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

of the airport. The AAIA requires that sponsor is using designated aeronautical FAA relies on each airport sponsor to airport revenues be used for airport areas of the airport exclusively for comply with its obligations under this purposes, and that the airport maintain aeronautical purposes, unless otherwise contract. To maintain a standardized a fee structure that makes the airport as approved by the FAA. See Order national airport system and self-sustaining as possible. 49 U.S.C. 5190.6B, paragraph 21.6. standardized practices in each of the 47107(a)(13)(A) and (b)(1). The FAA and FAA’s nine regional offices, the agency the Department of Transportation Office The Notice of Proposed Policy issues guidance on its interpretation of of the Inspector General have In July 2014, the FAA issued a notice the requirements of the AIP and surplus interpreted these statutory provisions to of proposed policy on use of hangars property agreements. It falls to the local require that non-aviation activities on and related facilities at federally airport sponsor to implement these an airport be charged a fair market rate obligated airports, to provide a clear and requirements. The FAA allows airport for use of airport facilities rather than standardized guide for airport sponsors sponsors some flexibility to adapt the aeronautical rate. See FAA Policies and FAA compliance staff. (79 FR compliance to local conditions at each and Procedures Concerning the Use of 42483, July 22, 2014). The FAA received airport. Airport Revenue, (64 FR 7696, 7721, more than 2,400 comments on the However, some airport sponsors have February 16, 1999) (FAA Revenue Use proposed policy statement, the majority adopted hangar use practices that led to Policy). from persons who have built or are in airport users to complain to the FAA. If an airport tenant pays an the process of building an amateur-built Some airport users have complained aeronautical rate for a hangar and then aircraft. The FAA also received that sponsors are too restrictive, and fail uses the hangar for a non-aeronautical comments from aircraft owners, tenants to allow reasonable aviation-related uses ehiers on DSK5VPTVN1PROD with RULES purpose, the tenant may be paying a and owners of hangars, and airport of airport hangars. More commonly, below-market rate in violation of the operators. The Aircraft Owners and aircraft owners have complained that sponsor’s obligation for a self-sustaining Pilots Association (AOPA) and the hangar facilities are not available for rate structure and FAA’s Revenue Use Experimental Aircraft Association aircraft storage because airport sponsors Policy. Confining non-aeronautical (EAA) also provided comments on have allowed the use of hangars for activity to designated non-aviation areas behalf of their membership. Most of the purposes that are unrelated to aviation, VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1  38908 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations such as operating a non-aviation leased from the airport sponsor. The 5. Comment: Commenters stated the business or storing multiple vehicles. By Leesburg Airport Commission policy should apply different rules to issuing the July 2014 notice, the FAA commented that there are different situations where there is no aviation intended to resolve both kinds of kinds of structures on the airport, with demand for hangars, especially when complaints by providing guidance on variations in rental and ownership hangars are vacant and producing no appropriate management of hangar use. interests, and that the FAA’s policy income for the sponsor. The agency continues to believe that should reflect those differences. The Response: At some airports, at some FAA policy guidance is appropriate and FAA acknowledges that ownership or times, there will be more hangar necessary to preserve reasonable access lease rights and the uses made of capacity than needed to meet to aeronautical facilities on federally various aeronautical facilities at airports aeronautical demand, and as a result obligated airports. However, the final will vary. The agency expects that there will be vacant hangars. The FAA policy has been revised in response to airport sponsors’ agreements with agrees that in such cases it is preferable comments received on the proposal. tenants would reflect those differences. to make use of the hangars to generate 2. Comment: Commenters, including The form of property interest, be it a revenue for the airport, as long as the AOPA, stated that the FAA lacks the leasehold or ownership of a hangar, hangar capacity can be recovered on authority to regulate the use of privately does not affect the obligations of the relatively short notice for aeronautical owned hangars. airport sponsor under the Grant use when needed. See Order 5190.6B, Response: The FAA has a statutory Assurances. All facilities on designated paragraph 22.6. The final policy adopts obligation to assure that facilities on aeronautical land on an obligated a provision modeled on a leasing policy aeronautically designated land at airport are subject to the requirement of the Los Angeles County Airport federally obligated airports are that the facilities be available for Commission, which allows month-to- reasonably available for aviation use. aeronautical use. month leases of vacant hangars for any Designated aeronautical land on a 4. Comment: Commenters agree that purpose until a request for aeronautical federally obligated airport is a necessary hangars should be used to store aircraft use is received. The final policy requires part of a national system of aviation and not for non-aviation uses, but, they that a sponsor request FAA approval facilities. Land designated for argue the proposed policy is too before implementing a similar leasing aeronautical use offers access to the restrictive on the storage of non-aviation plan: local airfield taxiway and runway related items in a hangar along with an • The airport sponsor may request system. Land designated for aircraft. A hangar with an aircraft in it FAA approval of a leasing plan for the aeronautical use is also subject to lease of vacant hangars for non- still has a large amount of room for certain conditions, including FAA aeronautical use on a month-to-month storage and other incidental uses, and policies concerning rates and charges basis. that space can be used with no adverse (including rental rates) which were effect on the use and storage of the