Update On FAA’s Radical Proposals For Airports

There appears to be some confusion among readers, particularly lawyers, who have expressed doubt about our story on the FAA Order 5190.613, the Airport Compliance Manual.

There was even one suggestion made to our website that we fabricated the information for some personal reason. Here is the exact news release as sent by the EAA but condensed where redundant due to length.

"The FAA Airports Division issued a new and revised FAA Order 5190.613, Airport Compliance Manual recently, catching just about every one off guard. Not only because it went from 94 to 691 pages of new rules and regulations, but because it appears to make major changes that could affect general aviation.

"For example, 'Autofuel was not recognized as an authorized aviation fuel, nor does it suggest that airports take actions to install self-service, ethanol-free premium grade autogas pumps to support the 100,000+ aircraft that use autogas as their primary, FAA-approved aviation fuel.'

"Also, the new manual failed to clarify the issue of providing reduced fair-market hangar rent for not-for-profit 501c(3) tax-exempt EAA chapters, whose community activities provide positive tangible benefits to their airports.

"EAA has successfully worked with the FAA Airports Division for several years in resolving this issue.

"Also, Light Sport Aircraft that can be trailered, owners/operators of recreational aircraft such as powered parachutes, weight-shift-control and gyroplanes will be denied access to airports. This action was recognized as an activity not permitted because of the FAA's through-the-fence (TTF) prohibitions.

"With the on-going development of special light-sport aircraft as recreational aircraft, including the roadable aircraft this issue needed to be resolved, but wasn't.

"Another item said the FAA considers incompatible are permanent or long-term living quarters on airport, part-time or secondary residences, and developments known as residential hangars, hangar homes, campgrounds, fly-in communities and airpark developments - even when collocated with an aviation hangar or aeronautical facility.

"That last one may pose the biggest problem for many aircraft owners and developers of airport properties.

"The two leading general aviation organizations, EAA and AOPA, are examining the new manual for areas that need to be improved or clarified.

"They will then work with the FAA Airports Division to address the problem areas."

"In EAA's initial review of FAA Order 5190.613, three specific areas were found that pose problems for airport users and tenants. Any airport that fails to comply with these new rules will lose all airport funding."

We questioned EAA whether they realized the magnitude of the order banning on-airport residences and what this could mean to people who use auto gas and have trailerable aircraft.

While we were waiting for a reply, facing a last minute deadline and working on our new website, two different readers said they had found a clause saying the FAA had also issued orders about what can be stored in hangars. That, apparently, turned out to be false and since the document is almost 700 pages long, we mistakenly took their word for it. Won't happen again.
UPDATE

As of late January, the word from the EAA that there is "no new information from FAA since that story was posted. EAA, which has had people read the entire 600-plus page document, is pushing for a meeting with the agency's airport directorate to work through the issues.

"Our position is that the long-standing FAA policy on through-the-fence agreements - not encouraged, but submit to local determination whether these agreements are good for the airport and ruling governmental body - is the best way to go."

The EAA added some pertinent background (their words):
* This is FAA policy, not regulation. The bad news is that the changes can come more quickly since it doesn't have to go through the rulemaking process.

EAA's point is that this policy change is basically rulemaking without the public input.
* This is for TTF (through the fence) agreements on publicly-owned airport or privately owned ones that accept FAA funding. If it's a privately owned and funded airpark, it doesn't apply.
* Local airport governance has always had the ability to prohibit through-the-fence agreements based on local determinations. Removing the new FAA policy won't change that, but the discussion would be on the local level.
* The new FAA policy runs counter to the agency's efforts to promote aviation participation.

To those attorneys who have e-mailed us that they can't find the relevent information regarding auto gas, airport properties or prohibitions on trailerable aircraft, perhaps you could contact EAA's lawyers, who seem to have had no problem finding them.

Why has no other publication picked this up? You'd have to ask them.