Module 1, Objective 3, The Regulated Airport Flashcards
1
Q
What does the FAA formally define a Sponsor as?
A
any public agency or private owner of a public-use airport
2
Q
What is the airport sponsors purpose?
A
to act as policy makers who are charged with establishing broad goals and objectives for management to accomplish
3
Q
What is airport managements purpose?
A
to implement programs to achieve the goals and objectives set by the sponsors
4
Q
Part 1542
A
Airport Security
5
Q
Part 139
A
Certification of commercial service airports
6
Q
Part 77
A
Obstructions
7
Q
Part 150
A
Noise abatement
8
Q
Under a municipal structure what are airports categorized as?
A
and enterprise fund
9
Q
What is an Enterprise fund?
A
a government branch that operates as a business
think waste collection, landfill operations, or the post office
10
Q
Self-sustainability at airports
A
it is encouraged by the FAA, but it is not required. Only that the sponsor must try to meet such a goal
11
Q
What is the responsibility of the FAA Airport District Offices (ADOs)?
A
to provide guidance to airport sponsors to be as self-sustaining as possible and the ensure that the airport maintains a rate and fee schedule that conforms to the grant assurances and is consistent with the FAA’s policy regarding rates and charges
12
Q
Where can revenue generated on airport property through assets be used?
A
Only for the airports operation
13
Q
What is a critical component of an airport executives job?
A
to promote and communication the benefits of aviation to the respective community
14
Q
What are FAA grant assurances in place to do?
A
Attempt to protect the airport from political influences to the extent possible
15
Q
Stand-alone Enterprises
A
operators can charge user fees for services rendered
this is different from traditional enterprise because it is not centered on a tax collection
16
Q
What are the nine basic types of airport sponsored structures?
A
Municipality, Airport Authority, State Operated, Port Authority, Federal, Commission or Districts, Joint-City or Joint-State Agreement, Private/Public-Use, Private/Private-Use
17
Q
Municipality Airport
A
The city or county owns and operates the entire facility as a department or division of the municipality. The municipality pay appoint an advisory board to help with decision-making and provide expert guidance to the municipal leaders
18
Q
Airport Authority
A
created through enabling legislation from one or more municipalities that makes the authority the legal sponsor of the airport and, in effect, creates another branch of local government
19
Q
State Operated Airport
A
where the sate maintains control of the airport as a department or division, or in conjunction with an authority or commission appointed board
20
Q
Port Authority
A
where the board overseas other agencies, including aviation, such as rail, maritime ports, subways and other forms of public transportation or services
a legally chartered institution that generally has the same status as a public corporation
they can take advantage of efficient operations and economics of scale
21
Q
Commission or District Airport
A
where the airport retains its connection to the municipality but has an independent board that oversees operation and management
21
Q
Federal Airport
A
owned by the federal government, or appointed by a branch or agency of the federal government
22
Q
Joint-City or Joint-State Agreement
A
where two or more cities agree to operate the airport, often through an appointed authority board or commission
22
Q
Private/Public-Use Airport
A
privately operated airport but open to the public
23
Private/Private-Use Airport
privately operated airport that is open to only certain individuals
they are not eligible for sponsor assurances and are not in the NPIAS
24
What is the most common form of airport ownership
Municipality
25
What is the advantage of a municipality?
the airport has better access to other city or country departmental resources
the airport can accept tax revenue from the municipality, if necessary or desired
26
What are the disadvantages of a municipality?
the policy makers are often unfamiliar with an airports operation
when there are budget crises for the municipality the airport is looked at as "just another department" rather than an enterprise fund that generates its own revenue that MUST be used for the operation of the airport
the airports best interests may conflict with the decisions that are in the best interest of the community
27
What is an Airport Authority Board?
it is similar to an advisory board
They do not receive a salary and serve voluntarily
28
Why do municipalities create airport authorities?
the market or service area have outgrown the political boundaries
control of an airport allows the governing board to concentrate and specialize on airport business matter rather than on general social or community issues
authorities can provide on-scene decision-making, that shortens the process, and allows management to take advantage of business opportunities; reduces political influence
they can provide multiple jurisdictions with representation in the airport's operation and development
viewed as a way of providing focused leadership and a specialized attention to a significant community asset
29
What are the disadvantages of an airport authority?
resources and finances may not be readily available in the quantities or levels necessary to support the airport
at times, elected officials may become increasingly unhappy (politically) and will dissolve the authority board and reorganize back into the municipal structure
30
What can Port Authorities take advantage of?
efficient operations and economics-of-scale
31
What is Privatization
it means shifting a traditional government responsibility to the control of a private enterprise, it can describe the process of turning over the airport sponsorship to a private entity. or establishing management contracts to control certain elements of the airports operation.
32
How is Privatization distinguished from the private management contracts by the FAA?
the private operator becomes the airport sponsor. The private operator is the applicant for grants and is directly responsible to the FAA for compliance with the conditions and assurances within those grants
33
What does the Airport Investment partnership Program (AIPP) (formally the Airport Privatization Program) do?
it transfers the federal obligation to a private sponsor
34
What is the AIPPs Incentive
the incentive is that congress authorized the FAA to exempt a sponsor from its federal obligations to repay federal grants, return federally acquired property, and use the proceeds from the sale or lease of the airport for airport purposes
35
Airport Privatization outside of the AIPP
a municipality may sell or lease a public airport to a private airport operator without applying for the AIPP, but the exemptions are not given in this case
you can appeal to the FAA
there is not an exemption from the sponsor to grant assurance 25 (airport revenue can only be used for airport purposes)
36
What do you need to be, in order to be a good executive
a jack-of-all-trades
the exec does the research and makes recommendations tot he board once policy directives are issued
they must balance the desires of the airport sponsor and everyone else
they need to have a clear comprehension of the essentials of the pure business management skills while also understanding and balancing opposing philosophies
37
What is an airport executives responsibility?
to ensure that his or her board members, whether municipalities, authorities or advisory, are educated on airport operational issues, capital improvement plans, and management challenges
regardless of the organization managements' primary duty in any situation is the safe, secure and efficient operation of the airport
38
What are the primary areas of managment?
Finance and Administration
Planning and engineering
operations, security and maintenance,
marketing, public relations, and air service development
? Attorney, auditor and security director?
39
What is a Notice of Proposed Rulemaking (NPRM) Process?
it is commonly issued when an independent agency of the gov desires to add, change, or remove a regulation
40
What is the NPRM process?
1. a draft set of regulations is prepared by a federal agency such as the FAA or TSA and then published into the Federal Register
2. a public comment period is opened for 30-60 days
3. public comment period is closed, the governing agency then replies to each comment
4. the agency can publish the regulations for the final time in the federal register, at which time they become enforceable
41
Is the FAA a permanently authorized agency?
nope
42
What is the reauthorization process for the FAA?
it is the primary way for the federal government to change the policy by requiring the implementation of new programs and the imposition of new regulations and authorization of fees and charges
43
What is the FAA structure?
there are 9 regional offices
an administrator manages the FAA and is assisted by a deputy administrator and 5 associate administrators
44
What do the FAA's major roles now include?
regulating civil aviation to promote safety
encouraging and developing civil aeronautics, including new tech
developing and operating a system of ATC and nav for civil and military
researching and developing the national airspace system and civil aviation
developing and carrying out programs to control aircraft noise and other environmental effects of civil aviation
regulating Us commercial space transportation
45
What is the ATO (air traffic organization) responsible for?
for keeping the air traffic moving and NAVAID maintenance
46
What is the office of commercial space transportation responsible for?
all the activities related to the US commercial space transportation industry
47
What does the FSDO (flight standards district office) do?
enforces regulations on aircraft and airmen certification and licensing
48
What are the 5 lines of business that relate to the operation of an airport?
1. Office of Airports (ARP)
2. Air Traffic Organization (ATO)
3. Aviation Safety (AVS)
4. Office of security & hazardous materials safety (ASH)
5. office of commercial space transportation (AST)
49
What is the ARP and what does it provide?
Office of Airports
airport execs mostly commonly work directly with them!
they provide leadership in planning and developing
they are responsible for all programs related to airport safety and inspection standards for design, construction, and operation
AIP, PFC, DBE programs, compliance with grant assurances, airport privatization, and policies related to rates and charges
50
How do airports primarily interact with the FAA?
through their local airport district office (ADO), list is your local ARP!
51
What does the ADO oversee?
airport compliance with part 139 and grant assurances, airport safety and certification, land transfer, engineering issues, pavement maintenance, capital improvements, environmental issues, noise abetment and master planning
52
What/Who decides discretionary grant monies allocations and handles informal disputes at the regional or local FAA level?
ADO
53
What is the ICAO
international civil aviation organization
a specialized agency of the UN charged with the administration of the principles laid out in the convention to ensure the safe and orderly growth of international aviation. they develop standards related to airport, airway and air navigation facility development, and promote flight safety
54
When does a filing of discrepancy apply with the ICAO?
a country finds it impractical to comply with all areas of any international standard or procedure
a country desires to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter
a country deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard
55
What are ACs
Advisory Circulars
explain federal aviation regulation intent, provide guidance and information or show a method acceptable for complying with a related regulation
NOT BINDING
they are an extension of the federal aviation regulations even though they may be termed "advisory"
56
What is a CertAlert?
Certification Alert
gives the FAA Airport Safety and Operating Division a quick way of providing additional guidance on part 139 and related issues to inspectors and staff
56
What are FAA Orders
Directives on specific subjects and programs issued by the FAA and remain in effect until rescinded by the FAA. They provide guidance and instructions on compliance, airport safety, operations, and other issues.
essentially the "rules" for airport management
57
Transportation Research Board Airport Cooperative Research Program (ACRP)
initiates research projects that provide best practices for many airport management, planning, and operational issues
58
National Safe Skies Alliance Program for Applied Research in Airport Security (PARAS)
establishes research projects that provide best practices for airport security issues
59
Radio Technical Commission for Aeronautics (RTCA)
standard provide the regulatory requirements or airport security-related systems such as access controls, perimeter intrusion, biometrics, and the identity management system
60
What happens when you accept grants?
you must agree to certain obligations to the federal government aka grant assurances
61
What are grant assurances?
they require the recipients to maintain and operate their facilities safely, efficiently, and under specified conditions
congress/FAA have found that they are the most effective means for extending federal government policy to local government units
62
What three competing public interests do grant assurances balance?
1. they allow the airport exec to manage local affairs better
2. they meet the FAA requirement to ensure that the federal funds are used effectively to meet the need for public air transportation
3. they meet the federal gov's goal to promote social objectives, such as disadvantaged business and the right to those with disabilities
63
What is the ANL?
it lists those obligated airports that are in noncompliance with the grant assurances
64
4 categories you can be in if you are in the ANL
1. airports with a formal finding of noncompliance, if corrective action has not been taken
2. certain violations of the USC (united states code)
3. airport that are in noncompliance despite FAA requests to the sponsor for corrective action
4. airports where violations are so egregious as to stop additional federal financial assistance until the issues are resolved
65
Grant agreements for development other land land purchases
when built to FAA standards they are good for 20 years, it should be assumed the obligation for grant assurances is 20 years.
exceptions can be made for things like trucks, that don't have a life span of 20 years
66
Grant agreements for land purchase
the AIP grant agreements for land DO NOT EXPIRE
67
Surplus property deeds and non-surplus land conveyance documents
documents conveying federal land and property interests for airport use generally have no expiration date
obligations run with the land and bind subsequent owners
68
What assurances stay in place throughout the airport's existence?
exclusive rights, airport revenue, civil rights, or real property acquired with federal funds
69
What do assurances require the airport operator to do?
1. maintain the airport in good and serviceable condition
2. use specific lands approved by the FAA for non-aeronautical purpose or use
3. operate the airport in the public intrest
4. ensure there is no grant of an exclusive right for any aeronautical purpose or use
70
14 CFR Part 13 Investigation and Enforcement
Part 13 are informal which means the FAA is not obligated to hold itself to a deadline in its response to the complaint
may be filed at the ADO level
71
14 CFR Part 16 Rules of Practice for federally-Assisted Airport Enforcement Proceedings
specified the processing of complains specifically against airports that receive federal assistance and that relate specifically to a grant assurance concern
it is a formal complaint and more serious than part 13
it imposes deadlines and has stringent requirements for the airport
must be filed directly with the office of the FAA's chief counsel in Washington
72
Part 13 provides the public with what? and who investigates?
provides then a method of reporting compliance violations of federal laws affecting air transportation. it gives a more straightforward approach to address safely violations that do not involve grant assurances
the FAA, ADO, and regional airports division will investigate
73
In Part 13, What will the FAA do?
1. evaluate facts surrounding the filing and identify possible sponsor violations
2. Clarify the rights and responsibilities of the airport sponsor and the complaining party
3. offer assistance to resolve the dispute in a manner consistent with the sponsor's federal obligations
4. when violation is identified, provide the sponsor with the opportunity to comply voluntarily with its federal obligations
74
What is the process for Part 13?
complaints are sent verbally or in writing to the ADO or FAA where they will attempt to resolve the complaint.
If they can not find a resolution the FAA will make a preliminary determination normally within 120 days.
if the FAA believes the airport is out of compliance they will attempt to bring them into compliance with a notice of apparent noncompliance.
If the airport dose not perform corrective actions, it may become Part 16
75
What is the Part 16 process?
before filing the complaint a person directly and substantially affected by the alleged noncompliance must initiate and engage in good faith efforts to resolve the disputed matter informally with those individuals or entities believed to be responsible for the noncompliance
individuals file a complaint with the office of the chief council of the FAA, the complaint should describe how the complaint directly and substantially was affected by the act of, or omission of and act, by the respondents
if a complaint is filed, the FAA will notify both the complainant and the respondent in writing within 20 days
the airport is required to answer within 20 days of being notified and they need to deny or admit
there then may be an investigation
the FAA will issue a non-final decision within 120 days after the last pleading
either side can appeal within 30 days
then the FAA may issue a FAD or final agency decision
76
What may the Part 16 investigation include?
1. a review of the parties' written submissions, info gathered by the FAA, or info furnished by the parties at the FAAs request
2. oral and documentary evidence obtained through eh FAA's use of its authority
3. conducting or requiring that a sponsor conduct an audit of airport financial records and transactions
77
When might the FAA administrator issue a final agency decision FAD without a hearing during a Part 16 investigation?
1. the complaint is dismissed after investigation
2. a hearing is not required by statute and is not otherwise made available by the FAA
3. The FAA provides the respondent an opportunity for a hearing, and the respondent waives the opportunity for a hearing
4. A person may then seek judicial review of an FAA FAD through the federal court of appeals
