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08032010 Regular Meeting
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08032010 Regular Meeting
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City Clerk - Document
Minutes
City Clerk - Type
Regular Meeting
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8/3/2010
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AC 150/5190 -6 1/4/2007 <br />2. Restrictions on Self - Service. An aircraft owner or operator may tie down, adjust, repair, refuel, <br />clean, and otherwise service his/her own aircraft, provided the service is performed by the aircraft <br />owner /operator or his/her employees with resources supplied by the aircraft owner or operator. <br />Moreover, the service must be conducted in accordance with reasonable rules, regulations or <br />standards established by the airport sponsor. Any unreasonable restriction imposed on the owners or <br />operators of aircraft regarding the servicing of their own aircraft may be construed as an exclusive <br />rights violation. In accordance with the FAA grant assurances: <br />(1) An airport sponsor may not prevent an owner or operator of an aircraft from performing <br />services on his/her own aircraft with his/her own employees and equipment. Restrictions <br />imposed by an airport sponsor that have the effect of channeling self - service activities to a <br />commercial aeronautical service provider may be an exclusive rights violation. <br />(2) An airport sponsor must reasonably provide for self - servicing activity but is not obligated to <br />lease airport facilities and land for such activity. That is, the airport sponsor is not required to <br />encumber the airport with leases and facilities for self - servicing activity, and <br />(3) An airport sponsor is under no obligation to permit aircraft owners or operators to introduce <br />equipment, personnel, or practices on the airport that would be unsafe, unsightly, or detrimental <br />to the public welfare or that would affect the efficient use of airport facilities by the public. <br />NOTE: Fueling from a pull up commercial fuel pump is not considered self - fueling under the FAA <br />grant assurances since it involves fueling from a self - service pump made available by the airport or a <br />commercial aeronautical service provider. For the actual definition, see definition "e" Commercial <br />Self- Service Fueling in Appendix 1. <br />Safety concerns are not limited to aeronautical activities but may include Occupational Safet,- and <br />Health Administration (OSHA) standards, fire safety standards, building codes, or sanitation <br />considerations. Restrictions by airport sponsors for safety must be reasonable. Examples of <br />reasonable restrictions include restrictions placed on the handling of aviation fuel and other <br />flammable products, including aircraft paint and thinners; requirements to keep fire lanes open, <br />weight limitations placed on vehicles and aircraft to protect pavement from damage, and other similar <br />safety based restrictions. <br />b. Exceptions to the General Rule <br />1. Aeronautical Activities Provided by the Airport Sponsor (Proprietary Exclusive Right). The <br />owner of a public -use airport (public or private owner) may elect to provide any or all of the <br />aeronautical services needed by the public at the airport. The airport sponsor may exercise, but not <br />grant, an exclusive right to provide aeronautical services to the public. If the airport sponsor opts to <br />provide an aeronautical service exclusively, it must use its own employees and resources. Thus, an <br />airport owner or sponsor cannot exercise a proprietary exclusive right through a management <br />contract. <br />° For many purposes, the FAA has for a long time interpreted an aircraft owners right to self- service to include operators. <br />For example, a significant number of aircraft operated by airlines are not owned but leased under terms that give the <br />operator airline owner -like powers. This includes operational control, exclusive use and long -term lease terms. The same is <br />true for other aeronautical operators such as charter companies, flight schools and flying clubs, all of which may very well <br />lease aircraft under terms that result in owner -like powers. If in a particular case, a doubt exists on whether a particular <br />"operator" can be considered as the owner for the purpose of this guidance, please contact the Airports District Office <br />(ADO) in your area. A listing ofADOs can be found at htlp: www.faa. oa v'airports airtratfic airports %regional guidance . <br />4 <br />
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