Regulatory Alert: FAA Releases Updates to Airport Compliance Manual
December 3, 2021
The Federal Aviation Administration (FAA) released updates to five chapters in FAA Order 5190.6B, known as the 'Airport Compliance Manual,' which is an important reference document for airport sponsors on how they are expected to comply with federal grant assurances. The revisions focus on the scope and authority of the agency's Airport Compliance Program and issues involving unjust discrimination between aeronautical users; reasonable commercial minimum standards; the right of aeronautical users to self-service; and reversions of airport property back to the federal government. 
The revisions released today are part of a broader effort of the FAA Office of Airports to update the entire Airport Compliance Manual, which was last revised in 2009. FAA informed AAAE that the agency does not intend to pursue any new policies with the series of updates, and FAA will continue to request public comment from industry on any specific changes that may be proposed in the future.
Background. As airports are aware, the Airport Compliance Manual is an important reference document for FAA personnel and the industry on how airport sponsors are expected to comply with grant assurances that they agree to in FAA grant agreements and from deeds of property conveyance for airport use. According to a notice published in the Federal Register today, FAA is in the process of reviewing the entire manual to ensure it is up to date and aligned with new or revised federal statutes, regulations, or orders that have been enacted or revised since 2009. The updates are not meant to include significant changes in compliance policy. While today's release only focuses on some chapters, subsequent updates are expected from FAA in the foreseeable future. 
Highlights of Changes. The release of FAA Order 5190.6B, Change 1, includes revisions to five different chapters (1, 9, 10, 11, and 23). AAAE encourages members to review the explanation of changes summary that is provided at the beginning of the order. Highlights from the updates include: 
• New brief discussion of airline incentive programs (Section 9.2);
• Expanded discussion on commercial minimum standards (Section 9.6);
• Updates to reflect recent policy changes regarding services provided by flying clubs (Section 10.6);
• New section that discusses illegal air charters (Section 10.7);
• Clarification on the activities covered by the right to self-service and when contracting to a third party is and is not permitted (Sections 11.2 through 11.4); and
• New section on the requirement to perform and document environmental due diligence of a property that is to be reverted to the federal government (Section 23.9).
What's Next? AAAE expects the ongoing review and update process to occur throughout 2022 until the entire order is completely updated. In the future, FAA also plans to update the manual on a more periodic basis to ensure it stays current. AAAE will be monitoring future updates and will make sure that our airport members are informed of any meaningful changes. 
The Federal Aviation Administration (FAA) released updates to five chapters in FAA Order 5190.6B, known as the 'Airport Compliance Manual,' which is an important reference document for airport sponsors on how they are expected to comply with federal grant assurances. The revisions focus on the scope and authority of the agency's Airport Compliance Program and issues involving unjust discrimination between aeronautical users; reasonable commercial minimum standards; the right of aeronautical users to self-service; and reversions of airport property back to the federal government. 
The revisions released today are part of a broader effort of the FAA Office of Airports to update the entire Airport Compliance Manual, which was last revised in 2009. FAA informed AAAE that the agency does not intend to pursue any new policies with the series of updates, and FAA will continue to request public comment from industry on any specific changes that may be proposed in the future.
Background. As airports are aware, the Airport Compliance Manual is an important reference document for FAA personnel and the industry on how airport sponsors are expected to comply with grant assurances that they agree to in FAA grant agreements and from deeds of property conveyance for airport use. According to a notice published in the Federal Register today, FAA is in the process of reviewing the entire manual to ensure it is up to date and aligned with new or revised federal statutes, regulations, or orders that have been enacted or revised since 2009. The updates are not meant to include significant changes in compliance policy. While today's release only focuses on some chapters, subsequent updates are expected from FAA in the foreseeable future. 
Highlights of Changes. The release of FAA Order 5190.6B, Change 1, includes revisions to five different chapters (1, 9, 10, 11, and 23). AAAE encourages members to review the explanation of changes summary that is provided at the beginning of the order. Highlights from the updates include: 
• New brief discussion of airline incentive programs (Section 9.2);
• Expanded discussion on commercial minimum standards (Section 9.6);
• Updates to reflect recent policy changes regarding services provided by flying clubs (Section 10.6);
• New section that discusses illegal air charters (Section 10.7);
• Clarification on the activities covered by the right to self-service and when contracting to a third party is and is not permitted (Sections 11.2 through 11.4); and
• New section on the requirement to perform and document environmental due diligence of a property that is to be reverted to the federal government (Section 23.9).
What's Next? AAAE expects the ongoing review and update process to occur throughout 2022 until the entire order is completely updated. In the future, FAA also plans to update the manual on a more periodic basis to ensure it stays current. AAAE will be monitoring future updates and will make sure that our airport members are informed of any meaningful changes. 
