Airport Compliance Program, 68719-68720 [2021-25936]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68719-68720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25936]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Airport Compliance Program

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of availability of FAA Order 5190.6B, Change 1, Airport 
Compliance Manual.

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    This notice announces the availability of revisions to five 
chapters of FAA Order 5190.6B, Airport Compliance Manual, originally 
issued in September 2009. Order 5190.6B provides guidance to FAA 
employees on the implementation of the FAA's airport compliance 
program. Under the program, the FAA has the responsibility to assure 
airport sponsors comply with certain obligations that arise from FAA 
grant agreements and from deeds of property conveyance for airport use. 
The FAA is undertaking this update to ensure Order 5190.6B is accurate 
and consistent with current law and practice. As FAA updates Order 
5190.6B, revised chapters will be available electronically at: https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/.
    The FAA will identify the date of the update on each page of the 
Order.
    The updated Order will be identified as FAA Order 5190.6B, Change 
1. Each change will be numbered until the entire Order is updated. When 
this is complete, the new Order will be 5190.6C.
    At this time, the FAA has completed revisions to five chapters. The 
revised chapters can be found at: https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/.
    The updated chapters include: Chapter 1, Scope and Authority; 
Chapter 9, Unjust Discrimination between Aeronautical Users; Chapter 
10, Reasonable Commercial Minimum Standards; Chapter 11, Self-Service; 
and Chapter 23, Reversions of Airport Property. Each of the five 
chapters has been updated to remain current with Federal statutes, 
correct or update references to regulations, orders or other 
authorities, and make editorial changes. The FAA will revise the 
remaining chapters in the Order to reflect statutory changes, update or 
correct references to authorities, or make editorial changes. The FAA 
will provide electronic notice on its website, a summary of the changes 
to each chapter, and electronically update the Order.

DATES: Revisions to Chapters 1, 9, 10, 11, and 23 of FAA Order 5190.6 
are effective upon the date of publication of this notice. Subsequent 
revisions to chapters will be posted electronically at: https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/.

FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, Manager, 
Airport Compliance Division, ACO-100, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile: (202) 267-4629.
    Availability of Documents: FAA Order 5190.6BB, Change 1 is 
available on the FAA website at: https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/.
    You can get an electronic copy of the Order and all other documents 
in this docket using the internet by:
    (1) Visiting FAA's Regulations and Policies web page: https://www.faa.gov/regulations_policies

--or--

    (2) Accessing the Government Printing Office's web page: https://www.govinfo.gov/.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Airport Compliance and Management 
Analysis, 800 Independence Avenue SW, Washington, DC 20591, or by 
calling (202) 267-3085. Make sure to identify the FAA Order number 
being requested.

SUPPLEMENTARY INFORMATION:

Background

    The FAA administers several grant programs for airports, including 
the Airport Improvement Program (AIP), established by the Airport and 
Airway Improvement Act of 1982 as amended, 49 U.S.C. 47101 et seq., 
(AAIA).\1\ Section 47107 requires the Secretary of Transportation to 
obtain certain assurances from an airport operator as a condition of 
receiving a grant under the AIP. The FAA implements this requirement 
with a standard set of grant assurances for airport sponsors which can 
be viewed on the FAA Airports website at: https://www.faa.gov/airports/aip/grant_assurances/.
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    \1\ FAA also administers CARES, CRSSA and ARPA grants. These new 
grant programs are beyond the scope of this guidance. For more 
information, see https://www.faa.gov/airports/airport_rescue_grants/.
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    The FAA has issued a series of compliance manuals for the 
administration of the AIP and its predecessor grant programs. Order 
5190.6, Airport Compliance Requirements, was issued on August 24, 1973. 
Order 5190.6 was canceled and replaced by Order 5190.6A, Airport 
Compliance Requirements, on October 2, 1989. Order 5190.6A was replaced 
by Order 5190.6B on September 30, 2009. Each of these orders 
respectively, while in effect, has served as the handbook or manual for 
FAA employees responsible for monitoring and enforcing the compliance 
of airport sponsors with obligations to the Federal government. Those 
obligations most commonly arise from conditions or assurances contained 
in agreements with the FAA for grants in aid to airports. In addition 
to grant obligations, an airport sponsor may also have Federal 
obligations under a deed of property transferred under the Surplus 
Property Act of 1944, as amended, 49 U.S.C. 47151-47153, or the Federal 
Airports Act of 1946, as amended, 49 U.S.C. 47125, or property acquired 
with Federal funds.
    Since 2009, there have been changes to the laws and policies 
relating to the Federal obligations of airport sponsors and revisions 
to the procedures for investigating and resolving complaints that 
allege noncompliance. The Office of Airport Compliance and Management 
Analysis has worked closely with industry stakeholders since the Order 
was last updated in 2009 to gain the best understanding of issues of 
concern. Where applicable, the changes in this updated Order reflect 
feedback from industry stakeholders. Stakeholders may contact the 
Office of Airport Compliance and Management Analysis with additional 
concerns so that they may be considered for future updates to the 
Order. To incorporate any changes and provide the most useful and 
current program guidance to FAA employees, the Office of Airport 
Compliance and Management Analysis is undertaking a review of the Order 
and will publish updates as the chapter reviews are completed. The 
updated FAA Order 5190.6B will be located on the FAA website. 
Concurrent with this notice, the FAA has uploaded the first revised 
chapters to the Order, referred to as Order 5190.6B, Change 1. These 
are: Chapter 1, Scope and Authority; Chapter 9, Unjust Discrimination 
between Aeronautical Users; Chapter 10, Reasonable Commercial Minimum 
Standards; Chapter 11, Self-Service; and Chapter 23, Reversions of 
Airport Property.
    The FAA considered comments received to Order 5190.6B and updates 
to Chapters 1, 9, 10, 11, and 23 reflect the major issues raised. 
Updates to the Order's appendices also are included with this update.

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Summary of Changes to Order 5190.6B

     After review of public comments and experience since 2009 
with using Order 5190.B, the FAA is updating the Order starting with 
Chapters 1, 9, 10, 11, and 23 of the Order.
     Many of these changes are editorial and intended to 
clarify language based on suggestions received in public comments or 
recommendations from FAA employees.
     In other cases, the Order has been updated to align with 
new or revisions to Federal statutes, regulations, or orders which have 
been enacted or revised since 2009.
     Edits and additions to the revised chapters are intended 
to provide accurate and useful guidance on airport compliance policy 
for FAA employees and not to adopt significant changes in compliance 
policy. A summary of the changes will be posted on the FAA website as 
future chapters are revised.
    In addition to updating these five chapters listed above, the 
agency has revised several of the appendices to Order 5190.6B. The 
changes update citations and documents to provide current versions, 
delete obsolete references, and include more recent sample documents. 
As part of the updates, Appendices E-1, F-3, G-1, and S have been 
removed.

Future Updates to Order

    The FAA is continuing its review of all chapters of Order 5190.6B 
and will publish updates to the Order as it completes each review. 
Chapters may be updated individually or in related groups. These 
updates will reflect statutory, administrative, or clerical changes. It 
is intended that the Order will continue to be updated periodically as 
changes in statutes, regulations, or orders occur.
    The most current version of the updated chapters will be maintained 
at: https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/.
    Each chapter will contain the date of its most recent update.

Notice of Availability

    FAA Order 5190.6B.1, Airport Compliance Manual, with the updated 
Chapters 1, 9, 10, 11 and 23, is available at the locations listed in 
the ``Availability of Documents'' section of this notice.

    Issued in Washington, DC.
Kevin C. Willis,
Director, FAA, Office of Airport Compliance and Management Analysis.
[FR Doc. 2021-25936 Filed 12-2-21; 8:45 am]
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