January-February 2022 - 37

LEGAL MATTERS
aviation aprons constructed with federal assistance. This
includes a discussion of management agreements whereby
an Airport Sponsor contracts with an FBO to manage the
apron area. It also includes an expanded discussion relating to
lease agreements. It specifically provides that an airport may
lease apron areas provided that it complies with the Federal
Grant Assurances. It does, however, require the Airport to
seek FAA approval when the apron area was constructed using
Airport Improvement Program (AIP) funding. (See FAA Order
5190.6B, Change 1, Sec. 9.7(d)(2)). It also specifically provides
that the " lease of any apron area to an FBO should not result in
activity or use contrary to the approved Airport Layout Plan (ALP)
and or the intended use of the AIP funded infrastructure. " (FAA
Order 5190.6B, Change 1, Sec. 9.7(d)(2)).
In addition, Chapter 9 has been updated in the following
ways:
* It specifically provides that Air Carrier Incentive
Programs designed to attract new air service and competition
are permissible provided that the program is
implemented in a nondiscriminatory manner (FAA
Order 5190.6B, Change 1 at Sec. 9.2); and
* The discussion of minimum standards has been expanded
to provide that the standards must not unreasonably deny
access, and uses insurance requirements as an example
(FAA Order 5190.6B, Change 1 at Sec. 9.6(d)).
Chapter 10, Reasonable Commercial
Minimum Standards
Chapter 10 addresses commercial minimum standards and
" describes the sponsor's discretion to establish minimum standards for
commercial service providers and airport regulations for all other airport
activities. " (FAA Order 5190.6B, Change 1 at Sec. 10.1)).
Changes to Chapter 10 include:
* A reference that it would be unreasonable to establish
a minimum standard that precluded a Fixed-Based
Operator (FBO) from selling ethanol-free premium
unleaded automotive fuel at an airport where users
routinely operate aircraft that use automotive fuel (FAA
Order 5190.6B, Change 1 at Sec. 10.5(a));
* A discussion about the application of minimum standards
to Specialized Aviation Service Operations (SASOs)
wherein the FAA advised that airports should not require
SASOs to meet all minimum standards required of FBOs.
The FAA further clarifies that " Airport sponsors are not
required to permit a SASO for fuel sales alone. The right to
sell fuel is generally bundled with other required services. " (FAA
Order 5190.6B, Change 1 at Sec. 10.5(f));
* Detailed discussion of flying clubs based on the FAA's
Policy Interpretation regarding the operation of flying
clubs at federally obligated airports (81 FR 13719; March
15, 2016) which requires the following: (1) flying clubs
cannot hold themselves out as FBOs, flight schools or
businesses offering services to the general public, (2)
certified flight instructors and mechanics should be
permitted to receive either monetary compensation or
discounted/waived membership fees but not both; and (3)
flying clubs must not indicate, in any form of marketing
*
and/or communications that they are a business where
people can learn to fly; and
* A detailed discussion of illegal charter. Specifically, it
acknowledges that illegal charters, sometimes referred
to as illegal Part 135 charters, operate without meeting
the safety requirements of certificated air carriers. The
guidance offers that illegal charter can sometimes present
as flight instruction or aircraft demonstration flights.
It further encourages Airport Sponsors to (1) report
suspected illegal charter to the FAA for investigation,
(2) include terms in leases requiring compliance with
Federal Aviation Regulations and require tenants to
provide a listing of aircraft used for commercial activities
and their owners; and (3) require copies of FAA issued Air
Operating Certificates. ((FAA Order 5190.6B, Change
1 at Sec. 10.7).
Chapter 11, Self-Service
Chapter 11 of the Airport Compliance Manual addresses
" Self-Service. " " The FAA considers the right to self-service as
prohibiting the establishment of any unreasonable restriction on the
owners or operators of aircraft regarding the servicing of their own
aircraft and equipment. " (FAA Order 5190.6B, Change 1 at Sect.
11.2). This chapter has been updated to identify the following
activities that are included within the right to self-service: the
right to " tie down, adjust, refuel, clean, perform self-service repair
and preventative maintenance, and otherwise take care of their own
aircraft provided their employees perform these tasks. " (FAA Order
5190.6B, Change 1 at Sec. 11.2). The FAA further clarifies
that the " establishment of reasonable rules, applied in a not unjustly
discriminatory manner, that restrict the introduction of equipment,
personnel, or practices that would be unsafe, detrimental to the public
welfare, or that would affect the efficient use of airport facilities by
others, will not be considered a violation of Grant Assurance 22(f),
Economic Nondiscrimination. " (FAA Order 5190.6B, Change 1
at Sec. 11.2).
Chapter 11 has also been updated to specify that the following
preventative maintenance activities must be permitted:
* A general aviation aircraft owner or operator may perform
preventative maintenance in accordance with 14 CFR
Part 43, and aircraft restoration, major repairs and alterations
if the owner holds the appropriate certificate to
perform same (FAA Order 5190.6B, Change 1, Sec.
11.3(d)(1));
* Part 121 and Part 135 operators may perform maintenance,
preventative maintenance, and alterations as
provided for in 14 CFR Parts 121 and 135 (FAA Order
5190.6B, Change 1, Sec. 11.3(d)(2));
" The holder of a sport pilot certificate who owns or operates a
light sport category aircraft may perform preventive maintenance
on that light sport category aircraft. " (FAA Order 5190.6B,
Change 1, Sec. 11.3(d)(3)); and
* Owners and operators of aircraft with an experimental
certificate can perform maintenance, repairs, and alterations
of the aircraft if the owner or operator holds an
appropriate repairmen certificate (FAA Order 5190.6B,
Change 1, Sec. 11.3(d)(4)). 
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January-February 2022

Table of Contents for the Digital Edition of January-February 2022
