Policy on the Temporary Closure of Airports for Nonaeronautical Purposes, 24438-24441 [2018-11466]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Proposed Rules]
[Pages 24438-24441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11466]



[[Page 24438]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Docket No. FAA-2018-0432]


Policy on the Temporary Closure of Airports for Nonaeronautical 
Purposes

AGENCY: Federal Aviation Administration (FAA).

ACTION: Proposed Policy; Request for Comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces a proposed update of the FAA policy 
regarding approval of the temporary closure of a federally obligated 
airport for a nonaeronautical purpose. Under Federal law, an airport 
operator that has accepted Federal grants is obligated to maintain the 
airport for public aviation use. In a limited exception to the general 
requirement, an airport operator may temporarily close the airport or 
part of the airport for a nonaeronautical event, if the FAA approves 
that closure in advance. The FAA proposes to adopt this policy 
statement to provide additional guidance to airport operators 
describing the process and criteria for evaluating airport closure 
requests, and the required contents of an airport operator's request 
for approval. The FAA is seeking comments on the proposed statement of 
policy.

DATES: Send your comments on or before July 30, 2018.

ADDRESSES: You may send comments identified by Docket Number FAA-2018-
0432 using any of the following methods:
    Federal eRulemaking Portal: Go to https://www.regulations.gov and 
follow the online instructions for sending your comments 
electronically.
    Mail: Send comments to Docket Operations, M-30; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building 
Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Bring comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday 
through Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at 202-493-2251.
    For more information, see the SUPPLEMENTARY INFORMATION section of 
this document.
    Privacy: In accordance with 5 U.S.C., 553(c), the Department of 
Transportation (DOT) solicits comments from the public on its proposed 
Policy on the Temporary Closure of Airports for Nonaeronautical 
Purposes. DOT posts these comments, without edit, including any 
personal information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS), which can 
be reviewed at www.dot.gov/privacy.
    Docket: To read background documents or comments received, go to 
https://www.regulations.gov and follow the online instructions for 
accessing the docket. Or, go to the Docket Management Facility in Room 
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, Manager, 
Airport Compliance Division, ACO-100, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile: (202) 267-4629.

AVAILABILITY OF DOCUMENTS: You can get an electronic copy of this 
Policy and all other documents in this docket using the internet by:
    (1) Searching the Federal eRulemaking portal (https://www.faa.gov/regulations/search);
    (2) Visiting FAA's Regulations and Policies web page at (https://www.faa.gov/regulations_policies; or
    (3) Accessing the Government Printing Office's web page at (https://www.gpoaccess.gov/).
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Airport Compliance and Management 
Analysis, 800 Independence Avenue SW, Washington, DC 20591, or by 
calling (202) 267-3085. Make sure to identify the docket number, notice 
number, or amendment number of this proceeding.

AUTHORITY FOR THE POLICY: This notice is published under the authority 
described in Title 49 of the United States Code, Subtitle VII, part B, 
chapter 471, section 47122(a).

SUPPLEMENTARY INFORMATION: 

I. Background

Airport Sponsor Obligations

    Airport sponsors that have accepted grants under the Airport 
Improvement Program (AIP) have agreed to comply with certain Federal 
policies included in each AIP 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., Sec.  47107(a)(1), and the 
contractual sponsor assurances require that the airport sponsor make 
the airport available for aviation use. Title 49 U.S.C., Sec.  
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 sponsors of federally obligated airports request 
temporary closure of a ramp, taxiway, runway or an entire airport for a 
nonaeronautical event, typically for a period of one to three days. Any 
such request must be approved by the FAA in advance before the event 
can take place. While the FAA offices generally applied a consistent 
set of criteria to the evaluation of requests for temporary closure, 
the agency has not provided uniform guidance for sponsors on the 
process to apply for a temporary closure. The FAA believes that a 
detailed description of the contents of an application for temporary 
closure of airport facilities, and a clear listing of the obligations 
of an airport sponsor before, during and after a closure, will benefit 
both to airport sponsors and to the FAA offices handling applications.
    Conducting an event on airport property is a complex undertaking. 
Whether the purpose is an aeronautical event (e.g., air show) or 
nonaeronautical event, and whether the event requires a full closure of 
the airport or simply a closure of a ramp or taxiway, the event will 
require detailed planning and preparation that should not be taken 
lightly. The airport sponsor's primary purpose is to operate a safe 
airport providing access to aviation community.
    The FAA affirms in this Notice that federally assisted airports 
should remain open for aviation use. Where an airport sponsor does 
request a temporary closure of airport facilities for a nonaeronautical 
event, this Notice describes the required contents of a request, and 
the criteria for FAA's approval.

[[Page 24439]]

Summary of Key Provisions

    The proposed policy statement provides a standard application 
process for approval of nonaeronautical events at a federally obligated 
airport, and a detailed explanation of the measures an airport sponsor 
will need to take in order to protect the airport and comply with the 
terms of the FAA grant agreements. In summary:
     As a first step, the airport sponsor should arrange a 
meeting with the local FAA office to discuss their plans for the event.
     Applications for temporary closure must be submitted to 
the FAA in writing in advance, with a complete explanation and 
justification for the event.
     The greater the degree of impact on aeronautical use, the 
greater the justification required for closure and the greater the need 
for mitigation of impacts on airport operations, facilities and 
resources.
     Mitigation measures to ensure safety and preservation of 
airport assets include:
    [cir] Timely notice to tenants and to itinerant operators through 
NOTAMs;
    [cir] Development of a `Safety Plan' to include notice to airport 
tenants and users, special markings, airport security, and provisions 
for crowd control and separation from operations;
    [cir] Filing of a Form 7460 when necessary to allow the FAA review 
of any temporary structures or other elements that may impact the 
National Airspace System (NAS);
    [cir] Receipt of fair market value compensation for use of airport 
facilities; and
    [cir] Restoration of all airport facilities to the condition prior 
to the event at the event proponent's expense.
     The FAA will review applications for justification, 
adequate safety mitigation, full reimbursement of airport expenses, and 
protection and restoration of airport facilities.

II. The Proposed Policy

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to adopt the following statement of policy on 
its statutory responsibility to review and approve or disapprove 
requests for temporary closure of federally obligated airport 
facilities for a nonaeronautical airport event.

Policy on the Temporary Closure of Airports for Nonaeronautical 
Purposes

    To implement the requirements of 49 U.S.C., Sec.  47107(a)(8) and 
AIP Grant Assurance 19, the FAA will use the following procedures and 
criteria to evaluate and approve requests for the temporary closure of 
a federally obligated airport for a nonaeronautical event.
    A. Policy. Airports should remain available for aviation use. Under 
certain circumstances, the FAA may approve temporary closure for 
nonaeronautical event purposes, such as car races/shows, county fairs, 
parades, car testing, model airplane events, running events and 
fireworks; however, the FAA will not approve a closure where impacts to 
safety and efficiency have not been mitigated and would result in a 
negative impact to civil aviation. In most cases, the impact to 
aviation, safety, security, liability, and other risks outweighs the 
financial and community goodwill returns promised to the airport for 
nonaeronautical activities. A proposed nonaeronautical use of an 
airport should not prevent the airport from realizing its economic 
potential nor diminish or hamper its existing or forecasted role in the 
system of airports.
    B. Mitigation measures. If a temporary closure of the airport is 
planned, the sponsor must ensure that adequate measures will be in 
place to:
    1. Make no permanent change in airport facilities as depicted on 
the Airport Layout Plan;
    2. Maintain the safety, efficiency, and utility of the airport 
consistent with the limited authority of the FAA to grant a temporary 
closure for a nonaeronautical event;
    3. Provide timely notice to tenants and itinerant aircraft 
operators of the planned event and the effect on the availability of 
airport facilities;
    4. Receive fair market value for all nonaeronautical use of airport 
property;
    5. Use of airport property for nonaeronautical activities at less 
than fair market value is limited to community use as defined in 
section VII.D of the Policy and Procedures Concerning the Use of 
Airport Revenue (Revenue Use Policy);
    6. Provide benefits to the airport that outweigh the temporary 
impact on aviation use;
    7. Ensure that airport revenue, personnel and equipment are not 
used to subsidize non-airport activities;
    8. Ensure compliance with operational safety, certification and 
security regulations, protection of airspace, and maintenance of the 
FAA design and safety standards during aircraft operations; and
    9. Ensure that the sponsor does not surrender its rights and powers 
at any time before, during, or after the event.
    C. Degree of impact on aeronautical use. The greater the effect on 
aeronautical use of the airport from a proposed closure, the greater 
the justification required for the temporary closure, and the more 
attention and detail required for mitigation of safety, efficiency and 
other impacts.
    1. Where an event would require that aircraft operations be 
suspended during the event, a proposal must identify why closure of the 
airport is necessary, and how the proposed nonaeronautical use 
justifies loss of the use of the airport for the duration of the event. 
The proposal must include a Safety Plan that describes how based and 
itinerant aircraft operators will be advised of the closure.
    2. Where an event would use aeronautical facilities but not require 
total suspension of aircraft operations, the Safety Plan must include 
measures to assure that the temporary changes in available facilities 
do not affect the safety of concurrent operations.
    3. In all cases, an application for temporary closure must identify 
measures for maintaining separation between public event areas and 
aircraft operating areas.
    4. Documentation must demonstrate that the event was coordinated 
with air carriers, Flight Standards District Office (FSDO), Air Traffic 
Control Tower (ATCT), aeronautical tenants and users serving the 
airport as applicable. Documentation must show that concerns have been 
properly addressed.
    5. Identify other airports in the area that could accommodate 
diverted traffic during the closure.
    6. Regional Airports Division (Region) or Airports District Office 
(ADO) should coordinate with the appropriate FAA regional Lines of 
Business. Most events trigger notification requirements as per the 
current version of FAA Order 7400.2, Procedures for Handling Airspace 
Matters, which requires internal coordination through the Obstruction 
Evaluation/Airport Airspace Analysis (OE/AAA) system. When events have 
been circulated through the OE/AAA, the non-rulemaking airports (NRA) 
case number should be included in the agency approval/disapproval 
letter.
    7. When the nonaeronautical event is at an airport with air carrier 
service, the sponsor must coordinate with the Transportation Security 
Administration.
    D. Airshows and aeronautical events. While 49 U.S.C., Sec.  
47107(a)(8) and Grant Assurance 19 do not require Office of Airports 
approval of the temporary closure of an airport for aeronautical events 
in the processes of issuing an airshow waiver Flight Standards Service 
(AFS) will describe the safety conditions for the FAA's approval of the 
event. However, the AFS waiver relates

[[Page 24440]]

to aircraft operations and the separation between aircraft operations 
and the viewing public. AFS will coordinate the ground operations plan 
with Regions and ADOs as appropriate. Events that are primarily 
nonaeronautical with an air show or other aeronautical event as an 
incidental activity should be reviewed by the Region or ADO.
    E. Maintaining safety
    1. For a proposed closure of the airport to operations or a closure 
of any part of the airfield movement area or proposed obstructions to 
movement area associated safety clearances, the sponsor must prepare a 
Safety Plan to include at least the following items:
    a. Special markings for the event, and removal and restoration of 
markings after the event.
    b. Notice to tenants and airmen, including appropriate NOTAMs.
    c. Inspection and repair of any damage to airport property.
    d. Reporting and marking of any structures affecting protected 
zones or surfaces.
    e. Safe separation between aircraft operations and the public. 
These may include: special taxi routes, access to terminal gates, crowd 
control, vehicular routes, staging areas, and others.
    f. Sponsor's determination and analysis that there is no adverse 
effect on the airport's approved security plan.
    g. Where necessary to maintain the safety, security and efficiency 
of airport operations, Regions or ADOs should use applicable elements 
from the AC 150/5370-2, Operational Safety on Airports During 
Construction.
    2. The airport sponsor must provide timely advance notice of the 
nonaeronautical event to pilots and airport tenants, and to the ATC 
tower if applicable. The sponsor must issue appropriate NOTAMs to 
advise itinerant pilots of any limited availability of the airport 
during the event. The sponsor must provide advance notice to airport 
businesses and other tenants of any effect on use of airport property 
during the event.
    3. Filing of a Form 7460 may be necessary to obtain FAA review of 
any temporary structures on the airport and use of airport property. 
The Form 7460 can be filed prior to or with the application for 
approval of closure, but must be filed no later than 120 days prior to 
the event to allow time for the FAA to review, comment and response 
from proponent.
    F. Ensuring That the Event Sponsor Bears the Costs of the Event
    1. The airport must recover fair market value (FMV) payment for the 
nonaeronautical use of airport property to the extent required by the 
Revenue Use Policy.
    2. The airport sponsor must receive full compensation for the time 
of airport personnel and the use of airport resources for the event 
(e.g. police/airport operations overtime pay), but not necessarily 
staff time for review of the event.
    3. Airport funds and resources may not be used to subsidize the 
event, except insofar as the event will be staged by the airport 
sponsor itself. Use of airport property for a nonaeronautical purpose 
at below fair market value payment is considered a subsidy.
    4. The airport sponsor's agreement with the event promoter should 
contain the event promoter's binding written agreement to indemnify and 
hold harmless the airport sponsor for any damages, liabilities or 
judgments against the airport sponsor relating to the use of the 
airport for the event.
    G. Protection of Airport Property and Resources
    1. The airport sponsor should assess the condition of airfield 
facilities and airport property in the event areas before the event, 
and have the event proponent acknowledge that condition in writing.
    2. The airport sponsor's agreement with the event sponsor must 
include the event proponent's binding written agreement to restore 
airport property to its pre-event condition and repair all damage to 
airport facilities resulting from the event. All repairs and 
restoration of property must be completed at the expense of the event 
proponent in a timely manner and in conformance with FAA standards.
    3. The event areas should be re-inspected following the event to 
assure that they have been restored to the preexisting condition.

III. Application for Temporary Airport Closure

    To apply for temporary airport closure for a nonaeronautical 
purpose, an airport sponsor must submit a proposal to the Region or ADO 
for analysis and approval. In Block Grant states the proposal may be 
submitted to the State Block Grant Agency with a copy to the Region or 
ADO. The airport sponsor must submit sufficient information and 
assurances to indicate that each requirement has been or will be 
satisfied.

Contents of Sponsor Request for Temporary Closure for a Nonaeronautical 
Event

    The airport sponsor requesting a temporary airport closure must 
submit the information below to the Region and or ADO or State Block 
Grant Agency to request approval of the temporary closure:
    1. The dates of the proposed closure periods including any 
necessary set up and take down period. Identify whether this is an 
annual or one-time event.
    2. An estimation of the number of operations (commercial, general 
aviation, military) to be impacted and how this number was determined.
    3. An event map depicting:
    a. Where and how the airport property will be used for the 
nonaeronautical activity (e.g., spectator areas, parking areas, staging 
areas, fueling, concession areas).
    b. Areas used for the event that have been developed or improved 
with Federal funds (identify the grant number and anticipated impact to 
the Federal investment).
    c. Impacted Navigational Aids (NAVAIDs).
    d. Location and description of elements \1\ that may affect the 
NAS.
---------------------------------------------------------------------------

    \1\ E.g. pyrotechnics; electromagnetic radiation; radio 
frequency proposals; line-of sight obscurations/glare for the 
traffic pattern, Air Traffic Control Tower, intersecting runways or 
other airport environment areas needed for the safe and efficient 
use for the airport; etc.
---------------------------------------------------------------------------

    e. Structures or other elements that may require a form 7460 
application.
    4. Procedures and equipment to delineate closed areas (e.g., X on 
runways, fencing, gates, barricades, etc.).
    5. A Safety Plan.
    6. If applicable, a description of the mutual aid fire and rescue 
agreements and whether there needs to be a presence of mutual aid 
safety services during the event.
    7. Plan to assess the airport property prior to re-opening for 
aeronautical uses to identify and fix:
    a. Damage.
    b. Temporary markings HAZMAT issues (if applicable).
    c. Conduct Foreign Object Debris (FOD) sweep.
    8. Identification of the party who will be responsible for funding 
any repairs and a timeframe within which the repairs will be made.
    9. Indicate impacts to NAVAIDs and procedures for taking these out 
and in service.
    10. Draft of the NOTAM(s) to be issued for the event.
    11. Certification of Notification to Stakeholders--at a minimum the 
following entities must be notified of the event and provided an 
opportunity to give feedback. The sponsor should address concerns from 
stakeholders and include comments and responses in the proposal, 
including mitigation where

[[Page 24441]]

applicable. Provide a list of those notified, the concerns raised and 
the mitigations made to address the concerns:
    a. Tenants, FBOs, airlines, and local users (e.g., DOD, etc.).
    b. Air traffic control tower.
    c. Local aviation organizations.
    d. Airport security and local law enforcement agencies.
    e. Flight Standards District Office.
    12. An explanation of how the event benefits the airport and is 
compliant with the FAA Policy on Revenue Use.
    a. For an event proposed by a commercial/for-profit party:
    i. Financial benefits must be equal to at least the fair market 
value of the subject property use.
    ii. In-kind services or benefits must be equivalent to FMV 
compensation.
    iii. Airport revenue cannot be used toward conducting the event 
(e.g., use of airport staff must be reimbursed, equipment rental, 
advertisement of the event cannot be funded in part or whole by the 
airport).
    iv. The event should also generate intangible benefits for the 
airport such as community goodwill and community interest.
    b. For an event organized by a non-profit/charitable organization 
or by the airport sponsor itself on its own behalf. In all non-profit 
nonaeronautical cases there needs to be a benefit to the airport that 
clearly outweighs the loss or displacement of aeronautical activities. 
Examples of benefits to the airport may include:
    i. Advertising for the airport included in the event advertising at 
no cost to the airport.
    ii. A percentage of ticket sales paid to the airport.
    iii. Intangible benefits (e.g., community goodwill, increasing 
local awareness of the airport, encouraging local and community support 
of the airport, generating an interest in airport use).
    c. For events proposed by a party other than the airport sponsor, 
the event proponent should assume the costs of the event, e.g., 
equipment rental, advertisement of the event, staffing, and restoration 
of facilities to pre-event conditions.
    13. Approval of the closure of airport facilities for a 
nonaeronautical event is a Federal action that requires environmental 
review.

    Issued in Washington, DC, on May 23, 2018.
Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2018-11466 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-13-P