Notice of Policy on Evaluating Disputed Changes of Sponsorship at Federally Obligated Airports, 36144-36145 [2016-13177]
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36144
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Chapter I
Notice of Policy on Evaluating
Disputed Changes of Sponsorship at
Federally Obligated Airports
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of policy.
AGENCY:
This document clarifies the
FAA’s legal authority and policy for
addressing disputed changes of
sponsorship at federally obligated,
publicly owned airports. This document
also explains the requirements for state
or local government entities to
coordinate with the FAA when
contemplating actions that may impact
an airport’s ownership, sponsorship,
governance, or operations.
DATES: June 6, 2016.
FOR FURTHER INFORMATION CONTACT:
Kevin C. Willis, Manager, Airport
Compliance Division, ACO–100, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591, telephone (202)
267–3085; facsimile: (202) 267–4629.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK3G9T082PROD with RULES
I. Introduction
This document clarifies the FAA’s
legal authority and policy for
monitoring and approving requests to
change the sponsorship of, and/or
operational responsibility for, an airport
from one public agency to another
public agency when there is a dispute
surrounding the proposed change.1 This
document also describes the
requirements for coordination between
the FAA and state or local governments
contemplating actions that may impact
an airport’s ownership, sponsorship,
governance, or operations, to ensure that
such actions are consistent with Federal
requirements. Where the current
sponsor/operator and the proposed new
sponsor/operator agree to a change of
sponsorship and/or operational control,
Section IV of this document does not
apply.
II. FAA Legal Authority and
Responsibility
While state or local legislative action,
or a judicial action, as the case may be,
may seek to change an airport’s
1 The policy does not apply to a change of
sponsorship or ownership of a privately-owned
airport, transfers under the Airport Privatization
Pilot Program, or changes when the Federal
Government exercises its right of reverter.
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
ownership, sponsorship, governance, or
operations, only the FAA has the
authority to determine sponsor
eligibility, approve and formally change
airport sponsorship, and approve and
issue a new Airport Operating
Certificate pursuant to 14 CFR part 139.
The FAA has a statutory obligation to
ensure that an airport sponsor/operator
is capable of assuming all grant
assurances, safety compliance, and
other Federal obligations, and has the
expertise to operate the airport.
Specifically, an airport sponsor/operator
must meet the requirements set out in
title 49 U.S.C. 44706, as implemented
by 14 CFR part 139, for obtaining an
Airport Operating Certificate, (if
applicable) or in 49 U.S.C. 47102, as
implemented by FAA Order 5100.38D
(which includes provisions governing
sponsor eligibility for Airport
Improvement Program (AIP) funding)
and/or 14 CFR part 158 (which governs
the Passenger Facility Charge (PFC)
program pursuant to 49 U.S.C. 40117).
The FAA’s obligation extends to
reviewing sponsor/operator eligibility
when state and local governments
propose a change in the airport
governance structure to ensure that
there is no ambiguity regarding
responsibility for Federal obligations
and that any proposed changes will not
impact compliance with Federal law. (In
the event of a local or state dispute
regarding sponsorship/operation of the
airport, the FAA will apply the policy
set out in Section IV below.) If any
proposed changes give rise to such
concerns by the FAA, the agency will
work with state and/or local
government(s) to resolve the concerns
or, if the concerns cannot be addressed,
deny the request.
Airport sponsors and operators are
required to maintain compliance with
Federal requirements at all times, and
this document does not preclude the
FAA from taking enforcement action if
a sponsor or operator fails to fulfill its
obligations, even if the FAA has
approved the transfer.
III. Coordination of Potential Actions
To Change Sponsorship/Operations
Any state or local legislative body or
public agency considering whether to
take an action, such as drafting
legislation, that would impact airport
ownership, sponsorship, governance, or
operations should (1) consult with and
obtain the consent of the current
sponsor/operator (absent extraordinary
circumstances, such as substantial
evidence of mismanagement on the part
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
of the current sponsor/operator); 2 and
(2) request technical assistance from the
FAA about the interrelationship
between Federal and state or local
requirements, and seek the FAA’s
review and comment as early in the
deliberative process as is practicable. A
failure to consult may cause FAA to
deny a proposed change to airport
sponsorship and/or operating authority.
In all cases, final decisions regarding the
proposed change will be made by FAA’s
Office of Airport Compliance and
Management Analysis.
In seeking technical assistance,
representatives of the existing and/or
proposed sponsors and operators must
contact the appropriate Regional Office
or Airport District Office (ADO) as early
in the process as practicable. The
Regional Office or ADO will inquire as
to whether the proposed change is
disputed, and the FAA will not act upon
the proposed change until the dispute is
resolved in accordance with Section IV
below. In the absence of a dispute or
upon final resolution of a dispute, the
Regional Office or ADO will work with
prospective airport sponsors and
operators to ensure understanding of
and compliance with the legal
obligations associated with being an
airport sponsor or operator (including
those under part 139 as well as the AIP
grant assurances and the PFC program
requirements).
As soon as Regional Offices and ADOs
become aware of a proposed change in
ownership, sponsorship, governance, or
operations, they must alert the FAA
Office of Airport Compliance and
Management Analysis, which will
advise the Office of Airport Safety and
Standards and Office of Airport
Planning and Programming. The Office
of Airport Compliance and Management
Analysis is responsible for approving all
changes to an airport’s ownership,
sponsorship, governance, or operations.
The Office of Airport Safety and
Standards is responsible for
administering 14 CFR part 139. The
Regional Airport Safety and Standards
Offices are responsible for approving
changes to the part 139 Airport
Certification Program Handbook. The
Office of Airport Planning and
Programming also plays a role in
determining sponsor eligibility, and
2 Consent from the current sponsor/operator
before a change of sponsorship or operational
authority is a critical factor for the FAA in
determining whether safety, efficiency, and
compliance with grant assurances as required by
Federal law will be fully satisfied prior to, during,
and after any transition period between sponsors/
operators. Even when consent is obtained, the FAA
independently will determine whether the
proposed sponsor/operator is able to satisfy Federal
requirements for airport sponsorship or operation.
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
administers the AIP and PFC programs,
as well as several associated programs
and requirements.
IV. FAA Policy on Disputed Changes to
Airport Sponsorship or Operations
The determination of whether to seek
a new applicant for airport sponsorship
is a state or local decision. The FAA
expects that all disputes about whether
to change airport sponsorship and/or
operating authority will be resolved
through a legally-binding agreement
between the parties involved in the
dispute or a final, non-reviewable legal
decision. While parties should seek
technical assistance from the FAA as
early as practicable, parties are
encouraged to wait until a dispute has
been resolved before submitting an
application to the FAA seeking the
agency’s approval of a change in
sponsorship of, and/or operational
responsibility for, an airport. In matters
in which a proposed change is contested
by a current sponsor or operator, the
FAA will not act on a part 139
application or a change of airport
sponsorship and/or operating authority
until the dispute is definitively resolved
to the satisfaction of the FAA.
Resolution may be demonstrated by
issuance of a final, non-reviewable
judicial decision requiring such a
change, by the issuance of a consent
letter between the existing airport
sponsor and/or operator and the
proposed new sponsor and/or operator,
or by other legally definitive means
deemed acceptable to the FAA.
The FAA will accept an application
for a change in airport sponsorship/
operation only upon a legally definitive
resolution of a dispute. At that time, the
FAA will evaluate whether an
application is complete and whether the
proposed airport sponsor/operator is
capable of assuming all grant
assurances, safety compliance, and
other Federal obligations, and has the
expertise to operate the airport as
required by law.
V. Reimbursement of Airport
Investments
In circumstances in which a change in
sponsorship or operation of an airport is
approved and effectuated, the new
airport sponsor and/or operator should
reimburse the prior sponsor for
investments that have been made by the
prior sponsor of the airport but have not
been fully recouped at the time of the
change in airport sponsorship. Any such
reimbursements must be consistent with
the FAA’s Policy and Procedures
Concerning the Use of Airport Revenue,
64 FR 7696 (Feb. 16, 1999).
Issued in Washington, DC, on May 25,
2016.
Eduardo A. Angeles,
Associate Administrator for Airports.
[FR Doc. 2016–13177 Filed 6–1–16; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Parts 203, 250, 251, 252, 254,
256, 280, 282, 290, and 291
[Docket ID: BSEE–2016–0006; EEEE500000
16XE1700DX EX1SF0000.DAQ000]
RIN 1014–AA15
Oil and Gas and Sulphur Operations in
the Outer Continental Shelf—Technical
Corrections
Bureau of Safety and
Environmental Enforcement (BSEE),
Interior.
ACTION: Final rule.
AGENCY:
This rule makes minor edits,
changes, and updates to BSEE
regulations. These changes include, but
are not limited to: correcting all current
SUMMARY:
36145
Office of Management and Budget
(OMB) control numbers from ‘‘1010’’ to
‘‘1014’’; adding two new control
numbers to regulations as required by
the Paperwork Reduction Act (PRA);
changing the BSEE address from
‘‘Herndon, VA’’ to ‘‘Sterling, VA’’;
changing ‘‘shall’’ to ‘‘will’’ or ‘‘must’’
and changing ‘‘which’’ to ‘‘that’’; and
revising other language where necessary
for improved clarity.
DATES: This rule becomes effective on
July 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Amy White, Regulations and Standards
Branch at (703) 787–1665 or email at
regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
Background
The technical corrections in this
rulemaking affect offshore operators,
lessees, pipeline right-of-way holders,
and permittees. The corrections are
necessary to reflect accurate regulatory
citations, add or change a few words for
clarification, and revise section
numbering. Also, regulatory text that
was inadvertently removed in a 2013
regulatory update is being re-inserted
where it belongs. These corrections will
make the regulations easier to read,
understand, and comprehend, but will
not change the purpose, scope or effect
of the regulations.
Because this rule makes no
substantive change in any rule or
requirement, BSEE for good cause finds
that notice and public comment are
unnecessary pursuant to 5 U.S.C.
553(b)(3)(B).
This rulemaking will correct
regulations in 30 CFR parts 203, 250,
251, 252, 254, 256, 280, 282, 290, and
291 to reflect the changes discussed
below. The following table shows the
current regulatory citation and what
changes were made.
Section-by-Section Discussion
Current citation
Description of revision
30 CFR part 203 .............................
Revises the authority citation for Part 203 from ‘‘43 U.S.C. 1331 et seq.’’ to ‘‘43 U.S.C. 1334’’. Revises the
‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’.
Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic
payments of royalty relief fees.
Corrects the OMB Control Number from ‘‘1010–0071’’ to ‘‘1014–0005’’.
Revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’.
Adds the word ‘‘part’’ before ‘‘250’’ in paragraphs (b)(1) through (b)(18) in the table of general references
for these regulations.
Adds new paragraph (b)(19) to the table of general references for these regulations, to include ‘‘Safety and
Environmental Management Systems (SEMS), 30 CFR part 250, subpart S’’.
Adds the cross reference ‘‘(as incorporated by referenced in § 250.198)’’ after the phrase ‘‘Division 2’’.
Adds ‘‘Gas Storage or Injection’’ as an undesignated center heading to assist the reader with the regulatory text that follows.
Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic
payments, adds the words ‘‘or permit,’’ and makes structural changes so that all text is contained in subsections (a) and (b).
§ 203.3(b) ........................................
mstockstill on DSK3G9T082PROD with RULES
§ 203.5(a) ........................................
30 CFR part 250 .............................
§ 250.102(b) ....................................
§ 250.102(b) ....................................
§ 250.114(a) ....................................
Undesignated Center Heading before § 250.118.
§ 250.126 .........................................
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16:21 Jun 03, 2016
Jkt 238001
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36144-36145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13177]
[[Page 36144]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Chapter I
Notice of Policy on Evaluating Disputed Changes of Sponsorship at
Federally Obligated Airports
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of policy.
-----------------------------------------------------------------------
SUMMARY: This document clarifies the FAA's legal authority and policy
for addressing disputed changes of sponsorship at federally obligated,
publicly owned airports. This document also explains the requirements
for state or local government entities to coordinate with the FAA when
contemplating actions that may impact an airport's ownership,
sponsorship, governance, or operations.
DATES: June 6, 2016.
FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Manager, Airport
Compliance Division, ACO-100, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591, telephone (202) 267-
3085; facsimile: (202) 267-4629.
SUPPLEMENTARY INFORMATION:
I. Introduction
This document clarifies the FAA's legal authority and policy for
monitoring and approving requests to change the sponsorship of, and/or
operational responsibility for, an airport from one public agency to
another public agency when there is a dispute surrounding the proposed
change.\1\ This document also describes the requirements for
coordination between the FAA and state or local governments
contemplating actions that may impact an airport's ownership,
sponsorship, governance, or operations, to ensure that such actions are
consistent with Federal requirements. Where the current sponsor/
operator and the proposed new sponsor/operator agree to a change of
sponsorship and/or operational control, Section IV of this document
does not apply.
---------------------------------------------------------------------------
\1\ The policy does not apply to a change of sponsorship or
ownership of a privately-owned airport, transfers under the Airport
Privatization Pilot Program, or changes when the Federal Government
exercises its right of reverter.
---------------------------------------------------------------------------
II. FAA Legal Authority and Responsibility
While state or local legislative action, or a judicial action, as
the case may be, may seek to change an airport's ownership,
sponsorship, governance, or operations, only the FAA has the authority
to determine sponsor eligibility, approve and formally change airport
sponsorship, and approve and issue a new Airport Operating Certificate
pursuant to 14 CFR part 139. The FAA has a statutory obligation to
ensure that an airport sponsor/operator is capable of assuming all
grant assurances, safety compliance, and other Federal obligations, and
has the expertise to operate the airport. Specifically, an airport
sponsor/operator must meet the requirements set out in title 49 U.S.C.
44706, as implemented by 14 CFR part 139, for obtaining an Airport
Operating Certificate, (if applicable) or in 49 U.S.C. 47102, as
implemented by FAA Order 5100.38D (which includes provisions governing
sponsor eligibility for Airport Improvement Program (AIP) funding) and/
or 14 CFR part 158 (which governs the Passenger Facility Charge (PFC)
program pursuant to 49 U.S.C. 40117).
The FAA's obligation extends to reviewing sponsor/operator
eligibility when state and local governments propose a change in the
airport governance structure to ensure that there is no ambiguity
regarding responsibility for Federal obligations and that any proposed
changes will not impact compliance with Federal law. (In the event of a
local or state dispute regarding sponsorship/operation of the airport,
the FAA will apply the policy set out in Section IV below.) If any
proposed changes give rise to such concerns by the FAA, the agency will
work with state and/or local government(s) to resolve the concerns or,
if the concerns cannot be addressed, deny the request.
Airport sponsors and operators are required to maintain compliance
with Federal requirements at all times, and this document does not
preclude the FAA from taking enforcement action if a sponsor or
operator fails to fulfill its obligations, even if the FAA has approved
the transfer.
III. Coordination of Potential Actions To Change Sponsorship/Operations
Any state or local legislative body or public agency considering
whether to take an action, such as drafting legislation, that would
impact airport ownership, sponsorship, governance, or operations should
(1) consult with and obtain the consent of the current sponsor/operator
(absent extraordinary circumstances, such as substantial evidence of
mismanagement on the part of the current sponsor/operator); \2\ and (2)
request technical assistance from the FAA about the interrelationship
between Federal and state or local requirements, and seek the FAA's
review and comment as early in the deliberative process as is
practicable. A failure to consult may cause FAA to deny a proposed
change to airport sponsorship and/or operating authority. In all cases,
final decisions regarding the proposed change will be made by FAA's
Office of Airport Compliance and Management Analysis.
---------------------------------------------------------------------------
\2\ Consent from the current sponsor/operator before a change of
sponsorship or operational authority is a critical factor for the
FAA in determining whether safety, efficiency, and compliance with
grant assurances as required by Federal law will be fully satisfied
prior to, during, and after any transition period between sponsors/
operators. Even when consent is obtained, the FAA independently will
determine whether the proposed sponsor/operator is able to satisfy
Federal requirements for airport sponsorship or operation.
---------------------------------------------------------------------------
In seeking technical assistance, representatives of the existing
and/or proposed sponsors and operators must contact the appropriate
Regional Office or Airport District Office (ADO) as early in the
process as practicable. The Regional Office or ADO will inquire as to
whether the proposed change is disputed, and the FAA will not act upon
the proposed change until the dispute is resolved in accordance with
Section IV below. In the absence of a dispute or upon final resolution
of a dispute, the Regional Office or ADO will work with prospective
airport sponsors and operators to ensure understanding of and
compliance with the legal obligations associated with being an airport
sponsor or operator (including those under part 139 as well as the AIP
grant assurances and the PFC program requirements).
As soon as Regional Offices and ADOs become aware of a proposed
change in ownership, sponsorship, governance, or operations, they must
alert the FAA Office of Airport Compliance and Management Analysis,
which will advise the Office of Airport Safety and Standards and Office
of Airport Planning and Programming. The Office of Airport Compliance
and Management Analysis is responsible for approving all changes to an
airport's ownership, sponsorship, governance, or operations. The Office
of Airport Safety and Standards is responsible for administering 14 CFR
part 139. The Regional Airport Safety and Standards Offices are
responsible for approving changes to the part 139 Airport Certification
Program Handbook. The Office of Airport Planning and Programming also
plays a role in determining sponsor eligibility, and
[[Page 36145]]
administers the AIP and PFC programs, as well as several associated
programs and requirements.
IV. FAA Policy on Disputed Changes to Airport Sponsorship or Operations
The determination of whether to seek a new applicant for airport
sponsorship is a state or local decision. The FAA expects that all
disputes about whether to change airport sponsorship and/or operating
authority will be resolved through a legally-binding agreement between
the parties involved in the dispute or a final, non-reviewable legal
decision. While parties should seek technical assistance from the FAA
as early as practicable, parties are encouraged to wait until a dispute
has been resolved before submitting an application to the FAA seeking
the agency's approval of a change in sponsorship of, and/or operational
responsibility for, an airport. In matters in which a proposed change
is contested by a current sponsor or operator, the FAA will not act on
a part 139 application or a change of airport sponsorship and/or
operating authority until the dispute is definitively resolved to the
satisfaction of the FAA. Resolution may be demonstrated by issuance of
a final, non-reviewable judicial decision requiring such a change, by
the issuance of a consent letter between the existing airport sponsor
and/or operator and the proposed new sponsor and/or operator, or by
other legally definitive means deemed acceptable to the FAA.
The FAA will accept an application for a change in airport
sponsorship/operation only upon a legally definitive resolution of a
dispute. At that time, the FAA will evaluate whether an application is
complete and whether the proposed airport sponsor/operator is capable
of assuming all grant assurances, safety compliance, and other Federal
obligations, and has the expertise to operate the airport as required
by law.
V. Reimbursement of Airport Investments
In circumstances in which a change in sponsorship or operation of
an airport is approved and effectuated, the new airport sponsor and/or
operator should reimburse the prior sponsor for investments that have
been made by the prior sponsor of the airport but have not been fully
recouped at the time of the change in airport sponsorship. Any such
reimbursements must be consistent with the FAA's Policy and Procedures
Concerning the Use of Airport Revenue, 64 FR 7696 (Feb. 16, 1999).
Issued in Washington, DC, on May 25, 2016.
Eduardo A. Angeles,
Associate Administrator for Airports.
[FR Doc. 2016-13177 Filed 6-1-16; 11:15 am]
BILLING CODE 4910-13-P