On Monday, ACC submitted comprehensive comments to the Federal Aviation Administration (FAA) on draft Order 5100.38E, Airport Improvement Program Handbook. The submission reflects an extensive review by a multidisciplinary ACC member task force and includes more than 300 section-specific comments addressing policy concerns, implementation questions, technical recommendations, and editorial corrections.
The Airport Improvement Program (AIP) Handbook establishes the policies and procedures governing the administration of AIP funding. FAA is updating the Handbook to incorporate statutory changes, consolidate subsequent guidance, improve usability, and provide greater decision-making authority to FAA Field Offices.
Improvements Recognized by ACC
ACC’s comments recognize several meaningful improvements in the draft. The shorter, reorganized structure is easier to navigate, and grouping project-specific requirements within topic-based appendices provides a more logical starting point for airport sponsors, consultants, and FAA personnel.
ACC also welcomed expanded Field Office responsibility, limited sponsor self-certification of eligible terminal costs, incorporation of provisions from Program Guidance Letters and Reauthorization Program Guidance Letters, and FAA’s planned development of an AIP funding tool.
ACC’s Core Recommendations
While recognizing this progress, ACC identified several policy and implementation concerns that could continue to create inconsistent outcomes, repeated reviews, added costs, and project delays. ACC’s principal recommendations call on FAA to:
- Clearly distinguish among statutory project eligibility, project justification, funding priority, and allowable costs, including differences between apportionment and discretionary funding.
- Pair greater Field Office authority with nationally consistent standards, defined decision criteria, target review timeframes, written explanations for material determinations, and a clear process for elevating questions to the appropriate FAA Region or Headquarters.
- Scale grant-readiness documentation, benefit-cost analyses, independent fee estimates, cost reviews, and similar requirements to a project’s size, complexity, funding source, and risk.
- Establish consistent criteria for maintenance, repair, rehabilitation, reconstruction, replacement, and improvement, while considering an asset’s condition, reliability, obsolescence, safety implications, and operational need when determining replacement eligibility.
- Recognize modern project delivery methods in the final Handbook and complete the pending Advisory Circular providing practical implementation guidance for progressive design-build, construction manager at risk, construction manager/general contractor, and other alternative delivery methods.
- Fully implement applicable provisions of the 2018 and 2024 FAA reauthorization laws and provide greater transparency regarding provisions that have been retained, revised, relocated, or transferred to separate guidance.
ACC also recommended that FAA publish a comment disposition matrix and a complete crosswalk between the current and proposed Handbooks. The submission asks FAA to provide a reasonable transition period, avoid applying new requirements retroactively to projects already underway, and issue nationally consistent implementation guidance before provisions relying heavily on Field Office judgment take effect.
ACC appreciates the many members who contributed their time, technical expertise, and practical project experience to this effort. Their input enabled ACC to provide FAA with both high-level policy recommendations and detailed, actionable comments intended to improve the final Handbook.
FAA has extended the public comment period through August 31. ACC will remain engaged with FAA and other airport stakeholders as the agency reviews comments and revises the Handbook, a process Congress directed FAA to complete by May 16, 2027.
