Guidebook for Through-the-Fence Operations (2014) / Chapter Skim
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20 ACRP Report 114: Guidebook for Through-The-Fence Operations CHAPTER TWO AIRPORT SPONSOR OBLIGATIONS 2.1 Introduction 2.2 Federal Statutes 2.3 Airport Sponsor Assurances 2.4 FAA Policies and Guidance 2.5 State Statutes, Assurances, Policies, and Guidance 2.6 Wrap-Up 2.1 INTRODUCTION To be eligible for federal or state funding, airport sponsors of federally obligated airports must maintain compliance with numerous obligations including statutes, regulations, assurances, executive orders, policies, and guidance. This is one of the ways federal and state agencies regulate the planning, development, operation, and management of airports and ensure that the safety, utility, and efficiency of airports are being maintained for the benefit of the public.
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ACRP Report 114: Guidebook for Through-The-Fence Operations 21 2.2 FEDERAL STATUTES The publication of FAA Order 5190.6B, Airport Compliance Manual (Order 5190.6B) and FAA's Draft Compliance Guidance Letter 2009-1, TTF and On-Airport Residential Access to Federally Obligated Airports, which prohibited all new residential TTF activities at federally obligated airports, spurred a national discussion on TTF operations (in general)
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22 ACRP Report 114: Guidebook for Through-The-Fence Operations Section 136 states: "… a sponsor of a general aviation airport [airport sponsor] shall not be considered to be in violation of this subtitle, or to be in violation of a grant assurance [Airport Sponsor Assurances]
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ACRP Report 114: Guidebook for Through-The-Fence Operations 23 2.3 AIRPORT SPONSOR ASSURANCES APPLICABILITY AND DURATION Airport sponsors who have received public funding (i.e., AIP funding) and/or surplus and/or nonsurplus federal property are obligated to maintain compliance with federal obligations – known, collectively, as the Airport Sponsor Assurances (or assurances)
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24 Therefore, regardless of the type of TTF activity, it is important that airport sponsors develop, implement, and enforce the necessary ordinances, codes, policies, standards, rules, and regulations (discussed in Chapter 4: Airport Planning, Management, and Compliance Tools) to help preserve the airport sponsor's rights and powers.
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ACRP Report 114: Guidebook for Through-The-Fence Operations 25 While the FAA has historically rejected any complaints filed by a TTF entity, the FAA has heard complaints from TTF entities that have a physical presence on a federally obligated airport (i.e., have leased space on-airport) as well.
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26 ACRP Report 114: Guidebook for Through-The-Fence Operations 2.4 FAA POLICIES AND GUIDANCE FAA policies are designed to meet the requirements of federal statutes. FAA guidance provides direction to FAA personnel for meeting the requirements of federal obligations.
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ACRP Report 114: Guidebook for Through-The-Fence Operations 27 FAA POLICY AND GUIDANCE POLICY REGARDING ACCESS TO AIRPORTS FROM RESIDENTIAL PROPERTY The FAA published the final FAA Policy Regarding Access to Airports from Residential Property in the Federal Register (Vol.
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28 The assurances have been interpreted to convey certain rights to aeronautical users; however, this is not the primary purpose of the assurances. According to the FAA, the assurances are designed to ensure that the public's investment in federally obligated airports will be fully utilized to benefit the civil aviation system.
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ACRP Report 114: Guidebook for Through-The-Fence Operations 29 ORDER 5190.6B – AIRPORT COMPLIANCE MANUAL (GUIDANCE) The FAA published Order 5190.6B on September 30, 2009.
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30 STRUCTURING AND MANAGING TTF agreements should require that TTF entities meet all of the applicable federal obligations the airport sponsor is required to meet. Airport sponsors are entitled to seek recovery of airport sponsor (not AIP)
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ACRP Report 114: Guidebook for Through-The-Fence Operations 31 2.5 STATE STATUTES, ASSURANCES, POLICIES, AND GUIDANCE Due to the number of states, each and every state statute, assurance, policy, or guidance pertaining to TTF operations has not been identified in this guidebook. It is significant to note, however, that the research conducted for this guidebook revealed that very few states have statutes, assurances, policies, or guidance pertaining specifically to TTF operations.
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