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

considered involve periods of inactivity. Experimental Aircraft Association aeronautical for the purpose of hangar (EAA), stated that aviation museums Response: The term ‘‘operational use, because building an aircraft is an and non-profit organizations that aircraft’’ in the final policy does not inherently aeronautical activity. The promote aviation should not be necessarily mean an aircraft fueled and policy should at least allow for use of excluded from hangars. ready to fly. All operating aircraft a hangar at a much earlier stage of Response: Aviation museums and experience downtime for maintenance construction than final assembly. other non-profit aviation-related Response: The FAA has consistently and repair, and for other routine and organizations may have access to airport held that the need for an airport hangar exceptional reasons. The final policy property at less than fair market rent, in manufacturing or building aircraft does not include an arbitrary time under section VII.E of the FAA Policy arises at the time the components of the period beyond which an aircraft is no and Procedures Concerning the Use of aircraft are assembled into a completed longer considered operational. An Airport Revenue. (64 FR 7710, February aircraft. Prior to that stage, components airport operator should be able to 16, 1999). However, there is no special can be assembled off-airport in smaller determine whether a particular aircraft reason for such activities to displace spaces. This determination has been is likely to become operational in a aircraft owners seeking hangar space for applied to both commercial aircraft reasonable time or not, and incorporate storage of operating aircraft, unless the manufacturing as well as homebuilding provisions in the hangar lease to activity itself involves use and storage of of experimental aircraft. provide for either possibility. aircraft. Accordingly, aviation museums A large majority of the more than 14. Comment: Commenter suggests and non-profit organizations will 2,400 public comments received on the that the FAA should limit use of continue to have the same access to notice argued that aircraft construction hangars on an obligated airport as vacant hangar space as other activities at any stage is an aeronautical activity. proposed in the July 2014 notice. that do not actually require a hangar for The FAA recognizes that the Airport sponsors frequently allow non- aviation use, that is, when there is no construction of amateur-built aircraft aeronautical use of hangars now, aviation demand (aircraft storage) for differs from large-scale, commercial denying the availability of hangar space those hangars and subject to the aircraft manufacturing. It may be more to aircraft owners. discretion of the airport operator. difficult for those constructing amateur- Response: Some commenters 10. Comment: Commenters suggest built or kit-built aircraft to find supported the relatively strict policies that the policy should allow a ‘grace alternative space for construction or a in the July 2014 notice, citing their period’ for maintaining possession of an means to ultimately transport completed experience with being denied access to empty hangar for a reasonable time large aircraft components to the airport hangars that were being used for non- from the sale of an aircraft to the for final assembly, and ultimately for aviation purposes. The FAA believes purchase or lease of a new aircraft to be access to taxiways for operation. that the final policy adopted will allow stored in the hangar. Commenters stated that in many cases hangar tenants greater flexibility than Response: The FAA assumes that an airport hangar may be the only viable the proposed policy in the use of their airport lease terms would include location for amateur-built or kit-built hangars, but only to the extent that there reasonable accommodation for this aircraft construction. Also, as noted in is no impact on the primary purpose of purpose and other reasons a hangar the July 2014 notice, many airports have the hangar. The intent of the final policy might be empty for some period of time, vacant hangars where a lease for is to minimize the regulatory burden on including the aircraft being in use or at construction of an aircraft, even for hangar tenants and to simplify another location for maintenance. The several years, would not prevent owners enforcement responsibilities for airport reasons for temporary hangar vacancy of operating aircraft from having access sponsors and the FAA, but only as is and appropriate ‘‘grace periods’’ for to hangar storage. consistent with the statutory various events depend on local needs Accordingly, the FAA will consider requirements for use of federally and lease policies, and the FAA has not the construction of amateur-built or kit- obligated airport property. ehiers on DSK5VPTVN1PROD with RULES included any special provision for grace built aircraft as an aeronautical activity. Final Policy periods in the final policy. Airport sponsors must provide 11. Comment: Commenters believe reasonable access to this class of users, In accordance with the above, the that the policy should allow some subject to local ordinances and building FAA is adopting the following policy leisure spaces in a hangar, such as a codes. Reasonable access applies to statement on use of hangars at federally lounge or seating area and kitchen, in currently available facilities; there is no obligated airports: VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1  38910 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations Use of Aeronautical Land and Facilities interfere with the aeronautical use of the paragraph 22.6. Interim leases of unused hangar. hangars can generate revenue for the Applicability d. While sponsors may adopt more airport and prevent deterioration of This policy applies to all aircraft restrictive rules for use of hangars, the facilities. Approved interim or storage areas or facilities on a federally FAA will generally not consider items concurrent revenue-production uses obligated airport unless designated for to interfere with the aeronautical use of must not interfere with safe and non-aeronautical use on an approved the hangar unless the items: efficient airport operations and sponsors