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13 VI. SUMMARY OF COMMON INDUSTRY PRACTICES The research, survey, and interviews conducted in preparing this digest indicate that there are some com- mon industry practices used in developing and updating airport Minimum Standards. While this digest is not intended to serve as a how-to guide, understanding these common practices may assist airport lawyers, airport sponsors, airport managers, and consultants who desire to, or are tasked with, developing or updat- ing airport Minimum Standards. Some common industry practices include the follow- ing: 1. Most airport Minimum Standards share common features. As described in Section V, the vast majority of the subject documents define key terms, prescribe stan- dards generally applicable to all commercial aeronauti- cal activities, require some form of agreement with the airport sponsor, and require an application. 2. Airport Minimum Standards typically, but do not always, correspond to the commercial aeronautical ac- tivities that currently, or may in the future, occur at the airport. As detailed in Section V, the survey revealed 11 commercial aeronautical activities that customarily occur at airports. The survey and analysis of the subject documents further revealed that some airport Mini- mum Standards fail to prescribe standards for each of these customary activities or fail to prescribe standards for commercial aeronautical activities occurring at the airport. Further, a few respondents indicated receiving requests to conduct commercial aeronautical activities that were not covered by the airportâs Minimum Stan- dards. 3. Airport Minimum Standards vary widely on the standards prescribed for specific commercial aeronauti- cal activities. As analyzed in Section V and reflected in Appendix D, there is no consensus regarding the spe- cific or numeric standards that should be established for any given subject. Where specific or numeric stan- dards are prescribed, the standards that have been es- tablished vary widely from airport to airport. Thus, airport sponsors appear to tailor Minimum Standards to the particular circumstances occurring at the airport. To ensure that airport Minimum Standards are rele- vant and attainable, as required to comply with the Sponsor Assurances, the FAA supports this approach and discourages fill-in-the-blank Minimum Standards. 4. Airports typically rely on FAA resources in devel- oping and updating Minimum Standards. As detailed in Section IV.B and Appendix B, airports rely primarily on the Sponsor Assurances and FAA orders and advi- sory circulars. The literature review summarized in Section IV.A identified some additional resources. Ap- pendix A includes citations to 36 cases specifically on the subject of airport Minimum Standards that provide guidance to airport lawyers, airport sponsors, airport managers, and consultants in approaching the task of developing or updating airport Minimum Standards. 5. Few airport sponsors submit their Minimum Standards for FAA review. As examined in Section III, airport sponsors are not required to submit draft Mini- mum Standards to the FAA for review or approval; however, if a formal or informal complaint is filed with the FAA, the FAA will be called upon to consider the airport sponsorâs compliance with the Sponsor Assur- ances and related federal obligations. Several survey respondents have been parties to such informal and formal proceedings. It appears that airport sponsors determine on a case-by-case basis whether or not to seek FAA review and comment before adopting and implementing Minimum Standards. 6. Airport Managers and/or the Airport Governing Body typically lead the team. As outlined in Section IV.B and Appendix B, Airport Managers and/or the Airport Governing Body typically lead the team respon- sible for the development/update process. 7. Airport sponsors regularly review and update air- port Minimum Standards and typically complete the development or update process in less than 1 year. As reflected in Appendix B, the survey revealed that roughly half of the respondents review their airport Minimum Standards annually, and a majority update their airport Minimum Standards every 5 or fewer years. The vast majority of respondents indicated that it took less than 1 year to develop or update their Mini- mum Standards.
