Module 1 Finance and Administration Flashcards
Air Mail Act of 1925 (The Kelly Act)
Authorized the postmaster general to contract for domestic air mail service with commercial air carriers. By transferring it to private companies, the government helped create the commercial aviation industry. Also stated only those who use aviation should pay for it. “aviation should pay for itself”
Air Commerce Act of 1926
Created a new aeronautics branch in the department of commerce an charged the agency with:
- fostering air commerce
- Issuing/enforcing air traffic rules
- Licensing pilots
- certifying aircraft
- Establishing airways
- Operating/maintaining navaids
CAB
In 1940, CAA split authority:
- made safety rules
- Conduct accident investigations
- Economic regulation of the airlines
CAA Retained:
- ATC
- Pilot/aircraft certification
- Safety enforcement
- airway development
-Dissolved in 1978 by the airline deregulation act of 1978
The works progress adminisration
- Part of FDR’s New Deal
- Assisted in funding new airports/expansions of existing facilities
- Funded the development/expansion of 852 airports
- only provided 50% of the funding
Federal Aid to Airports Program (FAAP)
Provide grant funds for certain airport projects (mostly RWY/TWY development)
To be eligible:
-Have to be part of National Airport Plan (NAP) which provide recommendations for construction, mx, operations
- federal government provides 50% funding
- Had to be available for public use without discrimination
The Federal Aviation Act of 1958
- Created the FAA
- directed the FAA to take over safety rule-making from CAB
- responsible for developing a common civil-military system of air navigation and atc
Airport and Airway development Act
-Passed to continue flow of grant money to airports
2 programs:
- Airport development aid program (ADAP)
- Planning grant program
- Created a certification program and Airport Operations
- Part 139
ADAP
Airport Development Aid Program
Provides funds for airport development projects (expanding the list of eligible projects)
Planning Grant Program
Provided funds for airport master plans and system plans
Airport and Airway Revenue Act
- 1970
- Created the airport and airway trust fund
- Financed by 8% tax on domestic passengers airfares, $3 surcharge on passenger tickets, 7 cents tax per gallon of fuel, 5% on air freight, annual registration for aircraft by weight
1982: Airway improvement Act
- Established AIP
- Expanded list of eligible projects
- Changed NAP to National Plan of integrated airport systems (NPIAS)
- Created classification system (Small, large hub, etc)
2003: The vision 100- Century of Aviation Reauthorization Act
- NextGen
- Multiple initiatives to make air travel more efficient, secure and safer overall
Airport Stakeholders: Government Entities
FAA, TSA, CBP, ICE, federal protective service, department of agriculture
State/local: Airport Operations, police/fire
ATC and mx of navaids, providing pax/baggage screening, screening of international passengers/baggage, wildlife control
Airport Stakeholders: Aeronautical Users
airlines, corporate flight departments, private aircraft operators, FBO, flight schools, aircraft mx, aircraft charter
Airport Stakeholders: Non-Aeronautical Users
Concessionaires, vendors, contractors, non aircraft tenants, rental cars, advertisers
Airport Stakeholders: The Community
Passengers, air cargo shippers, surrounding developments, that rely on the airport (hotels, restaurants), industrial parks that are located near the airport for the benefits
Stakeholder desires: Airlines
efficient passenger baggage, cargo and aircarft throughput, which is both a determination of the airport deign and operations. they also want maneuvering space for aircraft, office and administrative facilities, and amenities for their passengers.
Stakeholder desires: Corporate aircraft operations
own fueling abilities, affordable fuel on site, a great degree of confidentiality/discretion
Stakeholder desires: Private Aircraft
ramp space, tie downs, hangar space
Stakeholder desires: FBOs and SASOs
An airport good for business, level playing field, minimum standards
Stakeholder desires: Non-Aeronautical Users
- Good passenger traffic
- maximum visibility
NPIAS
- Identifies 3331 existing and 14 proposed airports that are important to the national airport transportation system and can receive grants under FAA AIP
- Published every 2 years and a 5 year projection
- includes eligible airport projects that are considered necessary to provide safe efficient and integrated system of public use airports adequate to meet the needs of national defense, USPS and civil aviation
- Identifies the airports, the role they serve and the amounts/types of airport development eligible for federal funding under the AIP over the next 5 years
-ONLY AIP ELIGIBLE DEVELOPMENT
Qualifications to be part of NPIAS
- Publically owned
- If its private but designated as a reliever by the FAA
- Privately owned with scheduled air service of at least 2,500 annual enplanements
- GA reliever airports
- Airports receiving scheduled air service to where a freight forwarder, FBO, is under contract with USPS
- Any public use where a unit of ANG or reserve unit permanently based
Airports that don’t meet criteria but may be part of NPIAS if:
- Part of state airport system plan
- Serving a community more than 30 minutes from the nearest NPIAS airport
- Forecast to have 10 or more based aircraft within the next 5 years
- Currently being considered by an eligible public sponsor who’s willing to undertake ownership and development of the airport
Airports who don’t meet any criteria can be included through special justification such as:
- A determination that the benefits of the airport will exceed its development costs
- Written documentation describing isolation
- Airports serving the needs of American Indian tribes
- Airports needed to support recreation areas
- Airports needed to develop or protect important national resources
3 measurements to gauge airport activity
- Enplanements
- Operations
- Cargo Tonnage
5 types of airports
- Private
- Commercial Service
- Cargo service
- GA/GA reliever
- Military
Commercial Service airport
Publically owned and have at least 2,500 annual enplanements
GA airport
Public use and no scheduled service or less than 2,500 enplanements
GA Reliever Airport
designated by the FAA to relieve congestion at commercial service airports and to provide improved access to the community
Cargo Service Airport
served by aircraft transporting cargo with a total annual landed weight of more than 100 million pounds. An airport can be both commercial service and cargo
Joint-Use Airport
Airport owned by DOD at which both military and civilian aircraft make shared use of the airfield
Shared-Use airport
U.S. government owned airport that’s co-located with a civil airport specified under, at which, portions of the movement/safety areas are shared with both parties
Primary Airport
- Receive scheduled air carrier service with 10,000 or more enplanements a year
- Grouped into 4 categories:
- Large
- Medium
- Small
- Non-hub
Nonprimary Airport
- Mainly used by GA aircraft
- Included are nonprimary commercial service airport (enplanements 2,500-9999), GA and relievers
- Grouped into 5 categories:
- National
- Regional
- Local
- Basic
- Unclassified
Large Hub Airport
- Largest commercial service airports
- Serve at least 1% or more of total US passengers
- 29 large hubs in the US (70% of all passengers)
- Tend to be more commercial/cargo and minimal GA
Medium Hub Airport
- 33 in the US
- Enplane .25-1% annually
- 17% of all passengers
- Mix of both commercial and GA
Small Hub Airport
- Enplane .05-.25% total passengers
- 76 in the US
- 9% of all enplanements
- Commercial usually less than 25%
- Usually higher levels of GA
Nonhub Primary Airport
- 10,000 enplanements
- 251 airports
- 3% of all enplanements
Nonprimary Airport
- Predominantly GA
- Included are nonprimary commercial service
- Receiving 2,500-9,999 enplanements
- GA/reliever airports
- 125 Airports
- Enplane .1%
GA included in NPIAS
- Account for enough activity
- @ least 10 based aircraft
- @ least 20 miles from the nearest NPIAS airport
- 36%
GA National Airports
- 84
- Located in metro areas near major business centers
- heliports/seaplane bases not included
GA Regional Airports
- 467
- located in metro areas
- no heliports/seaplane bases
- support both interstate and intrastate flying
GA Local Airports
- 1236
- Mostly piston aircraft
- Accommodate flight training, EMS, and charter
- No heliports
- Business/personal needs
GA Basic Airports
- Often have just 1 RWY, helipad, or seaplane base
- Private
- 3 heliports
- 20 Seaplane bases
ICAO
International Civil Aviation Organization
Ensure that flight operations are conducted in a consistent manner and that there’s a common vocabulary and operating principles amongst pilots, aviation systems, and airport operators
Commercial Operations
-14CFR119 air carriers and commercial operators
-Identifies requirements for aircraft engaged in
commercial carriage in passengers carrying or cargo
Scheduled Air Carrier Operation
- Part 121
- Provides a schedule containing departure location, departure time, arrival location of flight offered
- Can only operate at airports that are under part 139
- Restrictions based on class of airport but can allow alternatives if approved by the air carrier if not on a regular basis or an emergency
- Covers 15 minutes before take off to 15 minutes after landing
- ARFF, Wildlife, snow, and lightning
14CFR121
Operating requirements: Domestic, flag and supplemental operations (i.e. air carrier certifications)
14CFR135
- Usually non-scheduled
- Operator requirements: commuter and on demand operations and rules governing persons on board such aircraft (i.e. air charter/taxi)
- Different training, safety and maintenance standards
14CFR380
- Public charters (i.e. when an air carrier leases a plane to resort company to use the plane to fly their members to a destination).
- Required to operate to/from part 139 airports
- 1 way/round trip flight performed by direct air carrier and sponsored by an air charter
Direct Air Carrier
Certificated domestic/foreign air carrier, an air taxi operator or a commuter air carrier that directly engages in the operation of an aircraft under a certificate, permit or exemption issued by DOT. Has control over the operation function performed in providing transport
Indirect Air Carrier
- Uses commercial air transport to move passengers/cargo but doesn’t own/control aircraft
- Any person (industry or corporation) such as tourist/athletic organization that engages in services of a direct carrier in the transport of passengers, cargo or baggage
Available information before a flight
- A/FD
- Weather at both airports
- NOTAMs
- Other important information
Visual Meteorological Conditions
- 1,000 ft. AGL (clouds)
- 3SM
- below 18k MSL= no flight plan required
- “See and Avoid”
Sectional Charts
-Airport, weather, navigation, communication frequencies
-navaids
-light patterns of cities at night
-terrain features
-obstructions
airspace
High vs. Low altitude enroute charts
low= below 18k MSL
high=above 18k MSL
Show victor airways or jet routes between navaids
Types of weather reporting
ASOS= Airport Surface Observation Station AWOS= Airport Weather Observation Station ATIS= Automated terminal information Service
Airport Sponsor
- Airport owner/operator
- Governing entity of a single airport or airport system
- board of locally elected/appointed officials
- “Any public agency or private owner of a public use airport as defined by the airport/airway improvement act of 1982”
Enterprise Fund
Typically municipal airports. Refers to a branch of government that operates like a business
5 basic types of airport sponsors
- Municipality
- Airport Authority
- Port Authority
- State
- Private
Airport Advisory Board
Review requests from airport staff and prepare recommendations for the airport sponsor to act upon
Airport Authority
- Created through enabling legislation that makes the authority the legal sponsor of the airport
- Makes decisions on the direction and overall mgmt of the airport
Reasons municipalities create airport authorities
- Airport market/service area have outgrown political boundaries, such as when its operated by a single entity but has economic impacts that affect a wider region
- Authorized control of the airport allows for governing board to concentrate/specialize on airport business matters rather than general social/communication issues not related to the airport
- Authorities can provide on scene decision making, which shortens the process and allows mgmt to take advantage of fleeting opportunities and less political influence
- Can provide multiple jurisdictions with representation in the airports operation and development
Advantages of municipal owned airports
- Airport administration often has better access to the resources of other city departments
- Reduces requirements to have duplicate HR, purchasing, accounting, police/fire
- Power to tax/issue bonds to aid in opportunity and capital development of an airport
- Access to larger resources
Disadvantages of municipal owned airports
- Policy makers are often unfamiliar with the operation of an airport nor can they devote a lot of time
- Airport must compete for the same amount of attention as other departments
- When financial times are tough in the city, the airport is usually viewed as another department and not that it generates its own funds, which leads to cuts
- Decisions best for the airport mat conflict with what’s best for the community
Port Authority
Special type of legally chartered institution that generally has the same status as a public corporation, but, along with the airport, operates other types of facilities such as harbors, toll roads, subways, etc
Advantages to an Airport/Port Authority
- Focused leadership and specialized attention
- Equitable taxation
- Authorities can provide a more business-focused, efficient operation and economy of scale
Disadvantages to an Airport/Port Authority
Resources and finances may not be readily available in quantities/levels necessary to provide support to the airport
FAA office of Airports
- Planning/developing a safe/efficient national airport system
- All programs related to airport safety and inspections
- Standards for airport design, construction, and operation
- Awards CIP grants, approves PFCs, compliance with grant assurances
Airport Authorization Program
Transfers the federal obligation, as well as the responsibility for operations, mx, and development of an airport from a public sponsor to a private one
exempt from paying federal funds back
Partial contract privatization isn’t considered privatization by FAA definition
Qualities an Airport executive must possess:
Clear comprehension of the essentials of pure business mgmt skills including:
- development/execution of business strategy
- ops mgmt related to providing the “product” to the airport customer
- Finance and accounting
- Organizational behavior including personnel mgmt and HR functions
- Tactics/processes of effective marketing
Airport executive must understand and balance 2 philosophies
- The airport is a public entity and must be managed as a public entity
- The airport is a business enterprise and a place for commerce to take place and therefore must also be managed as a business
Duties of the airport sponsor
- set goals
- identifies strategies for fulfilling the vision of the airport
- approves plans and programs
- assigns and oversees the airport manager’s responsibilities
Governing body vs. Airport mgmt/manager
Governing body:
- Establishes policy
- Sets goals
- identifies strategies for fulfilling vision of the airport
- Executes contracts
- serves as airport advocate
- approves plans/programs
- assigns/oversees airport managers responsibilities
- Selects consultants/service providers
Airport Manager:
- Implements policy
- runs airport day to day
- reports to governing body
- operates airport safely and efficiently
- maintains airport/facilities
- prepares financial plans
- oversees public relations
- makes provisions for passengers
- recommends/enforces regulations
- secures new business
Factors that are involved in determining airport organization
- Type of governing body owning the airport
- Size of airport
- Extent to which different functions of the airport are operated by internal/external parties
- political environment in which the airport is located
Finance/Administration
-Addresses areas of accounting:
-payroll, audits, receivables/payable
-Managing budget:
HR
Procurement
PR
Air Service Development
Marketing
Real estate
Revenue mgmt
Planning/Engineering
-addresses areas of CIP, construction standards, airport master plan and ALP
-Compliance with environmental laws
-participate in regional transportation planning
-administrative space planning
-noise abatement planning
Frequently work with FAA’s airports district office (ADO) in administration of federal grants through AIP
Operations/Security/Maintenance
- enforces both operations/security regulations on the airfield and sometimes landside/terminal areas
- operations deals with FAA certification inspectors for part 139
- Daily inspections and maintenance
Community relations, marketing, and air service development
- Marketing for airport services and properties
- publicity and response to issues
- marketing to new airlines
Airport Legal Counsel
- often reports directly to the board or airport executive
- deals with user agreements, leases, mgmt of environmental issues, insurance, HR issues
NPRM process
a draft set of regulations is prepared by a federal agency and then published to the federal register. Upon publication, a public comment period is opened, usually 30-60 days, but varies. Anyone can comment and after the comment period is over, the government agency reply to each comment. They can make changes to regulation then publish it again in the federal register at which point the regulation is enforceable
FAA’s major roles
- Regulating civil aviation to promote safety
- encouraging/developing civil aeronautics, including new aviation technology
- developing/operating a system of ATC and navigation for both civil and military aircraft
- Researching and developing the national airspace system and civil aeronautics
- developing and carrying out programs to control aircraft noise and other environmental effects of civil aviation
- regulate commercial space transportation
FAA’s 5 lines of business
- airports (ARP)
- air traffic organization (ATO)
- Aviation safety (AVS)
- Office of commercial space transport (AST)
- NextGen
Air Traffic Organization (ATO)
Responsible for keeping air traffic moving and navaid maintenance
Aviation Safety (AVS)
focuses on the certification of pilots, mechanics, and other air safety related professionals
Office of Commercial Space Transport (AST)
Responsible for all activities related to US commercial space transport industry
Airport District Office (ADO)
Oversees compliance with part 139 and grant assurances, airport safety/certification, land transfers, engineering issues, pavement maintenance/CIP, environmental, noise, master plan, RWY safety and guidance issues
Flight Standards District Office (FSDO)
Regional office of FAA that concentrates on enforcing regulations pertaining to aircraft and airman certification and licensing. Usually contacted for things such as low flying aircraft, accident reporting, air carrier certification and operations, aircraft maintenance, aircraft operational issues, aircraft permits, airman certification for pilots, mechanics, repairman, dispatchers and parachute riggers
Advisory Circulars
- help explain the intent of an FAR to provide guidance and information to the aviation public in a designated subject area or to show a method of acceptable for complying with a regulation
- Are not binding unless they’re incorporated with reference to a regulation
Incorporation by reference
Allows federal agencies to meet requirements to publish regulations by referring to materials already published elsewhere. The combination of referenced sub-parts is treated as if it were published in full
AC 150 series addresses airports and airport operations related planning/mgmt including:
- Airport Master Plan
- Airport Design
- ACM
- Airport Self Inspection
- Operational safety during construction
- Airport FICON assessments and winter operations
- Noise control and compatibility planning
- Community involvement in airport planning
- PFCs
- AEP
- Minimum standards for community aeronautical activities
FAA Orders
- Directives on specific subjects/programs issued by FAA and remain in effect until rescinded
- Provides guidance/instruction to FAA personnel on compliance, airport safety/operations and other related issues
SD’s and IC’s
SD- Provides changes in regulations to ASP
IC- Provides intelligence information for, or suggest best practices in the domain of airport security
Both are controlled as SSI and aren’t intended for public dissemination
Grant Assurances
- Require the recipients to maintain and operate their facilities safely, efficiently and in accordance with specified conditions
- Part of the final grant offer
- Duration of obligation depends on type of recipient, and the useful life of the facility
Grant Assurances balance 3 public interests, which are:
- Allow airport executives to better manage local affaird
- They meet the requirement of the FAA to ensure that federal funds are effectively used to meet the need for public air transportation
- Meets the goal of the federal government to promote social objectives, such as disadvantaged businesses and the rights of those with disabilities
ex) Compliance with labor laws, legal provisions to ensure public access, compatibility issues
Types of Grant Assurances
- General federal requirements
- Responsibility/authority of airport sponsor
- Sponsor fund availability
- Good Title
- Preserving rights and powers
- Consistency with local plans
- Consideration of local interest
- Consultation with users
- Public hearings
- Air/Water quality standards
- Pavement preventative maintenance
- Terminal development prerequisites
- Accounting system, audit, record keeping requirements
- Minimum wage rates
- Veteran’s preference
- Conformity to plans and specifications
- Construction inspection and approval
- Planning objectives
- Operations and Maintenance
- Hazard removal and mitigation
- Compatible Land Use *
- Economic nondiscrimination
- Exclusive rights
- fee and rental structure
- Airport Revenue
- Reports and inspections
- Use by government aircraft
- Land for federal facilities
- ALP
- Civil Rights
- Disposal of Land
- Engineering and design services
- Foreign market restrictions
- Policies, standards and specifications
- Relocation and real property acquisition
- Disadvantaged business enterprises*
- Competitive access
Airport Compliance Manual
- Provides guidance to FAA personnel on interpreting and administering the ongoing commitments made by sponsors to the federal government
- Rights and powers of the airport
- complaint resolution
- airport operations
- exclusive rights
- unjust discrimination
- minimum standards
- lease agreements
- revenue diversion
Conditions that obligate an airport to adhere to grant assurances
- Grant agreements issued under federal airport act of 1946, airport and airway development act of 1970, airport/airway improvement act of 1982
- Surplus airport property instruments of transfer, issued pursuant to section 13G of the surplus property act of 1944
- Deeds of conveyance issued under section 16 of 1946 airport act, under section 23 of the 1970 airport act, under section 516 of AAIP
- AP-4 agreements authorized by various acts between 1939-1944
- Commitments in environmental documents prepared in accordance with current FAA requirements, which address the NEPA act of 1969 and the AAA
- Separate written agreements between sponsor and FAA, including settlement agreements resulting from litigation
Airport Noncompliance List (ANL)
- Lists obligates airports with egregious violations where the airport sponsor has been informally determined to be in noncompliance with its grant assurances and/or surplus property obligations as of a particular date
- An airport is placed on the list if it falls in 1 or more categories and violations are so egregious as to preclude federal financial assistance until the issues are resolved
Categories that airports can violate:
- airports with a formal finding of noncompliance under 14CFR16 if corrective action hasn’t been taken
- Airports listed in the AIP
- Certain violations of the US Code
- Airports that are clearly in noncompliance despite FAA requests to the sponsor for corrective action
- Airports where the violations area so egregious as to preclude additional federal financial assistance until the issues are resolved
Duration of grant obligations is dependent on method of which the obligation was obtained, such as:
- Grant agreements for development other than land purchase
- Grant agreements for land purchase
- Surplus property deeds and non-surplus land conveyance documents
Grant agreements for development other than land purchase
Pavement and other facilities built to FAA standards are designed to last at least 20 years, and the duration of the obligation should generally be 20 years. The duration may be shorter for grants made exclusively for certain equipment, such as a vehicle, that clearly has a useful life shorter than 20 years
Grant agreements for land purchase
AIP grant agreements for the purchase of land provide that obligations do not expire, since the useful life of land doesn’t end or depreciate. However, federal aid to airports (FAAP) and airport development aid progra (ADAP) grants didn’t always contain this language, and the grant documents should be reviewed to determine whether the obligations expire in 20 years or continue indefinitely. Also, grants to a private operator of a public use airport (GA) provide for a defined duration of the obligations attached to the grant
Surplus property deeds and nonsurplus land conveyance documents
Documents conveying federal land and property interests for airport use generally have no expiration date, and obligations continue indefinitely until the sponsor is formally released from the obligation by the FAA. Obligations run with the land and bind subsequent owners
Grant Assurances that stay in place through the life of the airport
- Exclusive rights
- Airport Revenue
- Civil Rights
- Real property acquired with federal funds
- Unless exempted by the FAA*
- If no longer used/needed for which it was developed*
Assurances requires the airport operator to do the following:
- Maintain the airport in good and servicable conditions
- Use specific lands approved by the FAA for non-aeronautical use to generate revenue to support the airport’s aviation needs
- Operate the airport in the public interest
- Ensure there’s no grant of an exclusive right for any aeronautical purpose or use
Part 13 Complaints
- Provides the public a method of reporting compliance violations if federal laws affecting air transportation
- Considered informal
- Not for grant assurance violations
- Accepted verbally/written
- Submit to the ADO or FAA regional office
How the FAA resolves part 13 complaints
- Evaluate facts surrounding the filing and identify possible sponsor violations
- Clarify rights/responsibilities of the airport sponsor and the complaining party
- Offer assistance to resolve the dispute in a manner consistent with the sponsor’s federal obligations
- Provide the sponsor the opportunity to comply with its federal obligations voluntarily when a violation is identified
Notice of apparent noncompliance
Identifies the apparent violations, specifies corrective actions that would resolve the violation without further agency action and prescribe a deadline for completion
If corrective actions aren’t performed and attempts have been made to bring the airport into compliance, the ADO or regional office may initiate it’s own part 16 complaint
14CFR Part 16: Rules of practice for federally-assisted airport enforcement proceedings
- Processing of complaints against airports that receive federal assistance and relate specifically to grant assurances
- A formal complaint and is often more serious as it imposes a deadline and has stringent requirements for the airport, the complaintant and the FAA
- Must be filed directly with the office of the chief counsel of the FAA
- Airport/airway improvement act, federal aviation act, surplus property act, and their predecessors
- FAA has 20 days to respond
Part 16 was designed to achieve:
- Require parties to make a serious effort to resolve disputes informally before filing a formal complaint
- Focus FAA resources primarily on resolving complaints
- Promote informal resolution by speeding the initial evaluation
- Provide for a single complaint procedure to avoid overlap
- Requires complaintants to be directly affected by the dispute
- Specific deadlines for actions of all parties
- Limit the number/type of pleading and must have supportive documentation
- Establish burden of each party
- Provide and effective appeal process
- Establish FAA enforcement options
Following a part 16 complaint, those options are as follows:
- Withhold new grants, withhold payments on existing grants or terminating eligibility for future grants and PFCs
- Cease and desist orders
- Civil penalties
- judicial enforcement
Items to include in a part 16 complaint
- State name, address of each person who’s subject of complaint
- Specific provisions of each act that the complaint believes were violated
- Complete, yet concise, statement of the facts that substantiate each allegation
- Complaint should describe how the complaintant was directly and substantially affected by the act of, or omission of an act by, the respondents.
Investigations include the following:
- A review of the written submissions of the parties, information gathered by the FAA’s investigation of the matter or information furnished by the parties at the FAA’s request
- Oral and documentary evidence obtained through the FAA’s use of its authority to compel production of evidence
- Conducting or requiring that a sponsor conduct an audit of airport financial records and transactions
FAA may issue a “Final Agency Decision (FAD)” without a hearing in which:
- The complaint is dismissed after investigation
- A hearing isn’t required by statute and isn’t otherwise made available by the FAA
- the FAA provides the respondent an opportunity for a hearing, and the respondent waives the opportunity for a hearing
Airport Law
A collection of FAA regulations, jurisdictions, various statutes, grant assurances, ACs, and court decisions at the local, state, and federal levels. Typically deals with regulatory compliance, tenant relations, financing, airport operations and certification mostly related to part 139 and SMS and airport development issues
Things that will get you on the FAA’s bad side
- Airport attempts at regulating pricing
- Routes or restrictions on air carrier service
- Airport executive unreasonably restricts aircraft operations
- Airport executive unjustly discriminating against an airport user
- Airport revenue not being used to benefit the airport
Legal issues to be concerned with
- Freedom of speech (literature distribution)
- Freedom of movement (of people)
- Misuse of legal process (Public officials misusing power)
- Interference with person (Right to be free from injury/threat)
- Peace of mind (unnecessary mental suffering)
- Privacy
- Interference with reputation
- Property rights
- Contracts/business relationships
To constitute tort law:
There must be both actual damage/injury and intent to cause such. a malicious act or an unavoidable accident that cause no damage is insufficient cause for legal action. If damages were unintentional but still resulted through accidental interference or the lack of action, the person or entity at fault may have been negligent
Government Immunity
- Government can’t commit a legal wrong and is immune from civil suit or criminal prosecution
- Commonly extends to employees of federal/state/local government provided they’re acting within the scope and authority of their position
- Often protected unless negligent
Negligence
Is the failure to use reasonable care. You fail to act as an ordinarily prudent person would act under the same circumstances
Federal Tort Claims Act
Waives the immunity if the act of a government employee caused damage
Tucker Act
Waives immunity over claims arising out of contracts with the federal government
Active Negligence
Occurs when someone has personally participated in an affirmative act of negligence, know about or complied in negligent acts or failed to perform a precise duty which he/she agreed to perform
Response to incident/accident, snow removal, airfield maintenance
Aviation and Transportation Security Act
-Created TSA
-3 major mandates:
1. Take responsibility for security of all modes of
transportation
2. Recruit, hire, train and deploy security officers for
450 airports
3. Provide 100% screening for explosives of all
checked baggage
NTSB
- Became an independent agency in 1975
- Investigates every civil aviation accident and significant accidents in other modes of transportation
- Often delegates non serious/fatal accidents to the FAA
ICAO
-“secure international cooperation and the highest possible degree of uniformity in regulations/standards, procedures and organization regarding civil aviation matters.”
Specialized agency of the UN
Trade Associations
- Lobbying congress
- Working with regulatory agencies
- Providing training
- Seminars/trade shows
- Accreditation
AAAE
- September 1928
- One of most influential associations in congress
- Goal: to better serve airport executives by providing continued improvement in products/services, along with providing representation in DC
- Provides lobbying, regulatory services, training, accreditation, and other professional development programs
Airports Council International (ACI)
- 1991
- Represent common interests and to promote cooperation with associations in the airport transportation industry
- “The airport community now speaks with a single voice on key issues and concerns and despite regional diversity can move forward as a united industry”
- 5 world chapters
ACI-North America
ACI-NA
- Represents local, regional and state governing bodies that own and operate community airports in the US/Canada
- Provides legislative advocacy, media promotion of airports and airport issues, information updates and conferences and research services
Airport Law Enforcement Agency Network (ALEAN)
Brings together law enforcement leaders and facilitates communication between airport executives, intelligence officers, and investigators of airport LEO’s to address mutual problems common to the field of airport security
-Shares expertise with elected officials and government agencies
International Air Transport Association (IATA)
- April 1945
- Promotes safe, reliable, secure and economical air services for the benefit of the world’s consumers
- Represent, lead and serve the airline industry