The Right to Self-Fuel (2009)

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12 APPENDIX A Relevant Terms and Definitions Bona Fide Employees—Person who is employed by the owner of the aircraft and whose employment can be verified by the United States Internal Revenue Service. Commercial Self-Service—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. Directly and Substantially Affected—Any person doing business with the airport and paying fees or rentals to the airport shall be considered directly and substantially affected by alleged revenue diversion as defined in 49 U.S.C. 47107(b). Director’s Determination—The initial determination made by the Director of the Office of Airport Safety and Standards following an investigation, which is a nonfinal agency decision. Equipment—Should include machinery, together with the necessary supplies, tools, and apparatus re- quired to properly conduct the activity being performed. This would clearly include any tank vehicle (tank truck, tank fuel trailer, tank semi-trailer) employed in the transportation, storage, or transfer of fuel into or from an aircraft. Express Agreements—Written or oral contracts that contain the intentions of the involved parties. Federally-obligated—Any sponsor of a public-use airport that has accepted federal assistance, either in the form of grants or property conveyances. Final Decision and Order—A final agency decision that disposes of a complaint or determines a re- spondent’s compliance with any act. Fixed Base Operator (FBO)—A business granted the right by the airport sponsor to operate on an air- port and provide aeronautical services such as fueling, hangaring, tie-down and parking, aircraft rental, air- craft maintenance, and flight instruction. General Standard of Compliance—The FAA’s position that the airport owner meets commitments when: (a) the obligations are fully understood, (b) a program (preventive maintenance, leasing policies, op- erating regulations, etc.) is in place which in the FAA’s judgment is adequate to reasonably carry out these commitments, and (c) the owner satisfactorily demonstrates that such a program is being carried out. Grant Assurances—Once an airport accepts a federal grant, it becomes “federally obligated” and is re- sponsible for adhering to numerous grant assurances. See “Federal Grant Assurance” in Advisory Circular 150/5190-6A for detailed information. Independent Contractors—Perform work independently, and this work is not subject to the control of a supervisor with regard to the methods used to provide service. Independent contractors are usually paid a prearranged fee for fulfilling a specific scope of work within a set period of time.

13 Margin—The amount the sponsor charges on retail fuel sales above the actual cost of fuel. It is similar to what is commonly referred to as a fuel-flowage fee, in that it provides financing for the capital and operating costs of the airport. Minimum Standards—Standards or requirements necessary to ensure that a safe, efficient, and ade- quate level of operation and services is offered to the public. Minimum standards are developed to control commercial activity. 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 requirements within leases can bet- ter address requirements concerning self-service operations and other airport activities. Net Cost—Total operational expenses less rent/lease revenues and tax revenues. Self-Fueling—The fueling or servicing of an aircraft by the owner or operator of the aircraft with his or her own employees and using his or her own equipment. Self-fueling and other self-services cannot be con- tracted out to another party. Self-fueling implies using fuel obtained by the aircraft owner from a source of his/her preference. As one of many self-service activities that can be conducted by the aircraft owner or op- erator 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, is not considered self-fueling as defined herein, and can be subject to minimum standards. In addition to self-fueling, other self-service activities that can be per- formed by the aircraft owner with his or her own employees includes activities such as maintaining, repair- ing, cleaning, and otherwise providing service to an aircraft, provided the service is performed by the air- craft owner or his/her employees with resources supplied by the aircraft owner. Title 14 C.F.R. 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. Sponsor—1) An airport sponsor is any public agency which, either individually or jointly with one or more other public agencies, has received federal financial assistance for airport development or planning under the Federal Airport Act, Airport and Airway Development Act or Airport and Airway Improvement Act; 2) any private owner of a public-use airport that has received financial assistance from the FAA for such airport; and 3) any person to whom the federal government has conveyed property for airport purposes under section 13(g) of the Surplus Property Act of 1944, as amended.