Transcript Document
ACA Aviation Management Consulting Group 2013 Fall Conference Association of California Airports (ACA) South Lake Tahoe, California September 11, 2013 ACA Aviation Management Consulting Group Compliance 101 Presented by: Paul Meyers Principal Aviation Management Consulting Group ACA Aviation Management Consulting Group Aviation Management Consulting Group Paul Meyers 35 years of experience… Aviation–leadership–management–customer service GA (FBO operations/management), integrated freight, air carrier, and employee training and development GA management consulting (airport and FBO) Bachelor’s degree (business/aviation administration) California State University at Los Angeles Member of the GA Airports Committee (AAAE) and Airport Business Committee (NATA) Airport Cooperative Research Program (ACRP) Panelist, principal investigator, and subcontractor Aircraft owner and instrument rated private pilot ACA Aviation Management Consulting Group Aviation Management Consulting Group… Services Provide a full range of GA management consulting services Specialize exclusively in the GA industry – Services (all GA related) are provided to: » » » » ACA Airports Fixed Based Operators (FBOs) Specialized Aviation Service Operators (SASOs) Others having an interest in the GA industry Aviation Management Consulting Group Aviation Management Consulting Group… Airports ACA Rent Studies and Fee Analysis/Studies Primary Management and Compliance Documents Strategic/Business Planning/Plans Appraisals and Valuations Lease, Use, and Operating Agreements Through-the-Fence (Access) Agreements Market Assessments and Feasibility Studies RFI/RFQ/RFP Development, Evaluation, and Selection Operational, Managerial, and Financial Assessments Acquisition, Divestiture, and Due Diligence Land Use, Site Planning, and Facility Programming Aviation Litigation Support and Expert Testimony Management Consulting Group Aviation Management Consulting Group… Team Experienced and proven professionals Excellent working knowledge of the aviation industry – GA airports and aviation businesses (in particular) Approach every project from a unique (multidimensional) GA perspective Airport, business, and customer Completed over 1,000 GA assignments at more than 500 airport and aviation business locations ACA Aviation Management Consulting Group Aviation Management Consulting Group… Resources Extensive research capabilities Proprietary GA industry database and GA resource library Excellent working knowledge of FAA policies and guidelines pertaining to: The planning, development, operation, management, and funding of airports (in general) The development, implementation, and enforcement of PMCDs (in particular) ACA Aviation Management Consulting Group Aviation Management Consulting Group… Paul Meyers 9085 East Mineral Circle, Suite 315 Centennial, CO 80112-3499 (303) 792-5202 (direct) (303) 792-2700 (office) (303) 792-2751 (facsimile) [email protected] www.aviationmanagement.com ACA Aviation Management Consulting Group Session Outline Background on Assurances Discussion of Key Assurances ACA Aviation Management Consulting Group Airport Sponsor Assurances ACA Aviation Management Consulting Group Airport Sponsor Assurances Background on Assurances ACA Aviation Management Consulting Group Background on Assurances To secure Airport Improvement Program (AIP) funds (a grant), an airport sponsor is required to give certain assurances to the FAA known as the Airport Sponsor Assurances. In essence, sponsors must agree to comply with the Assurances (currently 39) as a condition of receiving AIP funds. ACA Aviation Management Consulting Group Background on Assurances… As the recipient of an AIP funds, in addition to complying with the assurances, sponsors must comply with: Federal requirements (cited in the grant) including, but not limited to: ACA Legislation Executive orders Regulations Office of Management and Budget (OMB) Circulars Advisory Circulars (ACs) Aviation Management Consulting Group Background on Assurances… The Airport Sponsor Assurances provide a means for the federal government to ensure that public use airports are developed, operated, and maintained in a safe, secure, efficient, compatible, and compliant manner. ACA Aviation Management Consulting Group Background on Assurances Federal Airport Act of 1946 Federal Aviation Act of 1958 Airport and Airway Development Act of 1970 Airport and Airway Improvement Act of 1982 Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) Vision 100 – Century of Aviation Reauthorization Act ACA Aviation Management Consulting Group Definition of Sponsor An airport owner that has accepted AIP funds (grant) Any airports in the audience who have not accepted AIP funds (grant)? Public Agency Sponsor A public agency with control of a public-use airport (i.e., City/County/State) Private Sponsor A private owner of a public-use airport ACA Aviation Management Consulting Group The 39 Assurances 1. General Federal Requirements 2. Responsibility/Authority of the Sponsor 3. Sponsor Fund Availability 4. Good Title 5. Preserving Rights and Powers 6. Consistency with Local Plans 7. Consideration of Local Interest 8. Consultation with Users 9. Public Hearings 10. Air and Water Quality Standards ACA Aviation Management Consulting Group The 39 Assurances… 11. Pavement Preventative Maintenance 12. Terminal Development Prerequisites 13. Accounting System, Audit, and Record Keeping Requirements 14. Minimum Wage Rates 15. Veteran’s Preference 16. Conformity to Plans and Specifications 17. Construction Inspection and Approval 18. Planning Projects 19. Operation and Maintenance ACA Aviation Management Consulting Group The 39 Assurances… 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. ACA Hazard Removal and Mitigation Compatible Land Use Economic Nondiscrimination Exclusive Rights Fee and Rental Structure Airport Revenues Reports and Inspections Use by Government Aircraft Land for Federal Facilities Airport Layout Plan Aviation Management Consulting Group The 39 Assurances… 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. ACA Civil Rights Disposal of Land Engineering and Design Services Foreign Market Restrictions Policies, Standards, and Specifications Relocation and Real Property Acquisition Access By Intercity Buses Disadvantaged Business Enterprises Hangar Construction Competitive Access Aviation Management Consulting Group Airport Sponsor Assurances Discussion of Key Assurances ACA Aviation Management Consulting Group Airport Assurance 22 Economic Non-Discrimination ACA Aviation Management Consulting Group 22 (a). Economic Nondiscrimination Sponsor will make its airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical use. ACA Aviation Management Consulting Group 22 (c). Economic Nondiscrimination Each commercial aeronautical activity (operator) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other such operators making the same or similar uses of the airport and utilizing the same or similar facilities. ACA Aviation Management Consulting Group Economic Non-Discrimination Each commercial aeronautical activity (operator) shall furnish services on a reasonable and not unjustly discriminatory basis to all airport users. This provision shall be included in the agreement with the operator and shall be enforced by the sponsor. ACA Aviation Management Consulting Group Economic Non-Discrimination… Terms and Conditions of Use Sponsor may establish reasonable and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. ACA Aviation Management Consulting Group Economic Non-Discrimination… Terms and Conditions of Use... Sponsor may prohibit or limit any type, kind, or class of aeronautical use. Must be necessary for safe operation of “airport”. OR Must be necessary to serve the civil aviation needs of the “public”. FAA must concur with sponsor. ACA Aviation Management Consulting Group Economic Non-Discrimination… Commercial Aeronautical Activity by Sponsor Sponsor may engage in competitive commercial aeronautical activity. Subject to same conditions as applicable to competing contractors or concessionaires ACA Aviation Management Consulting Group Economic Non-Discrimination Self-Service ACA Aviation Management Consulting Group Self-Service Sponsor will not exercise or grant any right or privilege which operates to prevent any person operating aircraft on the airport from performing any services on its own aircraft with its own employees and equipment that it may chose to perform including, but not limited to, maintenance, repair, and fueling of aircraft. ACA Aviation Management Consulting Group Self-Service… Each air carrier using the airport shall have the right to service itself or to use any commercial flight support service provider authorized or permitted by the airport to serve any air carrier at the airport. ACA Aviation Management Consulting Group Airport Assurance 23 Exclusive Rights ACA Aviation Management Consulting Group Exclusive Rights Prohibition against exclusive rights Sponsor will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public (47107(a)(4)). ACA Aviation Management Consulting Group Exclusive Rights… Definition of an exclusive right Any power, privilege or right excluding or debarring another from enjoying or exercising a like power, privilege, or right. ACA Aviation Management Consulting Group Exclusive Rights… How is an exclusive right conferred? By express agreement By the imposition of unreasonable terms, conditions, and standards By any other means May be conferred on one or more parties ACA Aviation Management Consulting Group Exclusive Rights… FAA policy on exclusive rights Granting an exclusive right… Restricts the opportunity to engage in aeronautical activity on a federally funded airport Limits the usefulness of federally funded airports Deprives the public of the benefits of competitive commercial enterprise ACA Aviation Management Consulting Group Exclusive Rights… Proprietary Exclusive Right Sponsor may engage in any commercial aeronautical activity and deny same rights to others without violating prohibition. Only as a principal – ACA Using its own employees, equipment, and resources Aviation Management Consulting Group Exclusive Rights… Single Operator is OK if... It would be unreasonably costly, burdensome, or impractical for more than one FBO to provide aeronautical service(s). AND Allowing more than one FBO to provide service(s) would require the reduction of space leased under an existing agreement. ACA Aviation Management Consulting Group Airport Assurance 24 Fee and Rental Structure ACA Aviation Management Consulting Group 24. Fee and Rental Structure Sponsor will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. ACA Aviation Management Consulting Group Question and Answer Airport (Sponsor) Assurances ACA Aviation Management Consulting Group Thank You! Enjoy the rest of your stay. Have a safe trip home! Aviation Management Consulting Group ACA Aviation Management Consulting Group