U.S. Department Advisory

of Transportation 

Federal Aviation Circular 

Administration 

Subject: MINIMUM STANDARDS FOR Date: August 28, 2006 AC No: 150/5190-7 COMMERCIAL AERONAUTICAL 

ACTIVITIES Initiated by: AAS-400 Change: 

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, is cancelled. 

3. BACKGROUND. In accordance with the Airport and Airway Improvement Act of l982, 49 

United States Code (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.

1

 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 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. The FAA’s policy recommending minimum 

standards stems 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. 

1

 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). 
AC 150/5190-7 8/28/2006 

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 guidance 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. The FAA does not approve minimum standards. However, the 

FAA airports district and regional offices will review proposed minimum standards at the request of 

an airport sponsor. The FAA regional and district offices may advise airport sponsors on the 

appropriateness of proposed standards to ensure the standards do not place the airport in a position 

inconsistent with its Federal obligations. 

5. RELATED READING MATERIALS. 

a. FAA Airport Compliance Requirements, Order 5190.6A, dated October 16, l989. 

b. Further information can be obtained at the Airports District Office (ADO) in your area. A listing of 

ADOs can be found at http://www.faa.gov/airports_airtraffic/airports/regional_guidance/. 

DAVID L. BENNETT 

Director, Office of Airport 

 Safety and Standards 

2 
8/28/2006 AC 150/5190-7

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 rights and/or a finding of 

unjust economic discrimination for 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 ensure efficiency of operations. Therefore, 

airport sponsors should strive to develop minimum standards that are fair and reasonable to all onairport 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. 

Under certain circumstances, an airport sponsor could deny airport users the opportunity to conduct 

aeronautical activities at the airport for reasons of safety and efficiency.

2

 A denial based on safety 

must be based on 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 on-airport aeronautical activity 

2

 The word efficiency refers to the efficient use of navigable airspace, which is 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 at the airport. 

3 
AC 150/5190-7 8/28/2006 

is encouraged to contact the local Airports District Office (ADO) or the Regional Airports Office 

before taking action. Those offices will then seek assistance from FAA Flight Standards (FS) and Air 

Traffic (AT) to assess the reasonableness and whether unjust discrimination results from the proposed 

restrictions on aeronautical activities based on safety and efficiency. 

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 a fixed-base operator (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 “fillin-the-blank” minimum standards and the blanket adoption of standards of other airports may not be 

effective. Instead, in Section 2 of this document, 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 through the use 

of reasonable minimum standards, the FAA generally will not find the airport sponsor in violation of 

the Federal obligations. Considerations for applying those standards may include, but are not limited 

to, the following: 

(1) Apply standards to all providers of aeronautical services, from full service FBOs to single 

service providers; 

(2) Impose conditions that ensure safe and efficient operation of the airport in accordance with 

FAA rules, regulations, and guidance; 

(3) Ensure standards are reasonable, not unjustly discriminatory, attainable, uniformly applied 

and reasonably protect the investment of providers of aeronautical services to meet minimum 

standards from competition not making a similar investment; 

(4) Ensure standards are relevant to the activity to which they apply; and 

(5) Ensure standards 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 (such as a restaurant, 

parking or car rental concession) in minimum standards since those activities 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 publish their minimum standards periodically. 

Minimum standards can be amended periodically over time; however, a constant juggling of 

minimum standards is not encouraged. Notifying aeronautical service providers that the changes to 

4 
8/28/2006 AC 150/5190-7 

minimum standards are to improve the quality of the aeronautical service offered to the public can 

facilitate earlier acceptance of changes. An airport sponsor can provide for periodic reviews of the 

minimum standards to ensure that the standards continue to be reasonable. To foster a more receptive 

environment, the FAA encourages airport sponsors to include aeronautical users in the process 

leading to changes in minimum standards. 

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? 

(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. such as Specialized Aviation 

Service Operations (SASOs)). Minimum standards should be updated 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 should be 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 

5 
AC 150/5190-7 8/28/2006 

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? 

1.3. MINIMUM STANDARDS APPLY BY ACTIVITY. 

Difficulties can arise if the airport sponsor requires that all businesses 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 or less than full 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. Airport sponsors generally do not allow fuel sales alone as a SASO, but 

usually require that fuel sales be bundled with other services. 

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. Since self-service operations performed by 

the owner or operator of the aircraft using his or her own employees and equipment are not 

commercial activities, the FAA recommends that airport sponsor requirements concerning those noncommercial activities be separate from the document designed to address commercial activities. 

Airport rules and regulations or specific language in leases can better address requirements 

concerning self-service operations and other airport activities. 

Self-fueling means the fueling or servicing of an aircraft (i.e. changing the oil, washing) by the owner 

of the aircraft with his or her own employees and using his or her own equipment. Self-fueling and 

other self-services cannot be contracted out to another party. Self-fueling implies using fuel obtained 

by the aircraft owner from the source of his/her preference. As one of many self-service activities that 

can be conducted by the aircraft owner or operator by his or her own employees using his or her own 

equipment, self-fueling, differs from using a self-service fueling pump made available by the airport, 

6 
8/28/2006 AC 150/5190-7 

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 Code of Federal 

Regulations (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 by 

independent operators offering an aeronautical activity or to owners of aircraft based on land adjacent 

to, but not a part of, the airport property. However, a through-the-fence operation could undermine an 

airport’s minimum standards unless the airport sponsor is careful to apply its minimum standards 

through an airport access agreement, including conditions to protect the airport’s ability to meet all of 

its Federal obligations. 

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 require the airport sponsor to permit ground access by aircraft 

from adjacent property. Through-the-fence arrangements can place an encumbrance upon the airport 

property and reduce the airport’s ability to meet its Federal obligations. As a general principal the 

FAA does not support agreements that grant access to the public landing area by aircraft stored and 

serviced off-site on adjacent property. 

In some cases, however, the airport sponsor may opt to grant through-the-fence access, but it should 

do so on a case-by-case basis and only when the airport retains its ability to meet its Federal 

obligations. To minimize the possibility of conflict between a through-the-fence agreement and the 

airports’ ability to meet its Federal obligations, the airport sponsor must retain the legal right to 

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. This includes requirements to ensure operating safety and equitable compensation for use 

of the airport. Special safety and operational requirements should be incorporated into any access 

agreement to ensure that the through-the-fence access does not complicate the control of vehicular 

and aircraft traffic or compromise the security of the airfield operations area. 

Proposed new agreements granting access to a public landing area from off-site locations should be 

reported to the FAA Regional Airports Division with a full statement of the circumstances and a copy 

of the proposed through-the-fence or access agreement so the FAA can review it for consistency with 

the airport sponsor’s Federal obligations and incorporate it into the current Airport Layout Plan 

(ALP). 

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 a 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. 

7 
AC 150/5190-7 8/28/2006 

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. 

1.5. RESERVED. 

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? 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. 

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: 

8 
8/28/2006 AC 150/5190-7

(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 on-airport 

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 on-airport repair 

station is subject to several regulatory requirements under 14 CFR Part 145 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. 

9 
AC 150/5190-7 8/28/2006 

(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 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 Office been contacted and have those FAA offices sought the 

assistance from FAA Flight Standards (FS) and Air Traffic (AT) to assess whether 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 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 on-airport 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 the air traffic control facility have concerns about the efficiency and utility 

of the airport and its related instrument procedures? 

(6) Will it 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 

10 
8/28/2006 AC 150/5190-7 

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 selfservice 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 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 14 CFR Part 91 Subpart K. 

Fractional ownership companies are subject to operational control responsibilities, maintenance 

requirements, and safety requirements not unlike 14 CFR Part 135 operators. For additional 

information on fractional ownership, contact your local Flight Standards District Office. 

i. Other Requirements. When drafting minimum standards documents, airport sponsors may have to 

take into account other Federal, state, and local requirements. This includes 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 at 

http://www.faa.gov/airports_airtraffic/airports/regional_guidance/. Information and contacts 

regarding state aviation agencies is available at http://www.nasao.org/. 

2.2. THROUGH 2.5. RESERVED. 

11 
AC 150/5190-7 8/28/2006 

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. Activities, such as model aircraft and model 

rocket operations, are not aeronautical activities. 

b. Airport. An area of land or water that is used, or intended to be used, for the aircraft takeoff and 

landing. It includes any appurtenant areas used, or intended to be used, for airport buildings or other 

airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. It 

also includes any heliport. 

c. 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 at http://www.faa.gov/airports_airtraffic/airports/regional_guidance/. 

d. Airport Sponsor. The airport sponsor is either a public agency or a private owner of a public-use 

airport that submits to the FAA an application for financial assistance (such as AIP grants) for the 

airport. In accepting an application for financial assistance, the FAA will ensure that the airport 

sponsor 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. 

e. 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. 

f. 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. 

g. 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, the 

law imposes upon the FAA (delegated to FAA from The Department of Transportation) the 

sole responsibility for determining and enforcing compliance with the terms and conditions of 

12 
8/28/2006 AC 150/5190-7

all instruments of transfer by which surplus airport property is or has been conveyed to nonFederal public agencies pursuant to the SPA. 49 U.S.C. § 47151(b). 

(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 1982 (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. 

h. 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. Grant assurances are required by statute, 49 U.S.C. § 

47101. 

i. Fixed-Base Operator (FBO). A commercial 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. 

j. Fractional Ownership. Fractional ownership operations are aircraft operations that take place 

under the auspices of 14 CFR Part 91 Subpart K. This type of operation offers aircraft owners 

increased flexibility in the ownership and operation of aircraft including shared or joint aircraft 

ownership. It provides for the management of the aircraft by an aircraft management company. The 

aircraft owners participating in the program agree 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).3

 A fractional owner or owner means an individual or entity that 

possesses a minimum fractional ownership interest in a program aircraft and that has entered into the 

applicable program agreements. For additional information, please see 14 CFR 91.1001 Applicability 

at http://www.access.gpo.gov/nara/cfr/waisidx_04/14cfr91_04.html and contact your local Flight 

Standards District Office. 

k. Grant Agreement. A Federal grant agreement represents an agreement made between the FAA 

(on behalf of the United States) and an airport sponsor for the grant of Federal funding. 

l. Public Airport. Means an airport open for public use that is publicly owned and controlled by a 

public agency. 

m. Public-Use Airport. Means either a public airport or a privately owned airport open for public 

use. 

3

 A dry lease aircraft exchange means an arrangement, documented by the written program agreements, under which 

program aircraft are available, on an as needed basis without crew, to each fractional owner. 

13 
AC 150/5190-7 8/28/2006 

n. Specialized Aviation Service Operations (SASO). SASOs are sometimes known as singleservice providers or special FBOs performing less than full services. 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, or avionics services for example. 

o. Self-Fueling and Self-Service. Self-fueling means the fueling or servicing of an aircraft (i.e. 

changing the oil, washing) by the owner of the aircraft with his or her own employees and using his 

or her own equipment. Self-fueling and other self-services cannot be contracted out to another party. 

Self-fueling implies using fuel obtained by the aircraft owner from the source of his/her preference. 

As one of many self-service activities that can be conducted by the aircraft owner or operator by his 

or her own employees using his or her own equipment, 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. 

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 by 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 ground access 

by aircraft from adjacent property. 

14