2023-09983

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration • 14 CFR Chapter I • [FAA-2018-0432] AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Policy statement. SUMMARY: This notice announces the Final Policy and procedures for an airport sponsor requesting approval of the temporary closure of a federally obligated airport for a nonaeronautical purpose. Under federal law, the Secretary of Transportation may approve a project grant application for an airport development project only if the Secretary receives written assurances that a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary. Airport operators that have accepted Federal financial assistance are obligated to maintain the airport for public aviation use. Under certain conditions, an airport sponsor may temporarily close the airport or part of the airport for a nonaeronautical event, if the FAA approves the airport sponsor's request in advance of a nonaeronautical event. The Secretary's review and approval, delegated to the Federal Aviation Administration, constitutes a Federal Action that requires an assessment under the National Environmental Policy Act. The FAA adopts this policy statement to provide additional guidance for airport operators to comply with the requirements of the statute and obtain an FAA decision in a timely manner for the conduct of their nonaeronautical event at the airport. DATES: Effective June 12, 2023. FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, (202) 267-3085; Lorraine.herson-jones@faa.gov. SUPPLEMENTARY INFORMATION: I. Background Airport Sponsor Obligations Airport sponsors that have accepted grants under the Airport Improvement Program (AIP) or other Office of Airport grants have agreed to comply with certain Federal laws and policies included in each grant agreement as sponsor assurances. The Airport and Airway Improvement Act of 1982 (AAIA) (Pub. L. 97-248), as amended and recodified at 49 U.S.C. 47107(a)(1), and the contractual airport sponsor assurances require that the sponsor make the airport available for aviation use. Title 49 U.S.C. 47107(a)(8) requires grant agreements to include an assurance that “a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary [of Transportation].” This requirement is implemented by Grant Assurance 19, Operation and Maintenance, which incorporates the requirement that a temporary airport closure for a nonaeronautical purpose be first approved by the Secretary. The Secretary's approval authority has been delegated to the FAA as part of the administration of the AIP. It is the longstanding policy of the FAA that airport property be available for aeronautical use unless a particular nonaeronautical use is approved by the FAA. Each year many sponsors of federally obligated airports request temporary closures of a ramp, taxiway, runway or an entire airport for a nonaeronautical event, typically for a period of one to three days. The FAA must approve any such request in advance before the event can take place. While the FAA offices generally applied similar criteria to the evaluation of requests for temporary closure, the agency has not provided uniform guidance for sponsors on the process to request a temporary closure. The FAA believes that a more detailed description of what is needed to support a request for temporary closure of airport…

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.