

Commercial 

Service 

Commercial 

Service 

278 

Reliever Reliever 

• The airport system should 

support national objectives for 

defense, emergency readiness, 

and postal delivery. 

2.556 

General 

Aviation 

General 

Aviation 

The table shown above depicts the extent of the country's 

airport system. The graphic below depicts the number and 

types of airports in the NPIAS for one particular state, 

Georgia. (Graphics: FAA) 

| j li'i/no:: . f 

• The airport system should be 

extensive, providing as many 

people as possible with 

convenient access to air 

transportation, typically not 

more than 20 miles of travel 

to the nearest NPIAS airport. 

;V(M Cmlimt 

1 ' v 

9*vit 

f -bp*. 

„„,U, -j . 

1 

y I V,, 

A A 

t 

""Hi, 

Airports should be 

permanent with assurance 

that they will remain open 

for aeronautical use over 

the long term. 

tXTM. SS" ** ISSt » , j*t>: i 

M* ' Ew-

^ I . • 

4«, r 

AftibmuP V-i 

Mm 

' T'4rt£r* ** ~ 

'

r

'x~riL as 

Atlantic (kim 

• £2 ' -

. +. • The airport system should 

help air transportation 

contribute to a productive 

national economy and 

international competitiveness. 

NPIAS Airports 

Primary 

A 03rmwci.1l SttVW 

/ • Reliever 

j 9 General Avjitn 1/—T j, J-Hpridil\ f irtw 

09/30/2009 5190.6B 

Page 1 -A 

• Airports should be permanent, 

with assurance that they will 

remain open for aeronautical 

use over the long term. 

Number of Airports by Ownership and Use 

(January 2004) 

] 19.576 

Totat U.S. Airports 

• Airports should be compatible 

surrounding 

communities, maintaining a 

balance between the needs of 

aviation and the requirements 

of residents in neighboring 

areas. 

5,280 14.296 

Open to Public Closed to Pubftc 

with 

4.177 1.103 

Public Owned Private ly Owned 

3.386 

NPIAS Airports 

3.344 Existing 

3.233 Public Owned 

111 Private Owned 

44 Proposed 

• Airports should be developed 

in concert with improvements 

to the air traffic control 

system. 

Primary Primary 

Commercial 

Service 

Commercial 

Service 

278 Reliever Reliever 

• The airport system should 

support national objectives for 

defense, emergency readiness, 

and postal delivery. 

2.556 

General 

Aviation 

General 

Aviation 

The table shown above depicts the extent of the country's 

airport system. The graphic below depicts the number and 

types of airports in the NPIAS for one particular state, 

Georgia. (Graphics: FAA) 

I ' TS; *• •/ . \ 

m 'mmM• \ 

'_&•.InVT"3"-

r 

* • \ 

• The airport system should be 

extensive, providing as many 

people as possible with 

convenient access to air 

transportation, typically not 

more than 20 miles of travel 

to the nearest NPIAS airport. 

Airports should be 

permanent with assurance 

that they will remain open 

for aeronautical use over 

the long term 

t»Mbk 

L~\ Mm?' w 

PtMS®!# -~7 

T ^ zzvi, '• 7 

x Atlantic (kim 

• The airport system should 

help air transportation 

contribute to a productive 

national economy and 

international competitiveness. 

NPIAS Airports 

^ Priraapf 

' A Commercial SeMee 

f * Reliever 

• General Avaiwn j 

I \Wtt4 '7 

•I'. h 

irilos miiy 

09/30/2009 5190.6B 

The table shown above depicts the extent of the country’s 

airport system. The graphic below depicts the number and 

types of airports in the NPIAS for one particular state, 

Georgia. (Graphics: FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 18 of 74
09/30/2009 5190.6B 

Page 1-5 

 In addition to these principles specific to airport development, a guiding principle for federal 

infrastructure investment, as stated in Executive Order 12893, Principles for Federal 

Infrastructure Investments (January 26, 1994), is that such investments must be cost beneficial, 

i.e., must have a positive ratio of benefits to costs. The FAA implements these principles using 

program guidance to ensure the effective use of federal aid.

A national priority system guides the distribution of funds. Information used to establish the 

priority is supplemented by specific requirements for additional analysis or justification. For 

example, the airport sponsor must prepare a benefit-cost analysis for airport capacity 

development projects to be funded under the Airport Improvement Program (AIP). 

The extent of the country’s airport system, both at the national level and at the state level, is 

illustrated to the right. 

1.8. Compliance Program Background. The Civil Aeronautics Act of 1938, as amended, and 

the FAA Act, as amended, charge the FAA Administrator with broad responsibilities for the

regulation of air commerce in the interests of safety and national defense and for the 

development of civil aeronautics. Under these broad powers, FAA was tasked with promoting

air commerce while seeking to achieve safety and efficiency of the total airspace system through 

direct regulation of airmen, aircraft, navigable airspace, and airport operations. The federal 

interest in advancing civil aviation has been augmented by various legislative actions that 

authorize programs for granting property, funds, and other assistance to local communities to 

develop airport facilities. 

In each program, the airport sponsor assumes certain federal obligations, either by contract or by

restrictive covenants in property deeds, to maintain and operate its airport facilities safely and

efficiently and in accordance with specified conditions. Commitments assumed by airport 

sponsors in deeds or grant agreements have been generally successful in maintaining a high 

degree of safety and efficiency in airport design, construction, operation, and maintenance. The 

FAA Airport Compliance Program establishes the policy and guidelines for monitoring the 

compliance of airport sponsors with their obligations to the United States and for ensuring that 

airports serve the needs of civil aviation. 

The federal obligations a sponsor assumes in accepting 

FAA administered airport development assistance are 

mandated by federal statute. 

1.9. Sources of Airport Sponsor Federal Obligations. The federal obligations a sponsor 

assumes in accepting FAA administered airport development assistance are mandated by federal 

statute and incorporated in the grant agreements and property conveyance instruments entered 

into by the sponsor and the United States Government, including: 

a. Grant agreements issued under the various FAA-administered airport development grant 

programs through the years. These include, but are not limited to, the Federal Aid to Airports 

Program (FAAP), the Airport Development Aid Program (ADAP), and the Airport Improvement

Page 1-5 

In addition to these principles specific to airport development, a guiding principle for federal 

infrastructure investment, as stated in Executive Order 12893, Principles for Federal 

Infrastructure Investments (January 26, 1994), is that such investments must be cost beneficial, 

i.e., must have a positive ratio of benefits to costs. The FAA implements these principles using 

program guidance to ensure the effective use of federal aid. 

A national priority system guides the distribution of funds. Information used to establish the 

priority is supplemented by specific requirements for additional analysis or justification. For 

example, the airport sponsor must prepare a benefit-cost analysis for airport capacity 

development projects to be funded under the Airport Improvement Program (AIP). 

The extent of the country's airport system, both at the national level and at the state level, is 

illustrated to the right. 

1.8. Compliance Program Background. The Civil Aeronautics Act of 1938, as amended, and 

the FAA Act, as amended, charge the FAA Administrator with broad responsibilities for the 

regulation of air commerce in the interests of safety and national defense and for the 

development of civil aeronautics. Under these broad powers, FAA was tasked with promoting 

air commerce while seeking to achieve safety and efficiency of the total airspace system through 

direct regulation of airmen, aircraft, navigable airspace, and airport operations. The federal 

interest in advancing civil aviation has been augmented by various legislative actions that 

authorize programs for granting property, funds, and other assistance to local communities to 

develop airport facilities. 

In each program, the airport sponsor assumes certain federal obligations, either by contract or by 

restrictive covenants in property deeds, to maintain and operate its airport facilities safely and 

efficiently and in accordance with specified conditions. Commitments assumed by airport 

sponsors in deeds or grant agreements have been generally successful in maintaining a high 

degree of safety and efficiency in airport design, construction, operation, and maintenance. The 

FAA Airport Compliance Program establishes the policy and guidelines for monitoring the 

compliance of airport sponsors with their obligations to the United States and for ensuring that 

airports serve the needs of civil aviation. 

The federal obligations a sponsor assumes in accepting 

FAA administered airport development assistance are 

mandated by federal statute. 

1.9. Sources of Airport Sponsor Federal Obligations. The federal obligations a sponsor 

assumes in accepting FAA administered airport development assistance are mandated by federal 

statute and incorporated in the grant agreements and property conveyance instruments entered 

into by the sponsor and the United States Government, including: 

a. Grant agreements issued under the various FAA-administered airport development grant 

programs through the years. These include, but are not limited to, the Federal Aid to Airports 

Program (FAAP), the Airport Development Aid Program (ADAP), and the Airport Improvement 

09/30/2009 5190.6B 

Page 1-5 

In addition to these principles specific to airport development, a guiding principle for federal 

infrastructure investment, as stated in Executive Order 12893, Principles for Federal 

Infrastructure Investments (January 26, 1994), is that such investments must be cost beneficial, 

i.e., must have a positive ratio of benefits to costs. The FAA implements these principles using 

program guidance to ensure the effective use of federal aid. 

A national priority system guides the distribution of funds. Information used to establish the 

priority is supplemented by specific requirements for additional analysis or justification. For 

example, the airport sponsor must prepare a benefit-cost analysis for airport capacity 

development projects to be funded under the Airport Improvement Program (AIP). 

The extent of the country's airport system, both at the national level and at the state level, is 

illustrated to the right. 

1.8. Compliance Program Background. The Civil Aeronautics Act of 1938, as amended, and 

the FAA Act, as amended, charge the FAA Administrator with broad responsibilities for the 

regulation of air commerce in the interests of safety and national defense and for the 

development of civil aeronautics. Under these broad powers, FAA was tasked with promoting 

air commerce while seeking to achieve safety and efficiency of the total airspace system through 

direct regulation of airmen, aircraft, navigable airspace, and airport operations. The federal 

interest in advancing civil aviation has been augmented by various legislative actions that 

authorize programs for granting property, funds, and other assistance to local communities to 

develop airport facilities. 

In each program, the airport sponsor assumes certain federal obligations, either by contract or by 

restrictive covenants in property deeds, to maintain and operate its airport facilities safely and 

efficiently and in accordance with specified conditions. Commitments assumed by airport 

sponsors in deeds or grant agreements have been generally successful in maintaining a high 

degree of safety and efficiency in airport design, construction, operation, and maintenance. The 

FAA Airport Compliance Program establishes the policy and guidelines for monitoring the 

compliance of airport sponsors with their obligations to the United States and for ensuring that 

airports serve the needs of civil aviation. 

The federal obligations a sponsor assumes in accepting 

FAA administered airport development assistance are 

mandated by federal statute. 

1.9. Sources of Airport Sponsor Federal Obligations. The federal obligations a sponsor 

assumes in accepting FAA administered airport development assistance are mandated by federal 

statute and incorporated in the grant agreements and property conveyance instruments entered 

into by the sponsor and the United States Government, including: 

a. Grant agreements issued under the various FAA-administered airport development grant 

programs through the years. These include, but are not limited to, the Federal Aid to Airports 

Program (FAAP), the Airport Development Aid Program (ADAP), and the Airport Improvement 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 19 of 74
09/30/2009 5190.6B 

Page 1-6 Page 1-6 

Program (AIP) under 49 U.S.C. 

§ 47101, et seq. This statutory 

provision provides for federal 

airport financial assistance for the 

development of public use airports 

under the AIP established by the 

AAIA. Section 47107 sets forth 

• —* 

. YKW & 

f/pi 

assurances that FAA must include 

in every grant agreement as the 

sponsor's conditions for receiving 

federal financial assistance. (The 

current version of 49 U.S.C. 

§ 47107 can be found online.) 

Upon acceptance of an AIP grant, 

the assurances become a binding 

contractual obligation between the 

airport sponsor and the federal 

government. 

30) 

The FAA is also charged with responsibility for monitoring and 

enforcing compliance of federally obligated sponsors with the 

provisions prohibiting exclusive rights set forth in section 303 of 

the Civil Aeronautics Act of 1938, as amended, and in section 

308(a) of the FAA Act, as amended. The exclusive rights 

prohibition was designed to ensure that airports maintain public 

access and availability to all aeronautical users at airports funded 

with federal assistance. This applies to all commercial and 

noncommercial aeronautical users alike, from private aircraft 

operators (i.e. general aviation) to airlines and all aeronautical 

ground services. (Photos: FAA) b. Instruments of surplus property 

transfer issued under the provisions 

of section 13(g) of the Surplus 

Property Act of 1944, as amended, 

49 U.S.C. §§ 47151-47153. 

c. Instruments of nonsurplus 

conveyance issued under section 

'789CH 

/ 

** J j * 

16 of the 1946 Airport Act, as i 

amended; under section 23 of the 

1970 Airport Act, as amended; or 

under section 516 of the AAIA, as 

amended. 

f i 

Following 

recodification, the 

governing this type of 

conveyance appears at 49 

statute 

U.S.C. § 47125. 

d. Exclusive Rights under section 303 of the Civil Aeronautics Act of 1938, as amended, and 

section 308(a) of the FAA Act, as amended, now codified at 49 U.S.C. § 40103(e). 

e. Title VI of the Civil Rights Act of 1964, as amended. 

1.10. FAA Authority to Administer the Compliance Program. Responsibility for monitoring 

and ensuring airport sponsor compliance with applicable federal obligations is vested in the 

Secretary of Transportation by statute and delegated to the FAA: 

09/30/2009 5190.6B 

Page 1-6 

Program (AIP) under 49 U.S.C. 

§ 47101, et seq. This statutory 

provision provides for federal 

airport financial assistance for the 

development of public use airports 

under the AIP established by the 

AAIA. Section 47107 sets forth 

• —* 

. YKW & 

f/pi 

assurances that FAA must include 

in every grant agreement as the 

sponsor's conditions for receiving 

federal financial assistance. (The 

current version of 49 U.S.C. 

§ 47107 can be found online.) 

Upon acceptance of an AIP grant, 

the assurances become a binding 

contractual obligation between the 

airport sponsor and the federal 

government. 

30) 

The FAA is also charged with responsibility for monitoring and 

enforcing compliance of federally obligated sponsors with the 

provisions prohibiting exclusive rights set forth in section 303 of 

the Civil Aeronautics Act of 1938, as amended, and in section 

308(a) of the FAA Act, as amended. The exclusive rights 

prohibition was designed to ensure that airports maintain public 

access and availability to all aeronautical users at airports funded 

with federal assistance. This applies to all commercial and 

noncommercial aeronautical users alike, from private aircraft 

operators (i.e. general aviation) to airlines and all aeronautical 

ground services. (Photos: FAA) b. Instruments of surplus property 

transfer issued under the provisions 

of section 13(g) of the Surplus 

Property Act of 1944, as amended, 

49 U.S.C. §§ 47151-47153. 

c. Instruments of nonsurplus 

conveyance issued under section 

'789CH 

/ 

** J j * 

16 of the 1946 Airport Act, as i 

amended; under section 23 of the 

1970 Airport Act, as amended; or 

under section 516 of the AAIA, as 

amended. 

f i 

Following 

recodification, the 

governing this type of 

conveyance appears at 49 

statute 

U.S.C. § 47125. 

d. Exclusive Rights under section 303 of the Civil Aeronautics Act of 1938, as amended, and 

section 308(a) of the FAA Act, as amended, now codified at 49 U.S.C. § 40103(e). 

e. Title VI of the Civil Rights Act of 1964, as amended. 

1.10. FAA Authority to Administer the Compliance Program. Responsibility for monitoring 

and ensuring airport sponsor compliance with applicable federal obligations is vested in the 

Secretary of Transportation by statute and delegated to the FAA: 

09/30/2009 5190.6B 

The FAA is also charged with responsibility for monitoring and 

enforcing compliance of federally obligated sponsors with the 

provisions prohibiting exclusive rights set forth in section 303 of 

the Civil Aeronautics Act of 1938, as amended, and in section 

308(a) of the FAA Act, as amended. The exclusive rights 

prohibition was designed to ensure that airports maintain public 

access and availability to all aeronautical users at airports funded 

with federal assistance. This applies to all commercial and 

noncommercial aeronautical users alike, from private aircraft 

operators (i.e. general aviation) to airlines and all aeronautical 

ground services. (Photos: FAA)

Program (AIP) under 49 U.S.C. 

§ 47101, et seq. This statutory 

provision provides for federal 

airport financial assistance for the

development of public use airports 

under the AIP established by the 

AAIA. Section 47107 sets forth 

assurances that FAA must include

in every grant agreement as the

sponsor’s conditions for receiving

federal financial assistance. (The 

current version of 49 U.S.C. 

§ 47107 can be found online.) 

Upon acceptance of an AIP grant, 

the assurances become a binding 

contractual obligation between the

airport sponsor and the federal 

government. 

b. Instruments of surplus property 

transfer issued under the provisions 

of section 13(g) of the Surplus 

Property Act of 1944, as amended, 

49 U.S.C. §§ 47151-47153. 

c. Instruments of nonsurplus 

conveyance issued under section 

16 of the 1946 Airport Act, as 

amended; under section 23 of the 

1970 Airport Act, as amended; or 

under section 516 of the AAIA, as 

amended. Following 

recodification, the statute

governing this type of 

conveyance appears at 49

U.S.C. § 47125. 

d. Exclusive Rights under section 303 of the Civil Aeronautics Act of 1938, as amended, and 

section 308(a) of the FAA Act, as amended, now codified at 49 U.S.C. § 40103(e). 

e. Title VI of the Civil Rights Act of 1964, as amended. 

1.10. FAA Authority to Administer the Compliance Program. Responsibility for monitoring 

and ensuring airport sponsor compliance with applicable federal obligations is vested in the

Secretary of Transportation by statute and delegated to the FAA: 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 20 of 74
09/30/2009 5190.6B 

Page 1-7 

a. Surplus Property Transfers. Surplus property instruments of transfer were issued by the War

Assets Administration (WAA) and are now issued by its successor, the General Services 

Administration (GSA). However, section 3 of Public Law (P.L.) No. 81-311 specifically imposes

upon FAA the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is, or has been, 

conveyed to nonfederal public agencies pursuant to the Surplus Property Act of 1944, as 

amended. 

b. Nonsurplus Property Transfers. Nonsurplus property transfers are conveyances under

section 16 of the 1946 Airport Act, under section 23 of the 1970 Airport Act, or under 

section 516 of the AAIA. The statutory provision now appears at 49 U.S.C. § 47125. These are 

also referred to as nonsurplus property conveyances. Instruments of property conveyance issued 

under these sections are also issued by agencies other than the FAA. The conveyance 

instrument, deed, or quitclaim document assigns monitoring and enforcement responsibility to 

the FAA.

c. Grant agreements from the FAAP, ADAP, and the AIP programs. FAA is vested with 

jurisdiction over monitoring and enforcing grant agreements; the FAA and its predecessor, the

CAA, execute such agreements for, and on behalf of, the United States. 

d. Exclusive Rights Prohibition. The FAA is also charged with responsibility for monitoring and 

enforcing compliance with the provisions prohibiting exclusive rights set forth in section 303 of

the Civil Aeronautics Act of 1938, as amended, and in section 308(a) of the FAA Act, as

amended, 49 U.S.C. § 40103(e). 

e. Amendment, Modification, or Release of Airport Sponsor Federal Obligations. The authority 

of the FAA to release or modify the terms and conditions of airport sponsor grant agreements 

varies based on the respective types of agreements. P.L. No. 81-311 prescribes specific 

circumstances and conditions under which the FAA may release, modify, or amend the terms and 

conditions of surplus property conveyances. While the FAA has the ability to amend, modify, or 

release an airport sponsor from a federal obligation, the FAA is not required to do so. In other 

words, there is no obligation for the FAA to release a sponsor from any of its obligations. For

additional information, refer to chapter 22 of this Order, Releases from Federal Obligations.

1.11. through 1.14. reserved. 

Page 1-7 

a. Surplus Property Transfers. Surplus property instruments of transfer were issued by the War 

Assets Administration (WAA) and are now issued by its successor, the General Services 

Administration (GSA). However, section 3 of Public Law (P.L.) No. 81-311 specifically imposes 

upon FAA the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is, or has been, 

conveyed to nonfederal public agencies pursuant to the Surplus Property Act of 1944, as 

amended. 

b. Nonsurplus Property Transfers. Nonsurplus property transfers are conveyances under 

section 16 of the 1946 Airport Act, under section 23 of the 1970 Airport Act, or under 

section 516 of the AAIA. The statutory provision now appears at 49 U.S.C. § 47125. These are 

also referred to as nonsurplus property conveyances. Instruments of property conveyance issued 

under these sections are also issued by agencies other than the FAA. The conveyance 

instrument, deed, or quitclaim document assigns monitoring and enforcement responsibility to 

the FAA. 

c. Grant agreements from the FAAP, ADAP, and the AIP programs. 

jurisdiction over monitoring and enforcing grant agreements; the FAA and its predecessor, the 

CAA, execute such agreements for, and on behalf of, the United States. 

FAA is vested with 

d. Exclusive Rights Prohibition. The FAA is also charged with responsibility for monitoring and 

enforcing compliance with the provisions prohibiting exclusive rights set forth in section 303 of 

the Civil Aeronautics Act of 1938, as amended, and in section 308(a) of the FAA Act, as 

amended, 49 U.S.C. § 40103(e). 

e. Amendment, Modification, or Release of Airport Sponsor Federal Obligations. The authority 

of the FAA to release or modify the terms and conditions of airport sponsor grant agreements 

varies based on the respective types of agreements. P.L. No. 81-311 prescribes specific 

circumstances and conditions under which the FAA may release, modify, or amend the terms and 

conditions of surplus property conveyances. While the FAA has the ability to amend, modify, or 

release an airport sponsor from a federal obligation, the FAA is not required to do so. In other 

words, there is no obligation for the FAA to release a sponsor from any of its obligations. For 

additional information, refer to chapter 22 of this Order, Releases from Federal Obligations. 

1.11. through 1.14. reserved. 

09/30/2009 5190.6B 

Page 1-7 

a. Surplus Property Transfers. Surplus property instruments of transfer were issued by the War 

Assets Administration (WAA) and are now issued by its successor, the General Services 

Administration (GSA). However, section 3 of Public Law (P.L.) No. 81-311 specifically imposes 

upon FAA the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is, or has been, 

conveyed to nonfederal public agencies pursuant to the Surplus Property Act of 1944, as 

amended. 

b. Nonsurplus Property Transfers. Nonsurplus property transfers are conveyances under 

section 16 of the 1946 Airport Act, under section 23 of the 1970 Airport Act, or under 

section 516 of the AAIA. The statutory provision now appears at 49 U.S.C. § 47125. These are 

also referred to as nonsurplus property conveyances. Instruments of property conveyance issued 

under these sections are also issued by agencies other than the FAA. The conveyance 

instrument, deed, or quitclaim document assigns monitoring and enforcement responsibility to 

the FAA. 

c. Grant agreements from the FAAP, ADAP, and the AIP programs. 

jurisdiction over monitoring and enforcing grant agreements; the FAA and its predecessor, the 

CAA, execute such agreements for, and on behalf of, the United States. 

FAA is vested with 

d. Exclusive Rights Prohibition. The FAA is also charged with responsibility for monitoring and 

enforcing compliance with the provisions prohibiting exclusive rights set forth in section 303 of 

the Civil Aeronautics Act of 1938, as amended, and in section 308(a) of the FAA Act, as 

amended, 49 U.S.C. § 40103(e). 

e. Amendment, Modification, or Release of Airport Sponsor Federal Obligations. The authority 

of the FAA to release or modify the terms and conditions of airport sponsor grant agreements 

varies based on the respective types of agreements. P.L. No. 81-311 prescribes specific 

circumstances and conditions under which the FAA may release, modify, or amend the terms and 

conditions of surplus property conveyances. While the FAA has the ability to amend, modify, or 

release an airport sponsor from a federal obligation, the FAA is not required to do so. In other 

words, there is no obligation for the FAA to release a sponsor from any of its obligations. For 

additional information, refer to chapter 22 of this Order, Releases from Federal Obligations. 

1.11. through 1.14. reserved. 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 21 of 74
09/30/2009 5190.6B 

Page 4-1 Page 4-1 

Chapter 4. Federal Grant Obligations and Responsibilities 

4.1. Introduction. This chapter provides a brief 

description of the three FAA grant programs for 

airports, the duration of federal obligations, the 

useful life of grant funded projects, and the 

legislatively mandated sponsor compliance 

requirements. It is the responsibility of the FAA 

airports district offices (ADOs) and regional 

airports divisions to ensure that the sponsors 

understand and comply with their grant 

assurances. 

Federat A irport A ct 

May J3, J 946 

4.2. Sponsor Federal Obligations Under 

Various Grant Agreements. Under the various 

federal grant programs, the sponsor of a project 

agrees to assume certain federal obligations 

pertaining to the operation and use of the airport. 

These federal obligations are embodied in the 

application for federal assistance as sponsor 

assurances. The federal obligations become a part 

of the grant offer, binding the grant recipient when 

it accepts federal funds for airport development. 

F.I. .<77, 79* rsHigixM 

60 Sim- I 

lit)! 

AIKPORT AND AIRWAY DEVELOPMENT ACT 

OF 1970' 

[Act of May 31,1970,84 Stat, 219: a9 amen/led by the Act of Novem­ ber F7, 1971,85 Stat. W; Act of June. J8,1973,87 Stat, 88; and Act of July IB, 1976,90 Stat. 871] 

TITLE I—AIRPORT AND AIRWAY DEVELOPMENT ACT 

OF 1970 

Part I—Short Title, Etc* 

SECTION 1. SHORT TITLE, U££. /«/ NoJe) 

This title may be cited as the "Airport and Airway Development 

Act of 1070". 

SEC. 2. DECLARATION OF POLICV. M VSjC. 1761) 

The Congress hereby finds and declares— 

That the Nation's airport nnd airway 51 

the current and projected growth in aviation. 

That suijstantial expansion and improvement of the airpi 

way system is required to meet the demands of interstate 

the postal services and the national defense. 

That the annual obligations! authority during the period July 1, 

1970, through September 30, 1080, for the acquisition, establishment, 

and improvement of air navigational facilities under the Federal 

Aviation Act of 1058 (40 U.S.C. 1301 ct &cq-). should lie no less than 

$250,000,000. 

a. Since 1946, the FAA has administered three 

grant programs for development of airports: vstem is inadequate to meet 

r>rt and air­

> commerce, 

(1). The Federal Aid to Airports Program (FAAP) 

pursuant to the Federal Airport Act of 1946, as 

amended, until repealed in 1970. 

(2). The Airport Development Aid Program (ADAP) pursuant to the Airport and Airway 

Development Act of 1970 (1970 Airport Act), as amended, until repealed in 1982. 

(3). The Airport Improvement Program (AIP) pursuant to the Airport and Airway Improvement 

Act of 1982 (AAIA), as amended. (See Title 49 U.S.C. § 47101, et seq.) 

b. Assurances Pertaining to Grant Agreements. Each of these FAA administered federal 

airport financial assistance programs required airport sponsors to agree to certain assurances 

under the authorizing legislation of the grant programs. Certain assurances remain consistent 

from one grant program to the next. Other assurances were added by legislative mandate as the 

grant programs developed. Some assurances were superseded over time. In addition, the FAA 

has statutory authority to prescribe additional assurances or requirements for sponsors. (See 49 

U.S.C. § 47107(g).) Also, some grant agreements contain special covenants or conditions 

intended to address an airport-specific situation. 

09/30/2009 5190.6B 

Page 4-1 

Chapter 4. Federal Grant Obligations and Responsibilities 

4.1. Introduction. This chapter provides a brief 

description of the three FAA grant programs for 

airports, the duration of federal obligations, the 

useful life of grant funded projects, and the 

legislatively mandated sponsor compliance 

requirements. It is the responsibility of the FAA 

airports district offices (ADOs) and regional 

airports divisions to ensure that the sponsors 

understand and comply with their grant 

assurances. 

Federat A irport A ct 

May J3, J 946 

4.2. Sponsor Federal Obligations Under 

Various Grant Agreements. Under the various 

federal grant programs, the sponsor of a project 

agrees to assume certain federal obligations 

pertaining to the operation and use of the airport. 

These federal obligations are embodied in the 

application for federal assistance as sponsor 

assurances. The federal obligations become a part 

of the grant offer, binding the grant recipient when 

it accepts federal funds for airport development. 

F.I. .<77, 79* rsHigixM 

60 Sim- I 

lit)! 

AIKPORT AND AIRWAY DEVELOPMENT ACT 

OF 1970' 

[Act of May 31,1970,84 Stat, 219: a9 amen/led by the Act of Novem­ ber F7, 1971,85 Stat. W; Act of June. J8,1973,87 Stat, 88; and Act of July IB, 1976,90 Stat. 871] 

TITLE I—AIRPORT AND AIRWAY DEVELOPMENT ACT 

OF 1970 

Part I—Short Title, Etc* 

SECTION 1. SHORT TITLE, U££. /«/ NoJe) 

This title may be cited as the "Airport and Airway Development 

Act of 1070". 

SEC. 2. DECLARATION OF POLICV. M VSjC. 1761) 

The Congress hereby finds and declares— 

That the Nation's airport nnd airway 51 

the current and projected growth in aviation. 

That suijstantial expansion and improvement of the airpi 

way system is required to meet the demands of interstate 

the postal services and the national defense. 

That the annual obligations! authority during the period July 1, 

1970, through September 30, 1080, for the acquisition, establishment, 

and improvement of air navigational facilities under the Federal 

Aviation Act of 1058 (40 U.S.C. 1301 ct &cq-). should lie no less than 

$250,000,000. 

a. Since 1946, the FAA has administered three 

grant programs for development of airports: vstem is inadequate to meet 

r>rt and air­

> commerce, 

(1). The Federal Aid to Airports Program (FAAP) 

pursuant to the Federal Airport Act of 1946, as 

amended, until repealed in 1970. 

(2). The Airport Development Aid Program (ADAP) pursuant to the Airport and Airway 

Development Act of 1970 (1970 Airport Act), as amended, until repealed in 1982. 

(3). The Airport Improvement Program (AIP) pursuant to the Airport and Airway Improvement 

Act of 1982 (AAIA), as amended. (See Title 49 U.S.C. § 47101, et seq.) 

b. Assurances Pertaining to Grant Agreements. Each of these FAA administered federal 

airport financial assistance programs required airport sponsors to agree to certain assurances 

under the authorizing legislation of the grant programs. Certain assurances remain consistent 

from one grant program to the next. Other assurances were added by legislative mandate as the 

grant programs developed. Some assurances were superseded over time. In addition, the FAA 

has statutory authority to prescribe additional assurances or requirements for sponsors. (See 49 

U.S.C. § 47107(g).) Also, some grant agreements contain special covenants or conditions 

intended to address an airport-specific situation. 

09/30/2009 5190.6B 

Chapter 4. Federal Grant Obligations and Responsibilities 

4.1. Introduction. This chapter provides a brief 

description of the three FAA grant programs for

airports, the duration of federal obligations, the

useful life of grant funded projects, and the

legislatively mandated sponsor compliance 

requirements. It is the responsibility of the FAA 

airports district offices (ADOs) and regional 

airports divisions to ensure that the sponsors 

understand and comply with their grant 

assurances.

4.2. Sponsor Federal Obligations Under 

Various Grant Agreements. Under the various 

federal grant programs, the sponsor of a project 

agrees to assume certain federal obligations

pertaining to the operation and use of the airport. 

These federal obligations are embodied in the

application for federal assistance as sponsor

assurances. The federal obligations become a part 

of the grant offer, binding the grant recipient when

it accepts federal funds for airport development. 

a. Since 1946, the FAA has administered three 

grant programs for development of airports:

(1). The Federal Aid to Airports Program (FAAP)

pursuant to the Federal Airport Act of 1946, as 

amended, until repealed in 1970. 

(2). The Airport Development Aid Program (ADAP) pursuant to the Airport and Airway 

Development Act of 1970 (1970 Airport Act), as amended, until repealed in 1982. 

(3). The Airport Improvement Program (AIP) pursuant to the Airport and Airway Improvement 

Act of 1982 (AAIA), as amended. (See Title 49 U.S.C. § 47101, et seq.) 

b. Assurances Pertaining to Grant Agreements. Each of these FAA administered federal

airport financial assistance programs required airport sponsors to agree to certain assurances

under the authorizing legislation of the grant programs. Certain assurances remain consistent 

from one grant program to the next. Other assurances were added by legislative mandate as the

grant programs developed. Some assurances were superseded over time. In addition, the FAA 

has statutory authority to prescribe additional assurances or requirements for sponsors. (See 49 

U.S.C. § 47107(g).) Also, some grant agreements contain special covenants or conditions 

intended to address an airport-specific situation. 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 22 of 74
09/30/2009 5190.6B 

Page 4-2 

c. Special Project Conditions. This Order generally does not address special conditions under 

which the FAA funded a particular project. An example of a special condition might be that 

funds would be withheld if land for a safety area were not acquired within a prescribed time 

period. Special conditions and assurances are enforced in the same manner as standard 

assurances.

4.3. The Duration of Federal Grant Obligations. Federal obligations relating to the use, 

operation, and maintenance of the airport remain in effect throughout the useful life of the

facilities developed under the project, but not to exceed 20 years. In cases where land was

acquired with federal assistance under AIP, the federal land obligations remain in perpetuity. In 

cases where land was acquired with FAAP or ADAP grants, FAA should review the language of

such grants when it is necessary to determine the status of the sponsor’s obligations since most

FAAP land grants and some ADAP grant documents do not impose a perpetual obligation. For 

disposal of a specific parcel, the sponsor’s obligation to reinvest the proceeds may depend on the

grant history for that particular parcel. (More information about this process is contained in this

Order in chapter 22, Releases from Federal Obligations.) Before concluding that a sponsor’s 

KH 

v rot 

L | TM w Mii 

(£r- ',!!«• rWlaMjM ElO 

. i\ • I 1 

: |LjV. j *:z « • S J P f Tif •'. I I v\ •» 

I ? 1 Avte • ^ i 

i •y. 'flp ijj 

- J 

\ IH1 

W /-• 1 

I*" ( '•, 

SHf ii i-

< 1 

• %? 

sLi^i 

I mm 

f^k •_,) 

*• 8® 

i_ -'-J?\^-- - j • 

yy. \) 

^®3 

^ •• •v 

CBBHI 

77?e useful life of a federally funded airport development project extends only for the period during which it is 

serviceable and usable with ordinary day-to-day maintenance. Reconstruction, rehabilitation, or major repair 

of a federally funded airport project without additional federal aid does not automatically extend the duration of 

its useful life as it applies to grant agreements. Land, however, has no limit to its useful life. As such, 

obligations associated with land do not expire. (Photo: National Oceanic and Atmospheric Administration 

(NOAA)) 

c. Special Project Conditions. This Order generally does not address special conditions under 

which the FAA funded a particular project. An example of a special condition might be that 

funds would be withheld if land for a safety area were not acquired within a prescribed time 

period. Special conditions and assurances are enforced in the same manner as standard 

assurances. 

4.3. The Duration of Federal Grant Obligations. Federal obligations relating to the use, 

operation, and maintenance of the airport remain in effect throughout the useful life of the 

facilities developed under the project, but not to exceed 20 years. In cases where land was 

acquired with federal assistance under AIP, the federal land obligations remain in perpetuity. In 

cases where land was acquired with FAAP or ADAP grants, FAA should review the language of 

such grants when it is necessary to determine the status of the sponsor's obligations since most 

FAAP land grants and some ADAP grant documents do not impose a perpetual obligation. For 

disposal of a specific parcel, the sponsor's obligation to reinvest the proceeds may depend on the 

grant history for that particular parcel. (More information about this process is contained in this 

Order in chapter 22, Releases from Federal Obligations.) Before concluding that a sponsor's 

Page 4-2 

09/30/2009 5190.6B 

KH 

v rot 

L | TM w Mii 

(£r- ',!!«• rWlaMjM ElO 

. i\ • I 1 

: |LjV. j 

*:z « • 

S J P f Tif •'. I I v\ •» 

I ? 1 Avte • ^ i 

i •y. 'flp ijj 

- J 

W 

\ IH1 

/-• 1 I*" ( '•, 

SHf ii i-

< 1 

• %? 

sLi^i 

I mm 

f^k •_,) 

*• 8® 

i_ -'-J?\^-- - j • 

yy. \) 

^®3 

^ •• •v 

CBBHI 

77?e useful life of a federally funded airport development project extends only for the period during which it is 

serviceable and usable with ordinary day-to-day maintenance. Reconstruction, rehabilitation, or major repair 

of a federally funded airport project without additional federal aid does not automatically extend the duration of 

its useful life as it applies to grant agreements. Land, however, has no limit to its useful life. As such, 

obligations associated with land do not expire. (Photo: National Oceanic and Atmospheric Administration 

(NOAA)) 

c. Special Project Conditions. This Order generally does not address special conditions under 

which the FAA funded a particular project. An example of a special condition might be that 

funds would be withheld if land for a safety area were not acquired within a prescribed time 

period. Special conditions and assurances are enforced in the same manner as standard 

assurances. 

4.3. The Duration of Federal Grant Obligations. Federal obligations relating to the use, 

operation, and maintenance of the airport remain in effect throughout the useful life of the 

facilities developed under the project, but not to exceed 20 years. In cases where land was 

acquired with federal assistance under AIP, the federal land obligations remain in perpetuity. In 

cases where land was acquired with FAAP or ADAP grants, FAA should review the language of 

such grants when it is necessary to determine the status of the sponsor's obligations since most 

FAAP land grants and some ADAP grant documents do not impose a perpetual obligation. For 

disposal of a specific parcel, the sponsor's obligation to reinvest the proceeds may depend on the 

grant history for that particular parcel. (More information about this process is contained in this 

Order in chapter 22, Releases from Federal Obligations.) Before concluding that a sponsor's 

Page 4-2 

09/30/2009 5190.6B 

The useful life of a federally funded airport development project extends only for the period during which it is 

serviceable and usable with ordinary day-to-day maintenance. Reconstruction, rehabilitation, or major repair 

of a federally funded airport project without additional federal aid does not automatically extend the duration of 

its useful life as it applies to grant agreements. Land, however, has no limit to its useful life. As such, 

obligations associated with land do not expire. (Photo: National Oceanic and Atmospheric Administration 

(NOAA)) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 23 of 74
09/30/2009 5190.6B 

Page 4-3 

grant obligations have expired, the FAA should review all land grants at the airport to ensure that 

no land grant contains a perpetual obligation. All AIP land grants and most surplus property 

deeds of conveyance include the obligation to operate the airport property as an airport in 

perpetuity.

Additionally, there are three assurances for which the obligation continues without limit as long 

as the airport is used as a public use airport: Grant Assurance 23, Exclusive Rights; Grant

Assurance 25, Airport Revenues; and Grant Assurance 30, Civil Rights.

Private sponsors have the added requirement that the useful life of federally assisted projects 

shall be no less than 10 years from the date of acceptance of federal aid. (Public sponsors do not 

have this minimum useful life requirement.) The actual grant agreement should be consulted to

verify the federal obligations sponsors agreed to and to ensure the sponsor is being held to those 

assurances. This Order does not replace reading the obligating documents. 

4.4. The Useful Life of Grant Funded Projects. The useful life of a federally funded airport 

development project extends for the period of time during which it is serviceable and usable with 

ordinary day-to-day maintenance. 

Reconstruction, rehabilitation, or major repair of a federally funded airport project without 

additional federal aid does not automatically extend the duration of its useful life as it applies to 

grant agreements. Generally, improvements are presumed to last at least 20 years because they 

are built to FAA standards. If new grants are issued for reconstruction, rehabilitation, or major

repair, a new useful life period begins.

An airport sponsor cannot shorten its obligations by allowing projects to deteriorate. FAA 

regional airports divisions make the determination of when the useful life has expired on a 

federally funded project that needs reconstruction, rehabilitation, or major repair in order to 

continue serving the purpose for which it was developed. See paragraph 4.6.h of this chapter for 

detailed guidance on the duration of grant obligations. 

In cases where land was acquired with federal assistance, 

the federal obligations relating to the use, operation, and 

maintenance of the airport generally remain in perpetuity. 

4.5. Airport Sponsor Compliance. Legislatively mandated sponsor assurances have varied 

over time due to statutory amendments and project specific circumstances. Therefore, in

assessing an airport sponsor's compliance status, the FAA must review each grant agreement 

entered into by the airport sponsor and the FAA in order to determine the airport sponsor's

federal obligations accurately and to assess the sponsor’s compliance with the applicable 

assurances.

4.6. Federal Obligations under the Basic Grant Assurance Requirements. This section 

discusses the different assurance lists and airport grant programs. Airport sponsors accept these 

Page 4-3 

grant obligations have expired, the FAA should review all land grants at the airport to ensure that 

no land grant contains a perpetual obligation. All AIP land grants and most surplus property 

deeds of conveyance include the obligation to operate the airport property as an airport in 

perpetuity. 

Additionally, there are three assurances for which the obligation continues without limit as long 

as the airport is used as a public use airport: Grant Assurance 23, Exclusive Rights; Grant 

Assurance 25, Airport Revenues; and Grant Assurance 30, Civil Rights. 

Private sponsors have the added requirement that the useful life of federally assisted projects 

shall be no less than 10 years from the date of acceptance of federal aid. (Public sponsors do not 

have this minimum useful life requirement.) The actual grant agreement should be consulted to 

verify the federal obligations sponsors agreed to and to ensure the sponsor is being held to those 

assurances. This Order does not replace reading the obligating documents. 

4.4. The Useful Life of Grant Funded Projects. The useful life of a federally funded airport 

development project extends for the period of time during which it is serviceable and usable with 

ordinary day-to-day maintenance. 

Reconstruction, rehabilitation, or major repair of a federally funded airport project without 

additional federal aid does not automatically extend the duration of its useful life as it applies to 

grant agreements. Generally, improvements are presumed to last at least 20 years because they 

are built to FAA standards. If new grants are issued for reconstruction, rehabilitation, or major 

repair, a new useful life period begins. 

An airport sponsor cannot shorten its obligations by allowing projects to deteriorate. 

regional airports divisions make the determination of when the useful life has expired on a 

federally funded project that needs reconstruction, rehabilitation, or major repair in order to 

continue serving the purpose for which it was developed. See paragraph 4.6.h of this chapter for 

detailed guidance on the duration of grant obligations. 

FAA 

In cases where land was acquired with federal assistance, 

the federal obligations relating to the use, operation, and 

maintenance of the airport generally remain in perpetuity. 

4.5. Airport Sponsor Compliance. Legislatively mandated sponsor assurances have varied 

over time due to statutory amendments and project specific circumstances. Therefore, in 

assessing an airport sponsor's compliance status, the FAA must review each grant agreement 

entered into by the airport sponsor and the FAA in order to determine the airport sponsor's 

federal obligations accurately and to assess the sponsor's compliance with the applicable 

assurances. 

4.6. Federal Obligations under the Basic Grant Assurance Requirements. This section 

discusses the different assurance lists and airport grant programs. Airport sponsors accept these 

09/30/2009 5190.6B 

Page 4-3 

grant obligations have expired, the FAA should review all land grants at the airport to ensure that 

no land grant contains a perpetual obligation. All AIP land grants and most surplus property 

deeds of conveyance include the obligation to operate the airport property as an airport in 

perpetuity. 

Additionally, there are three assurances for which the obligation continues without limit as long 

as the airport is used as a public use airport: Grant Assurance 23, Exclusive Rights; Grant 

Assurance 25, Airport Revenues; and Grant Assurance 30, Civil Rights. 

Private sponsors have the added requirement that the useful life of federally assisted projects 

shall be no less than 10 years from the date of acceptance of federal aid. (Public sponsors do not 

have this minimum useful life requirement.) The actual grant agreement should be consulted to 

verify the federal obligations sponsors agreed to and to ensure the sponsor is being held to those 

assurances. This Order does not replace reading the obligating documents. 

4.4. The Useful Life of Grant Funded Projects. The useful life of a federally funded airport 

development project extends for the period of time during which it is serviceable and usable with 

ordinary day-to-day maintenance. 

Reconstruction, rehabilitation, or major repair of a federally funded airport project without 

additional federal aid does not automatically extend the duration of its useful life as it applies to 

grant agreements. Generally, improvements are presumed to last at least 20 years because they 

are built to FAA standards. If new grants are issued for reconstruction, rehabilitation, or major 

repair, a new useful life period begins. 

An airport sponsor cannot shorten its obligations by allowing projects to deteriorate. 

regional airports divisions make the determination of when the useful life has expired on a 

federally funded project that needs reconstruction, rehabilitation, or major repair in order to 

continue serving the purpose for which it was developed. See paragraph 4.6.h of this chapter for 

detailed guidance on the duration of grant obligations. 

FAA 

In cases where land was acquired with federal assistance, 

the federal obligations relating to the use, operation, and 

maintenance of the airport generally remain in perpetuity. 

4.5. Airport Sponsor Compliance. Legislatively mandated sponsor assurances have varied 

over time due to statutory amendments and project specific circumstances. Therefore, in 

assessing an airport sponsor's compliance status, the FAA must review each grant agreement 

entered into by the airport sponsor and the FAA in order to determine the airport sponsor's 

federal obligations accurately and to assess the sponsor's compliance with the applicable 

assurances. 

4.6. Federal Obligations under the Basic Grant Assurance Requirements. This section 

discusses the different assurance lists and airport grant programs. Airport sponsors accept these 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 24 of 74
09/30/2009 5190.6B 

Page 4-4 

assurances as a condition of receiving grant funds under the AIP for projects that involve airport

development, noise mitigation, and airport planning.

When the airport sponsor accepts the grant, the assurances become binding contractual federal

obligations between the sponsor and the FAA. It is the responsibility of the ADOs and regional 

airports divisions to ensure sponsors understand and comply with their assurances. 

a. Standard Sponsor Assurances. FAA uses three separate sets of standard sponsor assurances: 

(1). Airport Sponsors (owners/operators). 

(2). Planning Agency Sponsors. 

(3). Nonairport Sponsors Undertaking Noise Compatibility Program Projects (referred to as 

nonairport sponsor assurances). 

b. Types of Grant Programs or Projects. There are five types of airport grant programs or 

projects that include assurances from one of the three sets of standard assurances: 

(1). Airport development

programs undertaken by an 

airport sponsor. 

(2). Noise compatibility 

programs undertaken by an 

airport sponsor. 

(3). Planning projects 

undertaken by an airport 

sponsor.

(4). Planning projects 

undertaken by planning agency 

sponsors.

(5). Noise compatibility 

programs undertaken by 

nonairport sponsors.

c. Groupings. Grant

agreements list the assurances

in three separate groups:

(1). Group “A” General, sets 

forth the basic requirement 

Page 4-4 

assurances as a condition of receiving grant funds under the AIP for projects that involve airport 

development, noise mitigation, and airport planning. 

When the airport sponsor accepts the grant, the assurances become binding contractual federal 

obligations between the sponsor and the FAA. It is the responsibility of the ADOs and regional 

airports divisions to ensure sponsors understand and comply with their assurances. 

a. Standard Sponsor Assurances. FAA uses three separate sets of standard sponsor assurances: 

(1). Airport Sponsors (owners/operators). 

(2). Planning Agency Sponsors. 

(3). Nonairport Sponsors Undertaking Noise Compatibility Program Projects (referred to as 

nonairport sponsor assurances). 

b. Types of Grant Programs or Projects. There are five types of airport grant programs or 

projects that include assurances from one of the three sets of standard assurances: 

(1). Airport development 

programs undertaken by an 

airport sponsor. 

(2). Noise compatibility 

programs undertaken by an 

airport sponsor. 

(3). Planning projects 

undertaken by an airport 

sponsor. 

(4). Planning projects 

undertaken by planning agency 

sponsors. 

(5). Noise compatibility 

programs undertaken by 

nonairport sponsors. 

w 

The FAA may also award grants to nonairport sponsoring government 

entities for noise compatibility programs. These could include adjacent 

communities to the airport that are impacted by aircraft landing or 

taking off, but which are not sponsors of that airport. The assurances 

for these grants bind the recipients to specific federal obligations. 

While these assurances are similar to the airport sponsor assurances, 

there are differences; they follow a different numbering scheme and 

exclude airport-specific requirements. (Photo: FAA) 

Grant 

agreements list the assurances 

in three separate groups: 

c. Groupings. 

(1). Group "A" General, sets 

forth the basic requirement 

09/30/2009 5190.6B 

Page 4-4 

assurances as a condition of receiving grant funds under the AIP for projects that involve airport 

development, noise mitigation, and airport planning. 

When the airport sponsor accepts the grant, the assurances become binding contractual federal 

obligations between the sponsor and the FAA. It is the responsibility of the ADOs and regional 

airports divisions to ensure sponsors understand and comply with their assurances. 

a. Standard Sponsor Assurances. FAA uses three separate sets of standard sponsor assurances: 

(1). Airport Sponsors (owners/operators). 

(2). Planning Agency Sponsors. 

(3). Nonairport Sponsors Undertaking Noise Compatibility Program Projects (referred to as 

nonairport sponsor assurances). 

b. Types of Grant Programs or Projects. There are five types of airport grant programs or 

projects that include assurances from one of the three sets of standard assurances: 

(1). Airport development 

programs undertaken by an 

airport sponsor. 

(2). Noise compatibility 

programs undertaken by an 

airport sponsor. 

(3). Planning projects 

undertaken by an airport 

sponsor. 

(4). Planning projects 

undertaken by planning agency 

sponsors. 

(5). Noise compatibility 

programs undertaken by 

nonairport sponsors. 

w 

The FAA may also award grants to nonairport sponsoring government 

entities for noise compatibility programs. These could include adjacent 

communities to the airport that are impacted by aircraft landing or 

taking off, but which are not sponsors of that airport. The assurances 

for these grants bind the recipients to specific federal obligations. 

While these assurances are similar to the airport sponsor assurances, 

there are differences; they follow a different numbering scheme and 

exclude airport-specific requirements. (Photo: FAA) 

Grant 

agreements list the assurances 

in three separate groups: 

c. Groupings. 

(1). Group "A" General, sets 

forth the basic requirement 

09/30/2009 5190.6B 

The FAA may also award grants to nonairport sponsoring government 

entities for noise compatibility programs. These could include adjacent 

communities to the airport that are impacted by aircraft landing or 

taking off, but which are not sponsors of that airport. The assurances 

for these grants bind the recipients to specific federal obligations. 

While these assurances are similar to the airport sponsor assurances, 

there are differences; they follow a different numbering scheme and 

exclude airport-specific requirements. (Photo: FAA)

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 25 of 74
09/30/2009 5190.6B 

Page 4-5 

binding the sponsor to all federal grant assurances.

(2). Group “B” Duration and Applicability, establishes the length of time that assurances remain

in effect and identifies which assurances apply to the various programs or projects. 

(3). Group “C” Sponsor Certification, lists all of the standard assurances that the sponsor must

adhere to under the grant agreement. 

 d. Group A. The General assurance states the basic requirement for the sponsor to abide by 

all applicable assurances as a condition of accepting a federal grant for airport development, 

noise compatibility, and airport planning. The general assurance requires the sponsor to include 

these assurances as part of its grant application. When the sponsor accepts the grant offer, FAA

incorporates these assurances into the grant agreement. When the sponsor accepts, the 

agreement binds both the federal government and the sponsor to its terms. 

e. Group B. The Duration and Applicability assurance identifies those assurances that apply to

different types of grant programs and specifies the length of time the assurances remain in force. 

f. Group C. As of September 2009, there were 39 numbered assurances in the Sponsor

Certification group for airport sponsors. All of these assurances apply to airport development 

programs and noise compatibility programs undertaken by an airport sponsor, but only 11 of 

them apply to planning projects undertaken by an airport sponsor.

g. Grant Assurance Applicability. 

(1). Airport Sponsor Airport Development and Noise Compatibility. Requirements for

airport development and noise compatibility programs undertaken by airport sponsors are the 

same. All 39 standard grant assurances for airport sponsors apply.

(2). Airport Sponsor Planning. Requirements for airport sponsor planning projects are 

different from airport sponsor development or noise compatibility programs. Several of the 

numbered assurances for airport sponsors apply to airport planning projects: Grant Assurance 1, 

General Federal Requirements; Grant Assurance 2, Responsibility and Authority of the Sponsor;

Grant Assurance 3, Sponsor Fund Availability; Grant Assurance 5, Preserving Rights and 

Powers; Grant Assurance 6, Consistency with Local Plans, Grant Assurance 13, Accounting

System, Audit, and Record Keeping Requirements; Grant Assurance 18, Planning Projects; Grant 

Assurance 30, Civil Rights; Grant Assurance 32, Engineering and Design Services; Grant 

Assurance 33, Foreign Market Restrictions; and Grant Assurance 34, Policies, Standards, and 

Specifications. The terms, conditions, and assurances of the grant agreement shall remain in full 

force and effect during the life of the planning project. In addition, Grant Assurance 25, Airport 

Revenues, will apply where the planning grant applies to a specific airport. 

Page 4-5 

binding the sponsor to all federal grant assurances. 

(2). Group "B" Duration and Applicability, establishes the length of time that assurances remain 

in effect and identifies which assurances apply to the various programs or projects. 

(3). Group "C" Sponsor Certification, lists all of the standard assurances that the sponsor must 

adhere to under the grant agreement. 

d. Group A. The General assurance states the basic requirement for the sponsor to abide by 

all applicable assurances as a condition of accepting a federal grant for airport development, 

noise compatibility, and airport planning. The general assurance requires the sponsor to include 

these assurances as part of its grant application. When the sponsor accepts the grant offer, FAA 

incorporates these assurances into the grant agreement. When the sponsor accepts, the 

agreement binds both the federal government and the sponsor to its terms. 

e. Group B. The Duration and Applicability assurance identifies those assurances that apply to 

different types of grant programs and specifies the length of time the assurances remain in force. 

f. Group C. As of September 2009, there were 39 numbered assurances in the Sponsor 

Certification group for airport sponsors. All of these assurances apply to airport development 

programs and noise compatibility programs undertaken by an airport sponsor, but only 11 of 

them apply to planning projects undertaken by an airport sponsor. 

g. Grant Assurance Applicability. 

(1). Airport Sponsor Airport Development and Noise Compatibility. Requirements for 

airport development and noise compatibility programs undertaken by airport sponsors are the 

same. All 39 standard grant assurances for airport sponsors apply. 

(2). Airport Sponsor Planning. Requirements for airport sponsor planning projects are 

different from airport sponsor development or noise compatibility programs. Several of the 

numbered assurances for airport sponsors apply to airport planning projects: Grant Assurance 1, 

General Federal Requirements; Grant Assurance 2, Responsibility and Authority of the Sponsor; 

Grant Assurance 3, Sponsor Fund Availability; Grant Assurance 5, Preserving Rights and 

Powers; Grant Assurance 6, Consistency with Local Plans, Grant Assurance 13, Accounting 

System, Audit, and Record Keeping Requirements; Grant Assurance 18, Planning Projects; Grant 

Assurance 30, Civil Rights; Grant Assurance 32, Engineering and Design Services; Grant 

Assurance 33, Foreign Market Restrictions; and Grant Assurance 34, Policies, Standards, and 

Specifications. The terms, conditions, and assurances of the grant agreement shall remain in full 

force and effect during the life of the planning project. In addition, Grant Assurance 25, Airport 

Revenues, will apply where the planning grant applies to a specific airport. 

09/30/2009 5190.6B 

Page 4-5 

binding the sponsor to all federal grant assurances. 

(2). Group "B" Duration and Applicability, establishes the length of time that assurances remain 

in effect and identifies which assurances apply to the various programs or projects. 

(3). Group "C" Sponsor Certification, lists all of the standard assurances that the sponsor must 

adhere to under the grant agreement. 

d. Group A. The General assurance states the basic requirement for the sponsor to abide by 

all applicable assurances as a condition of accepting a federal grant for airport development, 

noise compatibility, and airport planning. The general assurance requires the sponsor to include 

these assurances as part of its grant application. When the sponsor accepts the grant offer, FAA 

incorporates these assurances into the grant agreement. When the sponsor accepts, the 

agreement binds both the federal government and the sponsor to its terms. 

e. Group B. The Duration and Applicability assurance identifies those assurances that apply to 

different types of grant programs and specifies the length of time the assurances remain in force. 

f. Group C. As of September 2009, there were 39 numbered assurances in the Sponsor 

Certification group for airport sponsors. All of these assurances apply to airport development 

programs and noise compatibility programs undertaken by an airport sponsor, but only 11 of 

them apply to planning projects undertaken by an airport sponsor. 

g. Grant Assurance Applicability. 

(1). Airport Sponsor Airport Development and Noise Compatibility. Requirements for 

airport development and noise compatibility programs undertaken by airport sponsors are the 

same. All 39 standard grant assurances for airport sponsors apply. 

(2). Airport Sponsor Planning. Requirements for airport sponsor planning projects are 

different from airport sponsor development or noise compatibility programs. Several of the 

numbered assurances for airport sponsors apply to airport planning projects: Grant Assurance 1, 

General Federal Requirements; Grant Assurance 2, Responsibility and Authority of the Sponsor; 

Grant Assurance 3, Sponsor Fund Availability; Grant Assurance 5, Preserving Rights and 

Powers; Grant Assurance 6, Consistency with Local Plans, Grant Assurance 13, Accounting 

System, Audit, and Record Keeping Requirements; Grant Assurance 18, Planning Projects; Grant 

Assurance 30, Civil Rights; Grant Assurance 32, Engineering and Design Services; Grant 

Assurance 33, Foreign Market Restrictions; and Grant Assurance 34, Policies, Standards, and 

Specifications. The terms, conditions, and assurances of the grant agreement shall remain in full 

force and effect during the life of the planning project. In addition, Grant Assurance 25, Airport 

Revenues, will apply where the planning grant applies to a specific airport. 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 26 of 74
09/30/2009 5190.6B 

Page 4-6 

(3). Nonairport 

Sponsor Noise 

Programs. The FAA

may also award grants

to nonairport 

sponsoring

government entities 

for noise compatibility

programs. These

would include 

adjacent communities

impacted by aircraft 

noise, but which are 

not sponsors of that 

airport. The 

assurances for these 

grants bind the 

sponsors to specific 

federal obligations.

While these

assurances are similar 

to the airport sponsor

assurances, there are 

some differences. 

Specifically, these 

assurances follow a 

different numbering 

scheme and exclude 

airport-specific requirements. For example, airport sponsor Grant Assurance 19, Operation and 

Maintenance, includes a section on operating the airport to serve aeronautical users. This applies

only to airport sponsors and is not part of the assurance for nonairport sponsors. For nonairport 

sponsors, the comparable assurance on operation and maintenance includes only the last section 

of Grant Assurance 19, Operation and Maintenance, which requires the grant recipient to 

operate and maintain noise compatibility items or noise program implementation items obtained 

with federal funds. Even though the assurances for airport sponsors and nonairport sponsors 

have different numbering and vary slightly, the subjects addressed are consistent. 

(4). Planning Agency Sponsors. A planning agency sponsor is a governmental entity that has 

planning responsibilities for an area that includes an airport, but is not the airport sponsor. A

separate set of standard assurances applies to planning agency sponsors. Several of the 

applicable assurances mirror the assurance topics for airport sponsor planning projects, but the 

language is slightly different.

Page 4-6 

(3). Nonairport 

Sponsor Noise 

Programs. The FAA 

may also award grants 

to nonairport 

sponsonng 

government entities 

for noise compatibility 

These 

include 

adjacent communities 

impacted by aircraft 

noise, but which are 

not sponsors of that 

airport. 

assurances for these 

grants bind the 

sponsors to specific 

federal obligations. 

these 

assurances are similar 

to the airport sponsor 

assurances, there are 

differences. 

Specifically, these 

assurances follow a 

different numbering FAA) 

scheme and exclude 

airport-specific requirements. For example, airport sponsor Grant Assurance 19, Operation and 

Maintenance, includes a section on operating the airport to serve aeronautical users. This applies 

only to airport sponsors and is not part of the assurance for nonairport sponsors. For nonairport 

sponsors, the comparable assurance on operation and maintenance includes only the last section 

of Grant Assurance 19, Operation and Maintenance, which requires the grant recipient to 

operate and maintain noise compatibility items or noise program implementation items obtained 

with federal funds. Even though the assurances for airport sponsors and nonairport sponsors 

have different numbering and vary slightly, the subjects addressed are consistent. 

programs, 

would 

'•ii 

The 

While 

Grant Assurance 4, Good Title, requires the airport sponsor to assure that good 

title exists or that the sponsor will acquire good title for any property where 

federal funds will be used. For airport development programs, the sponsor must 

assure that the sponsor, another public agency, or the federal government holds 

good title to the airfield or airport site. If not, the sponsor must give its 

assurance that it will acquire good title satisfactory to the Secretary. (Photo: 

some 

(4). Planning Agency Sponsors. A planning agency sponsor is a governmental entity that has 

planning responsibilities for an area that includes an airport, but is not the airport sponsor. A 

separate set of standard assurances applies to planning agency sponsors. Several of the 

applicable assurances mirror the assurance topics for airport sponsor planning projects, but the 

language is slightly different. 

09/30/2009 5190.6B 

Page 4-6 

(3). Nonairport 

Sponsor Noise 

Programs. The FAA 

may also award grants 

to nonairport 

sponsonng 

government entities 

for noise compatibility 

These 

include 

adjacent communities 

impacted by aircraft 

noise, but which are 

not sponsors of that 

airport. 

assurances for these 

grants bind the 

sponsors to specific 

federal obligations. 

these 

assurances are similar 

to the airport sponsor 

assurances, there are 

differences. 

Specifically, these 

assurances follow a 

different numbering FAA) 

scheme and exclude 

airport-specific requirements. For example, airport sponsor Grant Assurance 19, Operation and 

Maintenance, includes a section on operating the airport to serve aeronautical users. This applies 

only to airport sponsors and is not part of the assurance for nonairport sponsors. For nonairport 

sponsors, the comparable assurance on operation and maintenance includes only the last section 

of Grant Assurance 19, Operation and Maintenance, which requires the grant recipient to 

operate and maintain noise compatibility items or noise program implementation items obtained 

with federal funds. Even though the assurances for airport sponsors and nonairport sponsors 

have different numbering and vary slightly, the subjects addressed are consistent. 

programs, 

would 

'•ii 

The 

* 

While 

Grant Assurance 4, Good Title, requires the airport sponsor to assure that good 

title exists or that the sponsor will acquire good title for any property where 

federal funds will be used. For airport development programs, the sponsor must 

assure that the sponsor, another public agency, or the federal government holds 

good title to the airfield or airport site. If not, the sponsor must give its 

assurance that it will acquire good title satisfactory to the Secretary. (Photo: 

some 

(4). Planning Agency Sponsors. A planning agency sponsor is a governmental entity that has 

planning responsibilities for an area that includes an airport, but is not the airport sponsor. A 

separate set of standard assurances applies to planning agency sponsors. Several of the 

applicable assurances mirror the assurance topics for airport sponsor planning projects, but the 

language is slightly different. 

09/30/2009 5190.6B 

Grant Assurance 4, Good Title, requires the airport sponsor to assure that good 

title exists or that the sponsor will acquire good title for any property where 

federal funds will be used. For airport development programs, the sponsor must 

assure that the sponsor, another public agency, or the federal government holds 

good title to the airfield or airport site. If not, the sponsor must give its 

assurance that it will acquire good title satisfactory to the Secretary. (Photo: 

FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 27 of 74
09/30/2009 5190.6B 

Page 4-7 

A planning agency 

sponsor is a 

governmental entity 

that has planning 

responsibilities for an 

area that includes an 

airport, but is not the 

airport sponsor. 

h. Grant Assurance 

Duration.

(1). General. Most of the

assurances remain in effect

for the useful life of the 

facilities developed,

equipment acquired, or 

project items installed in the 

facilities, not to exceed 20 

years. Some assurances have 

no limit on the duration of 

terms; they remain in effect 

as long as the airport remains

an airport. This is true for

Grant Assurance 23, 

Exclusive Rights; Grant

Assurance 25, Airport

Revenues; and Grant 

Assurance 30, Civil Rights.

In addition, under AIP grants, 

the duration of the terms, 

conditions, and assurances do 

not expire with respect to real

property acquired with 

federal funds (land and 

appurtenances, when 

applicable) as covered by Grant Assurance 4, Good Title; Grant Assurance 31, Disposal of Land;

and Grant Assurance 35, Relocation and Real Property Acquisition.

(2). Intended Purpose. The FAA Office of Chief Counsel has indicated the FAA may

determine the useful life of an airport or airport facility has expired if it is no longer used or 

needed for the purpose for which it was developed.

Page 4-7 

A planning agency 

sponsor is a 

governmental entity 

that has planning 

responsibilities for an 

area that includes an 

airport, but is not the 

airport sponsor. 

or CENTRAL NEBRASKA 

REGIONAL AIRPORT 2 / 

r 

h. Grant 

Duration. 

Assurance I ] 

(1). General. Most of the 

assurances remain in effect 

for the useful life of the 

facilities developed, 

equipment acquired, or 

project items installed in the 

facilities, not to exceed 20 

Although not specifically mentioned in the standard grant assurances, 

the accepted useful life for personal property acquisitions, such as 

aircraft rescue and fire fighting (ARFF) or snow removal equipment is 

generally less than 20 years. The federal obligations associated with 

new ARFF equipment purchased with AIP funds is ten (10) years unless 

stated otherwise. The normal useful life of a piece of snow removal 

equipment is about ten (10) years. (Photos: FAA) 

years. Some assurances have 

no limit on the duration of 

terms; they remain in effect 

as long as the airport remains 

an airport. This is true for 

Grant Assurance 23, 

Exclusive Rights; Grant 

Assurance 25, Airport 

Revenues; and Grant 

Assurance 30, Civil Rights. 

In addition, under AIP grants, 

the duration of the terms, 

conditions, and assurances do 

not expire with respect to real 

property acquired with 

federal funds (land and 

when 

>» - f 

HHJf 

--as" of^l MJMMM 

Km .. 

iTri 

appurtenances, 

applicable) as covered by Grant Assurance 4, Good Title; Grant Assurance 31, Disposal of Land, 

and Grant Assurance 35, Relocation and Real Property Acquisition. 

(2). Intended Purpose. The FAA Office of Chief Counsel has indicated the FAA may 

determine the useful life of an airport or airport facility has expired if it is no longer used or 

needed for the purpose for which it was developed. 

5190.6B 09/30/2009 

Page 4-7 

A planning agency 

sponsor is a 

governmental entity 

that has planning 

responsibilities for an 

area that includes an 

airport, but is not the 

airport sponsor. 

or CENTRAL NEBRASKA 

REGIONAL AIRPORT 2 / 

r 

h. Grant 

Duration. 

Assurance I ] 

(1). General. Most of the 

assurances remain in effect 

for the useful life of the 

facilities developed, 

equipment acquired, or 

project items installed in the 

facilities, not to exceed 20 

Although not specifically mentioned in the standard grant assurances, 

the accepted useful life for personal property acquisitions, such as 

aircraft rescue and fire fighting (ARFF) or snow removal equipment is 

generally less than 20 years. The federal obligations associated with 

new ARFF equipment purchased with AIP funds is ten (10) years unless 

stated otherwise. The normal useful life of a piece of snow removal 

equipment is about ten (10) years. (Photos: FAA) 

years. Some assurances have 

no limit on the duration of 

terms; they remain in effect 

as long as the airport remains 

an airport. This is true for 

Grant Assurance 23, 

Exclusive Rights; Grant 

Assurance 25, Airport 

Revenues; and Grant 

Assurance 30, Civil Rights. 

In addition, under AIP grants, 

the duration of the terms, 

conditions, and assurances do 

not expire with respect to real 

property acquired with 

federal funds (land and 

appurtenances, 

applicable) as covered by Grant Assurance 4, Good Title; Grant Assurance 31, Disposal of Land, 

and Grant Assurance 35, Relocation and Real Property Acquisition. 

>» - f 

HHJf 

--as" of^l MJMMM 

Km .. 

iTri 

when 

(2). Intended Purpose. The FAA Office of Chief Counsel has indicated the FAA may 

determine the useful life of an airport or airport facility has expired if it is no longer used or 

needed for the purpose for which it was developed. 

5190.6B 09/30/2009 

Although not specifically mentioned in the standard grant assurances, 

the accepted useful life for personal property acquisitions, such as 

aircraft rescue and fire fighting (ARFF) or snow removal equipment is 

generally less than 20 years. The federal obligations associated with 

new ARFF equipment purchased with AIP funds is ten (10) years unless 

stated otherwise. The normal useful life of a piece of snow removal 

equipment is about ten (10) years. (Photos: FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 28 of 74
09/30/2009 5190.6B 

Page 4-8 

(3). Equipment. Although not specifically mentioned in the standard grant assurances, the 

accepted useful life for personal property acquisitions, such as aircraft rescue and fire fighting

(ARFF) or snow removal equipment is generally less than 20 years. The duration of this federal 

obligation for equipment was generally one (1) year in cases where surplus used personal 

property was accepted from the U.S. Government; however, the federal obligations associated 

with new ARFF equipment purchased with AIP funds is ten (10) years unless stated otherwise. 

The normal useful life of a piece of snow removal equipment is about ten (10) years. (See 

Program Guidance Letter 08-04, AIP Eligibility for Snow Removal Equipment (SRE), dated April

24, 2008, which is available online. See also chapter 23 of this Order, Reversions of Airport 

Property, for information related to the release of personal property federal obligations.) 

(4). Private Airport Sponsors. The requirements for airport development and noise 

compatibility programs undertaken by an airport sponsor apply to both public agency sponsors 

and private sponsors. However, for private sponsors there is an added requirement that the 

minimum applicable duration will not be less than ten (10) years, regardless of the useful life.

i. Agency Responsibilities. The Airport Compliance Division (ACO-100) deals primarily with 

the set of standard assurances for airport sponsors. The FAA Office of Airport Planning and 

Programming (APP) handles issues involving standard grant assurances for planning agencies 

and nonairport sponsors. The ADOs and regional airports divisions ensure that the sponsor 

understands and complies with the applicable assurances. 

4.7. through 4.10. reserved.

Page 4-8 

(3). Equipment. Although not specifically mentioned in the standard grant assurances, the 

accepted useful life for personal property acquisitions, such as aircraft rescue and fire fighting 

(ARFF) or snow removal equipment is generally less than 20 years. The duration of this federal 

obligation for equipment was generally one (1) year in cases where surplus used personal 

property was accepted from the U.S. Government; however, the federal obligations associated 

with new ARFF equipment purchased with AIP funds is ten (10) years unless stated otherwise. 

The normal useful life of a piece of snow removal equipment is about ten (10) years. (See 

Program Guidance Letter 08-04, AIP Eligibility for Snow Removal Equipment (SRE), dated April 

24, 2008, which is available online. See also chapter 23 of this Order, Reversions of Airport 

Property, for information related to the release of personal property federal obligations.) 

(4). Private Airport Sponsors. The requirements for airport development and noise 

compatibility programs undertaken by an airport sponsor apply to both public agency sponsors 

and private sponsors. However, for private sponsors there is an added requirement that the 

minimum applicable duration will not be less than ten (10) years, regardless of the useful life. 

i. Agency Responsibilities. The Airport Compliance Division (ACO-100) deals primarily with 

the set of standard assurances for airport sponsors. The FAA Office of Airport Planning and 

Programming (APP) handles issues involving standard grant assurances for planning agencies 

and nonairport sponsors. The ADOs and regional airports divisions ensure that the sponsor 

understands and complies with the applicable assurances. 

4.7. through 4.10. reserved. 

09/30/2009 5190.6B 

Page 4-8 

(3). Equipment. Although not specifically mentioned in the standard grant assurances, the 

accepted useful life for personal property acquisitions, such as aircraft rescue and fire fighting 

(ARFF) or snow removal equipment is generally less than 20 years. The duration of this federal 

obligation for equipment was generally one (1) year in cases where surplus used personal 

property was accepted from the U.S. Government; however, the federal obligations associated 

with new ARFF equipment purchased with AIP funds is ten (10) years unless stated otherwise. 

The normal useful life of a piece of snow removal equipment is about ten (10) years. (See 

Program Guidance Letter 08-04, AIP Eligibility for Snow Removal Equipment (SRE), dated April 

24, 2008, which is available online. See also chapter 23 of this Order, Reversions of Airport 

Property, for information related to the release of personal property federal obligations.) 

(4). Private Airport Sponsors. The requirements for airport development and noise 

compatibility programs undertaken by an airport sponsor apply to both public agency sponsors 

and private sponsors. However, for private sponsors there is an added requirement that the 

minimum applicable duration will not be less than ten (10) years, regardless of the useful life. 

i. Agency Responsibilities. The Airport Compliance Division (ACO-100) deals primarily with 

the set of standard assurances for airport sponsors. The FAA Office of Airport Planning and 

Programming (APP) handles issues involving standard grant assurances for planning agencies 

and nonairport sponsors. The ADOs and regional airports divisions ensure that the sponsor 

understands and complies with the applicable assurances. 

4.7. through 4.10. reserved. 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 29 of 74
09/30/2009 5190.6B 

Page 4-9 

Table 4.1 Grant Assurance Applicability 

Page 4-9 

Table 4.1 Grant Assurance Applicability 

Airport Sponsor Nonsponsor 

Grant Assurance Development Noise Planning Noise Planning 

#1 General Federal Requirements X X X X X 

2 Responsibility and Authority of the Sponsor X X X X X 

3 Sponsor Fund Availability X X X X X 

4 Good Title X X X 

5 Preserving Rights and Powers X X X X X 

6 Consistency with Local Plans X X X X X 

7 Consideration of Local Interest X X X 

8 Consultation with Users X X 

#9 Public Hearings X X 

#10 Air and Water Quality Standards X X 

#11 Pavement Preventive Maintenance X X 

#12 Terminal Development Prerequisites X X 

#13 Accounting System, Audit and Record Keeping X X X X X 

#14 Minimum Wage Rates X X X 

#15 Veteran's Preference X X X 

#16 Conformity to Plans and Specifications X X X 

#17 Construction Inspection and Approval X X X 

#18 Planning Projects X X X X 

#19 Operations and Maintenance X X X 

#20 Hazard Removal and Mitigation X X X 

#21 Compatible Land Use X X X 

#22 Economic Nondiscrimination X X 

#23 Exclusive Rights X X 

#24 Fee and Rental Structure X X 

#25 Airport Revenues X X 

#26 Reports and Inspections X X X X 

#27 Use by Federal Government Aircraft X X 

#28 Land for Federal Facilities X X 

#29 Airport Layout Plan X X 

#30 Civil Rights X X X X X 

#31 Disposal of Land X X X 

#32 Engineering and Design Services X X X X X 

#33 Foreign Market Restrictions X X X X X 

#34 Policies, Standards, and Specifications X X X X 

#35 Relocation and Real Property Acquisition X X X 

#36 Access by Intercity Buses X X 

#37 Disadvantaged Business Enterprises (DBE) X X X X 

#38 Hangar Construction X X 

#39 Competitive Access X X 

* Standard grant assurances for nonairport sponsors of noise compatibility programs and for 

planning agency sponsors of planning programs are numbered differently and vary slightly in 

language. 

09/30/2009 5190.6B 

Page 4-9 

Table 4.1 Grant Assurance Applicability 

Airport Sponsor Nonsponsor 

Grant Assurance Development Noise Planning Noise Planning 

#1 General Federal Requirements X X X X X 

2 Responsibility and Authority of the Sponsor X X X X X 

3 Sponsor Fund Availability X X X X X 

4 Good Title X X X 

5 Preserving Rights and Powers X X X X X 

6 Consistency with Local Plans X X X X X 

7 Consideration of Local Interest X X X 

8 Consultation with Users X X 

#9 Public Hearings X X 

#10 Air and Water Quality Standards X X 

#11 Pavement Preventive Maintenance X X 

#12 Terminal Development Prerequisites X X 

#13 Accounting System, Audit and Record Keeping X X X X X 

#14 Minimum Wage Rates X X X 

#15 Veteran's Preference X X X 

#16 Conformity to Plans and Specifications X X X 

#17 Construction Inspection and Approval X X X 

#18 Planning Projects X X X X 

#19 Operations and Maintenance X X X 

#20 Hazard Removal and Mitigation X X X 

#21 Compatible Land Use X X X 

#22 Economic Nondiscrimination X X 

#23 Exclusive Rights X X 

#24 Fee and Rental Structure X X 

#25 Airport Revenues X X 

#26 Reports and Inspections X X X X 

#27 Use by Federal Government Aircraft X X 

#28 Land for Federal Facilities X X 

#29 Airport Layout Plan X X 

#30 Civil Rights X X X X X 

#31 Disposal of Land X X X 

#32 Engineering and Design Services X X X X X 

#33 Foreign Market Restrictions X X X X X 

#34 Policies, Standards, and Specifications X X X X 

#35 Relocation and Real Property Acquisition X X X 

#36 Access by Intercity Buses X X 

#37 Disadvantaged Business Enterprises (DBE) X X X X 

#38 Hangar Construction X X 

#39 Competitive Access X X 

* Standard grant assurances for nonairport sponsors of noise compatibility programs and for 

planning agency sponsors of planning programs are numbered differently and vary slightly in 

language. 

09/30/2009 5190.6B 

Airport Sponsor Nonsponsor

Grant Assurance Development Noise Planning Noise Planning 

#1 General Federal Requirements X X X X X 

2 Responsibility and Authority of the Sponsor X X X X X 

3 Sponsor Fund Availability X X X X X 

4 Good Title X X X

5 Preserving Rights and Powers X X X X X 

6 Consistency with Local Plans X X X X X 

7 Consideration of Local Interest X X X

8 Consultation with Users X X 

#9 Public Hearings X X 

#10 Air and Water Quality Standards X X 

#11 Pavement Preventive Maintenance X X 

#12 Terminal Development Prerequisites X X 

#13 Accounting System, Audit and Record Keeping X X X X X 

#14 Minimum Wage Rates X X X

#15 Veteran’s Preference X X X

#16 Conformity to Plans and Specifications X X X

#17 Construction Inspection and Approval X X X

#18 Planning Projects X X X X

#19 Operations and Maintenance X X X

#20 Hazard Removal and Mitigation X X X

#21 Compatible Land Use X X X

#22 Economic Nondiscrimination X X 

#23 Exclusive Rights X X 

#24 Fee and Rental Structure X X 

#25 Airport Revenues X X 

#26 Reports and Inspections X X X X

#27 Use by Federal Government Aircraft X X 

#28 Land for Federal Facilities X X 

#29 Airport Layout Plan X X 

#30 Civil Rights X X X X X 

#31 Disposal of Land X X X

#32 Engineering and Design Services X X X X X 

#33 Foreign Market Restrictions X X X X X 

#34 Policies, Standards, and Specifications X X X X

#35 Relocation and Real Property Acquisition X X X

#36 Access by Intercity Buses X X 

#37 Disadvantaged Business Enterprises (DBE) X X X X

#38 Hangar Construction X X 

#39 Competitive Access X X 

* Standard grant assurances for nonairport sponsors of noise compatibility programs and for 

planning agency sponsors of planning programs are numbered differently and vary slightly in 

language.

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 30 of 74
09/30/2009 5190.6B 

Page 4-10 

Table 4.2 Standard Grant Assurance Applied to Airport Programs and Projects 

Page 4-10 

Table 4.2 Standard Grant Assurance Applied to Airport Programs and Projects 

Type of Assurance Type of Program 

Airport Sponsor Airport Development 

Airport Sponsor Noise Compatibility 

Airport Sponsor Planning Projects 

Planning Agency Planning Projects 

Nonairport Sponsor Noise Compatibility 

Table 4.3 Grant Assurance Duration 

Project Type and Entity Duration 

Public Sponsor Airport Development 

Exclusive Rights, 23 No limit 

Airport Revenue, 25 No limit 

Real Property, 4, 31, 35 No limit 

Other Assurances, 1-3, 5-22, 26-29, 32-34, 36- Useful life not to exceed 20 years 

39 

Public Sponsor Aircraft Noise Same as for airport development 

Public Sponsor Planning Life of project 

Grant Assurances 1-3, 5-6, 13, 18, 30, 32-34 

Private Sponsor Airport Development Same as for public sponsor airport development except 

useful life may be no less than 10 years. 

Private Sponsor Noise Same as for public sponsor 

Private Sponsor Planning Same as for public sponsor 

Non Airport Sponsor Noise - General Useful life not to exceed 20 years 

Non Airport Sponsor Noise - Land No limit 

Non Airport Sponsor - Planning Life of project 

Planning Agency - Planning Life of project 

Civil Rights Assurance for any project Specified in the assurance 

09/30/2009 5190.6B 

Page 4-10 

Table 4.2 Standard Grant Assurance Applied to Airport Programs and Projects 

Type of Assurance Type of Program 

Airport Sponsor Airport Development 

Airport Sponsor Noise Compatibility 

Airport Sponsor Planning Projects 

Planning Agency Planning Projects 

Nonairport Sponsor Noise Compatibility 

Table 4.3 Grant Assurance Duration 

Project Type and Entity Duration 

Public Sponsor Airport Development 

Exclusive Rights, 23 No limit 

Airport Revenue, 25 No limit 

Real Property, 4, 31, 35 No limit 

Other Assurances, 1-3, 5-22, 26-29, 32-34, 36- Useful life not to exceed 20 years 

39 

Public Sponsor Aircraft Noise Same as for airport development 

Public Sponsor Planning Life of project 

Grant Assurances 1-3, 5-6, 13, 18, 30, 32-34 

Private Sponsor Airport Development Same as for public sponsor airport development except 

useful life may be no less than 10 years. 

Private Sponsor Noise Same as for public sponsor 

Private Sponsor Planning Same as for public sponsor 

Non Airport Sponsor Noise - General Useful life not to exceed 20 years 

Non Airport Sponsor Noise - Land No limit 

Non Airport Sponsor - Planning Life of project 

Planning Agency - Planning Life of project 

Civil Rights Assurance for any project Specified in the assurance 

09/30/2009 5190.6B 

Type of Assurance Type of Program 

Airport Sponsor Airport Development 

Airport Sponsor Noise Compatibility 

Airport Sponsor Planning Projects

Planning Agency Planning Projects

Nonairport Sponsor Noise Compatibility 

Table 4.3 Grant Assurance Duration 

Project Type and Entity Duration 

Public Sponsor Airport Development 

Exclusive Rights, 23 No limit 

Airport Revenue, 25 No limit 

Real Property, 4, 31, 35 No limit 

Other Assurances, 1-3, 5-22, 26-29, 32-34, 36-

39

Useful life not to exceed 20 years 

Public Sponsor Aircraft Noise Same as for airport development

Public Sponsor Planning Life of project

Grant Assurances 1-3, 5-6, 13, 18, 30, 32-34 

Private Sponsor Airport Development Same as for public sponsor airport development except

useful life may be no less than 10 years. 

Private Sponsor Noise Same as for public sponsor

Private Sponsor Planning Same as for public sponsor

Non Airport Sponsor Noise – General Useful life not to exceed 20 years 

Non Airport Sponsor Noise – Land No limit 

Non Airport Sponsor - Planning Life of project

Planning Agency – Planning Life of project

Civil Rights Assurance for any project Specified in the assurance 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 31 of 74
09/30/2009 5190.6B 

Page 4-11 

Table 4.4 Typical Grant History for a Specific Airport 

McClelland-Palomar Airport, San Diego, California (CRQ) 

1983-2005

Grant 

Number FY Description Entitlement Discretionary Total

Page 4-11 

Table 4.4 Typical Grant History for a Specific Airport 

McClelland-Palomar Airport, San Diego, California (CRQ) 

1983-2005 

Grant 

Number 

FY Description Entitlement Discretionary Total 

001-1983 1983 Rehabilitate Taxiway 0.00 352,258.00 352,258.00 

Groove Runway 0.00 204,010.00 204,010.00 

002-1988 1988 Rehabilitate Taxiway Lighting 125,000.00 0.00 125,000.00 

Install Runway Lighting 175,000.00 0.00 175,000.00 

Install Apron Lighting 100,000.00 0.00 100,000.00 

003-1988 1988 Conduct Noise Compatibility Plan Study 0.00 133,220.00 133,220.00 

004-1991 1991 Improve Access Road 128,000.00 0.00 128,000.00 

Install Perimeter Fencing 37,641.00 0.00 37,641.00 

005-1992 1992 Rehabilitate Apron 500,000.00 75,000.00 575,000.00 

Construct Apron 500,000.00 75,000.00 575,000.00 

006-1992 1992 Noise Mitigation Measures 0.00 390,124.00 390,124.00 

007-1993 1993 Conduct Airport Master Plan Study 0.00 126,000.00 126,000.00 

008-1994 1994 Acquire Security Equipment 70,000.00 0.00 70,000.00 

Expand Apron 33,443.00 0.00 33,443.00 

Acquire Aircraft Rescue & Fire Fighting Safety 

Equipment 126,000.00 0.00 126,000.00 

009-1995 1995 Acquire Security Equipment 205,934.00 0.00 205,934.00 

Install Guidance Signs 236,099.00 0.00 236,099.00 

Install Apron Lighting 178,246.00 0.00 178,246.00 

Extend Runway 100,000.00 0.00 100,000.00 

Extend Taxiway 100,000.00 0.00 100,000.00 

010-1997 1997 Extend Runway 605,451.00 0.00 605,451.00 

Improve Runway Safety Area 200,000.00 150,818.00 350,818.00 

Extend Taxiway 200,000.00 0.00 200,000.00 

011-1999 1999 Rehabilitate Taxiway 0.00 806,000.00 806,000.00 

Groove Runway 363,664.00 0.00 363,664.00 

Construct Taxiway 0.00 144,000.00 144,000.00 

012-1999 1999 Groove Runway 18,259.00 0.00 18,259.00 

013-2000 2000 Construct Taxiway 650,000.00 0.00 650,000.00 

014-2001 2001 Conduct Noise Compatibility Plan Study 0.00 200,000.00 200,000.00 

015-2001 2001 Construct Taxiway 805,754.00 43,529.00 849,283.00 

017-2002 p002 Construct Taxiway 298,552.00 0.00 298,552.00 

018-2003 2003 Construct Apron 800,000.00 0.00 800,000.00 

Acquire Land for Development 1,098,552.00 284,783.00 1,383,335.00 

019-2004 2004 Conduct Noise Compatibility Plan Study 55,071.00 0.00 55,071.00 

Rehabilitate Taxiway 209,000.00 0.00 209,000.00 

Acquire Land for Development 1,123,238.00 0.00 1,123,238.00 

020-2005 2005 Acquire Aircraft Rescue & Fire Fighting Vehicle 0.00 495,000.00 495,000.00 

Improve Runway Safety Area 0.00 630,000.00 630,000.00 

TOTAL GRANTS $13,152,646.00 

09/30/2009 5190.6B 

Page 4-11 

Table 4.4 Typical Grant History for a Specific Airport 

McClelland-Palomar Airport, San Diego, California (CRQ) 

1983-2005 

Grant 

Number 

FY Description Entitlement Discretionary Total 

001-1983 1983 Rehabilitate Taxiway 0.00 352,258.00 352,258.00 

Groove Runway 0.00 204,010.00 204,010.00 

002-1988 1988 Rehabilitate Taxiway Lighting 125,000.00 0.00 125,000.00 

Install Runway Lighting 175,000.00 0.00 175,000.00 

Install Apron Lighting 100,000.00 0.00 100,000.00 

003-1988 1988 Conduct Noise Compatibility Plan Study 0.00 133,220.00 133,220.00 

004-1991 1991 Improve Access Road 128,000.00 0.00 128,000.00 

Install Perimeter Fencing 37,641.00 0.00 37,641.00 

005-1992 1992 Rehabilitate Apron 500,000.00 75,000.00 575,000.00 

Construct Apron 500,000.00 75,000.00 575,000.00 

006-1992 1992 Noise Mitigation Measures 0.00 390,124.00 390,124.00 

007-1993 1993 Conduct Airport Master Plan Study 0.00 126,000.00 126,000.00 

008-1994 1994 Acquire Security Equipment 70,000.00 0.00 70,000.00 

Expand Apron 33,443.00 0.00 33,443.00 

Acquire Aircraft Rescue & Fire Fighting Safety 

Equipment 126,000.00 0.00 126,000.00 

009-1995 1995 Acquire Security Equipment 205,934.00 0.00 205,934.00 

Install Guidance Signs 236,099.00 0.00 236,099.00 

Install Apron Lighting 178,246.00 0.00 178,246.00 

Extend Runway 100,000.00 0.00 100,000.00 

Extend Taxiway 100,000.00 0.00 100,000.00 

010-1997 1997 Extend Runway 605,451.00 0.00 605,451.00 

Improve Runway Safety Area 200,000.00 150,818.00 350,818.00 

Extend Taxiway 200,000.00 0.00 200,000.00 

011-1999 1999 Rehabilitate Taxiway 0.00 806,000.00 806,000.00 

Groove Runway 363,664.00 0.00 363,664.00 

Construct Taxiway 0.00 144,000.00 144,000.00 

012-1999 1999 Groove Runway 18,259.00 0.00 18,259.00 

013-2000 2000 Construct Taxiway 650,000.00 0.00 650,000.00 

014-2001 2001 Conduct Noise Compatibility Plan Study 0.00 200,000.00 200,000.00 

015-2001 2001 Construct Taxiway 805,754.00 43,529.00 849,283.00 

017-2002 p002 Construct Taxiway 298,552.00 0.00 298,552.00 

018-2003 2003 Construct Apron 800,000.00 0.00 800,000.00 

Acquire Land for Development 1,098,552.00 284,783.00 1,383,335.00 

019-2004 2004 Conduct Noise Compatibility Plan Study 55,071.00 0.00 55,071.00 

Rehabilitate Taxiway 209,000.00 0.00 209,000.00 

Acquire Land for Development 1,123,238.00 0.00 1,123,238.00 

020-2005 2005 Acquire Aircraft Rescue & Fire Fighting Vehicle 0.00 495,000.00 495,000.00 

Improve Runway Safety Area 0.00 630,000.00 630,000.00 

TOTAL GRANTS $13,152,646.00 

09/30/2009 5190.6B 

001-1983 1983 Rehabilitate Taxiway 0.00 352,258.00 352,258.00 

 Groove Runway 0.00 204,010.00 204,010.00 

002-1988 1988 Rehabilitate Taxiway Lighting 125,000.00 0.00 125,000.00 

Install Runway Lighting 175,000.00 0.00 175,000.00 

Install Apron Lighting 100,000.00 0.00 100,000.00 

003-1988 1988 Conduct Noise Compatibility Plan Study 0.00 133,220.00 133,220.00 

004-1991 1991 Improve Access Road 128,000.00 0.00 128,000.00 

Install Perimeter Fencing 37,641.00 0.00 37,641.00

005-1992 1992 Rehabilitate Apron 500,000.00 75,000.00 575,000.00 

 Construct Apron 500,000.00 75,000.00 575,000.00 

006-1992 1992 Noise Mitigation Measures 0.00 390,124.00 390,124.00 

007-1993 1993 Conduct Airport Master Plan Study 0.00 126,000.00 126,000.00 

008-1994 1994 Acquire Security Equipment 70,000.00 0.00 70,000.00

 Expand Apron 33,443.00 0.00 33,443.00

Acquire Aircraft Rescue & Fire Fighting Safety

Equipment 126,000.00 0.00 126,000.00 

009-1995 1995 Acquire Security Equipment 205,934.00 0.00 205,934.00 

Install Guidance Signs 236,099.00 0.00 236,099.00 

Install Apron Lighting 178,246.00 0.00 178,246.00 

 Extend Runway 100,000.00 0.00 100,000.00 

 Extend Taxiway 100,000.00 0.00 100,000.00 

010-1997 1997 Extend Runway 605,451.00 0.00 605,451.00 

 Improve Runway Safety Area 200,000.00 150,818.00 350,818.00 

 Extend Taxiway 200,000.00 0.00 200,000.00 

011-1999 1999 Rehabilitate Taxiway 0.00 806,000.00 806,000.00 

 Groove Runway 363,664.00 0.00 363,664.00 

 Construct Taxiway 0.00 144,000.00 144,000.00 

012-1999 1999 Groove Runway 18,259.00 0.00 18,259.00

013-2000 2000 Construct Taxiway 650,000.00 0.00 650,000.00 

014-2001 2001 Conduct Noise Compatibility Plan Study 0.00 200,000.00 200,000.00 

015-2001 2001 Construct Taxiway 805,754.00 43,529.00 849,283.00

017-2002 2002 Construct Taxiway 298,552.00 0.00 298,552.00 

018-2003 2003 Construct Apron 800,000.00 0.00 800,000.00

 Acquire Land for Development 1,098,552.00 284,783.00 1,383,335.00 

019-2004 2004 Conduct Noise Compatibility Plan Study 55,071.00 0.00 55,071.00

 Rehabilitate Taxiway 209,000.00 0.00 209,000.00 

 Acquire Land for Development 1,123,238.00 0.00 1,123,238.00 

020-2005 2005 Acquire Aircraft Rescue & Fire Fighting Vehicle 0.00 495,000.00 495,000.00 

 Improve Runway Safety Area 0.00 630,000.00 630,000.00 

TOTAL GRANTS $13,152,646.00

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 32 of 74
09/30/2009 5190.6B 

Page 4-12 

Federal Aid to Airports Program (FAAP) 

Year Announced

Allocation

Number of

Airports Year AnnouncedAllocation

Number of

Airports 

Page 4-12 

Federal Aid to Airports Program (FAAP) 

Announced 

Allocation 

Number of Announced 

Allocation 

Number of Year Year Airports Airports 

1947-48 66.6 908 1960 57.1 288 

1949 35.1 455 1961 58.8 314 

1950 29.8 314 1962 70.1 327 

1951 24.8 186 1963 74.3 419 

1952 15.0 226 1964 76.0 452 

1953 10.0 169 1965 72.6 413 

1954 (No program) (No program) 1966 84.5 445 

1955 20.4 164 1967 72.5 341 

19561 58.3 524 1968 70.2 386 

1957 51.9 368 1969 74.7 397 

1958 55.0 334 1970 34.1 177 

1959 63.6 358 

Airport Development Aid Program (ADAP) and Planning Grant Program (PGP) 

ADAP: 

Net Obligations 

170.0 

ADAP: PGP: 

Net Obligations 

PGP: 

Grants Issued Year No. of Projects 

1971 231 3.6 42 

1972 280.0 464 9.0 180 

1973 206.6 450 9.6 275 

1974 299.7 646 8.2 277 

1975 339.9 643 9.6 286 

1976 & Tran. Qtr. 416.3 525 6.0 122 

1977 506.3 757 11.8 205 

1978 539.8 761 14.0 242 

1979 624.2 858 15.0 241 

1980 639.0 817 10.0 165 

1981 438.5 622 (No program) (No program) 

09/30/2009 5190.6B 

Page 4-12 

Federal Aid to Airports Program (FAAP) 

Announced 

Allocation 

Number of Announced 

Allocation 

Number of Year Year Airports Airports 

1947-48 66.6 908 1960 57.1 288 

1949 35.1 455 1961 58.8 314 

1950 29.8 314 1962 70.1 327 

1951 24.8 186 1963 74.3 419 

1952 15.0 226 1964 76.0 452 

1953 10.0 169 1965 72.6 413 

1954 (No program) (No program) 1966 84.5 445 

1955 20.4 164 1967 72.5 341 

19561 58.3 524 1968 70.2 386 

1957 51.9 368 1969 74.7 397 

1958 55.0 334 1970 34.1 177 

1959 63.6 358 

Airport Development Aid Program (ADAP) and Planning Grant Program (PGP) 

ADAP: 

Net Obligations 

170.0 

ADAP: PGP: 

Net Obligations 

PGP: 

Grants Issued Year No. of Projects 

1971 231 3.6 42 

1972 280.0 464 9.0 180 

1973 206.6 450 9.6 275 

1974 299.7 646 8.2 277 

1975 339.9 643 9.6 286 

1976 & Tran. Qtr. 416.3 525 6.0 122 

1977 506.3 757 11.8 205 

1978 539.8 761 14.0 242 

1979 624.2 858 15.0 241 

1980 639.0 817 10.0 165 

1981 438.5 622 (No program) (No program) 

09/30/2009 5190.6B 

1947-48 66.6 908 1960 57.1 288 

1949 35.1 455 1961 58.8 314 

1950 29.8 314 1962 70.1 327 

1951 24.8 186 1963 74.3 419 

1952 15.0 226 1964 76.0 452 

1953 10.0 169 1965 72.6 413 

1954 (No program) (No program) 1966 84.5 445 

1955 20.4 164 1967 72.5 341 

19561 58.3 524 1968 70.2 386 

1957 51.9 368 1969 74.7 397 

1958 55.0 334 1970 34.1 177 

1959 63.6 358 

Airport Development Aid Program (ADAP) and Planning Grant Program (PGP) 

Year ADAP: 

Net Obligations 

ADAP: 

No. of Projects

PGP:

Net Obligations 

PGP:

Grants Issued 

1971 170.0 231 3.6 42

1972 280.0 464 9.0 180

1973 206.6 450 9.6 275

1974 299.7 646 8.2 277

1975 339.9 643 9.6 286

1976 & Tran. Qtr. 416.3 525 6.0 122 

1977 506.3 757 11.8 205

1978 539.8 761 14.0 242

1979 624.2 858 15.0 241

1980 639.0 817 10.0 165

1981 438.5 622 (No program) (No program)

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 33 of 74
09/30/2009 5190.6B 

Page 8-1 

Chapter 8. Exclusive Rights 

8.1. Introduction. This chapter describes the sponsor's federal obligations under Grant

Assurance 23, Exclusive Rights, which prohibits an airport sponsor from granting an exclusive

right for the use of the airport, including granting an exclusive right to any person or entity 

providing or intending to provide aeronautical services to the public. 

In particular, the sponsor may not grant a special privilege or a monopoly to anyone providing 

aeronautical services on the airport or engaging in an aeronautical use. The intent of this

restriction is to promote aeronautical activity and protect fair competition at federally obligated 

airports.

It is the responsibility of the FAA airports district offices (ADOs) and regional airports divisions 

to ensure that the sponsor has not extended any exclusive right to any airport operator or user. 

8.2. Definition of an Exclusive Right. An exclusive right is defined as a power, privilege, or 

other right excluding or debarring another from enjoying or exercising a like power, privilege or

right. An exclusive right may be conferred either by express agreement, by imposition of 

unreasonable standards or requirements or by another means. Such a right conferred on one or 

more parties, but excluding others from enjoying or exercising a similar right or right, would be

an exclusive right.16

8.3. Legislative and Statutory History.

a. General. Through the years, the exclusive rights provision has become a federal obligation 

that applies in cases involving airport development grants, and surplus and nonsurplus 

conveyances of federal property.17

The prohibition against exclusive rights is contained in 

section 303 of the Civil Aeronautics Act of 1938 (P.L. No. 

75-706, 52 Stat. 973) and applies to any airport upon which 

any federal funds have been expended. 

b. 1938 to Date. The exclusive rights provision is the oldest federal obligation affecting

federally funded airports. The legislative background for the exclusive rights provisions began 

in l938. The prohibition against exclusive rights was first contained in section 303 of the Civil 

Aeronautics Act of 1938 (Public Law (P.L.) No. 75-706, 52 Stat. 973 recodified at 49 United 

States Code (U.S.C.) 40103(e) ) and applies to any airport upon which any federal funds have 

been expended. 

Page 8-1 

Chapter 8. Exclusive Rights 

8.1. Introduction. This chapter describes the sponsor's federal obligations under Grant 

Assurance 23, Exclusive Rights, which prohibits an airport sponsor from granting an exclusive 

right for the use of the airport, including granting an exclusive right to any person or entity 

providing or intending to provide aeronautical services to the public. 

In particular, the sponsor may not grant a special privilege or a monopoly to anyone providing 

aeronautical services on the airport or engaging in an aeronautical use. The intent of this 

restriction is to promote aeronautical activity and protect fair competition at federally obligated 

airports. 

It is the responsibility of the FAA airports district offices (ADOs) and regional airports divisions 

to ensure that the sponsor has not extended any exclusive right to any airport operator or user. 

8.2. Definition of an Exclusive Right. An exclusive right is defined as a power, privilege, or 

other right excluding or debarring another from enjoying or exercising a like power, privilege or 

right. An exclusive right may be conferred either by express agreement, by imposition of 

unreasonable standards or requirements or by another means. Such a right conferred on one or 

more parties, but excluding others from enjoying or exercising a similar right or right, would be 

an exclusive right.16 

8.3. Legislative and Statutory History. 

a. General. Through the years, the exclusive rights provision has become a federal obligation 

that applies in cases involving airport development grants, and surplus and nonsurplus 

conveyances of federal property.17 

The prohibition against exclusive rights is contained in 

section 303 of the Civil Aeronautics Act of1938 (P.L. No. 

75-706, 52 Stat. 973) and applies to any airport upon which 

any federal funds have been expended. 

b. 1938 to Date. The exclusive rights provision is the oldest federal obligation affecting 

federally funded airports. The legislative background for the exclusive rights provisions began 

in l938. The prohibition against exclusive rights was first contained in section 303 of the Civil 

Aeronautics Act of 1938 (Public Law (P.L.) No. 75-706, 52 Stat. 973 recodified at 49 United 

States Code (U.S.C.) 40103(e) ) and applies to any airport upon which any federal funds have 

been expended. 

16 30 Fed. Reg. 13661, see also AC 150/5190.6, Appendix 1. 

17 The applicable grant programs were the Federal Aid to Airports Program (FAAP), Airport Development Aid 

Program (ADAP), and Airport Improvement Program (AIP). 

09/30/2009 5190.6B 

Page 8-1 

Chapter 8. Exclusive Rights 

8.1. Introduction. This chapter describes the sponsor's federal obligations under Grant 

Assurance 23, Exclusive Rights, which prohibits an airport sponsor from granting an exclusive 

right for the use of the airport, including granting an exclusive right to any person or entity 

providing or intending to provide aeronautical services to the public. 

In particular, the sponsor may not grant a special privilege or a monopoly to anyone providing 

aeronautical services on the airport or engaging in an aeronautical use. The intent of this 

restriction is to promote aeronautical activity and protect fair competition at federally obligated 

airports. 

It is the responsibility of the FAA airports district offices (ADOs) and regional airports divisions 

to ensure that the sponsor has not extended any exclusive right to any airport operator or user. 

8.2. Definition of an Exclusive Right. An exclusive right is defined as a power, privilege, or 

other right excluding or debarring another from enjoying or exercising a like power, privilege or 

right. An exclusive right may be conferred either by express agreement, by imposition of 

unreasonable standards or requirements or by another means. Such a right conferred on one or 

more parties, but excluding others from enjoying or exercising a similar right or right, would be 

an exclusive right.16 

8.3. Legislative and Statutory History. 

a. General. Through the years, the exclusive rights provision has become a federal obligation 

that applies in cases involving airport development grants, and surplus and nonsurplus 

conveyances of federal property.17 

The prohibition against exclusive rights is contained in 

section 303 of the Civil Aeronautics Act of1938 (P.L. No. 

75-706, 52 Stat. 973) and applies to any airport upon which 

any federal funds have been expended. 

b. 1938 to Date. The exclusive rights provision is the oldest federal obligation affecting 

federally funded airports. The legislative background for the exclusive rights provisions began 

in l938. The prohibition against exclusive rights was first contained in section 303 of the Civil 

Aeronautics Act of 1938 (Public Law (P.L.) No. 75-706, 52 Stat. 973 recodified at 49 United 

States Code (U.S.C.) 40103(e) ) and applies to any airport upon which any federal funds have 

been expended. 

16 30 Fed. Reg. 13661, see also AC 150/5190.6, Appendix 1. 

17 The applicable grant programs were the Federal Aid to Airports Program (FAAP), Airport Development Aid 

Program (ADAP), and Airport Improvement Program (AIP). 

09/30/2009 5190.6B 

16 30 Fed. Reg. 13661, see also AC 150/5190.6, Appendix 1. 17 The applicable grant programs were the Federal Aid to Airports Program (FAAP), Airport Development Aid

Program (ADAP), and Airport Improvement Program (AIP).

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 34 of 74
09/30/2009 5190.6B 

Page 8-2 

To develop and improve airports between 1939 and 1944, Congress authorized the Development 

of Landing Areas National Defense (DLAND) and the Development of Civil Landing Areas

(DCLA) programs. In accordance with these programs, the federal government and the sponsor 

entered into an agreement, called an AP-4 Agreement, by which the sponsor provided the land 

and the federal government developed the airport. AP-4 Agreements contained a covenant

stating that the sponsor would operate the airport without the grant or exercise of any exclusive 

right for the use of the airport within the meaning of section 303 of the Civil Aeronautics Act of 

1938. Although the useful life of all AP-4 improvements expired by 1969, the airports that

entered into these agreements continue to be subject to the exclusive rights prohibition. An 

airport remains federally obligated as long as the airport continues to be operated as an airport – 

regardless of whether it remains under the same sponsor or not. 

Following World War II, under the provisions of the Surplus Property Act of 1944 (section 

13(g)) (as codified and amended by 49 U.S.C. §§ 47151-47153), large numbers of military

installations were conveyed without monetary consideration to public agencies. However, in 

1947, Congress amended the Surplus Property Act (Public Law (P.L.) No. 80-289 to require the 

following language: 

“No exclusive right for the use of the airport at which the property disposed of is located shall be 

vested (either directly or indirectly) in any person or persons to the exclusion of others in the 

same class. For the purpose of this condition, an exclusive right is defined to mean: (1) any 

exclusive right to use the airport for conducting any particular aeronautical activity requiring the 

operation of aircraft; (2) any exclusive right to engage in the sale of supplying of aircraft, aircraft 

accessories, equipment or 

supplies (excluding the sale of

gasoline or oil), aircraft

services necessary for the

operation of aircraft (including 

the maintenance and repair of 

aircraft, aircraft engines, and 

propellers appliances).”

In accordance with the Airport 

and Airway Improvement Act 

of l982 (AAIA), 49 U.S.C. 

§ 47101, et seq., the Federal 

Aviation Act of 1958 (FAA 

Act) 49 U.S.C. § 40103(e), 

and the Airport Improvement

Program (AIP) grant 

assurances, the owner or 

operator of any airport that has 

been developed or improved 

with federal grant assistance is 

required to operate the airport 

for the use and benefit of the 

Page 8-2 

To develop and improve airports between 1939 and 1944, Congress authorized the Development 

of Landing Areas National Defense (DLAND) and the Development of Civil Landing Areas 

(DCLA) programs. In accordance with these programs, the federal government and the sponsor 

entered into an agreement, called an AP-4 Agreement, by which the sponsor provided the land 

and the federal government developed the airport. AP-4 Agreements contained a covenant 

stating that the sponsor would operate the airport without the grant or exercise of any exclusive 

right for the use of the airport within the meaning of section 303 of the Civil Aeronautics Act of 

1938. Although the useful life of all AP-4 improvements expired by 1969, the airports that 

entered into these agreements continue to be subject to the exclusive rights prohibition. An 

airport remains federally obligated as long as the airport continues to be operated as an airport -

regardless of whether it remains under the same sponsor or not. 

Following World War II, under the provisions of the Surplus Property Act of 1944 (section 

13(g)) (as codified and amended by 49 U.S.C. §§ 47151-47153), large numbers of military 

installations were conveyed without monetary consideration to public agencies. However, in 

1947, Congress amended the Surplus Property Act (Public Law (P.L.) No. 80-289 to require the 

following language: 

"No exclusive right for the use of the airport at which the property disposed of is located shall be 

vested (either directly or indirectly) in any person or persons to the exclusion of others in the 

same class. For the purpose of this condition, an exclusive right is defined to mean: (1) any 

exclusive right to use the airport for conducting any particular aeronautical activity requiring the 

operation of aircraft; (2) any exclusive right to engage in the sale of supplying of aircraft, aircraft 

accessories, equipment or 

supplies (excluding the sale of 

gasoline or oil), aircraft 

services necessary for the 

operation of aircraft (including 

the maintenance and repair of 

aircraft, aircraft engines, and 

propellers appliances)." I 

II.' In accordance with the Airport 

and Airway Improvement Act 255 'I1 m 

II 

' "b "" ' i r ; - a v— of • ' —1 l982 (AAIA), 49 U.S.C. 

§ 47101, et seq., the Federal 

Aviation Act of 1958 (FAA 

Act) 49 U.S.C. § 40103(e), 

'— 

u •!! 

'iv • r" '• i 

S 

and the Airport Improvement 

Program (AIP) grant 

assurances, the owner or 

operator of any airport that has 

been developed or improved 

with federal grant assistance is 

required to operate the airport 

for the use and benefit of the 

Following World War II, under the provisions of the Surplus Property 

Act of 1944 (section 13(g)) (as amended by 49 U.S.C. §§ 47151-47153), 

large numbers of military installations were conveyed without monetary 

consideration to public agencies. (Photo: US Navy) 

09/30/2009 5190.6B 

Page 8-2 

To develop and improve airports between 1939 and 1944, Congress authorized the Development 

of Landing Areas National Defense (DLAND) and the Development of Civil Landing Areas 

(DCLA) programs. In accordance with these programs, the federal government and the sponsor 

entered into an agreement, called an AP-4 Agreement, by which the sponsor provided the land 

and the federal government developed the airport. AP-4 Agreements contained a covenant 

stating that the sponsor would operate the airport without the grant or exercise of any exclusive 

right for the use of the airport within the meaning of section 303 of the Civil Aeronautics Act of 

1938. Although the useful life of all AP-4 improvements expired by 1969, the airports that 

entered into these agreements continue to be subject to the exclusive rights prohibition. An 

airport remains federally obligated as long as the airport continues to be operated as an airport -

regardless of whether it remains under the same sponsor or not. 

Following World War II, under the provisions of the Surplus Property Act of 1944 (section 

13(g)) (as codified and amended by 49 U.S.C. §§ 47151-47153), large numbers of military 

installations were conveyed without monetary consideration to public agencies. However, in 

1947, Congress amended the Surplus Property Act (Public Law (P.L.) No. 80-289 to require the 

following language: 

"No exclusive right for the use of the airport at which the property disposed of is located shall be 

vested (either directly or indirectly) in any person or persons to the exclusion of others in the 

same class. For the purpose of this condition, an exclusive right is defined to mean: (1) any 

exclusive right to use the airport for conducting any particular aeronautical activity requiring the 

operation of aircraft; (2) any exclusive right to engage in the sale of supplying of aircraft, aircraft 

accessories, equipment or 

supplies (excluding the sale of 

gasoline or oil), aircraft 

services necessary for the 

operation of aircraft (including 

the maintenance and repair of 

aircraft, aircraft engines, and 

propellers appliances)." I 

II.' In accordance with the Airport 

and Airway Improvement Act 255 'I1 m 

II 

' "b "" ' i r ; - a v— of • ' —1 l982 (AAIA), 49 U.S.C. 

§ 47101, et seq., the Federal 

Aviation Act of 1958 (FAA 

Act) 49 U.S.C. § 40103(e), 

'— 

u •!! 

'iv • r" '• i 

S 

and the Airport Improvement 

Program (AIP) grant 

assurances, the owner or 

operator of any airport that has 

been developed or improved 

with federal grant assistance is 

required to operate the airport 

for the use and benefit of the 

Following World War II, under the provisions of the Surplus Property 

Act of 1944 (section 13(g)) (as amended by 49 U.S.C. §§ 47151-47153), 

large numbers of military installations were conveyed without monetary 

consideration to public agencies. (Photo: US Navy) 

09/30/2009 5190.6B 

Following World War II, under the provisions of the Surplus Property 

Act of 1944 (section 13(g)) (as amended by 49 U.S.C. §§ 47151-47153), 

large numbers of military installations were conveyed without monetary 

consideration to public agencies. (Photo: US Navy) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 35 of 74
09/30/2009 5190.6B 

Page 8-3 

public and to make it available for all types, kinds, and classes of aeronautical activity and

without granting an exclusive right. The same obligation was required in previous grant 

programs such as the Federal Aid to Airports Program (FAAP), in effect between 1946 and 1970, 

and the Airport Development Aid Program (ADAP), which was in use between 1970 and 1982. 

Finally, the exclusive rights obligation also exists for airports that have received nonsurplus 

government property under 49 U.S.C. § 47125 and previous corresponding statutes.

c. Governing Statutes. Today, Title 49 U.S.C. subtitle VII, Aviation Programs, contains the 

prohibition against exclusive rights in three locations:

(1). 49 U.S.C. § 40103(e), No Exclusive Rights at Certain Facilities.

(2). 49 U.S.C. § 47107(a), General Written Assurances.

(3). 49 U.S.C. § 47152, Terms of Conveyances.

An airport remains federally obligated as long as the 

airport continues to be operated as an airport – 

regardless of whether it remains under the same sponsor. 

d. Prohibition Applies Only to Aeronautical Activities. When called upon to interpret the 

application of section 303, the Attorney General of the United States affirmed the prohibition 

against exclusive rights. In an opinion dated June 4, 1941, the Attorney General stated “...it is

my opinion that the grant of an exclusive right to use an airport for a particular aeronautical

activity, such as an air carrier, falls within the provision of section 303 of the Civil Aeronautics 

Act precluding any exclusive right for the use of any landing area.” 

If an airport sponsor prohibits an aeronautical activity without a commercial component, 

coordination with ACO-1 and the Office of Chief Counsel is necessary. 

8.4. Development of the Exclusive Rights Prohibition into FAA Policy. 

a. Implementation of the Federal Airport Act. During the immediate post-war years, the Civil 

Aeronautics Board (CAB) was simultaneously engaged in processing the first Federal Aid to 

Airports Program (FAAP) development projects and working with the military to convey former

military installations to public entities. 

Page 8-3 

public and to make it available for all types, kinds, and classes of aeronautical activity and 

without granting an exclusive right. The same obligation was required in previous grant 

programs such as the Federal Aid to Airports Program (FAAP), in effect between 1946 and 1970, 

and the Airport Development Aid Program (ADAP), which was in use between 1970 and 1982. 

Finally, the exclusive rights obligation also exists for airports that have received nonsurplus 

government property under 49 U.S.C. § 47125 and previous corresponding statutes. 

c. Governing Statutes. Today, Title 49 U.S.C. subtitle VII, Aviation Programs, contains the 

prohibition against exclusive rights in three locations: 

(1). 49 U.S.C. § 40103(e), No Exclusive Rights at Certain Facilities. 

(2). 49 U.S.C. § 47107(a), General Written Assurances. 

(3). 49 U.S.C. § 47152, Terms of Conveyances. 

An airport remains federally obligated as long as the 

airport continues to be operated as an airport -

regardless of whether it remains under the same sponsor. 

d. Prohibition Applies Only to Aeronautical Activities. When called upon to interpret the 

application of section 303, the Attorney General of the United States affirmed the prohibition 

against exclusive rights. In an opinion dated June 4, 1941, the Attorney General stated "...it is 

my opinion that the grant of an exclusive right to use an airport for a particular aeronautical 

activity, such as an air carrier, falls within the provision of section 303 of the Civil Aeronautics 

Act precluding any exclusive right for the use of any landing area." 

If an airport sponsor prohibits an aeronautical activity without a commercial component, 

coordination with ACO-1 and the Office of Chief Counsel is necessary. 

8.4. Development of the Exclusive Rights Prohibition into FAA Policy. 

a. Implementation of the Federal Airport Act. During the immediate post-war years, the Civil 

Aeronautics Board (CAB) was simultaneously engaged in processing the first Federal Aid to 

Airports Program (FAAP) development projects and working with the military to convey former 

military installations to public entities. 

09/30/2009 5190.6B 

Page 8-3 

public and to make it available for all types, kinds, and classes of aeronautical activity and 

without granting an exclusive right. The same obligation was required in previous grant 

programs such as the Federal Aid to Airports Program (FAAP), in effect between 1946 and 1970, 

and the Airport Development Aid Program (ADAP), which was in use between 1970 and 1982. 

Finally, the exclusive rights obligation also exists for airports that have received nonsurplus 

government property under 49 U.S.C. § 47125 and previous corresponding statutes. 

c. Governing Statutes. Today, Title 49 U.S.C. subtitle VII, Aviation Programs, contains the 

prohibition against exclusive rights in three locations: 

(1). 49 U.S.C. § 40103(e), No Exclusive Rights at Certain Facilities. 

(2). 49 U.S.C. § 47107(a), General Written Assurances. 

(3). 49 U.S.C. § 47152, Terms of Conveyances. 

An airport remains federally obligated as long as the 

airport continues to be operated as an airport -

regardless of whether it remains under the same sponsor. 

d. Prohibition Applies Only to Aeronautical Activities. When called upon to interpret the 

application of section 303, the Attorney General of the United States affirmed the prohibition 

against exclusive rights. In an opinion dated June 4, 1941, the Attorney General stated "...it is 

my opinion that the grant of an exclusive right to use an airport for a particular aeronautical 

activity, such as an air carrier, falls within the provision of section 303 of the Civil Aeronautics 

Act precluding any exclusive right for the use of any landing area." 

If an airport sponsor prohibits an aeronautical activity without a commercial component, 

coordination with ACO-1 and the Office of Chief Counsel is necessary. 

8.4. Development of the Exclusive Rights Prohibition into FAA Policy. 

a. Implementation of the Federal Airport Act. During the immediate post-war years, the Civil 

Aeronautics Board (CAB) was simultaneously engaged in processing the first Federal Aid to 

Airports Program (FAAP) development projects and working with the military to convey former 

military installations to public entities. 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 36 of 74
09/30/2009 5190.6B 

Page 8-4 

b. Interpretations of 

Aeronautical Activity. 

(1). Airfield. When

approving grants for airport 

development, the CAB (and 

later the FAA) interpreted the 

exclusive rights prohibition 

principally in terms of the

airfield. Accordingly, they 

considered activities that used

the airfield (e.g., air carriers, 

flight schools, and charter 

service) as subject to the 

prohibition. All 

nonaeronautical activities, 

such as restaurants and other 

terminal concessions, ground 

transportation, and car rentals 

are excluded from the 

prohibition.

(2). Inclusion of 

Aeronautical Supporting 

Activities. In 1962, the FAA 

published its Policy on 

Exclusive Rights in the Federal Register. The policy extended the prohibition to all aeronautical 

activities. Such aeronautical activities are those that involve, make possible, or are required for 

the operation of aircraft; or that contribute to, or are required for the safety of such operations.18

The FAA further clarified the application of the prohibition in FAA Order 5190.1, Exclusive 

Rights, on October 12, 1965. 

c. Current Agency Policy. The FAA has taken the position that the existence of an exclusive

right to conduct any aeronautical activity at an airport limits the usefulness of the airport and

deprives the public of the benefits of competitive enterprise. The FAA considers it inappropriate

to provide federal funds for improvements to airports where the benefits of such improvements 

will not be fully realized by all users due to the inherent restrictions of an exclusive monopoly on 

aeronautical activities. 

Advisory Circular (AC) 150/5190-6, Exclusive Rights at Federally Obligated Airports, provides 

airport sponsors with the information they need to comply with their federal obligation regarding 

exclusive rights. 

Page 8-4 

b. Interpretations of 

Aeronautical Activity. 

(1). Airfield. When 

I >•' 

approving grants for airport 

development, the CAB (and 

later the FAA) interpreted the 

exclusive rights prohibition 

principally in terms of the 

airfield. Accordingly, they 

considered activities that used 

•

1 '-V 

the airfield (e.g., air carriers, 

flight schools, and charter 

service) as subject to the 

prohibition. 

nonaeronautical 

All 

activities, 

such as restaurants and other 

terminal concessions, ground 

transportation, and car rentals 

are excluded from the 

prohibition. 

Granting options or preferences on future airport lease sites to a single 

service provider may be construed as the intent to grant an exclusive 

right. Therefore, the use of leases with options or future preferences, such 

as rights of first refusal, must generally be avoided. This is because a 

right of first refusal could allow an existing tenant to hold a claim on 

airport land at little or no cost that could be used by a competing 

of aeronautical entity. It could then exercise the option when there is a 

Aeronautical Supporting prospect of competition. (Photo: FAA) 

Activities. In 1962, the FAA 

published its Policy on 

Exclusive Rights in the Federal Register. The policy extended the prohibition to all aeronautical 

activities. Such aeronautical activities are those that involve, make possible, or are required for 

the operation of aircraft; or that contribute to, or are required for the safety of such operations.18 

The FAA further clarified the application of the prohibition in FAA Order 5190.1, Exclusive 

(2). Inclusion 

Rights, on October 12, 1965. 

c. Current Agency Policy. The FAA has taken the position that the existence of an exclusive 

right to conduct any aeronautical activity at an airport limits the usefulness of the airport and 

deprives the public of the benefits of competitive enterprise. The FAA considers it inappropriate 

to provide federal funds for improvements to airports where the benefits of such improvements 

will not be fully realized by all users due to the inherent restrictions of an exclusive monopoly on 

aeronautical activities. 

Advisory Circular (AC) 150/5190-6, Exclusive Rights at Federally Obligated Airports, provides 

airport sponsors with the information they need to comply with their federal obligation regarding 

exclusive rights. 

18 AC 150/5190-6, Appendix 1, § 1.1(a). 

09/30/2009 5190.6B 

Page 8-4 

b. Interpretations of 

Aeronautical Activity. 

(1). Airfield. When 

I >•' 

approving grants for airport 

development, the CAB (and 

later the FAA) interpreted the 

exclusive rights prohibition 

principally in terms of the 

airfield. Accordingly, they 

considered activities that used 

•

1 '-V 

the airfield (e.g., air carriers, 

flight schools, and charter 

service) as subject to the 

prohibition. 

nonaeronautical 

All 

activities, 

such as restaurants and other 

terminal concessions, ground 

transportation, and car rentals 

are excluded from the 

prohibition. 

Granting options or preferences on future airport lease sites to a single 

service provider may be construed as the intent to grant an exclusive 

right. Therefore, the use of leases with options or future preferences, such 

as rights of first refusal, must generally be avoided. This is because a 

right of first refusal could allow an existing tenant to hold a claim on 

airport land at little or no cost that could be used by a competing 

of aeronautical entity. It could then exercise the option when there is a 

Aeronautical Supporting prospect of competition. (Photo: FAA) 

Activities. In 1962, the FAA 

published its Policy on 

Exclusive Rights in the Federal Register. The policy extended the prohibition to all aeronautical 

activities. Such aeronautical activities are those that involve, make possible, or are required for 

the operation of aircraft; or that contribute to, or are required for the safety of such operations.18 

The FAA further clarified the application of the prohibition in FAA Order 5190.1, Exclusive 

(2). Inclusion 

Rights, on October 12, 1965. 

c. Current Agency Policy. The FAA has taken the position that the existence of an exclusive 

right to conduct any aeronautical activity at an airport limits the usefulness of the airport and 

deprives the public of the benefits of competitive enterprise. The FAA considers it inappropriate 

to provide federal funds for improvements to airports where the benefits of such improvements 

will not be fully realized by all users due to the inherent restrictions of an exclusive monopoly on 

aeronautical activities. 

Advisory Circular (AC) 150/5190-6, Exclusive Rights at Federally Obligated Airports, provides 

airport sponsors with the information they need to comply with their federal obligation regarding 

exclusive rights. 

18 AC 150/5190-6, Appendix 1, § 1.1(a). 

09/30/2009 5190.6B 

18 AC 150/5190-6, Appendix 1, § 1.1(a). 

Granting options or preferences on future airport lease sites to a single 

service provider may be construed as the intent to grant an exclusive 

right. Therefore, the use of leases with options or future preferences, such 

as rights of first refusal, must generally be avoided. This is because a 

right of first refusal could allow an existing tenant to hold a claim on 

airport land at little or no cost that could be used by a competing 

aeronautical entity. It could then exercise the option when there is a 

prospect of competition. (Photo: FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 37 of 74
09/30/2009 5190.6B 

Page 8-5 

d. Effect of the Prohibition on Airport Improvement Program (AIP) Grants. Federal

statutory law prohibits sponsors from granting an exclusive right. Consequently, it does not 

matter how the sponsor granted the exclusive right (e.g., express agreement, unreasonable 

minimum standards, action of a former sponsor, or other means). The FAA will not award a

sponsor an Airport Improvement Program (AIP) grant until that exclusive right is removed from 

the sponsor's airport. The FAA may also take other actions to return the sponsor to compliance 

with its federal obligations. 

Federal statutory law prohibits sponsors from granting 

an exclusive right. Consequently, it does not matter how 

the sponsor granted the exclusive right – express

agreement, unreasonable minimum standards, action of a 

former sponsor, or other means.

e. Duration of Prohibition Against Exclusive Rights. Once federal funds have been expended 

at an airport, including through a surplus property conveyance, the exclusive rights prohibition is 

applicable to that airport for as long as it is operated as an airport. In other words, it runs in 

perpetuity at the airport even though 20 years may have passed since the airport received its last 

AIP grant. In fact, there are airports today where the only federal obligation is the exclusive

rights prohibition. 

f. Grant Assurance 23, Exclusive Rights. Since enactment of the AAIA, sponsor grant

agreements have included the exclusive rights assurance. The grant assurance applies to public 

and private airport sponsors alike for as long as the airport remains an airport. It also applies to 

sponsor airport development and noise mitigation projects. The assurance does not extend to

planning projects or to nonsponsor noise mitigation projects. 

8.5. Aeronautical Operations of the Sponsor. The exclusive rights prohibition does not apply 

to services provided by the sponsor itself. The airport sponsor may elect to provide any or all of 

the aeronautical services at its airport, and to be the exclusive provider of those services. A

sponsor may exercise – but may not grant – the exclusive right to provide any aeronautical

service. This exception is known as the airport’s “proprietary exclusive” right.19 See paragraph 

8.9.a of this chapter. 

The sponsor may exercise a proprietary exclusive right provided the sponsor engages in the 

aeronautical activity as a principal using its own employees and resources. The sponsor may not

designate an independent commercial enterprise as its agent. In other words, the sponsor may

not rely on a third party or a management company to provide the services under its proprietary 

Page 8-5 

d. Effect of the Prohibition on Airport Improvement Program (AIP) Grants. Federal 

statutory law prohibits sponsors from granting an exclusive right. Consequently, it does not 

matter how the sponsor granted the exclusive right (e.g., express agreement, unreasonable 

minimum standards, action of a former sponsor, or other means). The FAA will not award a 

sponsor an Airport Improvement Program (AIP) grant until that exclusive right is removed from 

the sponsor's airport. The FAA may also take other actions to return the sponsor to compliance 

with its federal obligations. 

Federal statutory law prohibits sponsors from granting 

an exclusive right. Consequently, it does not matter how 

the sponsor granted the exclusive right - express 

agreement, unreasonable minimum standards, action of a 

former sponsor, or other means. 

e. Duration of Prohibition Against Exclusive Rights. Once federal funds have been expended 

at an airport, including through a surplus property conveyance, the exclusive rights prohibition is 

applicable to that airport for as long as it is operated as an airport. In other words, it runs in 

perpetuity at the airport even though 20 years may have passed since the airport received its last 

AIP grant. In fact, there are airports today where the only federal obligation is the exclusive 

rights prohibition. 

f. Grant Assurance 23, Exclusive Rights. 

agreements have included the exclusive rights assurance. The grant assurance applies to public 

and private airport sponsors alike for as long as the airport remains an airport. It also applies to 

sponsor airport development and noise mitigation projects. The assurance does not extend to 

planning projects or to nonsponsor noise mitigation projects. 

Since enactment of the AAIA, sponsor grant 

8.5. Aeronautical Operations of the Sponsor. The exclusive rights prohibition does not apply 

to services provided by the sponsor itself. The airport sponsor may elect to provide any or all of 

the aeronautical services at its airport, and to be the exclusive provider of those services. A 

sponsor may exercise - but may not grant - the exclusive right to provide any aeronautical 

service. This exception is known as the airport's "proprietary exclusive" right.19 See paragraph 

8.9.a of this chapter. 

The sponsor may exercise a proprietary exclusive right provided the sponsor engages in the 

aeronautical activity as a principal using its own employees and resources. The sponsor may not 

designate an independent commercial enterprise as its agent. In other words, the sponsor may 

not rely on a third party or a management company to provide the services under its proprietary 

19 The airport's proprietary exclusive right, however, may not interfere with an aeronautical users' right to selfservice or self-fuel. (AC 150/5190-6, paragraph 1.3(a)(2).) Such activity must conform to an airport's minimum 

standards or reasonable rules and regulations. 

09/30/2009 5190.6B 

Page 8-5 

d. Effect of the Prohibition on Airport Improvement Program (AIP) Grants. Federal 

statutory law prohibits sponsors from granting an exclusive right. Consequently, it does not 

matter how the sponsor granted the exclusive right (e.g., express agreement, unreasonable 

minimum standards, action of a former sponsor, or other means). The FAA will not award a 

sponsor an Airport Improvement Program (AIP) grant until that exclusive right is removed from 

the sponsor's airport. The FAA may also take other actions to return the sponsor to compliance 

with its federal obligations. 

Federal statutory law prohibits sponsors from granting 

an exclusive right. Consequently, it does not matter how 

the sponsor granted the exclusive right - express 

agreement, unreasonable minimum standards, action of a 

former sponsor, or other means. 

e. Duration of Prohibition Against Exclusive Rights. Once federal funds have been expended 

at an airport, including through a surplus property conveyance, the exclusive rights prohibition is 

applicable to that airport for as long as it is operated as an airport. In other words, it runs in 

perpetuity at the airport even though 20 years may have passed since the airport received its last 

AIP grant. In fact, there are airports today where the only federal obligation is the exclusive 

rights prohibition. 

f. Grant Assurance 23, Exclusive Rights. 

agreements have included the exclusive rights assurance. The grant assurance applies to public 

and private airport sponsors alike for as long as the airport remains an airport. It also applies to 

sponsor airport development and noise mitigation projects. The assurance does not extend to 

planning projects or to nonsponsor noise mitigation projects. 

Since enactment of the AAIA, sponsor grant 

8.5. Aeronautical Operations of the Sponsor. The exclusive rights prohibition does not apply 

to services provided by the sponsor itself. The airport sponsor may elect to provide any or all of 

the aeronautical services at its airport, and to be the exclusive provider of those services. A 

sponsor may exercise - but may not grant - the exclusive right to provide any aeronautical 

service. This exception is known as the airport's "proprietary exclusive" right.19 See paragraph 

8.9.a of this chapter. 

The sponsor may exercise a proprietary exclusive right provided the sponsor engages in the 

aeronautical activity as a principal using its own employees and resources. The sponsor may not 

designate an independent commercial enterprise as its agent. In other words, the sponsor may 

not rely on a third party or a management company to provide the services under its proprietary 

19 The airport's proprietary exclusive right, however, may not interfere with an aeronautical users' right to selfservice or self-fuel. (AC 150/5190-6, paragraph 1.3(a)(2).) Such activity must conform to an airport's minimum 

standards or reasonable rules and regulations. 

09/30/2009 5190.6B 

19 The airport’s proprietary exclusive right, however, may not interfere with an aeronautical users’ right to selfservice or self-fuel. (AC 150/5190-6, paragraph 1.3(a)(2).) Such activity must conform to an airport’s minimum

standards or reasonable rules and regulations. 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 38 of 74
09/30/2009 5190.6B 

Page 8-6 

exclusive right. These airport sponsors must engage in such activities using their own 

employees.20

8.6. Airports Having a Single Aeronautical Service Provider. Where the sponsor has not

entered into an express agreement, commitment, understanding, or an apparent intent to exclude 

other reasonably qualified enterprises, the FAA does not consider the presence of only one 

provider engaged in an aeronautical activity as a violation of the exclusive rights prohibition.21

The FAA will consider the sponsor's willingness to make the airport available to additional 

reasonably qualified providers. (See paragraph 8.9.b of this chapter.) 

8.7. Denying Requests by Qualified Providers.

a. Conditions for Denial. The assurance prohibiting the granting of an exclusive right does not 

penalize a sponsor for continuing an existing single provider when both

Page 8-6 

exclusive right. These airport sponsors must engage in such activities using their own 

employees.20 

8.6. Airports Having a Single Aeronautical Service Provider. Where the sponsor has not 

entered into an express agreement, commitment, understanding, or an apparent intent to exclude 

other reasonably qualified enterprises, the FAA does not consider the presence of only one 

provider engaged in an aeronautical activity as a violation of the exclusive rights prohibition.21 

The FAA will consider the sponsor's willingness to make the airport available to additional 

reasonably qualified providers. (See paragraph 8.9.b of this chapter.) 

8.7. Denying Requests by Qualified Providers. 

a. Conditions for Denial. The assurance prohibiting the granting of an exclusive right does not 

penalize a sponsor for continuing an existing single provider when both of the following 

conditions exist: 

(1). It can be demonstrated that it would be unreasonably costly, burdensome, or impractical for 

more than one entity to provide the service, and 

(2). The sponsor would have to reduce the leased space that is currently being used for an 

aeronautical purpose by the existing provider in order to accommodate a second provider. In the 

case of denying additional providers, the sponsor must have adequate justification and 

documentation of the facts supporting its decision acceptable to the FAA. 

Both conditions must be met. (See 49 U.S.C. § 47107(a)(4)(A and B).) 

b. Demonstrable Need. When the service provider has space in excess of its reasonable needs 

and the sponsor claims it is justified based on the service provider's future needs, the FAA may 

find the sponsor in violation of the exclusive rights prohibition if the service provider is banking 

land and/or facilities that it cannot put to gainful aeronautical use in a reasonable period of time 

and/or the vacant property controlled by the service provider denies a competitor from gaining 

entry onto the airport. 

A sponsor may exclude an incumbent on-airport service 

provider from responding to a request for proposals based 

on the sponsor's desire to increase competition in airport 

services. That action is not a violation of Grant Assurance 

22, Economic Nondiscrimination, since the sponsor is 

taking a necessary step to preclude the granting of an 

exclusive right. 

20 An aeronautical user exercising its right to self-service or self-fuel is also required to use its own employees and 

equipment. 

21 See 49 U.S.C. §§ 40103(e) and 47107(a)(4). 

09/30/2009 5190.6B 

Page 8-6 

exclusive right. These airport sponsors must engage in such activities using their own 

employees.20 

8.6. Airports Having a Single Aeronautical Service Provider. Where the sponsor has not 

entered into an express agreement, commitment, understanding, or an apparent intent to exclude 

other reasonably qualified enterprises, the FAA does not consider the presence of only one 

provider engaged in an aeronautical activity as a violation of the exclusive rights prohibition.21 

The FAA will consider the sponsor's willingness to make the airport available to additional 

reasonably qualified providers. (See paragraph 8.9.b of this chapter.) 

8.7. Denying Requests by Qualified Providers. 

a. Conditions for Denial. The assurance prohibiting the granting of an exclusive right does not 

penalize a sponsor for continuing an existing single provider when both of the following 

conditions exist: 

(1). It can be demonstrated that it would be unreasonably costly, burdensome, or impractical for 

more than one entity to provide the service, and 

(2). The sponsor would have to reduce the leased space that is currently being used for an 

aeronautical purpose by the existing provider in order to accommodate a second provider. In the 

case of denying additional providers, the sponsor must have adequate justification and 

documentation of the facts supporting its decision acceptable to the FAA. 

Both conditions must be met. (See 49 U.S.C. § 47107(a)(4)(A and B).) 

b. Demonstrable Need. When the service provider has space in excess of its reasonable needs 

and the sponsor claims it is justified based on the service provider's future needs, the FAA may 

find the sponsor in violation of the exclusive rights prohibition if the service provider is banking 

land and/or facilities that it cannot put to gainful aeronautical use in a reasonable period of time 

and/or the vacant property controlled by the service provider denies a competitor from gaining 

entry onto the airport. 

A sponsor may exclude an incumbent on-airport service 

provider from responding to a request for proposals based 

on the sponsor's desire to increase competition in airport 

services. That action is not a violation of Grant Assurance 

22, Economic Nondiscrimination, since the sponsor is 

taking a necessary step to preclude the granting of an 

exclusive right. 

20 An aeronautical user exercising its right to self-service or self-fuel is also required to use its own employees and 

equipment. 

21 See 49 U.S.C. §§ 40103(e) and 47107(a)(4). 

09/30/2009 5190.6B 

 of the following 

conditions exist: 

(1). It can be demonstrated that it would be unreasonably costly, burdensome, or impractical for 

more than one entity to provide the service, and

(2). The sponsor would have to reduce the leased space that is currently being used for an 

aeronautical purpose by the existing provider in order to accommodate a second provider. In the 

case of denying additional providers, the sponsor must have adequate justification and 

documentation of the facts supporting its decision acceptable to the FAA. 

Both conditions must be met. (See 49 U.S.C. § 47107(a)(4)(A and B).) 

b. Demonstrable Need. When the service provider has space in excess of its reasonable needs 

and the sponsor claims it is justified based on the service provider's future needs, the FAA may 

find the sponsor in violation of the exclusive rights prohibition if the service provider is banking 

land and/or facilities that it cannot put to gainful aeronautical use in a reasonable period of time

and/or the vacant property controlled by the service provider denies a competitor from gaining 

entry onto the airport. 

A sponsor may exclude an incumbent on-airport service 

provider from responding to a request for proposals based 

on the sponsor’s desire to increase competition in airport 

services. That action is not a violation of Grant Assurance 

22, Economic Nondiscrimination, since the sponsor is 

taking a necessary step to preclude the granting of an 

exclusive right.

20 An aeronautical user exercising its right to self-service or self-fuel is also required to use its own employees and

equipment.

21 See 49 U.S.C. §§ 40103(e) and 47107(a)(4).

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 39 of 74
09/30/2009 5190.6B 

Page 8-7 

(1). Granting options or preferences on future airport lease sites to a single service provider may 

be construed as intent to grant an exclusive right. Therefore, the use of leases with options or

future preferences, such as rights of first refusal, must generally be avoided. This is because a

right of first refusal could allow an existing tenant to hold a claim on airport land at little or not 

cost. Then, when faced with the prospect of competition, that leaseholder could exercise its

option to inhibit access by others and limit or prevent competition. 

(2). A sponsor may exclude an incumbent on-airport service provider from responding to a

Request for Proposal (RFP) by eliminating the provider from eligibility for the RFP based on the 

sponsor’s desire to increase competition in airport services. The FAA will not consider that 

action a violation of Grant Assurance 22, Economic Nondiscrimination, since the sponsor is 

taking a necessary step to preclude granting of an exclusive right. 

(3). When a sponsor denies a request by a service provider to conduct business on the airport 

based on the lack of available space, the ADO or regional airports division should conduct a site 

visit to confirm that the space and/or facilities leased to service providers only represent their 

reasonable demonstrable need and are not being banked for the long-term future. 

Page 8-7 

/ 

ft" ill, lilllt 

ni 't'iiitii"' IB 

w 

I 

An airport sponsor is under no obligation to permit aircraft owners or operators to introduce fueling 

equipment or practices on the airport that would be unsafe or detrimental to the public welfare or that 

would affect the efficient use of airport facilities by the public. An aircraft hangar is to house an aircraft 

and related equipment, not to be used as general storage space. (Photo: FAA) 

(1). Granting options or preferences on future airport lease sites to a single service provider may 

be construed as intent to grant an exclusive right. Therefore, the use of leases with options or 

future preferences, such as rights of first refusal, must generally be avoided. This is because a 

right of first refusal could allow an existing tenant to hold a claim on airport land at little or not 

cost. Then, when faced with the prospect of competition, that leaseholder could exercise its 

option to inhibit access by others and limit or prevent competition. 

(2). A sponsor may exclude an incumbent on-airport service provider from responding to a 

Request for Proposal (RFP) by eliminating the provider from eligibility for the RFP based on the 

sponsor's desire to increase competition in airport services. The FAA will not consider that 

action a violation of Grant Assurance 22, Economic Nondiscrimination, since the sponsor is 

taking a necessary step to preclude granting of an exclusive right. 

(3). When a sponsor denies a request by a service provider to conduct business on the airport 

based on the lack of available space, the ADO or regional airports division should conduct a site 

visit to confirm that the space and/or facilities leased to service providers only represent their 

reasonable demonstrable need and are not being banked for the long-term future. 

09/30/2009 5190.6B 

Page 8-7 

/ 

ft" ill, lilllt 

ni 't'iiitii"' IB 

w 

I 

An airport sponsor is under no obligation to permit aircraft owners or operators to introduce fueling 

equipment or practices on the airport that would be unsafe or detrimental to the public welfare or that 

would affect the efficient use of airport facilities by the public. An aircraft hangar is to house an aircraft 

and related equipment, not to be used as general storage space. (Photo: FAA) 

(1). Granting options or preferences on future airport lease sites to a single service provider may 

be construed as intent to grant an exclusive right. Therefore, the use of leases with options or 

future preferences, such as rights of first refusal, must generally be avoided. This is because a 

right of first refusal could allow an existing tenant to hold a claim on airport land at little or not 

cost. Then, when faced with the prospect of competition, that leaseholder could exercise its 

option to inhibit access by others and limit or prevent competition. 

(2). A sponsor may exclude an incumbent on-airport service provider from responding to a 

Request for Proposal (RFP) by eliminating the provider from eligibility for the RFP based on the 

sponsor's desire to increase competition in airport services. The FAA will not consider that 

action a violation of Grant Assurance 22, Economic Nondiscrimination, since the sponsor is 

taking a necessary step to preclude granting of an exclusive right. 

(3). When a sponsor denies a request by a service provider to conduct business on the airport 

based on the lack of available space, the ADO or regional airports division should conduct a site 

visit to confirm that the space and/or facilities leased to service providers only represent their 

reasonable demonstrable need and are not being banked for the long-term future. 

09/30/2009 5190.6B 

An airport sponsor is under no obligation to permit aircraft owners or operators to introduce fueling 

equipment or practices on the airport that would be unsafe or detrimental to the public welfare or that 

would affect the efficient use of airport facilities by the public. An aircraft hangar is to house an aircraft 

and related equipment, not to be used as general storage space. (Photo: FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 40 of 74
09/30/2009 5190.6B 

Page 8-8 

8.8. Exclusive Rights Violations.

a. Restrictions Based on Safety and Efficiency. An airport sponsor can deny an individual or 

prospective aeronautical service provider the right to engage in an on-airport aeronautical 

activity for reasons of safety and efficiency if the kind of activity (e.g., skydiving, sailplanes, 

ultralights) would adversely impact the safety and efficiency of another aeronautical activity at

the airport, typically fixed-wing operations. An aeronautical operator holding an FAA certificate 

is presumed to be a safe operator, and the airport sponsor may not deny access to an individual 

certificated operator on the basis of safety of its aeronautical operations. Any safety concerns 

with an operator would need to be brought to the attention of the FAA. However, the airport 

sponsor may find that an aeronautical activity as a whole is inconsistent with the safety and 

efficiency of the airport and may, therefore, not permit that activity at all, subject to concurrence 

by the FAA. The airport sponsor may also prohibit access by an individual or individual service 

provider that has not complied with the airport’s minimum standards or operations rules for safe

use of airport property. 

Any denial based on safety must be based on reasonable evidence demonstrating that airport

safety will be compromised if the applicant or individual is allowed to engage in the proposed

aeronautical activity. Airport sponsors should carefully consider the safety reasons for denying 

an aeronautical service provider or individual the opportunity to engage in an aeronautical 

activity if the denial has the possible effect of limiting competition or access. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. 

As such, an airport sponsor that is contemplating the denial of a proposed on-airport aeronautical 

activity or access is encouraged to contact the local ADO or regional airports division. Those

offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess

the reasonableness of the proposed action because of safety and efficiency, and to determine 

whether unjust discrimination or an exclusive rights violation results from the proposed 

restrictions.

Safety concerns are not limited to aeronautical activities but may include Occupational Safety 

and Health Administration (OSHA) standards, fire safety standards, building codes, or sanitation 

considerations. Restrictions on aeronautical operators by airport sponsors for safety must be 

reasonable. Examples of reasonable restrictions include, but are not limited to: (1) restrictions

placed on the handling of aviation fuel and other flammable products, including aircraft paint

and thinners; (2) requirements to keep fire lanes open; and (3) weight limitations placed on

vehicles and aircraft to protect pavement from damage.22 (See Chapter 14 of this Order, 

Restrictions Based on Safety and Efficiency Procedures and Organization.)

b. Restrictions on Self-service. An aircraft owner or operator23 may tie down, adjust, repair, 

refuel, clean, and otherwise service his/her own aircraft, provided the service is performed by the 

Page 8-8 

8.8. Exclusive Rights Violations. 

a. Restrictions Based on Safety and Efficiency. An airport sponsor can deny an individual or 

prospective aeronautical service provider the right to engage in an on-airport aeronautical 

activity for reasons of safety and efficiency if the kind of activity (e.g., skydiving, sailplanes, 

ultralights) would adversely impact the safety and efficiency of another aeronautical activity at 

the airport, typically fixed-wing operations. An aeronautical operator holding an FAA certificate 

is presumed to be a safe operator, and the airport sponsor may not deny access to an individual 

certificated operator on the basis of safety of its aeronautical operations. Any safety concerns 

with an operator would need to be brought to the attention of the FAA. However, the airport 

sponsor may find that an aeronautical activity as a whole is inconsistent with the safety and 

efficiency of the airport and may, therefore, not permit that activity at all, subject to concurrence 

by the FAA. The airport sponsor may also prohibit access by an individual or individual service 

provider that has not complied with the airport's minimum standards or operations rules for safe 

use of airport property. 

Any denial based on safety must be based on reasonable evidence demonstrating that airport 

safety will be compromised if the applicant or individual is allowed to engage in the proposed 

aeronautical activity. Airport sponsors should carefully consider the safety reasons for denying 

an aeronautical service provider or individual the opportunity to engage in an aeronautical 

activity if the denial has the possible effect of limiting competition or access. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. 

As such, an airport sponsor that is contemplating the denial of a proposed on-airport aeronautical 

activity or access is encouraged to contact the local ADO or regional airports division. Those 

offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess 

the reasonableness of the proposed action because of safety and efficiency, and to determine 

whether unjust discrimination or an exclusive rights violation results from the proposed 

restrictions. 

Safety concerns are not limited to aeronautical activities but may include Occupational Safety 

and Health Administration (OSHA) standards, fire safety standards, building codes, or sanitation 

considerations. Restrictions on aeronautical operators by airport sponsors for safety must be 

reasonable. Examples of reasonable restrictions include, but are not limited to: (1) restrictions 

placed on the handling of aviation fuel and other flammable products, including aircraft paint 

and thinners; (2) requirements to keep fire lanes open; and (3) weight limitations placed on 

vehicles and aircraft to protect pavement from damage.22 (See Chapter 14 of this Order, 

Restrictions Based on Safety and Efficiency Procedures and Organization.) 

b. Restrictions on Self-service. An aircraft owner or operator23 may tie down, adjust, repair, 

refuel, clean, and otherwise service his/her own aircraft, provided the service is performed by the 

22 See FAA proposed policy at 68 Fed. Reg. 39176 (July 01, 2003), Weight-Based Restrictions at Airports. (See 

Appendix S of this Order). 

23 For many purposes, the FAA has interpreted an aircraft owner's right to self-service to include operators with 

long-term possession rights. For example, a significant number of aircraft operated by airlines are not owned, but 

09/30/2009 5190.6B 

Page 8-8 

8.8. Exclusive Rights Violations. 

a. Restrictions Based on Safety and Efficiency. An airport sponsor can deny an individual or 

prospective aeronautical service provider the right to engage in an on-airport aeronautical 

activity for reasons of safety and efficiency if the kind of activity (e.g., skydiving, sailplanes, 

ultralights) would adversely impact the safety and efficiency of another aeronautical activity at 

the airport, typically fixed-wing operations. An aeronautical operator holding an FAA certificate 

is presumed to be a safe operator, and the airport sponsor may not deny access to an individual 

certificated operator on the basis of safety of its aeronautical operations. Any safety concerns 

with an operator would need to be brought to the attention of the FAA. However, the airport 

sponsor may find that an aeronautical activity as a whole is inconsistent with the safety and 

efficiency of the airport and may, therefore, not permit that activity at all, subject to concurrence 

by the FAA. The airport sponsor may also prohibit access by an individual or individual service 

provider that has not complied with the airport's minimum standards or operations rules for safe 

use of airport property. 

Any denial based on safety must be based on reasonable evidence demonstrating that airport 

safety will be compromised if the applicant or individual is allowed to engage in the proposed 

aeronautical activity. Airport sponsors should carefully consider the safety reasons for denying 

an aeronautical service provider or individual the opportunity to engage in an aeronautical 

activity if the denial has the possible effect of limiting competition or access. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. 

As such, an airport sponsor that is contemplating the denial of a proposed on-airport aeronautical 

activity or access is encouraged to contact the local ADO or regional airports division. Those 

offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess 

the reasonableness of the proposed action because of safety and efficiency, and to determine 

whether unjust discrimination or an exclusive rights violation results from the proposed 

restrictions. 

Safety concerns are not limited to aeronautical activities but may include Occupational Safety 

and Health Administration (OSHA) standards, fire safety standards, building codes, or sanitation 

considerations. Restrictions on aeronautical operators by airport sponsors for safety must be 

reasonable. Examples of reasonable restrictions include, but are not limited to: (1) restrictions 

placed on the handling of aviation fuel and other flammable products, including aircraft paint 

and thinners; (2) requirements to keep fire lanes open; and (3) weight limitations placed on 

vehicles and aircraft to protect pavement from damage.22 (See Chapter 14 of this Order, 

Restrictions Based on Safety and Efficiency Procedures and Organization.) 

b. Restrictions on Self-service. An aircraft owner or operator23 may tie down, adjust, repair, 

refuel, clean, and otherwise service his/her own aircraft, provided the service is performed by the 

22 See FAA proposed policy at 68 Fed. Reg. 39176 (July 01, 2003), Weight-Based Restrictions at Airports. (See 

Appendix S of this Order). 

23 For many purposes, the FAA has interpreted an aircraft owner's right to self-service to include operators with 

long-term possession rights. For example, a significant number of aircraft operated by airlines are not owned, but 

09/30/2009 5190.6B 

22 See FAA proposed policy at 68 Fed. Reg. 39176 (July 01, 2003), Weight-Based Restrictions at Airports. (See

Appendix S of this Order). 

23 For many purposes, the FAA has interpreted an aircraft owner’s right to self-service to include operators with

long-term possession rights. For example, a significant number of aircraft operated by airlines are not owned, but

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 41 of 74
09/30/2009 5190.6B 

Page 8-9 

aircraft owner/operator or his/her employees with resources supplied by the aircraft owner or 

operator.

Moreover, the service must be conducted in accordance with reasonable rules, regulations or

standards established by the airport sponsor. Any unreasonable restriction imposed on the 

owners or operators of aircraft regarding the servicing of their own aircraft may be construed as 

an exclusive rights violation. In accordance with the federal grant assurances: 

(1). An airport sponsor may not prevent an owner or operator of an aircraft from performing 

services on his/her own aircraft with his/her own employees and equipment. Restrictions 

imposed by an airport sponsor that have the effect of channeling self-service activities to a

commercial aeronautical service provider may be an exclusive rights violation.

An airport sponsor may 

not prevent an owner or 

operator of an aircraft 

from performing 

services on his/her own 

aircraft with his/her 

own employees and 

equipment. 

(2). An airport sponsor must

reasonably provide for selfservicing activity, but is not 

obligated to lease airport 

facilities and land for such

activity. That is, the airport 

sponsor is not required to 

encumber the airport with leases 

and facilities for self-servicing 

activity. 

(3). An airport sponsor is under 

no obligation to permit aircraft

owners or operators to introduce 

Page 8-9 

aircraft owner/operator or his/her employees with resources supplied by the aircraft owner or 

operator. 

Moreover, the service must be conducted in accordance with reasonable rules, regulations or 

standards established by the airport sponsor. Any unreasonable restriction imposed on the 

owners or operators of aircraft regarding the servicing of their own aircraft may be construed as 

an exclusive rights violation. In accordance with the federal grant assurances: 

(1). An airport sponsor may not prevent an owner or operator of an aircraft from performing 

services on his/her own aircraft with his/her own employees and equipment. Restrictions 

imposed by an airport sponsor that have the effect of channeling self-service activities to a 

commercial aeronautical service provider may be an exclusive rights violation. 

An airport sponsor may 

not prevent an owner or 

operator of an aircraft 

from performing 

services on his/her own 

aircraft with his/her 

own employees and 

equipment. 

% 

«3T 

1# 

H. HE , 

r j 

i ssV aiJ * 

rr. 

(2). An airport sponsor must 

reasonably provide for selfservicing activity, but is not 

obligated to lease airport 

facilities and land for such 

activity. That is, the airport 

sponsor is not required to 

encumber the airport with leases 

and facilities for self-servicing 

activity. 

The fact that a single business or enterprise may provide most or all 

of the on-airport aeronautical services is not, in itself evidence of an 

exclusive rights violation. An exclusive rights violation is the denial 

by the airport sponsor to afford other qualified parties an 

opportunity to be an on-airport aeronautical service provider. The 

airport sponsor may issue a Request for Proposal (RFP)in a 

competitive offering for all qualified parties to compete for the right 

to be an on-airport service provider. (Photo: FAA) 

(3). An airport sponsor is under 

no obligation to permit aircraft 

owners or operators to introduce 

are leased under terms that give the operator airline owner-like powers. This includes operational control, exclusive 

use, and long-term lease terms. The same is true for other aeronautical operators such as charter companies, flight 

schools, and flying clubs, all of which may very well lease aircraft under terms that result in owner-like powers. If 

doubt exists on whether a particular "operator" can be considered as the owner for the purpose of this guidance, the 

ADO will make the determination. (A listing of ADOs can be found on the FAA web site.) 

09/30/2009 5190.6B 

Page 8-9 

aircraft owner/operator or his/her employees with resources supplied by the aircraft owner or 

operator. 

Moreover, the service must be conducted in accordance with reasonable rules, regulations or 

standards established by the airport sponsor. Any unreasonable restriction imposed on the 

owners or operators of aircraft regarding the servicing of their own aircraft may be construed as 

an exclusive rights violation. In accordance with the federal grant assurances: 

(1). An airport sponsor may not prevent an owner or operator of an aircraft from performing 

services on his/her own aircraft with his/her own employees and equipment. Restrictions 

imposed by an airport sponsor that have the effect of channeling self-service activities to a 

commercial aeronautical service provider may be an exclusive rights violation. 

An airport sponsor may 

not prevent an owner or 

operator of an aircraft 

from performing 

services on his/her own 

aircraft with his/her 

own employees and 

equipment. 

% 

n 2!, B15 i 

i laV • 

ri-. 

(2). An airport sponsor must 

reasonably provide for selfservicing activity, but is not 

obligated to lease airport 

facilities and land for such 

activity. That is, the airport 

sponsor is not required to 

encumber the airport with leases 

and facilities for self-servicing 

activity. 

The fact that a single business or enterprise may provide most or all 

of the on-airport aeronautical services is not, in itself evidence of an 

exclusive rights violation. An exclusive rights violation is the denial 

by the airport sponsor to afford other qualified parties an 

opportunity to be an on-airport aeronautical service provider. The 

airport sponsor may issue a Request for Proposal (RFP)in a 

competitive offering for all qualified parties to compete for the right 

to be an on-airport service provider. (Photo: FAA) 

(3). An airport sponsor is under 

no obligation to permit aircraft 

owners or operators to introduce 

are leased under terms that give the operator airline owner-like powers. This includes operational control, exclusive 

use, and long-term lease terms. The same is true for other aeronautical operators such as charter companies, flight 

schools, and flying clubs, all of which may very well lease aircraft under terms that result in owner-like powers. If 

doubt exists on whether a particular "operator" can be considered as the owner for the purpose of this guidance, the 

ADO will make the determination. (A listing of ADOs can be found on the FAA web site.) 

09/30/2009 5190.6B 

are leased under terms that give the operator airline owner-like powers. This includes operational control, exclusive

use, and long-term lease terms. The same is true for other aeronautical operators such as charter companies, flight

schools, and flying clubs, all of which may very well lease aircraft under terms that result in owner-like powers. If

doubt exists on whether a particular “operator” can be considered as the owner for the purpose of this guidance, the

ADO will make the determination. (A listing of ADOs can be found on the FAA web site.)

The fact that a single business or enterprise may provide most or all 

of the on-airport aeronautical services is not, in itself, evidence of an 

exclusive rights violation. An exclusive rights violation is the denial 

by the airport sponsor to afford other qualified parties an 

opportunity to be an on-airport aeronautical service provider. The 

airport sponsor may issue a Request for Proposal (RFP)in a 

competitive offering for all qualified parties to compete for the right 

to be an on-airport service provider. (Photo: FAA) 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 42 of 74
09/30/2009 5190.6B 

Page 8-10 

fueling equipment or practices on the airport that would be unsafe or detrimental to the public

welfare or that would affect the efficient use of airport facilities by the public.

NOTE: Fueling from a pull-up commercial fuel pump is not considered self-fueling under the 

federal grant assurances since it involves fueling from a self-service pump made available by the 

airport or a commercial aeronautical service provider. 

8.9. Exceptions to the General Rule. 

a. Aeronautical Activities Provided by the Airport Sponsor (Proprietary Exclusive Right).

The owner of a public use airport may elect to provide any or all of the aeronautical services 

needed by the public at the airport. The airport sponsor may exercise, but not grant, an exclusive 

right to provide aeronautical services to the public. If the airport sponsor opts to provide an 

aeronautical service exclusively, it must use its own employees and resources. Thus, an airport 

owner or sponsor cannot exercise a proprietary exclusive right through a management contract. 

Note that while the policy technically extends to private owners of public use airports, private 

owners may not have the same immunity from antitrust laws as public agencies. A proprietary 

exclusive can be exercised only for fuel sales and support services, not for use of the landing area 

itself.

As a practical matter, most airport sponsors recognize that aeronautical services are best 

provided by profit-motivated, private enterprises. However, there may be situations that the

airport sponsor believes would justify providing aeronautical services itself. For example, in a 

situation where the revenue potential is insufficient to attract private enterprise, it may be 

necessary for the airport sponsor to provide the aeronautical service. The reverse may also be

true. The revenue potential might be so significant that the airport sponsor chooses to perform 

the aeronautical activity itself in order to become more financially self-sustaining. Aircraft

fueling is a prime example of an aeronautical service an airport sponsor may choose to provide 

itself. While the airport sponsor may exercise its proprietary exclusive to provide fueling 

services, aircraft owners may still assert the right to obtain their own fuel and bring it onto the 

airport to service their own aircraft, but only with their own employees and equipment and in 

conformance with reasonable airport rules, regulations, and minimum standards. 

b. Single Activity. The fact that a single business or enterprise may provide most or all of the 

on-airport aeronautical services is not, in itself, evidence of an exclusive rights violation. An 

exclusive rights violation is the denial by the airport sponsor to afford other qualified parties an 

opportunity to be an on-airport aeronautical service provider. The airport sponsor may issue a

competitive offering for all qualified parties to compete for the right to be an on-airport service

provider.24 The airport sponsor is not required to accept all qualified service providers without 

limitation. The fact that only one qualified party pursued an opportunity in a competitive 

Page 8-10 

fueling equipment or practices on the airport that would be unsafe or detrimental to the public 

welfare or that would affect the efficient use of airport facilities by the public. 

NOTE: Fueling from a pull-up commercial fuel pump is not considered self-fueling under the 

federal grant assurances since it involves fueling from a self-service pump made available by the 

airport or a commercial aeronautical service provider. 

8.9. Exceptions to the General Rule. 

a. Aeronautical Activities Provided by the Airport Sponsor (Proprietary Exclusive Right). 

The owner of a public use airport may elect to provide any or all of the aeronautical services 

needed by the public at the airport. The airport sponsor may exercise, but not grant, an exclusive 

right to provide aeronautical services to the public. If the airport sponsor opts to provide an 

aeronautical service exclusively, it must use its own employees and resources. Thus, an airport 

owner or sponsor cannot exercise a proprietary exclusive right through a management contract. 

Note that while the policy technically extends to private owners of public use airports, private 

owners may not have the same immunity from antitrust laws as public agencies. A proprietary 

exclusive can be exercised only for fuel sales and support services, not for use of the landing area 

itself. 

As a practical matter, most airport sponsors recognize that aeronautical services are best 

provided by profit-motivated, private enterprises. However, there may be situations that the 

airport sponsor believes would justify providing aeronautical services itself. For example, in a 

situation where the revenue potential is insufficient to attract private enterprise, it may be 

necessary for the airport sponsor to provide the aeronautical service. The reverse may also be 

true. The revenue potential might be so significant that the airport sponsor chooses to perform 

the aeronautical activity itself in order to become more financially self-sustaining. Aircraft 

fueling is a prime example of an aeronautical service an airport sponsor may choose to provide 

itself. While the airport sponsor may exercise its proprietary exclusive to provide fueling 

services, aircraft owners may still assert the right to obtain their own fuel and bring it onto the 

airport to service their own aircraft, but only with their own employees and equipment and in 

conformance with reasonable airport rules, regulations, and minimum standards. 

b. Single Activity. The fact that a single business or enterprise may provide most or all of the 

on-airport aeronautical services is not, in itself, evidence of an exclusive rights violation. An 

exclusive rights violation is the denial by the airport sponsor to afford other qualified parties an 

opportunity to be an on-airport aeronautical service provider. The airport sponsor may issue a 

competitive offering for all qualified parties to compete for the right to be an on-airport service 

provider.24 The airport sponsor is not required to accept all qualified service providers without 

limitation. The fact that only one qualified party pursued an opportunity in a competitive 

24 The grant assurances do not prohibit an airport sponsor from entering into long-term leases with commercial 

entities, by negotiation, solicitation, or other means. An airport sponsor may choose to select fixed-base operators 

(FBOs) or other aeronautical service providers through a request for proposals (RFP) process. If it chooses to do so, 

the airport sponsor may use this process each time a new applicant is considered. This action, in and by itself, is not 

unreasonable or contrary to the federal obligations. 

09/30/2009 5190.6B 

Page 8-10 

fueling equipment or practices on the airport that would be unsafe or detrimental to the public 

welfare or that would affect the efficient use of airport facilities by the public. 

NOTE: Fueling from a pull-up commercial fuel pump is not considered self-fueling under the 

federal grant assurances since it involves fueling from a self-service pump made available by the 

airport or a commercial aeronautical service provider. 

8.9. Exceptions to the General Rule. 

a. Aeronautical Activities Provided by the Airport Sponsor (Proprietary Exclusive Right). 

The owner of a public use airport may elect to provide any or all of the aeronautical services 

needed by the public at the airport. The airport sponsor may exercise, but not grant, an exclusive 

right to provide aeronautical services to the public. If the airport sponsor opts to provide an 

aeronautical service exclusively, it must use its own employees and resources. Thus, an airport 

owner or sponsor cannot exercise a proprietary exclusive right through a management contract. 

Note that while the policy technically extends to private owners of public use airports, private 

owners may not have the same immunity from antitrust laws as public agencies. A proprietary 

exclusive can be exercised only for fuel sales and support services, not for use of the landing area 

itself. 

As a practical matter, most airport sponsors recognize that aeronautical services are best 

provided by profit-motivated, private enterprises. However, there may be situations that the 

airport sponsor believes would justify providing aeronautical services itself. For example, in a 

situation where the revenue potential is insufficient to attract private enterprise, it may be 

necessary for the airport sponsor to provide the aeronautical service. The reverse may also be 

true. The revenue potential might be so significant that the airport sponsor chooses to perform 

the aeronautical activity itself in order to become more financially self-sustaining. Aircraft 

fueling is a prime example of an aeronautical service an airport sponsor may choose to provide 

itself. While the airport sponsor may exercise its proprietary exclusive to provide fueling 

services, aircraft owners may still assert the right to obtain their own fuel and bring it onto the 

airport to service their own aircraft, but only with their own employees and equipment and in 

conformance with reasonable airport rules, regulations, and minimum standards. 

b. Single Activity. The fact that a single business or enterprise may provide most or all of the 

on-airport aeronautical services is not, in itself, evidence of an exclusive rights violation. An 

exclusive rights violation is the denial by the airport sponsor to afford other qualified parties an 

opportunity to be an on-airport aeronautical service provider. The airport sponsor may issue a 

competitive offering for all qualified parties to compete for the right to be an on-airport service 

provider.24 The airport sponsor is not required to accept all qualified service providers without 

limitation. The fact that only one qualified party pursued an opportunity in a competitive 

24 The grant assurances do not prohibit an airport sponsor from entering into long-term leases with commercial 

entities, by negotiation, solicitation, or other means. An airport sponsor may choose to select fixed-base operators 

(FBOs) or other aeronautical service providers through a request for proposals (RFP) process. If it chooses to do so, 

the airport sponsor may use this process each time a new applicant is considered. This action, in and by itself, is not 

unreasonable or contrary to the federal obligations. 

09/30/2009 5190.6B 

24 The grant assurances do not prohibit an airport sponsor from entering into long-term leases with commercial 

entities, by negotiation, solicitation, or other means. An airport sponsor may choose to select fixed-base operators

(FBOs) or other aeronautical service providers through a request for proposals (RFP) process. If it chooses to do so, 

the airport sponsor may use this process each time a new applicant is considered. This action, in and by itself, is not

unreasonable or contrary to the federal obligations.

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 43 of 74
09/30/2009 5190.6B 

Page 8-11 

offering would not subject the airport sponsor to an exclusive rights violation. However, the 

airport sponsor cannot, as a matter of convenience, choose to have only one fixed-base operator 

(FBO)25 to provide services at the airport regardless of the circumstances at the airport.

c. Statutory Requirement Relating to Single Activities. Since 1938, there has been a statutory 

prohibition on exclusive rights (49 U.S.C. § 40103(e)) [independent of the parallel grant 

assurance requirement at 49 U.S.C. § 47107(a)(4)]. It currently states, “A person does not have 

an exclusive right to use an air navigation facility on which Government money has been 

expended.” (An “air navigation facility” includes, among other things, an airport. See 

“Definitions” at 49 U.S.C. § 40102.)

This prohibition predates the parallel statutory grant assurance requirement enacted as part of the 

AAIA. It is independent of the grant assurance requirement.

Both statutory prohibitions contain an exception to permit single FBOs if it is unreasonably 

costly, burdensome, or impractical for more than one FBO to provide services, and

Page 8-11 

offering would not subject the airport sponsor to an exclusive rights violation. However, the 

airport sponsor cannot, as a matter of convenience, choose to have only one fixed-base operator 

(FBO)25 to provide services at the airport regardless of the circumstances at the airport. 

c. Statutory Requirement Relating to Single Activities. Since 1938, there has been a statutory 

prohibition on exclusive rights (49 U.S.C. § 40103(e)) [independent of the parallel grant 

assurance requirement at 49 U.S.C. § 47107(a)(4)]. It currently states, "A person does not have 

an exclusive right to use an air navigation facility on which Government money has been 

expended." (An "air navigation facility" includes, among other things, an airport. See 

"Definitions" at 49 U.S.C. § 40102.) 

This prohibition predates the parallel statutory grant assurance requirement enacted as part of the 

AAIA. It is independent of the grant assurance requirement. 

Both statutory prohibitions contain an exception to permit single FBOs if it is unreasonably 

costly, burdensome, or impractical for more than one FBO to provide services, and allowing 

more than one FBO to provide services would reduce the space leased under an existing 

agreement between the airport and single FBO. Both conditions must be met for the exception to 

apply. 

d. Space Limitation. A single enterprise may expand as needed, even if its growth 

ultimately results in the occupancy of all available space. However, an exclusive rights violation 

occurs when an airport sponsor unreasonably excludes a qualified applicant from engaging in an 

on-airport aeronautical activity without just cause or fails to provide an opportunity for qualified 

applicants to be an aeronautical service provider. An exclusive rights violation can occur 

through the use of leases where, for example, all the available airport land and/or facilities 

suitable for aeronautical activities are leased to a single aeronautical service provider who cannot 

put it into productive use within a reasonable period of time, thereby denying other qualified 

parties the opportunity to compete to be an aeronautical service provider at the airport. An 

airport sponsor's refusal to permit a single FBO to expand based on the sponsor's desire to open 

the airport to competition is not a violation of the grant assurances. Additionally, an airport 

sponsor may exclude an incumbent FBO from participating under a competitive solicitation in 

order to bring a second FBO onto the airport to create a more competitive environment. 

A lease that confers an exclusive right will be construed as having the intent to do so and, 

therefore, constitute an exclusive rights violation. Airport sponsors are better served by 

requiring that leases to a single aeronautical service provider be limited to the amount of land the 

service provider can demonstrate it actually needs and can be put to immediate productive use. 

In the event that additional space is required later, the airport sponsor may require the incumbent 

service provider to compete along with all other qualified service providers for the available 

airport land. 

25 A fixed-base operator (FBO) is a commercial entity providing aeronautical services such as fueling, maintenance, 

storage, ground and flight instruction, etc. to the public. 

09/30/2009 5190.6B 

Page 8-11 

offering would not subject the airport sponsor to an exclusive rights violation. However, the 

airport sponsor cannot, as a matter of convenience, choose to have only one fixed-base operator 

(FBO)25 to provide services at the airport regardless of the circumstances at the airport. 

c. Statutory Requirement Relating to Single Activities. Since 1938, there has been a statutory 

prohibition on exclusive rights (49 U.S.C. § 40103(e)) [independent of the parallel grant 

assurance requirement at 49 U.S.C. § 47107(a)(4)]. It currently states, "A person does not have 

an exclusive right to use an air navigation facility on which Government money has been 

expended." (An "air navigation facility" includes, among other things, an airport. See 

"Definitions" at 49 U.S.C. § 40102.) 

This prohibition predates the parallel statutory grant assurance requirement enacted as part of the 

AAIA. It is independent of the grant assurance requirement. 

Both statutory prohibitions contain an exception to permit single FBOs if it is unreasonably 

costly, burdensome, or impractical for more than one FBO to provide services, and allowing 

more than one FBO to provide services would reduce the space leased under an existing 

agreement between the airport and single FBO. Both conditions must be met for the exception to 

apply. 

d. Space Limitation. A single enterprise may expand as needed, even if its growth 

ultimately results in the occupancy of all available space. However, an exclusive rights violation 

occurs when an airport sponsor unreasonably excludes a qualified applicant from engaging in an 

on-airport aeronautical activity without just cause or fails to provide an opportunity for qualified 

applicants to be an aeronautical service provider. An exclusive rights violation can occur 

through the use of leases where, for example, all the available airport land and/or facilities 

suitable for aeronautical activities are leased to a single aeronautical service provider who cannot 

put it into productive use within a reasonable period of time, thereby denying other qualified 

parties the opportunity to compete to be an aeronautical service provider at the airport. An 

airport sponsor's refusal to permit a single FBO to expand based on the sponsor's desire to open 

the airport to competition is not a violation of the grant assurances. Additionally, an airport 

sponsor may exclude an incumbent FBO from participating under a competitive solicitation in 

order to bring a second FBO onto the airport to create a more competitive environment. 

A lease that confers an exclusive right will be construed as having the intent to do so and, 

therefore, constitute an exclusive rights violation. Airport sponsors are better served by 

requiring that leases to a single aeronautical service provider be limited to the amount of land the 

service provider can demonstrate it actually needs and can be put to immediate productive use. 

In the event that additional space is required later, the airport sponsor may require the incumbent 

service provider to compete along with all other qualified service providers for the available 

airport land. 

25 A fixed-base operator (FBO) is a commercial entity providing aeronautical services such as fueling, maintenance, 

storage, ground and flight instruction, etc. to the public. 

09/30/2009 5190.6B 

 allowing

more than one FBO to provide services would reduce the space leased under an existing 

agreement between the airport and single FBO. Both conditions must be met for the exception to

apply.

d. Space Limitation. A single enterprise may expand as needed, even if its growth

ultimately results in the occupancy of all available space. However, an exclusive rights violation

occurs when an airport sponsor unreasonably excludes a qualified applicant from engaging in an 

on-airport aeronautical activity without just cause or fails to provide an opportunity for qualified 

applicants to be an aeronautical service provider. An exclusive rights violation can occur 

through the use of leases where, for example, all the available airport land and/or facilities 

suitable for aeronautical activities are leased to a single aeronautical service provider who cannot 

put it into productive use within a reasonable period of time, thereby denying other qualified 

parties the opportunity to compete to be an aeronautical service provider at the airport. An

airport sponsor’s refusal to permit a single FBO to expand based on the sponsor’s desire to open 

the airport to competition is not a violation of the grant assurances. Additionally, an airport

sponsor may exclude an incumbent FBO from participating under a competitive solicitation in

order to bring a second FBO onto the airport to create a more competitive environment. 

A lease that confers an exclusive right will be construed as having the intent to do so and, 

therefore, constitute an exclusive rights violation. Airport sponsors are better served by 

requiring that leases to a single aeronautical service provider be limited to the amount of land the

service provider can demonstrate it actually needs and can be put to immediate productive use. 

In the event that additional space is required later, the airport sponsor may require the incumbent

service provider to compete along with all other qualified service providers for the available 

airport land.

25 A fixed-base operator (FBO) is a commercial entity providing aeronautical services such as fueling, maintenance,

storage, ground and flight instruction, etc. to the public. 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 44 of 74
09/30/2009 5190.6B 

Page 8-12 

The grant of options or preferences on future airport lease 

sites to a single service provider may be construed as intent 

to grant an exclusive right. Leases with options or future 

preferences, such as rights of first refusal, should generally 

be avoided.

The grant of options or preferences on future airport lease sites to a single service provider may 

be construed as intent to grant an exclusive right. Therefore, leases with options or future

preferences, such as rights of first refusal, should generally be avoided.

8.10. UNICOM.

The Federal 

Communications

Commission (FCC)

authorizes use of special 

UNICOM

26

frequencies for 

air-to-ground 

communication at airports. 

The primary purpose of the 

communications station is

to disseminate aeronautical 

data, such as weather, wind 

direction, and runway 

information. They are 

used by aircraft in the air 

and on the ground for both 

preflight and post flight 

activities. Since UNICOM 

is supposed to be subject to 

the airport owner's control, 

its use by the airport, and 

the airport only, does not 

constitute a grant of 

exclusive rights to which

the statutory prohibition of 

section 40103(e) would 

apply.

Page 8-12 

The grant of options or preferences on future airport lease 

sites to a single service provider may be construed as intent 

to grant an exclusive right. Leases with options or future 

preferences, such as rights of first refusal, should generally 

be avoided. 

The grant of options or preferences on future airport lease sites to a single service provider may 

be construed as intent to grant an exclusive right. Therefore, leases with options or future 

preferences, such as rights of first refusal, should generally be avoided. 

8.10. UNICOM i 

The Federal 

W§M Communications 

Commission 

authorizes use of special 

26 

UNICOM frequencies for 

air-to-ground 

communication at airports. 

The primary purpose of the 

communications station is 

to disseminate aeronautical 

data, such as weather, wind 

direction, and runway 

information. They are 

used by aircraft in the air 

and on the ground for both 

preflight and post flight 

activities. Since UNICOM 

(FCC) 

> • w 

. •« — 

I JfiTy . I 

< 

=o 

•*4f df* 

Since most federally owned airports are maintained and operated with 

federal funds appropriated for purposes other than the support of civil 

aviation (usually to accommodate a military or defense mission), the federal 

government is not subject to the exclusive rights prohibition. Such airports 

do not receive AIP funds and are not subject to grant assurances. 

Consequently, when the base commanders (or other federal government 

entities) grant operating rights to airlines and other aeronautical activities 

to meet their own transportation and civil cn'iation requirements (such as 

moving personnel and equipment), they are not subject to sponsor federal 

obligations. Similarly, the base commander of an active military base has 

no federal obligation to permit civilian operations at the air base. (Photo: 

is supposed to be subject to 

the airport owner's control, 

its use by the airport, and 

the airport only, does not 

constitute a grant of 

exclusive rights to which 

the statutory prohibition of 

section 40103(e) would 

apply. USAF) 

26 

UNICOM is a nongovernment air/ground radio communication station. It may provide airport information at 

public use airports where there is neither a tower nor a Flight Service Station (FSS). 

09/30/2009 5190.6B 

Page 8-12 

The grant of options or preferences on future airport lease 

sites to a single service provider may be construed as intent 

to grant an exclusive right. Leases with options or future 

preferences, such as rights of first refusal, should generally 

be avoided. 

The grant of options or preferences on future airport lease sites to a single service provider may 

be construed as intent to grant an exclusive right. Therefore, leases with options or future 

preferences, such as rights of first refusal, should generally be avoided. 

8.10. UNICOM i 

The Federal W§M Communications 

Commission 

authorizes use of special 

26 

UNICOM frequencies for 

air-to-ground 

communication at airports. 

The primary purpose of the 

communications station is 

to disseminate aeronautical 

data, such as weather, wind 

direction, and runway 

information. They are 

used by aircraft in the air 

and on the ground for both 

preflight and post flight 

activities. Since UNICOM 

(FCC) 

> • w 

. •« _ 

I JfiTy . I 

< 

=o 

•*4f df* 

Since most federally owned airports are maintained and operated with 

federal funds appropriated for purposes other than the support of civil 

aviation (usually to accommodate a military or defense mission), the federal 

government is not subject to the exclusive rights prohibition. Such airports 

do not receive AIP funds and are not subject to grant assurances. 

Consequently, when the base commanders (or other federal government 

entities) grant operating rights to airlines and other aeronautical activities 

to meet their own transportation and civil cn'iation requirements (such as 

moving personnel and equipment), they are not subject to sponsor federal 

obligations. Similarly, the base commander of an active military base has 

no federal obligation to permit civilian operations at the air base. (Photo: 

is supposed to be subject to 

the airport owner's control, 

its use by the airport, and 

the airport only, does not 

constitute a grant of 

exclusive rights to which 

the statutory prohibition of 

section 40103(e) would 

apply. USAF) 

26 

UNICOM is a nongovernment air/ground radio communication station. It may provide airport information at 

public use airports where there is neither a tower nor a Flight Service Station (FSS). 

09/30/2009 5190.6B 

26

UNICOM is a nongovernment air/ground radio communication station. It may provide airport information at

public use airports where there is neither a tower nor a Flight Service Station (FSS). 

Since most federally owned airports are maintained and operated with 

federal funds appropriated for purposes other than the support of civil 

aviation (usually to accommodate a military or defense mission), the federal 

government is not subject to the exclusive rights prohibition. Such airports 

do not receive AIP funds and are not subject to grant assurances. 

Consequently, when the base commanders (or other federal government 

entities) grant operating rights to airlines and other aeronautical activities 

to meet their own transportation and civil aviation requirements (such as 

moving personnel and equipment), they are not subject to sponsor federal 

obligations. Similarly, the base commander of an active military base has 

no federal obligation to permit civilian operations at the air base. (Photo: 

USAF)

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 45 of 74
09/30/2009 5190.6B 

Page 8-13 

To prevent conflicting reports, the FCC will not license more than one UNICOM station at the 

same airport. However, unless properly controlled, allowing an aeronautical service provider to 

operate the sponsor’s UNICOM station on behalf of the airport sponsor could result in an 

advantage over competitors in attracting aeronautical users. When the sponsor fails to retain the 

station license in its own name and turns control of the license to a single service provider, the

FAA may find the sponsor in violation of the prohibition against exclusive rights.

The FAA will not license more than one UNICOM station 

at the same airport. 

8.11. Implementation of Policy. 

a. Voluntary Compliance. When the sponsor engages in – or fails to extinguish – an exclusive

right voluntarily, the FAA will find the sponsor in violation of the prohibition against exclusive

rights and its federal obligations. 

b. Remedies. When the FAA finds the sponsor in violation of the exclusive rights provision, 

and the situation remains uncorrected, FAA may withhold AIP grant assistance. In addition, 

FAA may withhold Facilities and Equipment (F&E) funding, except for equipment needed for

safety or, generally as a last resort, seek reversion of the airport under the Surplus Property Act. 

(Chapter 2 of this Order, Compliance Program, discusses handling of grant assurance

violations.)

Under certain circumstances, the FAA may also issue any orders it deems necessary. These

orders are enforced through the federal courts. 

c. FAA Exception. Where required for the national defense or deemed essential to national 

interest, the FAA may grant an exception to the remedies above.

8.12. Military and Special Purpose Airports.

a. Applicability to the Federal Government. The federal government is not subject to the 

exclusive rights prohibition. Since most federally owned airports are maintained and operated 

with federal funds appropriated for purposes other than the support of civil aviation (usually to 

accommodate a military or defense mission), such airports do not receive AIP funds and are not 

subject to grant assurances.

Consequently, when the federal government entity that owns the facility allows operating rights

to airlines and other aeronautical activities to meet the government’s own transportation and civil

aviation requirements (such as moving personnel and equipment), the government is not subject 

to sponsor federal obligations. Similarly, the base commander of an active military base has no

federal obligation to permit civilian operations at the air base.

Page 8-13 

To prevent conflicting reports, the FCC will not license more than one UNICOM station at the 

same airport. However, unless properly controlled, allowing an aeronautical service provider to 

operate the sponsor's UNICOM station on behalf of the airport sponsor could result in an 

advantage over competitors in attracting aeronautical users. When the sponsor fails to retain the 

station license in its own name and turns control of the license to a single service provider, the 

FAA may find the sponsor in violation of the prohibition against exclusive rights. 

The FAA will not license more than one UNICOM station 

at the same airport. 

8.11. Implementation of Policy. 

a. Voluntary Compliance. When the sponsor engages in - or fails to extinguish - an exclusive 

right voluntarily, the FAA will find the sponsor in violation of the prohibition against exclusive 

rights and its federal obligations. 

b. Remedies. When the FAA finds the sponsor in violation of the exclusive rights provision, 

and the situation remains uncorrected, FAA may withhold AIP grant assistance. In addition, 

FAA may withhold Facilities and Equipment (F&E) funding, except for equipment needed for 

safety or, generally as a last resort, seek reversion of the airport under the Surplus Property Act. 

(Chapter 2 of this Order, Compliance Program, discusses handling of grant assurance 

violations.) 

Under certain circumstances, the FAA may also issue any orders it deems necessary. 

orders are enforced through the federal courts. 

These 

c. FAA Exception. Where required for the national defense or deemed essential to national 

interest, the FAA may grant an exception to the remedies above. 

8.12. Military and Special Purpose Airports. 

a. Applicability to the Federal Government. The federal government is not subject to the 

exclusive rights prohibition. Since most federally owned airports are maintained and operated 

with federal funds appropriated for purposes other than the support of civil aviation (usually to 

accommodate a military or defense mission), such airports do not receive AIP funds and are not 

subject to grant assurances. 

Consequently, when the federal government entity that owns the facility allows operating rights 

to airlines and other aeronautical activities to meet the government's own transportation and civil 

aviation requirements (such as moving personnel and equipment), the government is not subject 

to sponsor federal obligations. Similarly, the base commander of an active military base has no 

federal obligation to permit civilian operations at the air base. 

09/30/2009 5190.6B 

Page 8-13 

To prevent conflicting reports, the FCC will not license more than one UNICOM station at the 

same airport. However, unless properly controlled, allowing an aeronautical service provider to 

operate the sponsor's UNICOM station on behalf of the airport sponsor could result in an 

advantage over competitors in attracting aeronautical users. When the sponsor fails to retain the 

station license in its own name and turns control of the license to a single service provider, the 

FAA may find the sponsor in violation of the prohibition against exclusive rights. 

The FAA will not license more than one UNICOM station 

at the same airport. 

8.11. Implementation of Policy. 

a. Voluntary Compliance. When the sponsor engages in - or fails to extinguish - an exclusive 

right voluntarily, the FAA will find the sponsor in violation of the prohibition against exclusive 

rights and its federal obligations. 

b. Remedies. When the FAA finds the sponsor in violation of the exclusive rights provision, 

and the situation remains uncorrected, FAA may withhold AIP grant assistance. In addition, 

FAA may withhold Facilities and Equipment (F&E) funding, except for equipment needed for 

safety or, generally as a last resort, seek reversion of the airport under the Surplus Property Act. 

(Chapter 2 of this Order, Compliance Program, discusses handling of grant assurance 

violations.) 

Under certain circumstances, the FAA may also issue any orders it deems necessary. 

orders are enforced through the federal courts. 

These 

c. FAA Exception. Where required for the national defense or deemed essential to national 

interest, the FAA may grant an exception to the remedies above. 

8.12. Military and Special Purpose Airports. 

a. Applicability to the Federal Government. The federal government is not subject to the 

exclusive rights prohibition. Since most federally owned airports are maintained and operated 

with federal funds appropriated for purposes other than the support of civil aviation (usually to 

accommodate a military or defense mission), such airports do not receive AIP funds and are not 

subject to grant assurances. 

Consequently, when the federal government entity that owns the facility allows operating rights 

to airlines and other aeronautical activities to meet the government's own transportation and civil 

aviation requirements (such as moving personnel and equipment), the government is not subject 

to sponsor federal obligations. Similarly, the base commander of an active military base has no 

federal obligation to permit civilian operations at the air base. 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 46 of 74
09/30/2009 5190.6B 

Page 8-14 

b. Joint Use Airports. When a civilian airport sponsor obligates itself under FAA grant 

agreements or property conveyance agreements, that entity becomes subject to the same federal 

obligations as other sponsors regardless of whether the facilities are located on federal

installations or whether they are operated under joint-use agreements with the Department of

Defense (DoD) or other federal agencies. At joint-use airports, federal grant assurance 

obligations do not apply to areas within exclusive DoD control.

8.13. through 8.18. reserved. 

Page 8-14 

b. Joint Use Airports. When a civilian airport sponsor obligates itself under FAA grant 

agreements or property conveyance agreements, that entity becomes subject to the same federal 

obligations as other sponsors regardless of whether the facilities are located on federal 

installations or whether they are operated under joint-use agreements with the Department of 

Defense (DoD) or other federal agencies. At joint-use airports, federal grant assurance 

obligations do not apply to areas within exclusive DoD control. 

8.13. through 8.18. reserved. 

09/30/2009 5190.6B 

Page 8-14 

b. Joint Use Airports. When a civilian airport sponsor obligates itself under FAA grant 

agreements or property conveyance agreements, that entity becomes subject to the same federal 

obligations as other sponsors regardless of whether the facilities are located on federal 

installations or whether they are operated under joint-use agreements with the Department of 

Defense (DoD) or other federal agencies. At joint-use airports, federal grant assurance 

obligations do not apply to areas within exclusive DoD control. 

8.13. through 8.18. reserved. 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 47 of 74
09/30/2009 5190.6B 

Appendix C 

Page 19 

Appendix C Ź Advisory Circulars on Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities

1. PURPOSE. This advisory circular (AC) provides basic information pertaining to the 

Federal Aviation Administration’s (FAA’s) prohibition on the granting of exclusive rights at 

federally obligated airports. The prohibition on the granting of exclusive rights is one of the

obligations assumed by the airport sponsors of public airports that have accepted federal 

assistance, either in the form of grants or property conveyances. This AC provides guidance on 

how an airport sponsor can comply with the statutory prohibition on the granting of exclusive

rights. Section 1 explains FAA’s policy on exclusive rights, the statutory basis for the policy, and 

exceptions to the policy. Section 2 provides an overview of how the FAA ensures compliance 

with applicable federal obligations. 

2. CANCELLATION. 

3. DEFINITIONS. Definitions for some of the terms used in this AC are found in

Appendix 1. 

4. BACKGROUND. In accordance with the Airport and Airway Improvement Act of l982, 49 

U.S.C. § 47101, et seq., and the Airport Improvement Program (AIP) grant assurances, the 

owner or operator of any airport that has been developed or improved with federal grant 

assistance is required to operate the airport for the use and benefit of the public and to make it 

available for all types, kinds, and classes of aeronautical activity and without granting an

exclusive right.53 The Surplus Property Act of l944 (as amended by 49 U.S.C., §§ 47151-47153) 

contains parallel obligations under its terms for the conveyance of federal property for airport 

purposes.

Similar obligations exist for airports that have received nonsurplus government property under 

49 U.S.C. § 47125 and previous corresponding statutes. Airports that have received real 

Page 19 

Appendix C • Advisory Circulars on Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities 

© Advisory 

Circular U.S. Department 

of Transportation 

Federal Aviation 

Administration 

AC No: 

150/5190-6 

Change: N/A 

Date: January 3, 2006 

Initiated by: AAS-400 

(currently ACO-100) 

Subject: EXCLUSIVE RIGHTS AT 

FEDERALLY OBLIGATED AIRPORTS 

This advisory circular (AC) provides basic information pertaining to the 

Federal Aviation Administration's (FAA's) prohibition on the granting of exclusive rights at 

federally obligated airports. The prohibition on the granting of exclusive rights is one of the 

obligations assumed by the airport sponsors of public airports that have accepted federal 

assistance, either in the form of grants or property conveyances. This AC provides guidance on 

how an airport sponsor can comply with the statutory prohibition on the granting of exclusive 

rights. Section 1 explains FAA's policy on exclusive rights, the statutory basis for the policy, and 

exceptions to the policy. Section 2 provides an overview of how the FAA ensures compliance 

with applicable federal obligations. 

1. PURPOSE. 

2. CANCELLATION. 

3. DEFINITIONS. Definitions for some of the terms used in this AC are found in 

Appendix 1. 

4. BACKGROUND. In accordance with the Airport and Airway Improvement Act of l982, 49 

U.S.C. § 47101, et seq., and the Airport Improvement Program (AIP) grant assurances, the 

owner or operator of any airport that has been developed or improved with federal grant 

assistance is required to operate the airport for the use and benefit of the public and to make it 

available for all types, kinds, and classes of aeronautical activity and without granting an 

exclusive right.53 The Surplus Property Act of l944 (as amended by 49 U.S.C., §§ 47151-47153) 

contains parallel obligations under its terms for the conveyance of federal property for airport 

purposes. 

Similar obligations exist for airports that have received nonsurplus government property under 

49 U.S.C. § 47125 and previous corresponding statutes. Airports that have received real 

53 The legislative background for the exclusive rights provisions discussed in this AC began as early as l938 and 

evolved under the Federal Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP), and 

Airport Improvement Program (AIP) and was also adopted in land conveyances. 

Appendix C 

09/30/2009 5190.6B 

53 The legislative background for the exclusive rights provisions discussed in this AC began as early as l938 and

evolved under the Federal Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP), and

Airport Improvement Program (AIP) and was also adopted in land conveyances. 

U.S. Department 

of Transportation 

Federal Aviation 

Administration

Advisory 

Circular

Subject: EXCLUSIVE RIGHTS AT

FEDERALLY OBLIGATED AIRPORTS 

Date: January 3, 2006

Initiated by: AAS-400

(currently ACO-100) 

AC No:

150/5190-6 

Change: N/A

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 48 of 74
09/30/2009 5190.6B 

Appendix C 

Page 20 

property under AP-4 agreements remain obligated by the exclusive rights prohibition even 

though all other obligations are considered expired by the FAA.

It is FAA policy that the sponsor of a federally obligated airport will not grant an exclusive right 

for the use of the airport to any person providing, or intending to provide, aeronautical services 

or commodities to the public and will not, either directly or indirectly, grant or permit any

person, firm, or corporation, the exclusive right at the airport to conduct aeronautical activities. 

The exclusive rights prohibition applies to both commercial entities engaging in providing 

aeronautical services and individual aeronautical users of the airport. The intent of the

prohibition on exclusive rights is to promote fair competition at federally obligated, public use 

airports for the benefit of aeronautical users. The exclusive rights prohibition remains in effect as 

long as the airport is operated as an airport, even if the original period for which an airport 

sponsor was obligated has expired.

The granting of an exclusive right for the conduct of any aeronautical activity on a federally 

obligated airport is generally regarded as contrary to the requirements of the applicable federal

obligations, whether such exclusive right results from an express agreement, from the imposition

of unreasonable standards or requirements, or by any other means. Existence of an exclusive

right at an airport limits the usefulness of the airport and deprives the public of the benefits that

flow from competition. 

5. RELATED READING MATERIALS. 

Federal Aviation Agency Policy Statement, Exclusive Rights at Airports, Order 5190.1A, as 

published in the Federal Register (30 Fed. Reg. 13661), October 27, l965. 

Rules of Practice for Federally Assisted Airport Enforcement Proceedings, as published in the 

Federal Register (61 Fed. Reg. 53998), October 16, l996.

FAA Airport Compliance Requirements, Order 5190.6A, 10/1/89. 

Further information can be obtained at the airports district office (ADO) in your area. A listing of 

ADOs can be found online. 

DAVID L. BENNETT 

Director, Office of Airport Safety

 and Standards 

Page 20 

property under AP-4 agreements remain obligated by the exclusive rights prohibition even 

though all other obligations are considered expired by the FAA. 

It is FAA policy that the sponsor of a federally obligated airport will not grant an exclusive right 

for the use of the airport to any person providing, or intending to provide, aeronautical services 

or commodities to the public and will not, either directly or indirectly, grant or permit any 

person, firm, or corporation, the exclusive right at the airport to conduct aeronautical activities. 

The exclusive rights prohibition applies to both commercial entities engaging in providing 

aeronautical services and individual aeronautical users of the airport. The intent of the 

prohibition on exclusive rights is to promote fair competition at federally obligated, public use 

airports for the benefit of aeronautical users. The exclusive rights prohibition remains in effect as 

long as the airport is operated as an airport, even if the original period for which an airport 

sponsor was obligated has expired. 

The granting of an exclusive right for the conduct of any aeronautical activity on a federally 

obligated airport is generally regarded as contrary to the requirements of the applicable federal 

obligations, whether such exclusive right results from an express agreement, from the imposition 

of unreasonable standards or requirements, or by any other means. Existence of an exclusive 

right at an airport limits the usefulness of the airport and deprives the public of the benefits that 

flow from competition. 

5. RELATED READING MATERIALS. 

Federal Aviation Agency Policy Statement, Exclusive Rights at Airports, Order 5190.1A, as 

published in the Federal Register (30 Fed. Reg. 13661), October 27, l965. 

Rules of Practice for Federally Assisted Airport Enforcement Proceedings, as published in the 

Federal Register (61 Fed. Reg. 53998), October 16, l996. 

FAA Airport Compliance Requirements, Order 5190.6A, 10/1/89. 

Further information can be obtained at the airports district office (ADO) in your area. A listing of 

ADOs can be found online. 

DAVID L. BENNETT 

Director, Office of Airport Safety 

and Standards 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 49 of 74
09/30/2009 5190.6B 

Appendix C 

Page 21 

SECTION 1 - EXCLUSIVE RIGHTS 

1.1. OBLIGATION AGAINST GRANTING EXCLUSIVE RIGHTS. Most exclusive rights 

agreements violate the grant assurances contained in FAA grant agreements or similar 

obligations in surplus property conveyances. With few exceptions, an airport sponsor is 

prohibited from granting an exclusive right to a single operator for the provision of an 

aeronautical activity to the exclusion of others. See definition of exclusive right in Appendix 1. 

Accordingly, FAA policy prohibits the creation or continuance of exclusive rights agreements at 

obligated airports where the airport sponsor has received federal airport development assistance 

for the airport’s improvement or development. This prohibition applies regardless of how the 

exclusive right was created, whether by express agreement or the imposition of unreasonable 

minimum standards and/or requirements (inadvertent or otherwise). 

1.2. AGENCY POLICY. The existence of an exclusive right to conduct any aeronautical activity 

at an airport limits the usefulness of the airport and deprives the public of the benefits that flow

from a competitive enterprise. The purpose of the exclusive rights provision as applied to civil 

aeronautics is to prevent monopolies and combinations in restraint of trade and to promote

competition at federally obligated airports. In effect, the FAA considers it inappropriate to grant 

federal funds or convey real property to airports where the benefits will not be fully realized due

to the inherent restrictions of a local monopoly on aeronautical activities at the airport. An 

exclusive rights violation occurs when the airport sponsor excludes others, either intentionally or 

unintentionally, from participating in an on-airport aeronautical activity. A prohibited exclusive

right can be manifested by an express agreement, unreasonable minimum standards, or by any 

other means. Significant to an understanding of the exclusive rights policy, is the recognition 

that it is the impact of the activity, and not the airport sponsor’s intent, that constitutes an

exclusive rights violation.

1.3. EXCLUSIVE RIGHT VIOLATIONS AND EXCEPTIONS TO THE GENERAL 

RULE. The following paragraphs address exclusive rights violations and certain exceptions to

the exclusive rights policy due to circumstances that make such an exception necessary. 

a. Aeronautical Activities Provided by the Airport Sponsor (Proprietary Exclusive Right).

The owner of a public-use airport (public or private owner) may elect to provide any or all of the 

aeronautical services needed by the public at the airport. The airport sponsor may exercise, but 

not grant, an exclusive right to provide aeronautical services to the public. If the airport sponsor 

opts to provide an aeronautical service exclusively, it must use its own employees and resources. 

Thus, an airport owner or sponsor cannot exercise a proprietary exclusive right if it does not 

itself provide the aeronautical services.

As a practical matter, most airport sponsors recognize that aeronautical services are best 

provided by profit-motivated, private enterprises. However, it is recognized that there may be 

situations, valid reasons that would support the airport providing aeronautical services. Examples

include situations where the revenue potential is insufficient to attract private enterprises and it is

necessary for the airport sponsor to provide the aeronautical service or situations where the 

revenue potential is so significant that the airport sponsor chooses to perform the aeronautical

activity itself in order to become more financially self-sustaining. An example of an airport

Page 21 

SECTION 1 - EXCLUSIVE RIGHTS 

1.1. OBLIGATION AGAINST GRANTING EXCLUSIVE RIGHTS. Most exclusive rights 

agreements violate the grant assurances contained in FAA grant agreements or similar 

obligations in surplus property conveyances. With few exceptions, an airport sponsor is 

prohibited from granting an exclusive right to a single operator for the provision of an 

aeronautical activity to the exclusion of others. See definition of exclusive right in Appendix 1. 

Accordingly, FAA policy prohibits the creation or continuance of exclusive rights agreements at 

obligated airports where the airport sponsor has received federal airport development assistance 

for the airport's improvement or development. This prohibition applies regardless of how the 

exclusive right was created, whether by express agreement or the imposition of unreasonable 

minimum standards and/or requirements (inadvertent or otherwise). 

1.2. AGENCY POLICY. The existence of an exclusive right to conduct any aeronautical activity 

at an airport limits the usefulness of the airport and deprives the public of the benefits that flow 

from a competitive enterprise. The purpose of the exclusive rights provision as applied to civil 

aeronautics is to prevent monopolies and combinations in restraint of trade and to promote 

competition at federally obligated airports. In effect, the FAA considers it inappropriate to grant 

federal funds or convey real property to airports where the benefits will not be fully realized due 

to the inherent restrictions of a local monopoly on aeronautical activities at the airport. An 

exclusive rights violation occurs when the airport sponsor excludes others, either intentionally or 

unintentionally, from participating in an on-airport aeronautical activity. A prohibited exclusive 

right can be manifested by an express agreement, unreasonable minimum standards, or by any 

other means. Significant to an understanding of the exclusive rights policy, is the recognition 

that it is the impact of the activity, and not the airport sponsor's intent, that constitutes an 

exclusive rights violation. 

1.3. EXCLUSIVE RIGHT VIOLATIONS AND EXCEPTIONS TO THE GENERAL 

RULE. The following paragraphs address exclusive rights violations and certain exceptions to 

the exclusive rights policy due to circumstances that make such an exception necessary. 

a. Aeronautical Activities Provided by the Airport Sponsor (Proprietary Exclusive Right). 

The owner of a public-use airport (public or private owner) may elect to provide any or all of the 

aeronautical services needed by the public at the airport. The airport sponsor may exercise, but 

not grant, an exclusive right to provide aeronautical services to the public. If the airport sponsor 

opts to provide an aeronautical service exclusively, it must use its own employees and resources. 

Thus, an airport owner or sponsor cannot exercise a proprietary exclusive right if it does not 

itself provide the aeronautical services. 

As a practical matter, most airport sponsors recognize that aeronautical services are best 

provided by profit-motivated, private enterprises. However, it is recognized that there may be 

situations, valid reasons that would support the airport providing aeronautical services. Examples 

include situations where the revenue potential is insufficient to attract private enterprises and it is 

necessary for the airport sponsor to provide the aeronautical service or situations where the 

revenue potential is so significant that the airport sponsor chooses to perform the aeronautical 

activity itself in order to become more financially self-sustaining. An example of an airport 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 50 of 74
09/30/2009 5190.6B 

Appendix C 

Page 22 

sponsor choosing to provide an aeronautical service would be aircraft fueling. While the airport 

sponsor may exercise its proprietary exclusive to provide fueling services, aircraft owners may 

assert the right to obtain their own fuel and bring it onto the airport to service their own aircraft, 

but only with their own employees and equipment and in conformance with reasonable airport 

rules, regulations and standards.

b. Single Activity. The fact that a single business or enterprise may provide most or all of the 

on-airport aeronautical services is not, in itself, evidence of an exclusive rights violation. What 

is an exclusive rights violation is the denial by the airport sponsor to afford other qualified 

parties an opportunity to be an on-airport aeronautical service provider. The airport sponsor may 

issue a competitive offering for all qualified parties to compete for the right to be an on-airport 

service provider. The airport sponsor is not required to accept all qualified service providers 

without limitation. The fact that only one qualified party pursued an opportunity in a competitive

offering would not subject the airport sponsor to an exclusive rights violation. 

(1) Statutory Requirement Relating to Single Activities. Since 1938, there has been a

statutory prohibition on exclusive rights, 49 U.S.C. § 40103(e), independent of the 

parallel grant assurance requirement at 49 U.S.C. § 47107(a)(4). This statutory 

prohibition currently states, “A person does not have an exclusive right to use an air 

navigation facility on which government money has been expended.” (An “air

navigation facility” includes, among other things, an airport. See “Definitions” at 49 

U.S.C. § 40102.) The statutory prohibition, however, contains an exception relating to 

single activities. Specifically, providing services at an airport by only one fixed-base 

operator (FBO) is not an exclusive right if it is unreasonably costly, burdensome, or

impractical for more than one FBO to provide the services, and allowing more than one

FBO to provide the services requires a reduction in space leased under an existing 

agreement between one FBO and the airport sponsor. Both conditions must be met. 

(2) The grant assurance relating to exclusive rights contains similar language.

c. Space Limitation. A single enterprise may expand as needed, even if its growth

ultimately results in the occupancy of all available space. However, an exclusive rights violation

occurs when an airport sponsor unreasonably excludes a qualified applicant from engaging in an 

on-airport aeronautical activity without just cause or fails to provide an opportunity for qualified 

applicants to be an aeronautical service provider. An exclusive rights violation can occur

through the use of leases where, for example, all the available airport land or facilities suitable

for aeronautical activities are leased to a single aeronautical service provider who cannot put it 

into productive use within a reasonable period of time, thereby denying other qualified parties

the opportunity to compete to be an aeronautical service provider at the airport. An airport

sponsor’s refusal to permit a single FBO to expand based on the sponsor’s desire to open the 

airport to competition is not an exclusive rights violation. Additionally, an airport sponsor may

exclude an incumbent FBO from participating under a competitive solicitation in order to bring a 

second FBO onto the airport to create a more competitive environment. 

A lease that confers an exclusive right will be construed as having the intent to do so and, 

therefore, be an exclusive rights violation. Airport sponsors are better served by requiring that 

leases to a single aeronautical service provider be limited to the amount of land the service 

Page 22 

sponsor choosing to provide an aeronautical service would be aircraft fueling. While the airport 

sponsor may exercise its proprietary exclusive to provide fueling services, aircraft owners may 

assert the right to obtain their own fuel and bring it onto the airport to service their own aircraft, 

but only with their own employees and equipment and in conformance with reasonable airport 

rules, regulations and standards. 

b. Single Activity. The fact that a single business or enterprise may provide most or all of the 

on-airport aeronautical services is not, in itself, evidence of an exclusive rights violation. What 

is an exclusive rights violation is the denial by the airport sponsor to afford other qualified 

parties an opportunity to be an on-airport aeronautical service provider. The airport sponsor may 

issue a competitive offering for all qualified parties to compete for the right to be an on-airport 

service provider. The airport sponsor is not required to accept all qualified service providers 

without limitation. The fact that only one qualified party pursued an opportunity in a competitive 

offering would not subject the airport sponsor to an exclusive rights violation. 

(1) Statutory Requirement Relating to Single Activities. Since 1938, there has been a 

statutory prohibition on exclusive rights, 49 U.S.C. § 40103(e), independent of the 

parallel grant assurance requirement at 49 U.S.C. § 47107(a)(4). This statutory 

prohibition currently states, "A person does not have an exclusive right to use an air 

navigation facility on which government money has been expended." (An "air 

navigation facility" includes, among other things, an airport. See "Definitions" at 49 

U.S.C. § 40102.) The statutory prohibition, however, contains an exception relating to 

single activities. Specifically, providing services at an airport by only one fixed-base 

operator (FBO) is not an exclusive right if it is unreasonably costly, burdensome, or 

impractical for more than one FBO to provide the services, and allowing more than one 

FBO to provide the services requires a reduction in space leased under an existing 

agreement between one FBO and the airport sponsor. Both conditions must be met. 

(2) The grant assurance relating to exclusive rights contains similar language. 

c. Space Limitation. A single enterprise may expand as needed, even if its growth 

ultimately results in the occupancy of all available space. However, an exclusive rights violation 

occurs when an airport sponsor unreasonably excludes a qualified applicant from engaging in an 

on-airport aeronautical activity without just cause or fails to provide an opportunity for qualified 

applicants to be an aeronautical service provider. An exclusive rights violation can occur 

through the use of leases where, for example, all the available airport land or facilities suitable 

for aeronautical activities are leased to a single aeronautical service provider who cannot put it 

into productive use within a reasonable period of time, thereby denying other qualified parties 

the opportunity to compete to be an aeronautical service provider at the airport. An airport 

sponsor's refusal to permit a single FBO to expand based on the sponsor's desire to open the 

airport to competition is not an exclusive rights violation. Additionally, an airport sponsor may 

exclude an incumbent FBO from participating under a competitive solicitation in order to bring a 

second FBO onto the airport to create a more competitive environment. 

A lease that confers an exclusive right will be construed as having the intent to do so and, 

therefore, be an exclusive rights violation. Airport sponsors are better served by requiring that 

leases to a single aeronautical service provider be limited to the amount of land the service 

Appendix C 

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Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 51 of 74
09/30/2009 5190.6B 

Appendix C 

Page 23 

provider can demonstrate it actually needs and can be put to immediate productive use. In the 

event that additional space is required later, the airport sponsor may require the incumbent

service provider to compete along with all other qualified service providers for the available 

airport land. The grant of options or preferences on future airport lease sites to a single service

provider is likely to be construed as intent to grant an exclusive right. The use of leases with 

options or future preferences, such as rights-of-first refusal, is highly discouraged.

d. Restrictions Based on Safety and Efficiency.54 An airport sponsor can deny a prospective 

aeronautical service provider the right to engage in an on-airport aeronautical activity for reasons 

of safety and efficiency. A denial based on safety must be based on firm evidence demonstrating 

that airport safety will be compromised if the applicant is allowed to engage in the proposed 

aeronautical activity. Airport sponsors should carefully scrutinize the safety reasons for denying 

an aeronautical service provider the opportunity to engage in an aeronautical activity if the denial

has the possible effect of limiting competition. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. 

As such, an airport sponsor that is contemplating the denial of a proposed on-airport aeronautical

activity is encouraged to contact the local airports district office (ADO) or the regional airports 

division. Those offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic

(AT) to assess the reasonableness and the unjustly discriminatory aspects of proposed restrictions 

on aeronautical activities because of safety and efficiency.

e. Restrictions on Self-Service. An aircraft owner or operator,55 who is entitled to use the

landing area of an airport, may tie down, adjust, repair, refuel, clean, and otherwise service 

his/her own aircraft, provided the service is performed by the aircraft owner/operator or his/her

employees with resources supplied by the aircraft owner or operator. Moreover, the service must

be conducted in accordance with reasonable rules, regulations or standards established by the 

airport sponsor. Any unreasonable restriction imposed on the owners or operators of aircraft 

regarding the servicing of their own aircraft may be construed as an exclusive rights violation. In 

accordance with the FAA grant assurances: 

(1) An airport sponsor may not prevent an owner or operator of an aircraft from performing 

services on his/her own aircraft with his/her own employees and equipment. Restrictions 

imposed by an airport sponsor that have the effect of channeling self-service activities to a

commercial aeronautical service provider may be an exclusive rights violation.

Page 23 

provider can demonstrate it actually needs and can be put to immediate productive use. In the 

event that additional space is required later, the airport sponsor may require the incumbent 

service provider to compete along with all other qualified service providers for the available 

airport land. The grant of options or preferences on future airport lease sites to a single service 

provider is likely to be construed as intent to grant an exclusive right. The use of leases with 

options or future preferences, such as rights-of-first refusal, is highly discouraged. 

d. Restrictions Based on Safety and Efficiency.54 An airport sponsor can deny a prospective 

aeronautical service provider the right to engage in an on-airport aeronautical activity for reasons 

of safety and efficiency. A denial based on safety must be based on firm evidence demonstrating 

that airport safety will be compromised if the applicant is allowed to engage in the proposed 

aeronautical activity. Airport sponsors should carefully scrutinize the safety reasons for denying 

an aeronautical service provider the opportunity to engage in an aeronautical activity if the denial 

has the possible effect of limiting competition. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of safety. 

As such, an airport sponsor that is contemplating the denial of a proposed on-airport aeronautical 

activity is encouraged to contact the local airports district office (ADO) or the regional airports 

division. Those offices will then seek assistance from FAA Flight Standards (FS) and Air Traffic 

(AT) to assess the reasonableness and the unjustly discriminatory aspects of proposed restrictions 

on aeronautical activities because of safety and efficiency. 

e. Restrictions on Self-Service. An aircraft owner or operator,55 who is entitled to use the 

landing area of an airport, may tie down, adjust, repair, refuel, clean, and otherwise service 

his/her own aircraft, provided the service is performed by the aircraft owner/operator or his/her 

employees with resources supplied by the aircraft owner or operator. Moreover, the service must 

be conducted in accordance with reasonable rules, regulations or standards established by the 

airport sponsor. Any unreasonable restriction imposed on the owners or operators of aircraft 

regarding the servicing of their own aircraft may be construed as an exclusive rights violation. In 

accordance with the FAA grant assurances: 

(1) An airport sponsor may not prevent an owner or operator of an aircraft from performing 

services on his/her own aircraft with his/her own employees and equipment. Restrictions 

imposed by an airport sponsor that have the effect of channeling self-service activities to a 

commercial aeronautical service provider may be an exclusive rights violation. 

54 The word efficiency refers to the efficient use of navigable airspace, an inherent FAA Air Traffic Control 

function. It is not meant to be an interpretation that could be construed as protecting the "efficient'' operation of an 

existing aeronautical service provider for example. 

55 The FAA has for a long time and under certain circumstances, interpreted an aircraft owner's right to self-service 

to include operators. For example, a significant number of aircraft operated by airlines are not owned but leased 

under terms that give the operator airline owner-like powers. This includes operational control, exclusive use and 

long-term lease terms. The same is true for other aeronautical operators such as charter companies, flight schools 

and flying clubs, all of which may very well lease aircraft under terms that result in owner-like powers. If on a 

particular case, a doubt exists on whether a particular "operator" can be considered as the owner for the purpose of 

this guidance, please contact the Airports District Office (ADO) in your area. A listing of ADOs can be found 

online. 

Appendix C 

09/30/2009 5190.6B 

54 The word efficiency refers to the efficient use of navigable airspace, an inherent FAA Air Traffic Control

function. It is not meant to be an interpretation that could be construed as protecting the “efficient’’ operation of an

existing aeronautical service provider for example. 

55 The FAA has for a long time and under certain circumstances, interpreted an aircraft owner’s right to self-service 

to include operators. For example, a significant number of aircraft operated by airlines are not owned but leased

under terms that give the operator airline owner-like powers. This includes operational control, exclusive use and

long-term lease terms. The same is true for other aeronautical operators such as charter companies, flight schools

and flying clubs, all of which may very well lease aircraft under terms that result in owner-like powers. If on a

particular case, a doubt exists on whether a particular “operator” can be considered as the owner for the purpose of

this guidance, please contact the Airports District Office (ADO) in your area. A listing of ADOs can be found 

online. 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 52 of 74
09/30/2009 5190.6B 

Appendix C 

Page 24 

(2) An airport sponsor must reasonably provide for self-servicing activity but is not 

obligated to lease airport facilities and land for such activity. That is, the airport sponsor is 

not required to encumber the airport with leases and facilities for self-servicing activity, 

and

(3) An airport sponsor is under no obligation to permit aircraft owners or operators to 

introduce equipment, personnel, or practices on the airport that would be unsafe, unsightly, 

or detrimental to the public welfare or that would affect the efficient use of airport facilities 

by the public.

NOTE: Fueling from a pull up commercial fuel pump is not considered self-fueling under the 

FAA grant assurances since it involves fueling from a self-service pump made available by the 

airport or a commercial aeronautical service provider. See definition of commercial self-fueling

in Appendix 1. 

Safety concerns are not limited to aeronautical activities but may include Occupational Safety 

and Health Administration (OSHA) standards, fire safety standards, building codes, or sanitation 

considerations. Restrictions by airport sponsors for safety must be reasonable. Examples of 

reasonable restrictions include restrictions placed on the handling of aviation fuel and other 

flammable products, including aircraft paint and thinners; requirements to keep fire lanes open; 

weight limitations placed on vehicles and aircraft to protect pavement from damage; and other 

similar safety based restrictions. 

f. Monopolies Beyond the Airport Sponsor’s Control. Certain exclusive franchises exist on

public airports that are sanctioned by local or federal law and do not contravene the FAA’s

policy against exclusive rights agreements. One such franchise that exists at most public airports 

is UNICOM, which provides frequencies for air-to-ground communications at airports. The 

Federal Communications Commission (FCC), which regulates and authorizes the use of

UNICOM frequencies, will not issue more than one ground station license at the same airport. 

Thus, an exclusive franchise is created. A legally supported franchise, such as UNICOM, grants

the recipient licensee an advantage over competitors, but does not result in a violation of the 

agency's prohibition against exclusive rights. In cases such as this, the FAA recommends that 

the airport sponsor obtain the subject license in its own name. Using droplines, the airport 

sponsor can then make the facility available to all fixed-base operations on an as needed basis. 

Regardless of which method the airport sponsor uses, control over the facility must be held by 

the individual or entity that holds the license.

1.5. THROUGH 1.8. RESERVED.

SECTION 2. THE ENFORCEMENT PROCESS 

2.1. AIRPORT COMPLIANCE PROGRAM. The FAA ensures airport sponsor compliance 

with federal grant obligations through its Airport Compliance Program. The Airport Compliance 

Program arises from requirements in the Airport and Airway Improvement Act of l982, as 

amended, 49 U.S.C. § 47101, et seq., and the airport sponsor’s agreement to comply with the

assurances contained in the grant agreement in exchange for federal airport development 

assistance. The Airport Compliance Program is designed to maintain a system of safe and 

Page 24 

(2) An airport sponsor must reasonably provide for self-servicing activity but is not 

obligated to lease airport facilities and land for such activity. That is, the airport sponsor is 

not required to encumber the airport with leases and facilities for self-servicing activity, 

and 

(3) An airport sponsor is under no obligation to permit aircraft owners or operators to 

introduce equipment, personnel, or practices on the airport that would be unsafe, unsightly, 

or detrimental to the public welfare or that would affect the efficient use of airport facilities 

by the public. 

NOTE: Fueling from a pull up commercial fuel pump is not considered self-fueling under the 

FAA grant assurances since it involves fueling from a self-service pump made available by the 

airport or a commercial aeronautical service provider. See definition of commercial self-fueling 

in Appendix 1. 

Safety concerns are not limited to aeronautical activities but may include Occupational Safety 

and Health Administration (OSHA) standards, fire safety standards, building codes, or sanitation 

considerations. Restrictions by airport sponsors for safety must be reasonable. Examples of 

reasonable restrictions include restrictions placed on the handling of aviation fuel and other 

flammable products, including aircraft paint and thinners; requirements to keep fire lanes open; 

weight limitations placed on vehicles and aircraft to protect pavement from damage; and other 

similar safety based restrictions. 

f. Monopolies Beyond the Airport Sponsor's Control. Certain exclusive franchises exist on 

public airports that are sanctioned by local or federal law and do not contravene the FAA's 

policy against exclusive rights agreements. One such franchise that exists at most public airports 

is UNICOM, which provides frequencies for air-to-ground communications at airports. The 

Federal Communications Commission (FCC), which regulates and authorizes the use of 

UNICOM frequencies, will not issue more than one ground station license at the same airport. 

Thus, an exclusive franchise is created. A legally supported franchise, such as UNICOM, grants 

the recipient licensee an advantage over competitors, but does not result in a violation of the 

agency's prohibition against exclusive rights. In cases such as this, the FAA recommends that 

the airport sponsor obtain the subject license in its own name. Using droplines, the airport 

sponsor can then make the facility available to all fixed-base operations on an as needed basis. 

Regardless of which method the airport sponsor uses, control over the facility must be held by 

the individual or entity that holds the license. 

1.5. THROUGH 1.8. RESERVED. 

SECTION 2. THE ENFORCEMENT PROCESS 

2.1. AIRPORT COMPLIANCE PROGRAM. The FAA ensures airport sponsor compliance 

with federal grant obligations through its Airport Compliance Program. The Airport Compliance 

Program arises from requirements in the Airport and Airway Improvement Act of l982, as 

amended, 49 U.S.C. § 47101, et seq, and the airport sponsor's agreement to comply with the 

assurances contained in the grant agreement in exchange for federal airport development 

assistance. The Airport Compliance Program is designed to maintain a system of safe and 

Appendix C 

09/30/2009 5190.6B 

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Appendix C 

Page 25 

properly maintained airports that are operated in a manner that protects the public’s interest and

investment in a national airport system.

a. Under the Airport Compliance Program, any person who believes that an airport sponsor may

be in noncompliance with a grant assurance may register their concerns with the local FAA 

Airport District Office (ADO). ADO personnel may investigate the allegations of 

noncompliance and, in the event that the allegations are confirmed, attempt to persuade the 

airport sponsor to come back into compliance. Should this measure prove unsatisfactory, the 

concerned party may file a formal complaint under 14 CFR Part 16, Rules of Practice for

Federally Assisted Airport Enforcement Proceedings. In addition, described in §16.29(b), the 

FAA may initiate its own investigation.

b. Complaints filed with the FAA under 14 CFR Part 16 are subject to an administrative review, 

which entails consideration of the complainant’s allegations and the airport sponsor’s response to 

the allegations. The FAA will make a formal written determination on the complaint. A

determination against the airport sponsor can result in an FAA action to withhold current and

future grant funding for the airport. The FAA’s final determination under 14 CFR Part 16 may be

appealed to the U.S. Court of Appeals. 

2.2. THROUGH 2.5. RESERVED. 

APPENDIX 1. DEFINITIONS 

1.1. The following are definitions for the specific purpose of this AC. 

a. Aeronautical Activity. Any activity that involves, makes possible, or is required for the 

operation of aircraft or that contributes to or is required for the safety of such operations. 

Activities within this definition, commonly conducted on airports, include, but are not limited to, 

the following: general and corporate aviation, air taxi and charter operations, scheduled and 

nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial 

photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft 

storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft 

parts, parachute or ultralight activities, and any other activities that, because of their direct 

relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities.

Other activities, such as model aircraft or model rocket operations, are not aeronautical activities. 

b. Airport District Office (ADO). These FAA offices are outlying units or extensions of 

regional airport divisions. They advise and assist airport sponsors with funding requests to 

improve and develop public airports. They also provide advisory services to the owners and 

operators of both public and private airports in the operation and maintenance of airports. See 

the FAA Web site for a complete listing of all ADO offices. 

c. Airport Sponsor. The airport sponsor is the entity that is legally, financially, and otherwise 

able to assume and carry out the certifications, representations, warranties, assurances, covenants

and other obligations required of sponsors, which are contained in the AIP grant agreement and

property conveyances. 

Page 25 

properly maintained airports that are operated in a manner that protects the public's interest and 

investment in a national airport system. 

a. Under the Airport Compliance Program, any person who believes that an airport sponsor may 

be in noncompliance with a grant assurance may register their concerns with the local FAA 

Airport District Office (ADO). ADO personnel may investigate the allegations of 

noncompliance and, in the event that the allegations are confirmed, attempt to persuade the 

airport sponsor to come back into compliance. Should this measure prove unsatisfactory, the 

concerned party may file a formal complaint under 14 CFR Part 16, Rules of Practice for 

Federally Assisted Airport Enforcement Proceedings. In addition, described in §16.29(b), the 

FAA may initiate its own investigation. 

b. Complaints filed with the FAA under 14 CFR Part 16 are subject to an administrative review, 

which entails consideration of the complainant's allegations and the airport sponsor's response to 

the allegations. The FAA will make a formal written determination on the complaint. A 

determination against the airport sponsor can result in an FAA action to withhold current and 

future grant funding for the airport. The FAA's final determination under 14 CFR Part 16 may be 

appealed to the U.S. Court of Appeals. 

2.2. THROUGH 2.5. RESERVED. 

APPENDIX 1. DEFINITIONS 

1.1. The following are definitions for the specific purpose of this AC. 

a. Aeronautical Activity. Any activity that involves, makes possible, or is required for the 

operation of aircraft or that contributes to or is required for the safety of such operations. 

Activities within this definition, commonly conducted on airports, include, but are not limited to, 

the following: general and corporate aviation, air taxi and charter operations, scheduled and 

nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial 

photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft 

storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft 

parts, parachute or ultralight activities, and any other activities that, because of their direct 

relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities. 

Other activities, such as model aircraft or model rocket operations, are not aeronautical activities. 

b. Airport District Office (ADO). These FAA offices are outlying units or extensions of 

regional airport divisions. They advise and assist airport sponsors with funding requests to 

improve and develop public airports. They also provide advisory services to the owners and 

operators of both public and private airports in the operation and maintenance of airports. See 

the FAA Web site for a complete listing of all ADO offices. 

c. Airport Sponsor. The airport sponsor is the entity that is legally, financially, and otherwise 

able to assume and carry out the certifications, representations, warranties, assurances, covenants 

and other obligations required of sponsors, which are contained in the AIP grant agreement and 

property conveyances. 

Appendix C 

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Appendix C 

Page 26 

d. Commercial Self-Service Fueling. A fueling concept that enables a pilot to fuel an aircraft

from a commercial fuel pump installed for that purpose by an FBO or the airport sponsor. The 

fueling facility may or may not be attended. 

e. Exclusive Right. A power, privilege, or other right excluding or debarring another from 

enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred 

either by express agreement, by the imposition of unreasonable standards or requirements, or by 

any other means. Such a right conferred on one or more parties, but excluding others from 

enjoying or exercising a similar right or rights, would be an exclusive right. 

f. Federal Airport Obligations. All references to a federal grant program, federal airport 

development assistance, or federal aid contained in this AC are intended to address obligations 

arising from the conveyance of land or from grant agreements entered under one of the following

acts:

 (1) Surplus Property Act of l944 (SPA), as amended, 49 U.S.C. §§ 47151-

47153. Surplus property instruments of transfer were issued by the War Assets 

Administration (WAA) and are now issued by its successor, the General Services

Administration (GSA). However, Public Law 81-311 specifically imposes upon the FAA 

the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is or has been 

conveyed to non-federal public agencies pursuant to the SPA. Under 50 U.S.C § 4715, 

et seq., property can be conferred for airport purposes if the FAA determines that the

property is essential, suitable, or desirable for the development, improvement, operation, 

or maintenance of a public airport. Recipients of surplus property grants are subject to 

the FAA prohibition against the granting of exclusive rights.

 (2) Federal Aid to Airports Program (FAAP). This grant-in-aid program 

administered by the agency under the authority of the Federal Airport Act of 1946, as 

amended, assisted public agencies in the development of a nationwide system of public 

airports. The Federal Airport Act of 1946 was repealed and superseded by the Airport 

Development Aid Program (ADAP) of 1970. 

 (3) Airport Development Aid Program (ADAP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Development 

Act of 1970, as amended, assisted public agencies in the expansion and substantial 

improvement of the Nation’s airport system. The l970 act was repealed and superseded

by the Airport and Airway Improvement Act of l982 (AAIA). 

 (4) Airport Improvement Program (AIP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Improvement

Act of l982, 49 U.S.C. § 47101, et seq., assists in maintaining a safe and efficient

nationwide system of public-use airports that meet the present and future needs of civil 

aeronautics.

g. Federal Grant Assurance. A federal grant assurance is a provision within a federal grant

agreement to which the recipient of federal airport development assistance has agreed to comply 

in consideration of the assistance provided.

Page 26 

d. Commercial Self-Service Fueling. A fueling concept that enables a pilot to fuel an aircraft 

from a commercial fuel pump installed for that purpose by an FBO or the airport sponsor. The 

fueling facility may or may not be attended. 

e. Exclusive Right. A power, privilege, or other right excluding or debarring another from 

enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred 

either by express agreement, by the imposition of unreasonable standards or requirements, or by 

any other means. Such a right conferred on one or more parties, but excluding others from 

enjoying or exercising a similar right or rights, would be an exclusive right. 

f. Federal Airport Obligations. All references to a federal grant program, federal airport 

development assistance, or federal aid contained in this AC are intended to address obligations 

arising from the conveyance of land or from grant agreements entered under one of the following 

acts: 

(1) Surplus Property Act of l944 (SPA), as amended, 49 U.S.C. §§ 47151-

47153. Surplus property instruments of transfer were issued by the War Assets 

Administration (WAA) and are now issued by its successor, the General Services 

Administration (GSA). However, Public Law 81-311 specifically imposes upon the FAA 

the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is or has been 

conveyed to non-federal public agencies pursuant to the SPA. Under 50 U.S.C § 4715, 

et seq., property can be conferred for airport purposes if the FAA determines that the 

property is essential, suitable, or desirable for the development, improvement, operation, 

or maintenance of a public airport. Recipients of surplus property grants are subject to 

the FAA prohibition against the granting of exclusive rights. 

(2) Federal Aid to Airports Program (FAAP). This grant-in-aid program 

administered by the agency under the authority of the Federal Airport Act of 1946, as 

amended, assisted public agencies in the development of a nationwide system of public 

airports. The Federal Airport Act of 1946 was repealed and superseded by the Airport 

Development Aid Program (ADAP) of 1970. 

(3) Airport Development Aid Program (ADAP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Development 

Act of 1970, as amended, assisted public agencies in the expansion and substantial 

improvement of the Nation's airport system. The l970 act was repealed and superseded 

by the Airport and Airway Improvement Act of l982 (AAIA). 

(4) Airport Improvement Program (AIP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Improvement 

Act of l982, 49 U.S.C. § 47101, et seq., assists in maintaining a safe and efficient 

nationwide system of public-use airports that meet the present and future needs of civil 

aeronautics. 

g. Federal Grant Assurance. A federal grant assurance is a provision within a federal grant 

agreement to which the recipient of federal airport development assistance has agreed to comply 

in consideration of the assistance provided. 

Appendix C 

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Appendix C 

Page 27 

h. Fixed-Base Operator (FBO). A business granted the right by the airport sponsor to operate

on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, 

aircraft rental, aircraft maintenance, flight instruction, etc.

i. Grant Agreement. A federal grant agreement represents any agreement made between the

FAA (on behalf of the United States) and an airport sponsor, whether it be for the grant of 

federal funding or a conveyance of land, each of which the airport sponsor agrees to use for 

aeronautical purposes.

j. Proprietary Exclusive. The owner of a public-use airport (public or private owner) may

elect to provide any or all of the aeronautical services needed by the public at the airport. In fact, 

the statutory prohibition against exclusive rights does not apply to these owners. However, while 

they may exercise the exclusive right to provide aeronautical services, they may not grant or 

convey this exclusive right to another party. The airport sponsor that elects to engage in a 

proprietary exclusive must use its own employees and resources to carry out its venture. An

independent commercial enterprise that has been designated as an agent of the airport sponsor 

may not exercise nor be granted such an exclusive right.

k. Public Airport. Means an airport open for public use and that is publicly owned and

controlled by a public agency.

l. Public-Use Airport. Means either a public airport or a privately owned airport opened for 

public use. 

n. Specialized Aviation Service Operations (SASO). SASOs are sometimes known as singleservice providers or special FBOs. These types of companies differ from a full service FBO in 

that they typically offer only a specialized aeronautical service such as aircraft sales, flight 

training, aircraft maintenance and avionics services for example.

o. Self-Fueling and Self-Service. Self-fueling means the fueling or servicing of an aircraft by 

the owner of the aircraft with his or her own employees and using his or her own equipment. 

Self-fueling cannot be contracted out to another party. Self-fueling implies using fuel obtained 

by the aircraft owner from the source of his/her preference. Self-fueling is differs from using a

self-service fueling pump made available by the airport, an FBO or an aeronautical service 

provider. The use of a self-service fueling pump is a commercial activity and is not considered 

self-fueling as defined herein. Self-service includes activities such as adjusting, repairing, 

cleaning, and otherwise providing service to an aircraft, provided the service is performed by the

aircraft owner or his/her employees with resources supplied by the aircraft owner. Title 14 CFR 

Part 43 of the Federal Aviation Regulations permits the holder of a pilot certificate to perform

specific types of preventative maintenance on any aircraft owned or operated by the pilot.

Page 27 

h. Fixed-Base Operator (FBO). A business granted the right by the airport sponsor to operate 

on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, 

aircraft rental, aircraft maintenance, flight instruction, etc. 

i. Grant Agreement. A federal grant agreement represents any agreement made between the 

FAA (on behalf of the United States) and an airport sponsor, whether it be for the grant of 

federal funding or a conveyance of land, each of which the airport sponsor agrees to use for 

aeronautical purposes. 

j. Proprietary Exclusive. The owner of a public-use airport (public or private owner) may 

elect to provide any or all of the aeronautical services needed by the public at the airport. In fact, 

the statutory prohibition against exclusive rights does not apply to these owners. However, while 

they may exercise the exclusive right to provide aeronautical services, they may not grant or 

convey this exclusive right to another party. The airport sponsor that elects to engage in a 

proprietary exclusive must use its own employees and resources to carry out its venture. An 

independent commercial enterprise that has been designated as an agent of the airport sponsor 

may not exercise nor be granted such an exclusive right. 

k. Public Airport. Means an airport open for public use and that is publicly owned and 

controlled by a public agency. 

l. Public-Use Airport. Means either a public airport or a privately owned airport opened for 

public use. 

n. Specialized Aviation Service Operations (SASO). SASOs are sometimes known as singleservice providers or special FBOs. These types of companies differ from a full service FBO in 

that they typically offer only a specialized aeronautical service such as aircraft sales, flight 

training, aircraft maintenance and avionics services for example. 

o. Self-Fueling and Self-Service. Self-fueling means the fueling or servicing of an aircraft by 

the owner of the aircraft with his or her own employees and using his or her own equipment. 

Self-fueling cannot be contracted out to another party. Self-fueling implies using fuel obtained 

by the aircraft owner from the source of his/her preference. Self-fueling is differs from using a 

self-service fueling pump made available by the airport, an FBO or an aeronautical service 

provider. The use of a self-service fueling pump is a commercial activity and is not considered 

self-fueling as defined herein. Self-service includes activities such as adjusting, repairing, 

cleaning, and otherwise providing service to an aircraft, provided the service is performed by the 

aircraft owner or his/her employees with resources supplied by the aircraft owner. Title 14 CFR 

Part 43 of the Federal Aviation Regulations permits the holder of a pilot certificate to perform 

specific types of preventative maintenance on any aircraft owned or operated by the pilot. 

Appendix C 

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Appendix C 

Page 29 

U.S. Department 

of Transportation 

Federal Aviation 

Administration

Advisory 

Circular 

Subject: MINIMUM STANDARDS FOR 

COMMERCIAL AERONAUTICAL ACTIVITIES

Date: January 3, 2006

Initiated by: AAS-400

(currently ACO-100) 

AC No: 150/5190-7 

Page 29 

© Advisory 

Circular 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Date: January 3, 2006 

Subject: MINIMUM STANDARDS FOR 

COMMERCIAL AERONAUTICAL ACTIVITIES Initiated by: AAS-400 

(currently ACO-100) 

AC No: 150/5190-7 

1. PURPOSE. This advisory circular (AC) provides basic information pertaining to the Federal 

Aviation Administration's (FAA's) recommendations on commercial minimum standards and 

related policies. Although minimum standards are optional, the FAA highly recommends their 

use and implementation as a means to minimize the potential for violations of federal obligations 

at federally obligated airports. 

2. CANCELLATION. AC 150/5190-5, Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities (Change 1), dated June 10, 2002, AC 150/5190-2, Exclusive 

Rights at Airports, dated April 4, l972, and AC 150/5190-1A, Minimum Standards for 

Commercial Aeronautical Activities on Public Airports, dated December 16, l985, are cancelled. 

3. BACKGROUND. In accordance with the Airport and Airway Improvement Act of l982, 49 

U.S.C. § 47101, et seq., and the Airport Improvement Program Sponsor Assurances, the owner 

or operator of any airport (airport sponsor) that has been developed or improved with federal 

grant assistance or conveyances of federal property assistance is required to operate the airport 

for the use and benefit of the public and to make it available for all types, kinds, and classes of 

aeronautical activity.56 The Surplus Property Act of l944 (as amended by 49 U.S.C., §§ 47151­

47153) contains a parallel obligation under its terms for the conveyance of federal property for 

airport purposes. Similar obligations exist for airports that have received nonsurplus government 

property under 49 U.S.C. § 47125 and previous corresponding statutes. 

These federal obligations involve several distinct requirements. 

airport and its facilities must be available for public use as an airport. The terms imposed on 

those who use the airport and its services must be reasonable and applied without unjust 

discrimination, whether by the airport sponsor or by a contractor or licensee who has been 

Most important is that the 

56 The legislative background for the provisions discussed in this AC began as early as l938 and evolved under the 

Federal Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP), and Airport Improvement 

Program (AIP). 

Appendix C 

09/30/2009 5190.6B 

1. PURPOSE. This advisory circular (AC) provides basic information pertaining to the Federal 

Aviation Administration’s (FAA’s) recommendations on commercial minimum standards and

related policies. Although minimum standards are optional, the FAA highly recommends their 

use and implementation as a means to minimize the potential for violations of federal obligations 

at federally obligated airports.

2. CANCELLATION. AC 150/5190-5, Exclusive Rights and Minimum Standards for 

Commercial Aeronautical Activities (Change 1), dated June 10, 2002, AC 150/5190-2, Exclusive 

Rights at Airports, dated April 4, l972, and AC 150/5190-1A, Minimum Standards for 

Commercial Aeronautical Activities on Public Airports, dated December 16, l985, are cancelled. 

3. BACKGROUND. In accordance with the Airport and Airway Improvement Act of l982, 49 

U.S.C. § 47101, et seq., and the Airport Improvement Program Sponsor Assurances, the owner

or operator of any airport (airport sponsor) that has been developed or improved with federal 

grant assistance or conveyances of federal property assistance is required to operate the airport 

for the use and benefit of the public and to make it available for all types, kinds, and classes of

aeronautical activity.56 The Surplus Property Act of l944 (as amended by 49 U.S.C., §§ 47151-

47153) contains a parallel obligation under its terms for the conveyance of federal property for 

airport purposes. Similar obligations exist for airports that have received nonsurplus government 

property under 49 U.S.C. § 47125 and previous corresponding statutes. 

These federal obligations involve several distinct requirements. Most important is that the 

airport and its facilities must be available for public use as an airport. The terms imposed on

those who use the airport and its services must be reasonable and applied without unjust 

discrimination, whether by the airport sponsor or by a contractor or licensee who has been 

56 The legislative background for the provisions discussed in this AC began as early as l938 and evolved under the

Federal Aid to Airports Program (FAAP), Airport Development Aid Program (ADAP), and Airport Improvement

Program (AIP). 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 58 of 74
09/30/2009 5190.6B 

Appendix C 

Page 30 

granted a right by the airport sponsor to offer services or commodities normally required to serve

aeronautical users of the airport.

Federal law requires that recipients of federal grants (administered by the FAA) sign a grant 

agreement or covenant in a conveyance of property that sets out the obligations that an airport 

sponsor assumes in exchange for federal assistance and that establishes the FAA’s enforcement

authority. The FAA’s policy of recommending the development of minimum standards stem

from the airport sponsor’s grant assurances and similar property conveyance obligations to make

the airport available for public use on reasonable conditions and without unjust discrimination. 

4. USE OF THIS AC. This AC addresses FAA’s policy on minimum standards and provides 

guidance on developing effective minimum standards. This AC describes the sponsor's

prerogative to establish minimum standards for commercial aeronautical service providers at 

federally obligated airports. Additionally, this AC provides guidelines for self-service operations 

and self-service rules and regulation of other aeronautical activities. It does not address 

requirements imposed on nonaeronautical entities, which are usually addressed as part of the 

airport’s contracts, leases, rules and regulations, and/or local laws. While the FAA does not 

approve minimum standards, it is the responsibility of the airports district and regional offices, if

requested by an airport sponsor, to review proposed minimum standards. The FAA regional and 

district offices may advise airport sponsors on the appropriateness of proposed standards to 

ensure that the standards do not place the airport in a position inconsistent with its federal 

obligations.

5. RELATED READING MATERIALS. 

 FAA Airport Compliance Requirements, Order 5190.6A, dated October 16, l989. 

 Further information can be obtained at the airports district office (ADO) in your area. A listing 

of ADOs can be found online. 

DAVID L. BENNETT 

Director, Office of Airport

 Safety and Standards 

Page 30 

granted a right by the airport sponsor to offer services or commodities normally required to serve 

aeronautical users of the airport. 

Federal law requires that recipients of federal grants (administered by the FAA) sign a grant 

agreement or covenant in a conveyance of property that sets out the obligations that an airport 

sponsor assumes in exchange for federal assistance and that establishes the FAA's enforcement 

authority. The FAA's policy of recommending the development of minimum standards stem 

from the airport sponsor's grant assurances and similar property conveyance obligations to make 

the airport available for public use on reasonable conditions and without unjust discrimination. 

4. USE OF THIS AC. This AC addresses FAA's policy on minimum standards and provides 

guidance on developing effective minimum standards. This AC describes the sponsor's 

prerogative to establish minimum standards for commercial aeronautical service providers at 

federally obligated airports. Additionally, this AC provides guidelines for self-service operations 

and self-service rules and regulation of other aeronautical activities. It does not address 

requirements imposed on nonaeronautical entities, which are usually addressed as part of the 

airport's contracts, leases, rules and regulations, and/or local laws. While the FAA does not 

approve minimum standards, it is the responsibility of the airports district and regional offices, if 

requested by an airport sponsor, to review proposed minimum standards. The FAA regional and 

district offices may advise airport sponsors on the appropriateness of proposed standards to 

ensure that the standards do not place the airport in a position inconsistent with its federal 

obligations. 

5. RELATED READING MATERIALS. 

FAA Airport Compliance Requirements, Order 5190.6A, dated October 16, l989. 

Further information can be obtained at the airports district office (ADO) in your area. A listing 

of ADOs can be found online. 

DAVID L. BENNETT 

Director, Office of Airport 

Safety and Standards 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 59 of 74
09/30/2009 5190.6B 

Appendix C 

Page 31 

SECTION 1. MINIMUM STANDARDS 

1.1. POLICY. The airport sponsor of a federally obligated airport agrees to make

available the opportunity to engage in commercial aeronautical activities by persons, 

firms, or corporations that meet reasonable minimum standards established by the airport 

sponsor. The airport sponsor’s purpose in imposing standards is to ensure a safe,

efficient and adequate level of operation and services is offered to the public. Such 

standards must be reasonable and not unjustly discriminatory. In exchange for the 

opportunity to engage in a commercial aeronautical activity, an aeronautical service 

provider engaged in an aeronautical activity agrees to comply with the minimum 

standards developed by the airport sponsor. Compliance with the airport’s minimum 

standards should be made part of an aeronautical service provider’s lease agreement with 

the airport sponsor.

The FAA suggests that airport sponsors establish reasonable minimum standards that are 

relevant to the proposed aeronautical activity with the goal of protecting the level and 

quality of services offered to the public. Once the airport sponsor has established 

minimum standards, it should apply them objectively and uniformly to all similarly 

situated on-airport aeronautical service providers. The failure to do so may result in a

violation of the prohibition against exclusive right and/or a finding of unjust economic

discrimination or imposing unreasonable terms and conditions for airport use. 

1.2. DEVELOPING MINIMUM STANDARDS. 

a. Objective. The FAA objective in recommending the development of minimum 

standards serves to promote safety in all airport activities, protect airport users from 

unlicensed and unauthorized products and services, maintain and enhance the 

availability of adequate services for all airport users, promote the orderly development of 

airport land, and efficiency of operations. Therefore, airport sponsors should strive to 

develop minimum standards that are fair and reasonable to all on-airport aeronautical 

service providers and relevant to the aeronautical activity to which it is applied. Any use

of minimum standards to protect the interests of an exclusive business operation may be 

interpreted as the grant of an exclusive right and a potential violation of the airport 

sponsor’s grant assurances and the FAA’s policy on exclusive rights. 

b. Authority Vested in Airport Sponsors. Grant Assurance 22, Economic 

Nondiscrimination, Sections (h) and (i) (see 49 U.S.C. § 47107) provides that the 

sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be 

met by all users of the airport as may be necessary for the safe and efficient operation of 

the airport. The sponsor may prohibit or limit any given type, kind or class of 

aeronautical use of the airport if such action is necessary for the safe operation of the 

airport or necessary to serve the civil aviation needs of the public.

Page 31 

SECTION 1. MINIMUM STANDARDS 

1.1. POLICY. The airport sponsor of a federally obligated airport agrees to make 

available the opportunity to engage in commercial aeronautical activities by persons, 

firms, or corporations that meet reasonable minimum standards established by the airport 

sponsor. The airport sponsor's purpose in imposing standards is to ensure a safe, 

efficient and adequate level of operation and services is offered to the public. Such 

standards must be reasonable and not unjustly discriminatory. In exchange for the 

opportunity to engage in a commercial aeronautical activity, an aeronautical service 

provider engaged in an aeronautical activity agrees to comply with the minimum 

standards developed by the airport sponsor. Compliance with the airport's minimum 

standards should be made part of an aeronautical service provider's lease agreement with 

the airport sponsor. 

The FAA suggests that airport sponsors establish reasonable minimum standards that are 

relevant to the proposed aeronautical activity with the goal of protecting the level and 

quality of services offered to the public. Once the airport sponsor has established 

minimum standards, it should apply them objectively and uniformly to all similarly 

situated on-airport aeronautical service providers. The failure to do so may result in a 

violation of the prohibition against exclusive right and/or a finding of unjust economic 

discrimination or imposing unreasonable terms and conditions for airport use. 

1.2. DEVELOPING MINIMUM STANDARDS. 

a. Objective. The FAA objective in recommending the development of minimum 

standards serves to promote safety in all airport activities, protect airport users from 

unlicensed and unauthorized products and services, maintain and enhance the 

availability of adequate services for all airport users, promote the orderly development of 

airport land, and efficiency of operations. Therefore, airport sponsors should strive to 

develop minimum standards that are fair and reasonable to all on-airport aeronautical 

service providers and relevant to the aeronautical activity to which it is applied. Any use 

of minimum standards to protect the interests of an exclusive business operation may be 

interpreted as the grant of an exclusive right and a potential violation of the airport 

sponsor's grant assurances and the FAA's policy on exclusive rights. 

Grant Assurance 22, Economic 

Nondiscrimination, Sections (h) and (i) (see 49 U.S.C. § 47107) provides that the 

sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be 

met by all users of the airport as may be necessary for the safe and efficient operation of 

the airport. The sponsor may prohibit or limit any given type, kind or class of 

aeronautical use of the airport if such action is necessary for the safe operation of the 

airport or necessary to serve the civil aviation needs of the public. 

b. Authority Vested in Airport Sponsors. 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 60 of 74
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Appendix C 

Page 32 

Under certain circumstances, an airport sponsor could deny airport users from conducting 

aeronautical activities at the airport for reasons of safety and efficiency.57 A denial based

on safety must be based on firm evidence demonstrating that safety will be compromised 

if the applicant is allowed to engage in the proposed aeronautical activity. Airport 

sponsors should carefully scrutinize the safety reasons for denying an aeronautical 

service provider the opportunity to engage in an aeronautical activity if the denial has the 

possible effect of limiting competition. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of 

safety. As such, an airport sponsor that is contemplating the denial of a proposed onairport aeronautical activity is encouraged to contact the local airports district office

(ADO) or the regional airports division. Those offices will then seek assistance from

FAA Flight Standards (FS) and Air Traffic (AT) to assess the reasonableness and the 

unjustly discriminatory aspects of proposed restrictions on aeronautical activities because 

of safety and efficiency. When dealing with proposed restrictions, assistance can be 

obtained from FAA personnel in either the local ADO or the regional airports division in 

determining the reasonableness of proposed restrictions.

c. Developing Minimum Standards. When developing minimum standards, the most

critical consideration is the particular nature of the aeronautical activity and operating

environment at the airport. Minimum standards should be tailored to the specific 

aeronautical activity and the airport to which they are to be applied. For example, it 

would be unreasonable to apply the minimum standards for an FBO at a medium or large 

hub airport to a general aviation airport serving primarily piston-powered aircraft. The

imposition of unreasonable requirements illustrates why “fill-in-the-blank” minimum

standards and the blanket adoption of standards of other airports may not be effective. 

Instead, the FAA has provided guidance in the form of questions and examples to 

illustrate an approach to the development and implementation of minimum standards. It

is important that the reader understand that what follows does not constitute a complete 

model for minimum standards, but rather a source of ideas to which the airport sponsor 

can turn when developing minimum standards. 

d. Sponsor Prerogative to Establish Minimum Standards. When the airport sponsor 

imposes reasonable and not unjustly discriminatory minimum standards for airport 

operations, and the airport sponsor restricts access or services based on those standards, 

the FAA will not find the airport sponsor in violation of the federal obligations provided 

the minimum standards: 

(1) Apply to all providers of aeronautical services, from full service FBOs to single

service providers.

Page 32 

Under certain circumstances, an airport sponsor could deny airport users from conducting 

aeronautical activities at the airport for reasons of safety and efficiency.57 A denial based 

on safety must be based on firm evidence demonstrating that safety will be compromised 

if the applicant is allowed to engage in the proposed aeronautical activity. Airport 

sponsors should carefully scrutinize the safety reasons for denying an aeronautical 

service provider the opportunity to engage in an aeronautical activity if the denial has the 

possible effect of limiting competition. 

The FAA is the final authority in determining what, in fact, constitutes a compromise of 

safety. As such, an airport sponsor that is contemplating the denial of a proposed onairport aeronautical activity is encouraged to contact the local airports district office 

(ADO) or the regional airports division. Those offices will then seek assistance from 

FAA Flight Standards (FS) and Air Traffic (AT) to assess the reasonableness and the 

unjustly discriminatory aspects of proposed restrictions on aeronautical activities because 

of safety and efficiency. When dealing with proposed restrictions, assistance can be 

obtained from FAA personnel in either the local ADO or the regional airports division in 

determining the reasonableness of proposed restrictions. 

c. Developing Minimum Standards. When developing minimum standards, the most 

critical consideration is the particular nature of the aeronautical activity and operating 

environment at the airport. Minimum standards should be tailored to the specific 

aeronautical activity and the airport to which they are to be applied. For example, it 

would be unreasonable to apply the minimum standards for an FBO at a medium or large 

hub airport to a general aviation airport serving primarily piston-powered aircraft. The 

imposition of unreasonable requirements illustrates why "fill-in-the-blank" minimum 

standards and the blanket adoption of standards of other airports may not be effective. 

Instead, the FAA has provided guidance in the form of questions and examples to 

illustrate an approach to the development and implementation of minimum standards. It 

is important that the reader understand that what follows does not constitute a complete 

model for minimum standards, but rather a source of ideas to which the airport sponsor 

can turn when developing minimum standards. 

d. Sponsor Prerogative to Establish Minimum Standards. When the airport sponsor 

imposes reasonable and not unjustly discriminatory minimum standards for airport 

operations, and the airport sponsor restricts access or services based on those standards, 

the FAA will not find the airport sponsor in violation of the federal obligations provided 

the minimum standards: 

(1) Apply to all providers of aeronautical services, from full service FBOs to single 

service providers. 

57 The word efficiency refers to the efficient use of navigable airspace, an Air Traffic Control function. It is 

not meant to be an interpretation that could be construed as protecting the "efficient'' operation of an 

existing aeronautical service provider for example. 

Appendix C 

09/30/2009 5190.6B 

57 The word efficiency refers to the efficient use of navigable airspace, an Air Traffic Control function. It is

not meant to be an interpretation that could be construed as protecting the “efficient’’ operation of an

existing aeronautical service provider for example. 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 61 of 74
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Appendix C 

Page 33 

(2) Impose conditions that ensure safe and efficient operation of the airport in 

accordance with FAA rules, regulations and guidance. 

(3) Are reasonable, not unjustly discriminatory, attainable, uniformly applied and 

reasonably protect the investment by providers of aeronautical services to meet 

minimum standards from competition not making a similar investment. 

(4) Are relevant to the activity to which they apply. 

(5) Provide the opportunity for newcomers who meet the minimum standards to 

offer their aeronautical services within the market demand for such services. 

Note: There is no requirement for inclusion of nonaeronautical activities in minimum

standards since those activities, such as a restaurant, parking or car rental concession are 

not covered under the grant assurances or covenants in conveyance of federal property. 

e. Practical Considerations. Many airport sponsors include minimum standards in their

lease agreements with aeronautical service providers. While minimum standards 

implemented in this manner can be effective, they also render the airport sponsor

vulnerable to the challenges of prospective aeronautical service providers on the grounds

that the minimum standards are not objective. The FAA encourages airport sponsors to 

periodically publish their minimum standards. Minimum standards can be amended 

periodically over time, however, a constant juggling of minimum standards is not 

encouraged. Demonstrating to aeronautical service providers that the changes to 

minimum standards are to improve the quality of the aeronautical service offered to the

public can most easily facilitate acceptance of changes. An airport sponsor can provide 

for periodic reviews of the minimum standards to ensure that the standards continue to be

reasonable. 

f. Factors to Consider. Numerous factors can and should be considered when 

developing minimum standards. Airport sponsors may avoid unreasonable standards by 

selecting factors that accurately reflect the nature of the aeronautical activity under 

consideration. It is impossible for the FAA to present every possible factor necessary for 

a task, mostly because of the vast differences that exist between individual airports.

Obvious factors one should consider are: 

(1) What type of airport is at issue? Is it a large airport or a small rural airport?

Will the airport provide service to only small general aviation aircraft or will it 

serve high performance aircraft and air taxi operators as well?

(2) What types of aeronautical activities will be conducted on the airport? 

(3) How much space will be required for each type of aeronautical activity that 

may prospectively operate at the airport?

(4) What type of documentation will business applicants be required to present as

evidence of financial stability and good credit?

Page 33 

(2) Impose conditions that ensure safe and efficient operation of the airport in 

accordance with FAA rules, regulations and guidance. 

(3) Are reasonable, not unjustly discriminatory, attainable, uniformly applied and 

reasonably protect the investment by providers of aeronautical services to meet 

minimum standards from competition not making a similar investment. 

(4) Are relevant to the activity to which they apply. 

(5) Provide the opportunity for newcomers who meet the minimum standards to 

offer their aeronautical services within the market demand for such services. 

Note: There is no requirement for inclusion of nonaeronautical activities in minimum 

standards since those activities, such as a restaurant, parking or car rental concession are 

not covered under the grant assurances or covenants in conveyance of federal property. 

e. Practical Considerations. Many airport sponsors include minimum standards in their 

lease agreements with aeronautical service providers. While minimum standards 

implemented in this manner can be effective, they also render the airport sponsor 

vulnerable to the challenges of prospective aeronautical service providers on the grounds 

that the minimum standards are not objective. The FAA encourages airport sponsors to 

periodically publish their minimum standards. Minimum standards can be amended 

periodically over time, however, a constant juggling of minimum standards is not 

encouraged. Demonstrating to aeronautical service providers that the changes to 

minimum standards are to improve the quality of the aeronautical service offered to the 

public can most easily facilitate acceptance of changes. An airport sponsor can provide 

for periodic reviews of the minimum standards to ensure that the standards continue to be 

reasonable. 

f. Factors to Consider. Numerous factors can and should be considered when 

developing minimum standards. Airport sponsors may avoid unreasonable standards by 

selecting factors that accurately reflect the nature of the aeronautical activity under 

consideration. It is impossible for the FAA to present every possible factor necessary for 

a task, mostly because of the vast differences that exist between individual airports. 

Obvious factors one should consider are: 

(1) What type of airport is at issue? Is it a large airport or a small rural airport? 

Will the airport provide service to only small general aviation aircraft or will it 

serve high performance aircraft and air taxi operators as well? 

(2) What types of aeronautical activities will be conducted on the airport? 

(3) How much space will be required for each type of aeronautical activity that 

may prospectively operate at the airport? 

(4) What type of documentation will business applicants be required to present as 

evidence of financial stability and good credit? 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 62 of 74
09/30/2009 5190.6B 

Appendix C 

Page 34 

(5) To what extent will each type of aeronautical activity be required to 

demonstrate compliance with sanitation, health, and safety codes?

(6) What requirements will be imposed regarding minimum insurance coverage and

indemnity provisions?

(7) Is each minimum standard relevant to the aeronautical activity for which it is to

be applied?

g. New Versus Existing Aeronautical Service Providers. Airport sponsors are 

encouraged to develop minimum standards for new aeronautical business ventures it 

desires to attract to the airport. Minimum standards may be part of a competitive

solicitation to encourage prospective service providers to be more responsive in their 

proposals. Minimum standards can be modified to reflect the airport’s experience and to 

be watchful for new opportunities (i.e., SASOs). Minimum standards should be updated 

so as to reflect current conditions that exist at the airport and not those that existed in the 

past. In any case, once an airport sponsor receives a proposal for a new aeronautical 

business, it must ascertain whether the existing minimum standards can be used for the 

new business or new minimum standards developed to better fit the new business

venture. However, in all cases, the airport sponsor must ensure that in changing 

minimum standards for whatever reason, it is not applying unreasonable standards or 

creating a situation that will unjustly discriminate against other similarly situated

aeronautical service providers. The FAA stands by the principle that once minimum 

standards have been established, airport sponsors must uniformly apply them to all 

similarly situated aeronautical service providers. Some points of consideration are as 

follows: 

(1) Can new minimum standards be designed to address the needs of both existing 

and future aeronautical business? If not, can a tiered set of minimum standards be

developed to address the same type of aeronautical activity but differ significantly 

in scale and investment (i.e., an FBO building large hangars and serving high 

performance aircraft and a second FBO building and only T-hangars, and serving 

only smaller general aviation aircraft)?

(2) Was the minimum standard created under a lease agreement (with a specific 

aeronautical service provider) so the subject standard may not be reasonable if 

applied to other aeronautical service providers?

(3) Has conformance to the minimum standards been made a part of the contract 

between the aeronautical service provider and the airport sponsor? 

(4) Has the financial performance of the airport improved or declined since the 

time the minimum standards were implemented? 

Page 34 

(5) To what extent will each type of aeronautical activity be required to 

demonstrate compliance with sanitation, health, and safety codes? 

(6) What requirements will be imposed regarding minimum insurance coverage and 

indemnity provisions? 

(7) Is each minimum standard relevant to the aeronautical activity for which it is to 

be applied? 

New Versus Existing Aeronautical Service Providers. Airport sponsors are 

encouraged to develop minimum standards for new aeronautical business ventures it 

desires to attract to the airport. Minimum standards may be part of a competitive 

solicitation to encourage prospective service providers to be more responsive in their 

proposals. Minimum standards can be modified to reflect the airport's experience and to 

be watchful for new opportunities (i.e., SASOs). Minimum standards should be updated 

so as to reflect current conditions that exist at the airport and not those that existed in the 

past. In any case, once an airport sponsor receives a proposal for a new aeronautical 

business, it must ascertain whether the existing minimum standards can be used for the 

new business or new minimum standards developed to better fit the new business 

However, in all cases, the airport sponsor must ensure that in changing 

g. 

venture. 

minimum standards for whatever reason, it is not applying unreasonable standards or 

creating a situation that will unjustly discriminate against other similarly situated 

aeronautical service providers. The FAA stands by the principle that once minimum 

standards have been established, airport sponsors must uniformly apply them to all 

similarly situated aeronautical service providers. Some points of consideration are as 

follows: 

(1) Can new minimum standards be designed to address the needs of both existing 

and future aeronautical business? If not, can a tiered set of minimum standards be 

developed to address the same type of aeronautical activity but differ significantly 

in scale and investment (i.e., an FBO building large hangars and serving high 

performance aircraft and a second FBO building and only T-hangars, and serving 

only smaller general aviation aircraft)? 

(2) Was the minimum standard created under a lease agreement (with a specific 

aeronautical service provider) so the subject standard may not be reasonable if 

applied to other aeronautical service providers? 

(3) Has conformance to the minimum standards been made a part of the contract 

between the aeronautical service provider and the airport sponsor? 

(4) Has the financial performance of the airport improved or declined since the 

time the minimum standards were implemented? 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 63 of 74
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Appendix C 

Page 35 

1.3. MINIMUM STANDARDS APPLY BY ACTIVITY.

Difficulties can arise if the airport sponsor requires that all business comply with all 

provisions of the published minimum standards. An airport sponsor should develop 

reasonable, relevant, and applicable standards for each type and class of service. 

a. Specialized Aviation Service Operations. When specialized aviation service

operations (SASOs), sometimes known as single-service providers or special FBOs, 

apply to do business on an airport, “all” provisions of the published minimum standards 

may not apply. This is not to say that all SASOs providing the same or similar services 

should not equally comply with all applicable minimum standards. However, an airport 

should not, without adequate justification, require that a service provider desiring to 

provide a single service also meet the criteria for a full-service FBO. Examples of these 

specialized services may include aircraft flying clubs, flight training, aircraft airframe

and powerplant repair/maintenance, aircraft charter, air taxi or air ambulance, aircraft 

sales, avionics, instrument or propeller services, or other specialized commercial flight 

support businesses.

b. Independent Operators. If individual operators are to be allowed to perform a

single-service aeronautical activity on the airport (aircraft washing, maintenance, etc.), 

the airport sponsor should have a licensing or permitting process in place that provides a

level of regulation and compensation satisfactory to the airport. Frequently, a yearly fee

or percentage of the gross receipts fee is a satisfactory way of monitoring this type of 

operation.

c. Self-Fueling and Other Self-Service Activities. Minimum standards do not apply to 

self-service operations. Self-fueling means the fueling or servicing of an aircraft by the 

owner of the aircraft with his or her own employees and using his or her own equipment. 

Self-fueling cannot be contracted out to another party. Self-fueling implies using fuel

obtained by the aircraft owner from the source of his/her preference. Self-fueling differs

from using a self-service fueling pump made available by the airport, an FBO or an 

aeronautical service provider. The use of a self-service fueling pump is a commercial 

activity and is not considered self-fueling as defined herein.

In addition to self-fueling, other self-service activities that can be performed by the 

aircraft owner with his or her own employees includes activities such as maintaining,

repairing, cleaning, and otherwise providing service to an aircraft, provided the service is

performed by the aircraft owner or his/her employees with resources supplied by the 

aircraft owner. Title 14 CFR Part 43 permits the holder of a pilot certificate to perform 

specific types of preventative maintenance on any aircraft owned or operated by the pilot.

1.4. “THROUGH-THE-FENCE” OPERATOR. The owner of an airport may, at 

times, enter into an agreement (i.e., access agreement or lease agreement) that permits 

access to the public landing area to independent operators offering an aeronautical 

activity or to owners of aircraft based on land adjacent to, but not a part of the airport 

property.

Page 35 

1.3. MINIMUM STANDARDS APPLY BY ACTIVITY. 

Difficulties can arise if the airport sponsor requires that all business comply with all 

provisions of the published minimum standards. An airport sponsor should develop 

reasonable, relevant, and applicable standards for each type and class of service. 

a. Specialized Aviation Service Operations. When specialized aviation service 

operations (SASOs), sometimes known as single-service providers or special FBOs, 

apply to do business on an airport, "all" provisions of the published minimum standards 

may not apply. This is not to say that all SASOs providing the same or similar services 

should not equally comply with all applicable minimum standards. However, an airport 

should not, without adequate justification, require that a service provider desiring to 

provide a single service also meet the criteria for a full-service FBO. Examples of these 

specialized services may include aircraft flying clubs, flight training, aircraft airframe 

and powerplant repair/maintenance, aircraft charter, air taxi or air ambulance, aircraft 

sales, avionics, instrument or propeller services, or other specialized commercial flight 

support businesses. 

b. Independent Operators. If individual operators are to be allowed to perform a 

single-service aeronautical activity on the airport (aircraft washing, maintenance, etc.), 

the airport sponsor should have a licensing or permitting process in place that provides a 

level of regulation and compensation satisfactory to the airport. Frequently, a yearly fee 

or percentage of the gross receipts fee is a satisfactory way of monitoring this type of 

operation. 

c. Self-Fueling and Other Self-Service Activities. Minimum standards do not apply to 

self-service operations. Self-fueling means the fueling or servicing of an aircraft by the 

owner of the aircraft with his or her own employees and using his or her own equipment. 

Self-fueling cannot be contracted out to another party. Self-fueling implies using fuel 

obtained by the aircraft owner from the source of his/her preference. Self-fueling differs 

from using a self-service fueling pump made available by the airport, an FBO or an 

aeronautical service provider. The use of a self-service fueling pump is a commercial 

activity and is not considered self-fueling as defined herein. 

In addition to self-fueling, other self-service activities that can be performed by the 

aircraft owner with his or her own employees includes activities such as maintaining, 

repairing, cleaning, and otherwise providing service to an aircraft, provided the service is 

performed by the aircraft owner or his/her employees with resources supplied by the 

aircraft owner. Title 14 CFR Part 43 permits the holder of a pilot certificate to perform 

specific types of preventative maintenance on any aircraft owned or operated by the pilot. 

1.4. "THROUGH-THE-FENCE" OPERATOR. The owner of an airport may, at 

times, enter into an agreement (i.e., access agreement or lease agreement) that permits 

access to the public landing area to independent operators offering an aeronautical 

activity or to owners of aircraft based on land adjacent to, but not a part of the airport 

property. 

Appendix C 

09/30/2009 5190.6B 

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Appendix C 

Page 36 

a. No Obligation to Permit Through-the-Fence. The obligation to make an airport 

available for the use and benefit of the public does not impose any requirement for the

airport sponsor to permit access by aircraft from adjacent property. The existence of such 

an arrangement could place an encumbrance upon the airport property unless the airport 

sponsor retains the legal right to, and in fact does, require the off-site property owner or

party granted access to the airport to conform in all respects to the requirements of any 

existing or proposed grant agreement or federal property conveyance obligation.

As a general principal, the FAA recommends that airport sponsors refrain from entering 

into any agreement that grants access to the public landing area by aircraft stored and 

serviced off-site on adjacent property. Exceptions can be granted on a case-by-case basis 

where operating restrictions ensure safety and equitable compensation for use of the 

airport. The existence of agreements granting access to a public landing area from offsite locations may complicate the control of vehicular and aircraft traffic and security of

the airfield operations area. 

Special safety and operational requirements may need to be incorporated into any access

agreement. The existence of agreements granting access to a public landing area from 

off-site locations shall be reported to regional airports divisions with a full statement of 

the circumstances. If the regional airports division determines that the access granted to 

an off-site party is in violation of an airport sponsor’s grant assurance and/or federal 

property conveyance obligation, it will pursue necessary corrective action to return the 

airport sponsor to compliance. 

b. Access Agreement. Any through-the-fence access should be subject to a written 

agreement between the airport sponsor and the party granted access. The access 

agreement should specify what specific rights of access are granted; payment provisions

that provide, at minimum, parity with similarly situated on-airport tenants and equitable 

compensation for the use of the airport; expiration date; default and termination 

provisions; insurance and indemnity provisions; and a clear statement that the access 

agreement is subordinate to the grant assurances and/or federal property conveyance 

obligations and that the sponsor shall have the express right to amend or terminate the

access agreement to ensure continued compliance with all grant assurances and federal 

property conveyance obligations.

The access agreement should have a fixed contract period and the airport sponsor is under 

no obligation to accept a proposed assignment or sale of the access agreement by one 

party to another. It is encouraged that airport sponsors expressly prohibit the sale or 

assignment of its access agreement. 

1.4. THROUGH 1.5. RESERVED. 

Page 36 

a. No Obligation to Permit Through-the-Fence. The obligation to make an airport 

available for the use and benefit of the public does not impose any requirement for the 

airport sponsor to permit access by aircraft from adjacent property. The existence of such 

an arrangement could place an encumbrance upon the airport property unless the airport 

sponsor retains the legal right to, and in fact does, require the off-site property owner or 

party granted access to the airport to conform in all respects to the requirements of any 

existing or proposed grant agreement or federal property conveyance obligation. 

As a general principal, the FAA recommends that airport sponsors refrain from entering 

into any agreement that grants access to the public landing area by aircraft stored and 

serviced off-site on adjacent property. Exceptions can be granted on a case-by-case basis 

where operating restrictions ensure safety and equitable compensation for use of the 

airport. The existence of agreements granting access to a public landing area from offsite locations may complicate the control of vehicular and aircraft traffic and security of 

the airfield operations area. 

Special safety and operational requirements may need to be incorporated into any access 

agreement. The existence of agreements granting access to a public landing area from 

off-site locations shall be reported to regional airports divisions with a full statement of 

the circumstances. If the regional airports division determines that the access granted to 

an off-site party is in violation of an airport sponsor's grant assurance and/or federal 

property conveyance obligation, it will pursue necessary corrective action to return the 

airport sponsor to compliance. 

b. Access Agreement. Any through-the-fence access should be subject to a written 

agreement between the airport sponsor and the party granted access. The access 

agreement should specify what specific rights of access are granted; payment provisions 

that provide, at minimum, parity with similarly situated on-airport tenants and equitable 

compensation for the use of the airport; expiration date; default and termination 

provisions; insurance and indemnity provisions; and a clear statement that the access 

agreement is subordinate to the grant assurances and/or federal property conveyance 

obligations and that the sponsor shall have the express right to amend or terminate the 

access agreement to ensure continued compliance with all grant assurances and federal 

property conveyance obligations. 

The access agreement should have a fixed contract period and the airport sponsor is under 

no obligation to accept a proposed assignment or sale of the access agreement by one 

party to another. It is encouraged that airport sponsors expressly prohibit the sale or 

assignment of its access agreement. 

1.4. THROUGH 1.5. RESERVED. 

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Appendix C 

Page 37 

SECTION 2. GUIDANCE ON DEVELOPING MINIMUM STANDARDS 

2.1. SAMPLE QUESTIONS. As a guide for the airport sponsor, the following series of 

questions are provided to address some of the various types of specific services or 

activities frequently offered to the public: 

a. Fuel Sales. The on-airport sale of fuel and oil requires numerous considerations that 

include, but are not limited to, the physical requirements for a safe and environmentally 

sound operation. Some recommended considerations are listed below: 

(1) Where on the airport will the fuel tanks be installed? Who will control access

to the fueling site? What parties will be granted access to the site to receive 

fueling services? 

(2) Will fuel tanks be installed above or below ground? Will fuel trucks be

utilized to fuel remotely parked aircraft?

(3) Will the fueling operator have sufficient fuel capacity and types of fuel to 

accommodate the mix of aircraft using the airport? 

(4) How many days supply of fuel will be available on airport and are provisions 

to resupply the on-airport fuel tanks sufficient to ensure a continuous fuel supply?

 (5) Will the fueling operator have suitable liability insurance and indemnify the 

airport sponsor for liability for its fueling operation, including fuel spills and 

environmental contamination?

b. Personnel Requirements. An aeronautical service provider’s need for personnel will

be dictated by the size of the airport and the public demand for aeronautical services. In

all instances, an airport sponsor will be well advised to ensure that aeronautical service 

providers have sufficient personnel to run their operation safely and meet aeronautical 

demand for the services in question. Naturally, the personnel requirements will vary with

the specific aeronautical service being offered. 

(1) How many fully trained and qualified personnel will be available each day 

and over what hours to provide aeronautical services? Will this reasonably

meet the demand by aeronautical users?

 (2) Describe the training and qualifications of personnel engaged in the services 

provided to aeronautical users. 

Page 37 

SECTION 2. GUIDANCE ON DEVELOPING MINIMUM STANDARDS 

2.1. SAMPLE QUESTIONS. As a guide for the airport sponsor, the following series of 

questions are provided to address some of the various types of specific services or 

activities frequently offered to the public: 

a. Fuel Sales. The on-airport sale of fuel and oil requires numerous considerations that 

include, but are not limited to, the physical requirements for a safe and environmentally 

sound operation. Some recommended considerations are listed below: 

(1) Where on the airport will the fuel tanks be installed? Who will control access 

to the fueling site? What parties will be granted access to the site to receive 

fueling services? 

(2) Will fuel tanks be installed above or below ground? Will fuel trucks be 

utilized to fuel remotely parked aircraft? 

(3) Will the fueling operator have sufficient fuel capacity and types of fuel to 

accommodate the mix of aircraft using the airport? 

(4) How many days supply of fuel will be available on airport and are provisions 

to resupply the on-airport fuel tanks sufficient to ensure a continuous fuel supply? 

(5) Will the fueling operator have suitable liability insurance and indemnify the 

airport sponsor for liability for its fueling operation, including fuel spills and 

environmental contamination? 

b. Personnel Requirements. An aeronautical service provider's need for personnel will 

be dictated by the size of the airport and the public demand for aeronautical services. In 

all instances, an airport sponsor will be well advised to ensure that aeronautical service 

providers have sufficient personnel to run their operation safely and meet aeronautical 

demand for the services in question. Naturally, the personnel requirements will vary with 

the specific aeronautical service being offered. 

(1) How many fully trained and qualified personnel will be available each day 

and over what hours to provide aeronautical services? Will this reasonably 

meet the demand by aeronautical users? 

(2) Describe the training and qualifications of personnel engaged in the services 

provided to aeronautical users. 

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Appendix C 

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c. Airport and Passenger Services. This is a necessary consideration in those instances

where the airport has aeronautical service providers engaged in handling services for air 

carrier and/or cargo carriers that do not provide their own support personnel on-site: 

(1) Provide a list of the equipment and services (both above and below wing) that 

will be provided by the aeronautical service provider, including ground power 

units, over night parking areas, towing equipment, starters, remote tie-down 

areas, jacks, oxygen, compressed air, tire repair, sanitary lavatory service, 

ticketing and passenger check-in services, office and baggage handling 

services and storage space. 

(2) What provisions have been made regarding passenger conveniences and 

services?

(a) Access to passenger loading bridges/steps, sanitary rest rooms, boarding 

hold rooms, telephones, food and beverage service, and other passenger 

concessions.

(b) Access to concession and ground transportation services for the benefit 

of passengers and/or crewmembers.

d. Flight Training Activities. On-airport flight training can be provided by the airport

sponsor/owner or by a service provider. The minimum standards imposed on flight

instruction operations should take the following information into consideration:

(1) What type of flight training will the service provider offer?

(2) What arrangements have been made for the office space the school is required

to maintain under 14 CFR 141.25? What is the minimum amount of classroom 

space that the service provider must obtain?

(3) Will flight training be provided on a full-time or part-time basis?

(4) What type of aircraft and how many will be available for training at the onairport location?

(5) What provisions have been made for the storage and maintenance of the 

aircraft? 

(6) What provisions will be made for rest rooms, briefing rooms, and food 

service?

(7) What coordination and contacts exist with the local Flight Standards District 

Office?

e. Aircraft Engine/Accessory Repair and Maintenance. The applicant for an onairport repair station is subject to several regulatory requirements under 14 CFR Part 145 

Page 38 

c. Airport and Passenger Services. This is a necessary consideration in those instances 

where the airport has aeronautical service providers engaged in handling services for air 

carrier and/or cargo carriers that do not provide their own support personnel on-site: 

(1) Provide a list of the equipment and services (both above and below wing) that 

will be provided by the aeronautical service provider, including ground power 

units, over night parking areas, towing equipment, starters, remote tie-down 

areas, jacks, oxygen, compressed air, tire repair, sanitary lavatory service, 

ticketing and passenger check-in services, office and baggage handling 

services and storage space. 

(2) What provisions have been made regarding passenger conveniences and 

services? 

(a) Access to passenger loading bridges/steps, sanitary rest rooms, boarding 

hold rooms, telephones, food and beverage service, and other passenger 

concessions. 

(b) Access to concession and ground transportation services for the benefit 

of passengers and/or crewmembers. 

d. Flight Training Activities. On-airport flight training can be provided by the airport 

sponsor/owner or by a service provider. The minimum standards imposed on flight 

instruction operations should take the following information into consideration: 

(1) What type of flight training will the service provider offer? 

(2) What arrangements have been made for the office space the school is required 

to maintain under 14 CFR 141.25? What is the minimum amount of classroom 

space that the service provider must obtain? 

(3) Will flight training be provided on a full-time or part-time basis? 

(4) What type of aircraft and how many will be available for training at the onairport location? 

(5) What provisions have been made for the storage and maintenance of the 

aircraft? 

(6) What provisions will be made for rest rooms, briefing rooms, and food 

service? 

(7) What coordination and contacts exist with the local Flight Standards District 

Office? 

e. Aircraft Engine/Accessory Repair and Maintenance. The applicant for an onairport repair station is subject to several regulatory requirements under 14 CFR Part 145 

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Appendix C 

Page 39 

Repair Stations. Depending on the type and size of the proposed repair station, the 

following questions may provide helpful guidelines: 

(1) What qualifications will be required of the repair station employees?

Typically, the holder of a domestic repair station certificate must provide 

adequate personnel who can perform, supervise, and inspect the work for which

the station is rated. 

(2) What repair station ratings does the applicant hold?

(3) What types of services will the repair station offer to the public? These

services can vary from repair to maintenance of aircraft and include painting, 

upholstery, etc. 

(4) Can the applicant secure sufficient airport space to provide facilities so work 

being done is protected from weather elements, dust, and heat? The amount of

space required will be directly related to the largest item or aircraft to be serviced 

under the operator’s rating. 

(5) Will suitable shop space exist to provide a place for machine tools and 

equipment in sufficient proximity to where the work is performed?

 (6) What amount of space will be necessary for the storage of standard parts,

spare parts, raw materials, etc.? 

(7) What type of lighting and ventilation will the work areas have? Will the

ventilation be adequate to protect the health and efficiency of the workers?

(8) If spray painting, cleaning, or machining is performed, has sufficient distance 

between the operations performed and the testing operations been provided so as 

to prevent adverse affects on testing equipment?

f. Skydiving. Skydiving is an aeronautical activity. Any restriction, limitation, or ban 

on skydiving on the airport must be based on the grant assurance that provides that the 

airport sponsor may prohibit or limit aeronautical use for the safe operation of the airport 

(subject to FAA approval). The following questions present reasonable factors the 

sponsor might contemplate when developing minimum standards that apply to skydiving: 

(1) Will this activity present or create a safety hazard to the normal operations of 

aircraft arriving or departing from the airport? If so, has the local airports district 

office (ADO) or the regional airports division been contacted and have those FAA 

offices sought the assistance from FAA Flight Standards (FS) and Air Traffic 

(AT) to assess allegations that safe airport operations would be jeopardized?

(2) Can skydiving operations be safely accommodated at the airport? Can a drop 

zone be safely established within the boundaries of the airport? Is guidance in 

FAA AC-90-66A Recommended Standards Traffic Patterns and Practices for 

Page 39 

Repair Stations. 

following questions may provide helpful guidelines: 

Depending on the type and size of the proposed repair station, the 

(1) What qualifications will be required of the repair station employees? 

Typically, the holder of a domestic repair station certificate must provide 

adequate personnel who can perform, supervise, and inspect the work for which 

the station is rated. 

(2) What repair station ratings does the applicant hold? 

(3) What types of services will the repair station offer to the public? 

services can vary from repair to maintenance of aircraft and include painting, 

upholstery, etc. 

These 

(4) Can the applicant secure sufficient airport space to provide facilities so work 

being done is protected from weather elements, dust, and heat? The amount of 

space required will be directly related to the largest item or aircraft to be serviced 

under the operator's rating. 

(5) Will suitable shop space exist to provide a place for machine tools and 

equipment in sufficient proximity to where the work is performed? 

(6) What amount of space will be necessary for the storage of standard parts, 

spare parts, raw materials, etc.? 

(7) What type of lighting and ventilation will the work areas have? Will the 

ventilation be adequate to protect the health and efficiency of the workers? 

(8) If spray painting, cleaning, or machining is performed, has sufficient distance 

between the operations performed and the testing operations been provided so as 

to prevent adverse affects on testing equipment? 

f. Skydiving. Skydiving is an aeronautical activity. Any restriction, limitation, or ban 

on skydiving on the airport must be based on the grant assurance that provides that the 

airport sponsor may prohibit or limit aeronautical use for the safe operation of the airport 

(subject to FAA approval). The following questions present reasonable factors the 

sponsor might contemplate when developing minimum standards that apply to skydiving: 

(1) Will this activity present or create a safety hazard to the normal operations of 

aircraft arriving or departing from the airport? If so, has the local airports district 

office (ADO) or the regional airports division been contacted and have those FAA 

offices sought the assistance from FAA Flight Standards (FS) and Air Traffic 

(AT) to assess allegations that safe airport operations would be jeopardized? 

(2) Can skydiving operations be safely accommodated at the airport? Can a drop 

zone be safely established within the boundaries of the airport? Is guidance in 

FAA AC-90-66A Recommended Standards Traffic Patterns and Practices for 

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Appendix C 

Page 40 

Aeronautical Operations at Airports Without Operating Control Towers, 14 CFR 

Part 105 and United States Parachute Association’s (USPA) Basic Safety 

Requirements being followed? 

(3) What reasonable time periods can be designated for jumping in a manner

consistent with Part 105? What experience requirements are needed for an onairport drop zone?

(4) What is a reasonable fee that the jumpers and/or their organizations can pay

for the privilege of using airport property?

(5) Has the relevant air traffic control facility been advised of the proposed 

parachute operation? Does air traffic have concerns about the efficiency and 

utility of the airport and its related instrument procedures?

(6) Will an FAA airspace study be necessary to determine the impact of the 

proposed activity on the efficiency and utility of the airport, related instrument

approaches or nearby Instrument Flight Rules (IFR)? If so, has FAA Air Traffic 

reviewed the matter and issued a finding? 

g. Ultralight Vehicles and Light Sport Aviation. The operation of ultralights and 

light sport aircraft are aeronautical activities and must, therefore, be generally 

accommodated on airports that have been developed with federal airport development 

assistance. Airport sponsors are encouraged to consider some of the following questions:

(1) Can ultralight aircraft be safely accommodated at the airport? Is guidance in

FAA AC-90-66A Recommended Standards Traffic Patterns and Practices for 

Aeronautical Operations at Airports Without Operating Control Towers and 14 

CFR Part 103 being followed?

(2) Can all types of Light Sport aircraft be safely accommodated at the airport? 

(3) Will this activity present or create a safety hazard to the normal operations of

aircraft arriving or departing from the airport? If so, has FAA Flight Standards 

reviewed the matter and issued a finding?

(4) Will an FAA airspace study be necessary to determine the efficiency and 

utility of the airport when considering the proposed activity? If so, has FAA Air 

Traffic reviewed the matter and issued a finding?

h. Fractional Aircraft Ownership. Fractional ownership programs are subject to an

FAA oversight program similar to that provided to air carriers, with the exception of en

route inspections. The FAA has for a long time and under certain circumstances, 

interpreted an aircraft owner’s right to self-service to include operators. For example, a 

significant number of aircraft operated by airlines are not owned but leased under terms

that give the operator airline owner-like powers. The same is true for other aeronautical 

operators such as charter companies, flight schools, and flying clubs, which may not hold 

Page 40 

Aeronautical Operations at Airports Without Operating Control Towers, 14 CFR 

Part 105 and United States Parachute Association's (USPA) Basic Safety 

Requirements being followed? 

(3) What reasonable time periods can be designated for jumping in a manner 

consistent with Part 105? What experience requirements are needed for an onairport drop zone? 

(4) What is a reasonable fee that the jumpers and/or their organizations can pay 

for the privilege of using airport property? 

(5) Has the relevant air traffic control facility been advised of the proposed 

parachute operation? Does air traffic have concerns about the efficiency and 

utility of the airport and its related instrument procedures? 

(6) Will an FAA airspace study be necessary to determine the impact of the 

proposed activity on the efficiency and utility of the airport, related instrument 

approaches or nearby Instrument Flight Rules (IFR)? If so, has FAA Air Traffic 

reviewed the matter and issued a finding? 

Ultralight Vehicles and Light Sport Aviation. The operation of ultralights and 

light sport aircraft are aeronautical activities and must, therefore, be generally 

accommodated on airports that have been developed with federal airport development 

assistance. Airport sponsors are encouraged to consider some of the following questions: 

g. 

(1) Can ultralight aircraft be safely accommodated at the airport? Is guidance in 

FAA AC-90-66A Recommended Standards Traffic Patterns and Practices for 

Aeronautical Operations at Airports Without Operating Control Towers and 14 

CFR Part 103 being followed? 

(2) Can all types of Light Sport aircraft be safely accommodated at the airport? 

(3) Will this activity present or create a safety hazard to the normal operations of 

aircraft arriving or departing from the airport? If so, has FAA Flight Standards 

reviewed the matter and issued a finding? 

(4) Will an FAA airspace study be necessary to determine the efficiency and 

utility of the airport when considering the proposed activity? If so, has FAA Air 

Traffic reviewed the matter and issued a finding? 

h. Fractional Aircraft Ownership. Fractional ownership programs are subject to an 

FAA oversight program similar to that provided to air carriers, with the exception of en 

route inspections. The FAA has for a long time and under certain circumstances, 

interpreted an aircraft owner's right to self-service to include operators. For example, a 

significant number of aircraft operated by airlines are not owned but leased under terms 

that give the operator airline owner-like powers. The same is true for other aeronautical 

operators such as charter companies, flight schools, and flying clubs, which may not hold 

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Appendix C 

Page 41 

title to the aircraft, but through leasing arrangements for example, retain full and 

exclusive control of the aircraft for long periods of time. The same is true of Part 91K

fractional ownership companies, which are subject to operational control responsibilities, 

maintenance and safety requirements not unlike Part 135 operators. Therefore, the FAA

considers companies engaged in operations under 14 CFR Part 91K to be aircraft

operators and therefore covered by the FAA’s self-service provisions.58

i. Other Requirements. When drafting minimum standards documents, airport sponsors 

may have to take into account other federal, state and local requirements. This include 

federal requirements and guidance by the Transportation Safety Administration (TSA)

and the Environmental Protection Agency (EPA), state requirements such as aircraft

registration (in some states) and local fire regulations. For guidance on matters such as 

these, please contact the FAA’s airports district office (ADO) in your area and/or state 

aviation agency. A listing of ADOs can be found online. Information and contacts 

regarding state aviation agencies is also available online. 

2.2. THROUGH 2.5. RESERVED.

Page 41 

title to the aircraft, but through leasing arrangements for example, retain full and 

exclusive control of the aircraft for long periods of time. The same is true of Part 91K 

fractional ownership companies, which are subject to operational control responsibilities, 

maintenance and safety requirements not unlike Part 135 operators. Therefore, the FAA 

considers companies engaged in operations under 14 CFR Part 91K to be aircraft 

operators and therefore covered by the FAA's self-service provisions.58 

i. Other Requirements. When drafting minimum standards documents, airport sponsors 

may have to take into account other federal, state and local requirements. This include 

federal requirements and guidance by the Transportation Safety Administration (TSA) 

and the Environmental Protection Agency (EPA), state requirements such as aircraft 

registration (in some states) and local fire regulations. For guidance on matters such as 

these, please contact the FAA's airports district office (ADO) in your area and/or state 

aviation agency. A listing of ADOs can be found online. Information and contacts 

regarding state aviation agencies is also available online. 

2.2. THROUGH 2.5. RESERVED. 

58 However, this interpretation does not mean that a fractional owner of numerous aircraft would be 

recognized as the "owner" entitled to self-service all of the aircraft under a particular Part 91K fractional 

ownership or that a fractional owner can self-service all his or hers aircraft regardless of who is operating 

the aircraft. In other words, a fractional owner may not self-service aircraft being used on behalf of another 

fractional owner. If on a particular case, a doubt exists on whether a particular "operator" can be considered 

as the owner for the purpose of this guidance, please contact the Airports District Office (ADO) in your 

area. A listing of ADOs can be found online. 

Appendix C 

09/30/2009 5190.6B 

58 However, this interpretation does not mean that a fractional owner of numerous aircraft would be

recognized as the “owner” entitled to self-service all of the aircraft under a particular Part 91K fractional

ownership or that a fractional owner can self-service all his or hers aircraft regardless of who is operating

the aircraft. In other words, a fractional owner may not self-service aircraft being used on behalf of another

fractional owner. If on a particular case, a doubt exists on whether a particular “operator” can be considered

as the owner for the purpose of this guidance, please contact the Airports District Office (ADO) in your

area. A listing of ADOs can be found online. 

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Appendix C 

Page 43 

APPENDIX 1. DEFINITIONS 

1.1. The following are definitions for the specific purpose of this AC. 

a. Aeronautical Activity. Any activity that involves, makes possible, or is required for the

operation of aircraft or that contributes to or is required for the safety of such operations. 

Activities within this definition, commonly conducted on airports, include, but are not limited to, 

the following: general and corporate aviation, air taxi and charter operations, scheduled and 

nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial 

photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft

storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft 

parts, parachute or ultralight activities, and any other activities that, because of their direct 

relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities.

Other activities, such as model aircraft or model rocket operations, are not aeronautical 

activities. 

b. Airport District Office (ADO). These FAA offices are outlying units or extensions of 

regional airport divisions. They advise and assist airport sponsors with funding requests to 

improve and develop public airports. They also provide advisory services to the owners and

operators of both public and private airports in the operation and maintenance of airports. 

c. Airport Sponsor. The airport sponsor is the entity that is legally, financially, and otherwise 

able to assume and carry out the certifications, representations, warranties, assurances, covenants

and other obligations required of sponsors, which are contained in the AIP grant agreement and 

property conveyances. 

d. Commercial Self-Service Fueling. A fueling concept that enables a pilot to fuel an aircraft 

from a commercial fuel pump installed for that purpose by an FBO or the airport sponsor. The 

fueling facility may or may not be attended. 

e. Exclusive Right. A power, privilege, or other right excluding or debarring another from 

enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred 

either by express agreement (i.e., lease agreement), by the imposition of unreasonable standards 

or requirements, or by any other means. Such a right conferred on one or more parties, but 

excluding others from enjoying or exercising a similar right or rights, would be an exclusive 

right.

f. Federal Airport Obligations. All references to a federal grant program, federal airport 

development assistance, or federal aid contained in this AC are intended to address obligations 

arising from the conveyance of land or from grant agreements entered under one of the

following acts: 

 (1) Surplus Property Act of l944 (SPA), as amended, 49 U.S.C. §§ 47151-

47153. Surplus property instruments of transfer were issued by the War Assets

Administration (WAA) and are now issued by its successor, the General Services

Administration (GSA). However, Public Law 81-311 specifically imposes upon the 

FAA the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is or has been 

conveyed to non-federal public agencies pursuant to the SPA. Under 50 U.S.C § 4715, 

Page 43 

APPENDIX 1. DEFINITIONS 

1.1. The following are definitions for the specific purpose of this AC. 

a. Aeronautical Activity. Any activity that involves, makes possible, or is required for the 

operation of aircraft or that contributes to or is required for the safety of such operations. 

Activities within this definition, commonly conducted on airports, include, but are not limited to, 

the following: general and corporate aviation, air taxi and charter operations, scheduled and 

nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial 

photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft 

storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft 

parts, parachute or ultralight activities, and any other activities that, because of their direct 

relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities. 

Other activities, such as model aircraft or model rocket operations, are not aeronautical 

activities. 

b. Airport District Office (ADO). These FAA offices are outlying units or extensions of 

regional airport divisions. They advise and assist airport sponsors with funding requests to 

improve and develop public airports. They also provide advisory services to the owners and 

operators of both public and private airports in the operation and maintenance of airports. 

c. Airport Sponsor. The airport sponsor is the entity that is legally, financially, and otherwise 

able to assume and carry out the certifications, representations, warranties, assurances, covenants 

and other obligations required of sponsors, which are contained in the AIP grant agreement and 

property conveyances. 

d. Commercial Self-Service Fueling. A fueling concept that enables a pilot to fuel an aircraft 

from a commercial fuel pump installed for that purpose by an FBO or the airport sponsor. The 

fueling facility may or may not be attended. 

e. Exclusive Right. A power, privilege, or other right excluding or debarring another from 

enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred 

either by express agreement (i.e., lease agreement), by the imposition of unreasonable standards 

or requirements, or by any other means. Such a right conferred on one or more parties, but 

excluding others from enjoying or exercising a similar right or rights, would be an exclusive 

right. 

f. Federal Airport Obligations. All references to a federal grant program, federal airport 

development assistance, or federal aid contained in this AC are intended to address obligations 

arising from the conveyance of land or from grant agreements entered under one of the 

following acts: 

(1) Surplus Property Act of l944 (SPA), as amended, 49 U.S.C. §§ 47151-

47153. Surplus property instruments of transfer were issued by the War Assets 

Administration (WAA) and are now issued by its successor, the General Services 

Administration (GSA). However, Public Law 81-311 specifically imposes upon the 

FAA the sole responsibility for determining and enforcing compliance with the terms and 

conditions of all instruments of transfer by which surplus airport property is or has been 

conveyed to non-federal public agencies pursuant to the SPA. Under 50 U.S.C § 4715, 

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et seq., property can be conferred for airport purposes if the FAA determines that the 

property is essential, suitable, or desirable for the development, improvement, operation, 

or maintenance of a public airport. Recipients of surplus property grants are subject to

the FAA prohibition against the granting of exclusive rights.

 (2) Federal Aid to Airports Program (FAAP). This grant-in-aid program

administered by the agency under the authority of the Federal Airport Act of 1946, as

amended, assisted public agencies in the development of a nationwide system of public 

airports. The Federal Airport Act of 1946 was repealed and superseded by the Airport 

Development Aid Program (ADAP) of 1970. 

 (3) Airport Development Aid Program (ADAP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Development 

Act of 1970, as amended, assisted public agencies in the expansion and substantial 

improvement of the Nation’s airport system. The l970 act was repealed and superseded 

by the Airport and Airway Improvement Act of l982 (AAIA). 

 (4) Airport Improvement Program (AIP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Improvement

Act of l982, 49 U.S.C. § 47101, et seq., assists in maintaining a safe and efficient 

nationwide system of public-use airports that meet the present and future needs of civil 

aeronautics.

g. Federal Grant Assurance. A federal grant assurance is a provision within a federal grant

agreement to which the recipient of federal airport development assistance has agreed to comply 

in consideration of the assistance provided.

h. Fixed-base Operator (FBO). A business granted the right by the airport sponsor to operate 

on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, 

aircraft rental, aircraft maintenance, flight instruction, etc.

i. Fractional Ownership. Fractional ownership operations are aircraft operations that take 

place under the auspices of 14 CFR Part 91 Subpart K. This type of operations offers aircraft 

owners increased flexibility in the ownership and operation of aircraft including shared or joint

aircraft ownership. They provides for the management of the aircraft by an aircraft management

company. The aircraft owners participating in the program agreed not only to share their own 

aircraft with others having a shared interest in that aircraft, but also to lease their aircraft to other

owners in the program (dry lease exchange program). The aircraft owners used the common 

management company to provide aviation management services including maintenance of the 

aircraft, pilot training and assignment, and administration of the leasing of the aircraft among the 

owners. Additional information is available online. 

j. Grant Agreement. A federal grant agreement represents any agreement made between the

FAA (on behalf of the United States) and an airport sponsor, whether it be for the grant of 

federal funding or a conveyance of land, each of which the airport sponsor agrees to use for 

aeronautical purposes.

l. Public Airport. Means an airport open for public use and that is publicly owned and 

controlled by a public agency.

m. Public-Use Airport. Means either a public airport or a privately owned airport opened for 

public use. 

Page 44 

et seq., property can be conferred for airport purposes if the FAA determines that the 

property is essential, suitable, or desirable for the development, improvement, operation, 

or maintenance of a public airport. Recipients of surplus property grants are subject to 

the FAA prohibition against the granting of exclusive rights. 

(2) Federal Aid to Airports Program (FAAP). This grant-in-aid program 

administered by the agency under the authority of the Federal Airport Act of 1946, as 

amended, assisted public agencies in the development of a nationwide system of public 

airports. The Federal Airport Act of 1946 was repealed and superseded by the Airport 

Development Aid Program (ADAP) of 1970. 

(3) Airport Development Aid Program (ADAP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Development 

Act of 1970, as amended, assisted public agencies in the expansion and substantial 

improvement of the Nation's airport system. The l970 act was repealed and superseded 

by the Airport and Airway Improvement Act of l982 (AAIA). 

(4) Airport Improvement Program (AIP). This grant-in-aid program 

administered by the FAA under the authority of the Airport and Airway Improvement 

Act of l982, 49 U.S.C. § 47101, et seq., assists in maintaining a safe and efficient 

nationwide system of public-use airports that meet the present and future needs of civil 

aeronautics. 

g. Federal Grant Assurance. A federal grant assurance is a provision within a federal grant 

agreement to which the recipient of federal airport development assistance has agreed to comply 

in consideration of the assistance provided. 

h. Fixed-base Operator (FBO). A business granted the right by the airport sponsor to operate 

on an airport and provide aeronautical services such as fueling, hangaring, tie-down and parking, 

aircraft rental, aircraft maintenance, flight instruction, etc. 

i. Fractional Ownership. Fractional ownership operations are aircraft operations that take 

place under the auspices of 14 CFR Part 91 Subpart K. This type of operations offers aircraft 

owners increased flexibility in the ownership and operation of aircraft including shared or joint 

aircraft ownership. They provides for the management of the aircraft by an aircraft management 

company. The aircraft owners participating in the program agreed not only to share their own 

aircraft with others having a shared interest in that aircraft, but also to lease their aircraft to other 

owners in the program (dry lease exchange program). The aircraft owners used the common 

management company to provide aviation management services including maintenance of the 

aircraft, pilot training and assignment, and administration of the leasing of the aircraft among the 

owners. Additional information is available online. 

j. Grant Agreement. A federal grant agreement represents any agreement made between the 

FAA (on behalf of the United States) and an airport sponsor, whether it be for the grant of 

federal funding or a conveyance of land, each of which the airport sponsor agrees to use for 

aeronautical purposes. 

l. Public Airport. Means an airport open for public use and that is publicly owned and 

controlled by a public agency. 

m. Public-Use Airport. Means either a public airport or a privately owned airport opened for 

public use. 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 73 of 74
09/30/2009 5190.6B 

Appendix C 

Page 45 

n. Specialized Aviation Service Operations (SASO). SASOs are sometimes known as singleservice providers or special FBOs. These types of companies differ from a full service FBO in 

that they typically offer a specialized aeronautical service, aircraft sales, such as flight training, 

aircraft maintenance and avionics services. 

o. Self-Fueling and Self-Service. Self-fueling means the fueling or servicing of an aircraft by 

the owner of the aircraft with his or her own employees and using his or her own equipment. 

Self-fueling cannot be contracted out to another party. Self-fueling implies using fuel obtained 

by the aircraft owner from the source of his/her preference. Self-fueling differs from using a selfservice fueling pump made available by the airport, an FBO or an aeronautical service provider.

The use of a self-service fueling pump is a commercial activity and is not considered self-fueling

as defined herein. Self-service includes activities such as adjusting, repairing, cleaning, and 

otherwise providing service to an aircraft, provided the service is performed by the aircraft

owner or his/her employees with resources supplied by the aircraft owner. Title 14 CFR Part 43 

of the Federal Aviation Regulations permits the holder of a pilot certificate to perform specific 

types of preventative maintenance on any aircraft owned or operated by the pilot. 

p. Through-the-Fence Operations. Through-the-fence operations are those activities permitted

by an airport sponsor through an agreement that permits access to the public landing area to

independent entities or operators offering an aeronautical activity or to owners of aircraft based

on land adjacent to, but not a part of the airport property. The obligation to make an airport 

available for the use and benefit of the public does not impose any requirement for the airport 

sponsor to permit access by aircraft from adjacent property. 

Page 45 

n. Specialized Aviation Service Operations (SASO). SASOs are sometimes known as singleservice providers or special FBOs. These types of companies differ from a full service FBO in 

that they typically offer a specialized aeronautical service, aircraft sales, such as flight training, 

aircraft maintenance and avionics services. 

o. Self-Fueling and Self-Service. Self-fueling means the fueling or servicing of an aircraft by 

the owner of the aircraft with his or her own employees and using his or her own equipment. 

Self-fueling cannot be contracted out to another party. Self-fueling implies using fuel obtained 

by the aircraft owner from the source of his/her preference. Self-fueling differs from using a selfservice fueling pump made available by the airport, an FBO or an aeronautical service provider. 

The use of a self-service fueling pump is a commercial activity and is not considered self-fueling 

as defined herein. Self-service includes activities such as adjusting, repairing, cleaning, and 

otherwise providing service to an aircraft, provided the service is performed by the aircraft 

owner or his/her employees with resources supplied by the aircraft owner. Title 14 CFR Part 43 

of the Federal Aviation Regulations permits the holder of a pilot certificate to perform specific 

types of preventative maintenance on any aircraft owned or operated by the pilot. 

p. Through-the-Fence Operations. Through-the-fence operations are those activities permitted 

by an airport sponsor through an agreement that permits access to the public landing area to 

independent entities or operators offering an aeronautical activity or to owners of aircraft based 

on land adjacent to, but not a part of the airport property. The obligation to make an airport 

available for the use and benefit of the public does not impose any requirement for the airport 

sponsor to permit access by aircraft from adjacent property. 

Appendix C 

09/30/2009 5190.6B 

Case 3:20-cv-03678-MCR-ZCB Document 71-4 Filed 11/28/22 Page 74 of 74