Understanding FAA Grant Assurance Obligations Volume 2: Technical Appendices (2018) / Chapter Skim
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-1 A P P E N D I X A , D A T A F R O M A D M I N I S T R A T I V E D E T E R M I N A T I O N S , O P I N I O N S A N D M E M O R A N D A , A N D J U D I C I A L D E C I S I O N S The research effort included a review of individual administrative and judicial determinations interpreting Grant Assurance Requirements.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-2 FAA and DOT is substantially less.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-3 Sources: LRD 21; FAA Part 16 database Figure A-2, Distribution of Specific Grant Assurance Requirements in Complaints/Investigations Figure A-3 shows the distribution of instances in which the FAA or DOT found violations of specific Grant Assurance Requirements, the same requirements shown in Figure A-2.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-4 Sources: LRD 21; FAA Part 16 database Figure A-3, Distribution of Findings of Violations of Specific Grant Assurance Requirements Figures A-2 and A-3 are based on the data depicted in Table A-1 below.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-5 Table A-1, Tally of Issues and Violations in Administrative Decisions Sources: LRD 21; FAA Part 16 database Total Cases Violation % of Cases With Violation #23 Exclusive Rights 91 17 19% #22 Minimum Standards 44 11 25% #22 Rates and Charges 48 9 19% #22 Terminate/Refuse Lease 58 7 12% #22 Self‐Service/Fueling 25 7 28% #22 Access Restrictions 11 5 45% #22 Lease Terms 22 4 18% #5 Preserving Rights and Powers 20 4 20% #29 Airport Layout Plan 15 4 27% #25 Airport Revenues 10 3 30% #24 Self‐Sustainability 26 2 8% #19 Operation & Maintenance 14 2 14% Other total 75 6 8% #5 Preserving Rights and Powers (through‐the‐fence operations)
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendix Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-6 Section A.2 FAA and DOT Opinion Letters and Memoranda LRD 21 includes 51 records of opinions issued by the FAA, the U.S.DOT or the U.S.DOT Office of Inspector General (OIG)
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendix Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-7 Figure A-5 shows the distribution of Specific Grant Assurance requirements at issue in each opinion.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-8 Figure A-6 shows the frequency with which a violation of the specific Grant Assurance Requirements included in Figure A-5 was found in an opinion letter or memoranda.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-9 Opinions classified as mixed involve situations where the FAA, DOT or OIG found some issues that were potential violations and some that were not.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-10 Table A-2, Tally of Issues and Violations in Opinions and Memoranda Source: LRD 21 Section A.3 Judicial Decisions (LRD 13)
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-11 Source: LRD 13 Figure A-8, Distribution of Judicial Decisions Related to Grant Assurances A total of 14 specific Grant Assurance requirements were considered in the judicial decisions.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-12 Source: LRD 13 Figure A-9, Distribution of Specific Grant Assurance Requirements Considered in Decisions Figure A-10 shows the frequency with which a violation of the specific Grant Assurance Requirements included in Figure A-9 was found in a decision.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-13 Source: LRD 13 Figure A-10, Distribution of Findings of Violations of Specific Grant Assurances in Decisions Figures A-8 through A-10 are based on data included in Table A-3 below.
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ACRP Project 03-38 (FY 2015) Task 8 Final Technical Appendices Understanding FAA Grant Assurance Obligations Appendix A, Data From Determinations, Opinions, Judicial Decisions A-14 Table A-3, Tally of Issues and Violations in Judicial Decisions Related to Grant Assurances Source: LRD 13 Total Violation No violation Indefinite*
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