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

• The plan may be implemented only designed to preserve access for when there is no current aviation aircraft. aeronautical users and to support demand for the vacant hangars. Response: In response to the aeronautical uses. A person who leases • Leases must require the non- aeronautical land on the airport to build comments, the final policy deletes the aeronautical tenant to vacate the hangar a hangar accepts conditions that come criteria of ‘‘incidental’’ or ‘‘de minimis’’ on 30 days’ notice, to allow aeronautical with that land in return for the special use and simply requires that non- use when a request is received. aviation storage in a hangar not interfere benefits of the location. The fact that the • Once the plan is approved, the tenant pays the sponsor for use of the with movement of aircraft in or out of sponsor may lease vacant hangars on a hangar or the land does not affect the the hangar, or impede access to other 30 days’ notice without further FAA agreement between the FAA and the aeronautical contents of the hangar. The approval. sponsor that the land be used for policy lists specific conditions that The agency believes this will allow aeronautical purposes. (In fact, most would be considered to interfere with airports to obtain some financial benefit hangar owners do not have fee aeronautical use. Stored non- from vacant hangars no, while allowing ownership of the property; typically aeronautical items would be considered the hangars to be quickly returned to airport structures revert to ownership of to interfere with aviation use if they: aeronautical use when needed. FAA the airport sponsor upon expiration of Æ Impede the movement of the pre-approval of a month-to-month the lease term). An airport sponsor may aircraft in and out of the hangar; leasing plan will minimize the burden choose to apply different rules to Æ Displace the aeronautical contents on airport sponsors and FAA staff since hangars owned by the sponsor than it of the hangar. (A vehicle parked at the it is consistent with existing interim use does to privately constructed hangars, hangar while the vehicle owner is using guidance. but the obligations of the sponsor Grant the aircraft will not be considered to 6. Comment: Commenter indicates Assurances and therefore the basic displace the aircraft); that the terms ‘‘incidental use’’ and policies on aeronautical use stated in Æ Impede access to aircraft or other ‘‘insignificant amount of space’’ are too this notice, will apply to both. aeronautical contents of the hangar; vague and restrictive. 3. Comment: Commenters believe that Æ Are used for the conduct of a non- Response: The FAA has not used a policy applying the same rules to all aeronautical business or municipal these terms in the final policy. Instead, kinds of aeronautical structures, and to agency function from the hangar the policy lists specific prohibited privately owned hangars as well as (including storage of inventory); or conditions that would be considered to sponsor-owned hangars, is too general. Æ Are stored in violation of airport interfere with aeronautical use of a The policy should acknowledge the rules and regulations, lease provisions, hangar. ehiers on DSK5VPTVN1PROD with RULES differences between categories of airport building codes or local ordinances. 7. Comment: Commenter states Glider facilities. Note: Storage of equipment associated operations require storage of items at Response: A number of commenters with an aeronautical activity (e.g., the airport other than aircraft, such as thought that rules for use of privately skydiving, ballooning, gliding) would be tow vehicles and towing equipment. constructed and owned hangars should considered an aeronautical use of a This should be an approved use of be less restrictive than rules for hangars hangar. hangars. VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1  Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38909 Response: Tow bars and glider tow recognition of the time many aircraft requirement for sponsors to construct equipment have been added to the list owners spend at the airport, and the special facilities or to upgrade existing of examples of aeronautical equipment. benefits of an airport community. facilities for aircraft construction use. Whether a vehicle is dedicated to use Response: The final policy does not Airport sponsors are urged to consider for glider towing is a particular fact that include any special provision for lounge the appropriate safety measures to can be determined by the airport areas or kitchens, either specifically accommodate aircraft construction. sponsor in each case. Otherwise the permitting or prohibiting these areas. Airport sponsors leasing a vacant hangar general rules for parking a vehicle in a The policy requires only that any non- for aircraft construction also are urged hangar would apply. aviation related items in a hangar not to incorporate progress benchmarks in 8. Comment: Commenter states it interfere in any way with the primary the lease to ensure the construction should be clear that it is acceptable to use of the hangar for aircraft storage and project proceeds to completion in a park a vehicle in the hangar while the movement. The airport sponsor is reasonable time. The FAA’s policy with aircraft is out of the hangar being used. expected to have lease provisions and respect to commercial aircraft Response: The final policy states that regulations in place to assure that items manufacturing remains unchanged. a vehicle parked in the hangar, while located in hangars do not interfere with 13. Comment: Commenter suggests the vehicle owner is using the aircraft this primary purpose. that the time that an inoperable aircraft will not be considered to displace the 12. Comment: Commenters, including can be stored in a hangar should be aircraft, and therefore is not prohibited. EAA, stated that all construction of an clarified, because repairs can sometimes 9. Comment: Commenters, including aircraft should be