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09/30/2009 5190.6B Page 12-7 c. Safety Considerations. Arrangements that permit aircraft to gain access to the airfield from off-site properties complicate the control of vehicular and aircraft traffic. In some cases, they may create unsafe conditions. The sponsor may need to incorporate special safety operational requirements in its “through-the-fence” agreements. (For example, a safety requirement may be needed to prevent aircraft and vehicles from sharing a taxiway.) When required, FAA Flight Standards should be consulted on safety and operational matters. In all cases, in any “through- the-fence” agreement, the airport sponsor must retain the ability to intervene if a safety concern arises and take all the necessary actions. d. Off-Airport Aeronautical Businesses. As a general principle, the ADO or regional airports division should not support sponsor requests to enter into any agreement that grants “through- the-fence” access to the airfield for aeronautical businesses that would compete with an on- airport aeronautical service provider such as an FBO. Exceptions may be granted on a case-by- case basis where operating restrictions ensure safety and equitable compensation for use of the airport and subordinate the agreement to the grant assurances and grant agreement. Examples of “through-the-fence” uses that would not compete with an on-airport business include: (1). At the sponsor’s option, if a bona fide airport tenant has already leased a site from the sponsor and has negotiated airfield use privileges but also desires to move aircraft to and from a hangar or manufacturing plant on adjacent off-airport property, the tenant may gain access through an area provided by the sponsor. (2). Although not encouraged by the FAA, if an individual or corporation actually residing or doing business on an adjacent tract of land proposes to gain access to the airfield solely for aircraft use without offering any aeronautical services to the public, the sponsor may agree to grant this access. Airports commonly face this situation when an industrial airpark or manufacturing facility is developed in conjunction with the airport. Under no circumstances is the FAA to support any “through- the-fence” agreement associated with residential use since that action will be inconsistent with the federal obligation to ensure compatible land use adjacent to the airport. e. FAA Determinations. The FAA regional airports division will determine whether arrangements granting access to the airfield from off-site locations are consistent with applicable federal law and policy. If the FAA regional airports division determines that such an agreement lessens the public benefit for which the airport was developed, the FAA regional airports division will notify the sponsor that the airport may be in violation of its federal obligations if it grants such “through-the-fence” access. If necessary, the FAA headquarters Airport Compliance Division (ACO-100) will be able to provide assistance in such cases. f. Reasonable Access is Not Required. It is important to remember that users having access to the airport under a “through-the-fence” agreement are not protected by the sponsor’s federal obligations to the FAA. This is because the federal obligation to make the airport available for