Okaloosa County BOCC — November 15, 2016 — Policy on the Non-Aeronautical Use of Airport Hangars — reading text

service information ADDRESSES: You can get an electronic The sponsor may designate some that is incorporated by reference at the copy of this Policy and all other National Archives and Records areas of the airport for non-aviation documents in this docket using the use,1 with FAA approval, but Administration (NARA). For information on Internet by: aeronautical facilities of the airport the availability of this material at NARA, call 202–741–6030, or go to: http:// (1) Searching the Federal must be dedicated to use for aviation www.archives.gov/federal-register/cfr/ibr- eRulemaking portal (http:// purposes. Limiting use of aeronautical locations.html. www.faa.gov/regulations/search); facilities to aeronautical purposes (2) Visiting FAA’s Regulations and ensures that airport facilities are Issued in Renton, Washington, on May 31, Policies Web page at (http:// available to meet aviation demand at the ehiers on DSK5VPTVN1PROD with RULES 2016. www.faa.gov/regulations_policies); or airport. Aviation tenants and aircraft Michael Kaszycki, (3) Accessing the Government owners should not be displaced by non- Acting Manager, Transport Airplane Printing Office’s Web page at (http:// Directorate, Aircraft Certification Service. www.gpoaccess.gov/index.html). 1 The terms ‘‘non-aviation’’ and ‘‘non- [FR Doc. 2016–13740 Filed 6–14–16; 8:45 am] You can also get a copy by sending a aeronautical’’ are used interchangeably in this BILLING CODE 4910–13–P request to the Federal Aviation Notice. VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1  Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38907 aviation commercial uses that could be of the airport helps to ensure that the comments objected to some aspect the conducted off airport property. non-aeronautical use of airport property proposed policy statement. Comments It is the longstanding policy of the is monitored and allows the airport objecting to the proposal tended to fall FAA that airport property be available sponsor to clearly identify non- into two general categories: for aeronautical use and not be available aeronautical fair market value lease • The FAA should not regulate the for non-aeronautical purposes unless rates, in order to meet their federal use of hangars at all, especially if the that non-aeronautical use is approved obligations. Identifying non- hangar is privately owned. by the FAA. Use of a designated aeronautical uses and charging • While the FAA should have a aeronautical facility for a non- appropriate rates for these uses prevents policy limiting use of hangars on aeronautical purpose, even on a the sponsor from subsidizing non- federally obligated airports to aviation temporary basis, requires FAA approval. aviation activities with aviation uses, the proposed policy is too See FAA Order 5190.6B, Airport revenues. restrictive in defining what activities Compliance Manual, paragraph 22.6, should be allowed. September 30, 2009. The identification FAA Oversight Discussion of Comments and Final of non-aeronautical use of aeronautical A sponsor’s Grant Assurance Policy areas receives special attention in FAA obligations require that its aeronautical airport land use compliance facilities be used or be available for use The following summary of comments inspections. See Order 5190.6B, for aeronautical activities. If the reflects the major issues raised and does paragraphs 21.6(f)(5). presence of non-aeronautical items in a not restate each comment received. The Areas of the airport designated for hangar does not interfere with these FAA considered all comments received non-aeronautical use must be shown on obligations, then the FAA will generally even if not specifically identified and an airport’s Airport Layout Plan (ALP). not consider the presence of those items responded to in this notice. The FAA The AAIA, at 49 U.S.C. 47107(a)(16), to constitute a violation of the sponsor’s discusses revisions to the policy based requires that AIP grant agreements obligations. When an airport has unused on comments received. In addition, the include an assurance by the sponsor to hangars and low aviation demand, a FAA will post frequently asked maintain an ALP in a manner prescribed sponsor can request the FAA approval Questions and Answers regarding the by the FAA. Sponsor assurance 29, for interim non-aeronautical use of a Hangar Use Policy on www.faa.gov/ Airport Layout Plan, implements hangars, until demand exists for those airport compliance. These Questions § 47107(a)(16) and provides that an ALP hangars for an aeronautical purpose. and Answers will be periodically must designate non-aviation areas of the Aeronautical use must take priority and updated until FAA Order 5190.6B is airport. The sponsor may not allow an be accommodated over non-aeronautical revised to reflect the changes in this alteration of the airport in a manner use, even if the rental rate would be notice. inconsistent with the ALP unless higher for the non-aeronautical use. The 1. Comment: Commenters stated that approved by the FAA. See Order sponsor is required to charge a fair the FAA should defer to local 5190.6B, paragraph 7.18, and Advisory market commercial rental rate for any government and leave all regulation of Circular 150/5070–6B, Airport Master hangar rental or use for non- hangar use to the airport operator. Plans, Chapter 10. aeronautical purposes. (64 FR 7721). Response: The FAA has a contract Clearly identifying non-aeronautical The FAA conducts land use with the sponsor of an obligated airport, facilities not only keeps aeronautical inspections at 18 selected airports each either through AIP grant agreements or facilities available for aviation use, but year, at least two in each of the nine a surplus property deed, to limit the use also assures that the airport sponsor FAA regions. See Order 5190.6B, of airport property to certain aviation receives at least Fair Market Value paragraph 21.1. The inspection includes purposes. Each sponsor of an obligated (FMV) revenue from non-aviation uses consideration of whether the airport airport has agreed to these terms. The