12/16/85 Advisory CircularSubject: MINIMUM STANDARDS FOR COMMERCIAL 1);t1c. 1.2/ 16/85 A(' No: 150/5190-1A
AERONAUTICAL ACTIVITIES ON PUBLIC Initiated b}: Change:
AIRPORTS
1. PURPOSE. This Advisory Circular (AC) provides basic information
and road guidance material to assist the owners of public airports in
developing and applying minimum standards for commercial aeronautical
activities on public airports.
2. CANCELLATION. Advisory Circular 1;0/5100-1, Minimum Standards for
Commercial Aeronautical Activities on Public Airports, dated 8/1R/66,
is cancelled.
3. RELATED READING MATERIAL.
a. Federal Aviation Agency Policy Stat-Pment "Exclusive Rights at
Airports" as published in the Federal Register ('�0 FR 1-�6r1), October
27, 1965.
b. Order G190.6, Airports Compliance Requirements.
C. Advisory Circular 1r-0/51g0-2, Exclusive Rights at Airport's.
4. CONTENT. This A(' di9CU33e.9 minimum standards in general, explains
how they are developed, and illustrates how, throul?h proper applica-
tion, they can operate to the advantage of the airport owner, the
operator of a commercial aeronautical activit.v, and the general
public. Some examples of standards are off'( -red to suFgest. how their
various elements may he related to aeronautical activities commonly
conducted at a public airport.
5. DEFINITIONS. As used in this AC:
a. Minimum Standards. The qualifications which may be
established by an airport owner as the minimum requirements to he met,
as a condition for the right to conduct an aeronautical activity on
the airport.
AC 150/5190-IA
12/16/85
b. Aeronautical Activity - any activity which involves, makes passible,
or is required for the operation of aircraft, or which contributes
to or is required for the safety of such operations.
The following activities, commonly conducted on airports, are
aeronautical activities within this definition: charter operations,
pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and s"rveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum
products whether or not conducted in conjunction with other included
activities, repair and maintenance of aircraft, sale of aircraft
parts, and any'other activities which hecause of their direct
relationship to the operation of aircraft can appropriately be
regarded as an "aeronautical activity."
The following are examples of what are not coiisi.dered aeronautical
activities: ground transportation AaKis, car recitals, limousines);
restaurants; barber shops; auto parking lots.
C. Land Use Identification Plan - a scaled, dimensional layout of the
entire airport property, indicating current and proposed usage for
each identifiable segment.
6® BACKGROUND. The owner of a public airport developed or improved with the
assistance of funds administered by the FAA assumes certain responsibili-
ties, among them the obligation to make the airport's facilities and
services available on fair and reasonable terms without unjust discrimina-
tion. The grant of an exclusive right to conduct an aeronautical activity
on one of these obligated airports is specifically forbidden by law. On
an airport which is not so obligated, the grant of an exclusive right
should also be avoided since it limits tho usefulness of the airport and
deprives the using public of the benefits of competitive enterprise.
Where Federal funds have been expended on an airport the opportunity to
engage in an aeronautical activity not provided by the airport owner
should be made available to any person, firm or corporation meeting
standards established by the owner which are relevant to the proposed
activity, reasonable, and in the public interest. The owner of a public
airport can restrict the commercial use A the airport, or the solici-
tation of business thereon, based on nondiscriminatury standards. He
may insist, in return for the privilege of conducting an aeronautical
activity on the airport, that the person, firm or corporation selected
must meet the standards established by the airport owner governing the
quality and level of services that are of Cured W the public in
connection with the conduct of a particular aeronautical activity on the
airport. These standards must, however, be reasonable, relevant to the
proposed activity, and applied objectively and uniformly.
12/16/85
AC 15O/519O1A
%a USE OF STANDARDS. "The requirements of standards imposed on those pr"-
posing to conduct an aeronautical activity on a public airport should
relate primarily to the public interest. As building and sanitary codes
are enacted for the protection of the local community, airport standards
should be designed to protect airport patrturs from irresponsible, unsafe
or inadequate service. Because the cost of meeting reasonable standards
must be accepted as a normal business expense, no prudent operator will
undertake the investment involved unless he foresees a volume of business
that has not been fully developed. Thus, the use of reasonable standards,
while safeguarding the public interest, has the additional effect of
preserving the stability of an established business. Proper standards
discourage the unqualified for the protectiorr of both the established
operator and the public.
8• NEED TO BE REASONABLE AND RELEVANT. If an airport owner adopts qualifi-
cations and standards which are capricious, irrelevant, or unreasonable,
they could have the effect of perpetuating it monopoly. Since the
situation is different at each airport it is not possible to provide
rigid criteria to measure the reasonableness of standards. Each case
must be evaluated on its own merits in the light of circumstances
existing at that specific airport. The fairness and reasonableness of
standards normally is judged against the background of general practices
which have found acceptance at airports of comparable size and situation.
Similarly, proposed standards must be evaluated for their relevancy to
the type of activity to which they apply. A requirement that may be
perfectly reasonable when applied to a flight instruction school, for
example, could be quite unreasonable if imposed on an air taxi operator.
The elements of the standards selected should express the particular
requirements to be met by each different type of aeronautical activity
contemplated at the airport. Examples of how some elements may be shown
in standards for certain common aeronautical activities are outlined in
paragraph 9 below.
9. COMBINATIONS OF ACTIVITIES. A basi.d need at ever), airport is the pro-
vision of essential primary line services. Essential services include
the sale of aviation fuel and oil, facilities for tie -down or other
storage of aircraft, ramp services and some capability for minor flight
Line repairs. It would not be unreasonable for an airport ozoner to
insist that, as a condition for the right to engage in any of these
primary services, the standards relevant to all of them be met. Except
for these primary services, however, if standards for one type activity
incorporate requirements which obviously relate to another, the
possibility of an implied monopoly is raised. A "package" of standards
which is reasonable when applied to the operator conducting a variety of
activities could be unfair and discriminatory if imposed on an operator
proposing to engage in only one activity. For example, to require radio
repair service to provide shop facilities f()r engine repair world he
unreasonable, particularly so, if adequate whop facilities were already
available on the airport.
Popp _3
AC 150/5190-1A
12/16/85
A distinction should be made between a "standard" imposed as a prere-
quisite for all operators and contractual commitments made by the
individual. However, the willingness of a commercial operator to
provide a variety of aeronautical activities should benefit both the
airport and its patrons.
10• ELEMENTS. A review of standards adopted by many communities reveals a
frequent reliance on the financial commitment. This is usually expressed
as a requirement to lease and develop minimum acreage or building space,
or as an outright minimum dollar investment. Such a requirement, to be
meaningful, should be clearly connected to other specific requirements
which relate directly to the aeronautical activities proposed. Some of
the elements that should be incorporated intu standards at most airports
would require the service operator to:
a. Arrange for suitable spaces, structures ()r facilities.
b. Provide adequate fixtures and equipment.
c. Maintain an adequate staff of employees with skills, licenses and
certificates appropriate to the activities proposed.
d. Operate during specified minimum hours.
e. Conform to safety, health and sanitary codes.
f. Show evidence of financial stability and good credit rating.
g. Meet stated indemnity and insurance minimums.
11. LAND USE IDENTIFICATION PLANS. Land use identification plans are closely
related to minimum standards. They offer n convenient and effective
device for outlining the airport owner's program for development of
balanced land usage. Such a plan indicates the airport owner's intention
and capability to provide essential support services by allocating space
for commercial aeronautical activities. To the prospective service
operator the plan is evidence of the expected economic potential of the
airport and it alerts him to other operations, existing or planned, which
might be competitive. The plan should identify areas dedicated to
aeronautical services, fuel storage, general aviation, passenger
loading, air freight and cargo handling, common use aircraft parking,
public automobile parking, etc.; plus parcels held for future
expansion. It is an advantage to have the Aeronautical services area
platted, for it is often useful to make reference to the plat in the
grant of leasehold rights. Indeed, land use plans quite properly can
be made a part of the minimum standards themselves.
- - n
AC 150/5190-1A
12. EXAMPLES. The examples below illustrate how the elements of a standard may
be related to some of the aeronautical activities commonly -found at a
public airport. These should not, however, be considered as criteria for
judging the reasonableness of standards. The level of qualifications to
be imposed under each standard will vary, depending on the circumstances
at each individual airport. The right to offer services and commodities
to the users of a public airport.might reasonably be conditioned on the
ability to meet any combination of the following, adjusted to suit local
circumstances. But care must be taken Lo make the standards realistic,
especially to insure that they are not so demanding that they compel the
service operator to extend his investment beyond the economic potential
of the airport.
a. Fuel and Oil Sales.
(1) Suitable space in a convenient Location to service the types
of aircraft using the airport.
(2) Tank storage capacity, either above or below ground as mutually
agreed upon, for a stated minimum capacity of both jet fuel
and gasoline in specified grades.
(3) Mobile and fixed pumping equipment with reliable metering devices,
and of sufficient capacity to refuel the largest aircraft likely
to be serviced within a specified maximum time.
(4) Uniformed personnel on full time duty during the stated hours,
which may range up to 24 hours, seven days a week, depending on
local requirements.
(5) Demonstrated capability to perform minor repairs coupled wiLh a
requirement for tools, jacks, towing equipmenL, tire repair
equipment, etc.
(6) Suitable aircraft parking and tie -down areas and the demonstrated
capability to efficiently and salelymove aircraft to such areas
and store them in compliance with local regulations.
(7) A requirement that the operator install adequate grounding rods
at all fueling locations to eliminate the hazards of static
electricity.
(8) Provision of energizers, starters, passenger loading steps,
oxygen, compressed air and such other equipment and supplies as
may be required to serve the types of aircraft using the airport.
(9) Availability of conveniently located, ccmmfortahly heaLed wait ing
rooms for passengers and crew memhors (,[ itinerant aircraft,
including sanitary rest rooms and piib l i c telephone.
AC 150/5190-1A
12/16/85
(10) A commitment to remove snow and otherwise clean up the fueling
areas, coupled with the provision of the equipment necessary
for this purpose.
(11) Provision of special fire detection or fire fighting equipment
where justified, coupled with a commitment to have employees
participate'for a minimum number of hours in fire, rescue or
other emergency training when provided for tenants by the
airport owner.
b. Flight Training Activities.
(1) The avai.lahi_lity, on a full time hasis, of personnel and
equipment appropriate to the types of training planned.
(2) The availability of a number of aircraft of specific types,
compatible with the training proposed.
(3) The provision of a minimum amount of classroom space and
related rest rooms, cloak rooms and arrangements for food
service.
(4) The availability of specified minimum training equipment such
as mock-ups, engine cut-aways, instrument flight trainers.
(5) The continuing ability to meet certification requirements of the
FAA (and any pertinent state or local authorities) to conduct
the training proposed.
C. Aircraft Charter and Taxi,
(1) Suitable arrangements for passenger shelter, rest rooms,
public telephones, etc, However, where these and other
convenience facilities are provided by the airport owner for
public use, it would be unreasonable to require that they be
duplicated by air carrier, air charter, or air taxi
operators.
(2) Satisfactory arrangements for checking in passengers, handling
luggage, ticketing and ground transportation.
(3) An assurance of the continued availability of suitable aircraft,
with qualified operating crews, located at the airport (under
acceptable separate arrangements) ready to depart within a
specified maximum notice period.
d. Aircraft, Engine and Accessory Maintenance.
(1) Specific minimum hangar, shop and storage space.
f
12/16/85 AC 150/5190-1A
(2) Availability of full time repairman and mechanics in such
fields as airframe and engine maintenance, electronics
instruments, and others as required.
(3) Specified minimum equipment such as machine tools, jacks, lifts,
and test centers.
(4) Arrangements for access to, or the provision of, specified
minimum capacity for the storage of aircraft, coupled with
a requirement to remove any nonairwortl�-aircraft from the
airport premises within a reasonable.time.
(5) Suitable facilities for washing and cleaning aircraft®
(6) A commitment to promptly remove from the public landing area
(as soon as permitted by cognizant FAA and CAB authorities) any
disabled aircraft; coupled with the availability of suitable
tractors, tow bars, jacks, dollies and other equipment as might
be needed to remove the largest type aircraft that normally
could be expected.
(7) Provision of spaces and equipment meeting all applicable safety
requirements for painting aircraft.
e. Crop Dusting and Spraying.
(1) Suitable arrangements for the safe storage and containment of
noxious chemical materials.
(2) Availability of aircraft suitably equipped for agricultural
operations with adequate safeguards against spillage on runways
and taxiways or dispersal by wind force to other operational
areas of the airport.
f. Aircraft Rental and Sales.
(1) Availability during specified hours of aircraft commensurate
with the scope of the planned activity.
(2) Sales or distributorship franchise from an aircraft manu-
facturer for new aircraft, or adequate sources of used aircraft.
(3) Sui�abin. sales and office facilities, leased, rented or
constructed on the airport property.
(4) Satisfactory arrangements at the airport for repair and
servicing of sales aircraft during the sales guarantee.
(5) Minimum stocks of spare parts peculiar to the aircraft types
for which sales privileges are granted.
AC 150/5190-IA
12/16/85
13. APPLICATION. Many communities choose to state their standards only in
actual use agreements at the time they are executed. While standards can he
effective in this form, it makes them vulnerable to challenge by prospective
operators of aeronautical activities on the grounds that they are not objective.
An airport owner can most closely approach complete objectivity by developing
and publishing minimum standards before negotiating with any specific tenants..
However, this is not always practicable. On occasion, a community finds it dif-
ficult to attract competent service agencies and, as an inducement, may elect to
waive standards which, if applied at a later stage of airport development, might
be perfectly reasonable. The owner of a public airport may quite properly
increase the standards from time to time for the purpose of improving the
quality of service to the public. But juggling of standards solely to protect
the interest of an existing tenant would clearly he incompatible with this
objective. In any event, any standard which a'tenant operator is required to
meet must be uniformly applicable to all operators seeking the same franchise
privileges. A community may find it especially helpful to ask an FAA Airports
program representative to comment on the relevance and reasonableness of stan-
dards it proposes to adopt.
C
LEONARD E. MUDD
Director, Office of
800 Independence Ave . S.W.
Washington, D.C. 20591
Official Business
Penalty for Private Use $300
Airport Standards
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