Notice of Final Policy and Procedures on the Temporary Closure of Airports for Nonaeronautical Purposes, 30640-30645 [2023-09983]
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Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
[FR Doc. 2023–10187 Filed 5–11–23; 8:45 am]
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
Paragraph 5000
Class D Airspace.
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14 CFR Chapter I
[FAA–2018–0432]
Notice of Final Policy and Procedures
on the Temporary Closure of Airports
for Nonaeronautical Purposes
*
ASO SC D Beaufort, SC [Amended]
Beaufort MCAS/Merritt Field, SC
(Lat. 32°28′50″ N, long. 80°43′09″ W)
Beaufort Executive Airport
(Lat. 32°24′44″ N, long. 80°38′04″ W)
That airspace extending upward from the
surface to and including 2,500 feet MSL
within a 5.6-mile radius of Beaufort MCAS/
Merritt Field, excluding that airspace within
a 1-mile radius of the Beaufort Executive
Airport. This Class D airspace area is
effective during the specific dates and times
established in advance by a Notice to Air
Missions. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6002
Class E Surface Airspace.
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*
*
*
*
ASO SC E2 Beaufort, SC [Amended]
Beaufort MCAS/Merritt Field, SC
(Lat. 32°28′50″ N, long. 80°43′09″ W)
Beaufort Executive Airport
(Lat. 32°24′44″ N, long. 80°38′04″ W)
That airspace extending upward from the
surface within a 5.6-mile radius of Beaufort
MCAS/Merritt Field, excluding that airspace
within a 1-mile radius of the Beaufort
Executive Airport. This Class E airspace area
is effective during the specific dates and
times established in advance by a Notice to
Air Missions. The effective date and time
will thereafter be continuously published in
the Chart Supplement.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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BILLING CODE 4910–13–P
[Amended]
■
*
Issued in College Park, Georgia, on May 2,
2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North,
Eastern Service Center, Air Traffic
Organization.
*
*
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*
ASO SC E5 Beaufort, SC [Amended]
Beaufort MCAS/Merritt Field, SC
(Lat. 32°28′50″ N, long. 80°43′09″ W)
Beaufort Executive Airport
(Lat. 32°24′44″ N, long. 80°38′04″ W)
That airspace extending upward from 700
feet above the surface within a 7-mile radius
of Beaufort MCAS/Merritt Field and a 6.5mile radius of Beaufort Executive Airport.
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Federal Aviation
Administration (FAA), DOT.
AGENCY:
ACTION:
Policy statement.
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.
SUMMARY:
DATES:
Effective June 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Lorraine Herson-Jones, (202) 267–3085;
Lorraine.herson-jones@faa.gov.
SUPPLEMENTARY INFORMATION:
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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 facilities, and a clear listing of
the obligations of an airport sponsor
before, during and after a closure, will
benefit both the airport sponsors and the
FAA offices handling these requests.
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 responsibility is to
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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 the FAA’s
approval.
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Summary of Key Provisions
The policy statement provides a
standard request 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:
• The airport sponsor should meet
with the local FAA office no later than
120 days before the event to discuss
their plans and develop a timetable for
FAA review and approval.
• The airport sponsor must file Form
7460 Notice of Proposed Construction or
Alteration at least 90 days before the
event.
• The airport sponsor should submit
at least 60 days in advance a written
request for temporary closure to the
FAA that addresses justification, the
benefit to civil aviation, timetable, map,
safety, communications with airport
users, environmental review, and
financial issues for review and approval.
• The airport sponsor must follow the
Process for Notification of Airport Users
including Notice to Air Missions
(NOTAM).
II. Discussion of Public Comments
The FAA received public comments
on the proposed policy from National
Business Aviation Association, National
Air Transportation Associations
(NATA), San Carlos Airport & Pilots
Association, the California Pilots
Association, Georgia Department of
Transportation, City of Manassas
Airport Department, Manassas, Virginia
and airport operators and airport users.
In general, most commenters support
the FAA’s proposed policy regarding
approval of the temporary closure of a
federally obligated airport for a
nonaeronautical purpose; however, one
commenter objected to any approval of
closing an entire airport for
nonaeronautical events.
1. Burden of the Overall Approval
Process
Manassas Regional Airport
representative indicated that the entire
application process for ‘‘Temporary
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Airport Closure’’ seems very
cumbersome. While some airports may
become familiar with the process,
smaller airport may have difficulty
completing the process, which may
ultimately dissuade them from hosting
events. The commenter also inquired
about the possibility of using a
temporary event permit process rather
than an agreement with the event
promoter.
The Final Policy: The primary
purpose of this policy is to outline a
more defined process that sponsors can
follow to comply with the law, 49
U.S.C. 47107(a)(8) requiring the
Secretary of Transportation (delegated
to the FAA) to approve the closure of an
airport for nonaeronautical event. In
implementing the requirements of this
statute, the FAA has several objectives:
first, the airport sponsor will continue
to operate the airport safely. The airport
sponsor has a plan identifying the
necessary labor and resources to ensure
that this objective is met. Second, the
airport sponsor has taken the necessary
steps to notify the airport users
including air carriers, fixed base
operators, and tenants of the impending
event and, when possible, take steps to
alleviate the impact of the event on
airport users. Fixed base operators and
tenants rely on uninterrupted airport
access to conduct business and earn a
livelihood. When airport access is
denied or restricted, it can have a
detrimental impact on airport users.
Third, that the Federal investment in
the airport is protected. The Federal
Government invests over $3.8 billion
annually to maintain the Nation’s
airports and ensure that these assets are
available for the purpose for which they
were designed.
Regarding the suggestion of a permit
versus a written agreement, the airport
sponsor is responsible for licensing and
procurement. Whether it is a permit or
agreement, the document between a
sponsor and the event promoter must
assign responsibility for essential tasks,
ensure safety, and contain
indemnification and hold harmless
provisions to protect the sponsor for
damages, liabilities, and judgments. The
document must protect the airport from
damage and ensure that the airport be
repaired or restored at the promoter’s
cost.
2. Clarification of the Term ‘‘Federally
Obligated Airports’’
National Business Aviation
Association recommends the FAA
clarify the term ‘‘federally obligated’’
airports, to identify the sources of an
airport sponsors Federal obligations.
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The Final Policy: FAA Order 5190.6B,
Airport Compliance Manual, September
30, 2009 indicates that a sponsor’s
Federal obligations can include: (a)
Grant agreements issued under the FAA
administered airport development grant
programs including the Airport
Improvement Program (AIP) under 49
U.S.C. 47101, et seq.; (b) Instruments of
surplus property transfer issued under
the provisions of section 13(g) of the
Surplus Property Act of 1944, as
amended 49 U.S.C. 47151–47153; (c)
Instruments of nonsurplus conveyance
issued under section 16 of the 1946
Airport Act, as amended; under section
23 of the 1970 Airport Act, as amended;
or under section 516 of the AAIA, as
amended following recodification as 49
U.S.C. 47125.
3. Authority To Approve the Closure of
an Entire Airport
National Business Aviation
Association stated that the FAA ‘‘cannot
allow closure of an entire airport’’. The
FAA can only allow a partial closure for
nonaeronautical purpose.
The Final Policy: Although closures of
entire airports for nonaeronautical
purposes should be rare and allowed
only when there is a benefit to civil
aviation, Congress clearly anticipated
the possibility of requests for airport
closures. 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].’’ Further, FAA Order
5190.6B, Section 7.21(b)(1) states: ‘‘An
airport developed or improved with
federal funds may not be closed to use
the airport facilities for special outdoor
events, such as sports car races, county
fairs, parades, car testing, model
airplane events, etc., without FAA
approval.’’ Closures of any portion of an
airport for nonaeronautical purposes
must receive FAA approval. Impacts to
aviation need to be thoroughly assessed
and considered. Therefore, closing the
only runway at an airport should be
avoided, if possible.
4. The Need for an Emergency Response
Plan
National Air Transportation
Association recommends the FAA
require an emergency response plan
(beyond the safety plan), scalable to the
event and activities planned. This plan
should include incident command
structure, responsible agencies,
emergency contacts, and mutual aid and
evacuation routes.
The Final Policy: The airport operator
is responsible for care, control, and
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protection of property and people on an
airport. Whether it is a small general
aviation airport or a major air carrier
airport. The services can range from a
dedicated on-airport fire department or
first responder services in the
community that respond to accidents at
the airport. Best management practices
dictate that support services are engaged
and participate in the planning of the
event. Each airport should already have
emergency procedures for handling
incidents and accidents at the airport.
The FAA encourages airport sponsors to
conduct emergency response planning
and develop a plan based upon their
needs and scope of the event. An
‘‘emergency plan’’ requiring an incident
command structure is too prescriptive;
local officials are in the best position to
decide the resources required.
Construction or Alteration must be filed
and a Notice to Air Missions must be
issued. The event constitutes a Federal
Action; therefore, the FAA will review
the airport manager’s environmental
submission and provide an approval.
FAA examines a temporary closure
request on a case-by-case basis.
FAA acknowledges single proposal
submission for recurring events repeat
are typically easier to review and less of
an administrative burden for promoters.
The FAA will leave this decision to the
discretion of the local FAA office for
nonaeronautical events that do not
require closure of aircraft movement
(e.g., promotes uninterrupted
aeronautical use of airports and airport
facilities). For situations involving a
closure of aircraft movement areas, each
event will be treated as a new event.
5. Schedule of Submissions
National Air Transportation
Association recommends the FAA adopt
a schedule of submission setting a
deadline for submitting documents for
approval—similar to the 120-day period
required for construction events on the
airport by FAA Form 7460—Notice of
Alteration and Construction. NATA also
suggests that the application for an
event follow a prescribed timetable with
FAA approval due dates.
Manassas Regional Airport
representative suggested a 90-Day
review period in lieu of 100-Days.
Manassas Regional Airport
representative mentioned that there is a
clear lead-time for a 7460 form, there is
no mention of a lead-time for submitting
a proposal to the Region or ADO.
Manassas Regional Airport
representative requested that the FAA
consider allowing a single proposal
submission for recurring events, rather
than requiring a new application every
year.
The Final Policy: Regarding the
schedule for submission, as a first step
in planning a public event at an airport,
the airport operator should meet with
the local FAA Airports District Manager
or Regional Office (RO) as soon as
possible. An initial meeting should
occur at least 120 days before the
planned event. Airport managers know
that the closure of the airport, a runway
or aircraft movement area will result in
an impact to airport users. The Airport
manager’s objectives must be, first,
determine if it is possible to conduct the
event safely with the minimum
disruption to the airport users. Second,
identify what steps the airport can take
to ensure minimum disruption and
impact to airport users. Airport
managers know that in certain cases
FAA Form 7460, Notice of Proposed
6. Potential Impacts on Aviation
San Carlos Airport Pilots and
California Pilots Association (Pilots
Association) believes the airports
should remain available for aviation
purposes. A ‘‘proposed nonaeronautical
use of an airport should not prevent the
airport from realizing its economic
potential. The Pilots Association also
urges FAA to consider the collective
impact of multiple short closures on
airport operations. The Pilots
Association recommends better
coordination between the airport
sponsor and aeronautical tenants and
users; tenants and users should have an
opportunity to give feedback on
potential closures. The Pilots
Association asks that FAA require
certification of notifications to
stakeholders of the event and provide an
opportunity to give feedback. The Pilots
Association also recommends the
airport sponsor should post all airport
funds and resources used to subsidize
the event and any physical damages or
personnel injuries the direct result of
the event.
The Final Policy: FAA’s Policy and
Procedures Concerning the Use of
Airport Revenue (64 FR 7704) February
16, 1999 permits the use of airport
property for public recreational
purposes and addresses the use of
airport funds to support community
activities and for participation in
community events. The expenditures
are directly and substantially related to
the operation of the airport. The airport
sponsor may consider the ‘‘directly and
substantially related to air
transportation’’ standard to be met if the
contribution has the intangible benefit
of enhancing the airport’s acceptance in
local communities impacted by the
airport. The use of airport property and
the expenditure of airport revenue for a
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nonaeronautical event must be
performed in accordance with an airport
sponsor’s grant assurance obligations.
Airport revenue cannot be used toward
conducting the event (e.g., use of airport
staff must be reimbursed, equipment
rental, and advertisement of the event
cannot be funded in part or whole by
the airport). The FAA acknowledges the
airport sponsor should keep records of
any inspection and repair costs,
resulting from a nonaeronautical event.
While the FAA will not require an
airport sponsor to post event
expenditures, this information is an
integral part of an airport sponsor’s
request and should be publicly
available.
Regarding the impact of multiple
short closures on airport operations, the
Federal government makes a capital
investment in a local airport to address
the needs of aeronautical users and
improve the airport’s access to the
National Airport System. An airport
sponsor’s justification for capital
improvements does not include
justifying the need for facilities to
support auto races, fun runs or other
nonaeronautical events. These events
are treated as rare occurrences or as
incidental events. When federally
funded assets intended to support
access to the National Airport System
are regularly used for nonaeronautical
events, it raises questions about the
need for a Federal investment in the
airport.
Regarding the suggestion that the FAA
require certification of notifications to
stakeholders of the event and provide an
opportunity to give feedback, the FAA
recognizes airport sponsors are in the
best position to understand airport
users’ specific needs for airport access
and generally act in the airport’s best
interest. The FAA expects airport
sponsors to work with airport users to
minimize the impact on airport users.
The FAA encourages more intensive
outreach to ensure safety and efficiency
during the review process. The policy
currently provides a baseline
requirement to notify tenants and users.
Airport users have redress through the
Part 13 informal complaint process or
the formal Part 16 complaint.
7. Block Grant States Procedures
Georgia Department of Transportation
recommends that sponsors in Block
Grant states coordinate with the Block
Grant Agency by submitting an
application in writing, in advance, and
provide a schedule for various steps in
the application process.
The Final Policy: Airport sponsors in
Block Grant states should submit
Temporary Closure requests to Block
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Grant State agencies who will work with
the FAA to complete the review.
8. Pilot Input
Theodore Gablin asked for a method
for pilots to object to the request to
perform nonaeronautical activities and
suggested penalties for a sponsor that
fails to comply with the policy.
The Final Policy: FAA Policy requires
airport sponsors to consult with airport
users and tenants regarding planned
nonaeronautical events that may result
in airport closures or a restriction on
airport operations. The FAA expects
that airport sponsors will work with
airport users to resolve differences and
develop a plan to minimize impacts to
airport users. Airport users have redress
to the FAA through the Part 13 informal
complaint process or the formal Part 16
complaint.
9. Clarification on Obtaining Fair
Market Value
Manassas Regional Airport
representative asked for clarity on how
airports obtain fair market value for
runways and taxiways.
The Final Policy: Airport operators
can obtain comparable land rental
values from on-airport ground lease
rates for nonaeronautical use, adjacent
airport land or information rental rates
from local commercial realtors or the
city’s community economic
development agency.
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10. Suggested New 7460 Forms
Manassas Regional Airport
representative suggested that Form 7460
include temporary closures for
nonaeronautical activities and create a
separate form to prevent confusion
among crane/construction companies
and event sponsors.
The Final Policy: The FAA believes
that Form 7460 is adequate for
identifying obstructions connected with
nonaeronautical activities on an airport.
The FAA cannot create a separate notice
for cranes. FAA Form 7460 is required
by regulation to evaluate the effect of
proposed construction or alteration on
air navigation. Notice is required by 14
Code of Federal Regulations, part 77
pursuant to 49 U.S.C. 44718. The FAA
Form 6000–26 (08/13) Airport Sponsor
Strategic Event Submission is used by
airport sponsors to notify the FAA of
projects or events, which will result in
runway or taxiway closures, or
navigational aid outages etc. This form
should be submitted 60 days prior to the
event to the FAA Air Traffic
Organization (ATO).
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11. Proof of Nonprofit Status
Manassas Regional Airport
representative suggested that airport
sponsors should require nonprofit
charitable organizations submit proof of
their status.
The Final Policy: The FAA agrees that
the airport sponsor’s examination of a
promoter’s nonprofit status is good
business practice.
12. Addressing Nonaeronautical Events
That Occur Along With Aeronautical
Events
Manassas Regional Airport
representative asked that the FAA
consider addressing temporary closures
of airports for nonaeronautical purposes
associated with aeronautical events
(example: closing down a taxi lane for
vehicle parking for an airshow). Basic
guidelines for temporary closures for
aeronautical purposes are described in
FAA Order 5190.6B, Section 7.21(b)(2).
The Final Policy: FAA Order 5190.6B,
paragraph 7.21 Temporary Closing an
Airport for Special Event discusses both
aeronautical and nonaeronautical
events. Aeronautical events can include
air shows, fly-ins, and aviation
conventions. These events are normally
used to promote some aspects of
aviation. Airport funds can be used to
support community activities if the
expenditures are ‘‘directly and
substantially related to air
transportation’’ standard to be met if the
contribution has intangible benefit of
enhancing the airport’s acceptance in
local communities impacted by the
airport. Expenditures that are directly
and substantially related to the
operation of the airport qualify
inherently as operating costs of the
airport. The FAA’s Policy Concerning
the Use of Airport Revenue (Revenue
Use Policy) (64 FR 7704) February 16,
1999. Nonaeronautical events, such as
auto races, carnivals, fun runs, are
events that could be conducted offairport and are not promoting aviation.
Air Shows require a certificate of waiver
authorization from the FAA Flight
Standards. The FAA considers the event
aeronautical if the majority of activities
are aeronautical and promote aviation.
However, if the majority of the events
are nonaeronautical, this policy applies.
Airport sponsors should consult the
Revenue Use Policy and FAA Order
5190.6B, paragraph 17.14 Property for
Community Purpose and paragraph
17.15, Exception for Community Use.
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III. Policy on the Temporary Closure of
Airports for Nonaeronautical Purposes
A. Introduction
The FAA believes that the primary
purpose of public airports is to serve
aeronautical users and therefore,
airports should remain open and
available for aviation use. However,
under certain circumstances, an airport
sponsor may request the FAA’s approval
of temporary closures for
nonaeronautical activities or purposes,
such as car shows, county fairs, parades,
model airplane events, running events
and fireworks. The FAA will not
approve a closure if it would result in
a negative impact to civil aviation.
In most cases, the impact to aviation,
safety, security, liability, and other risks
will outweigh the financial and
community goodwill benefits promised
to the airport for nonaeronautical
activities. Closures of entire airports or
closures of the only runway at an airport
should be highly scrutinized, and only
allowed when there is a net benefit to
the airport. A nonaeronautical use of an
airport should not prevent the airport
from realizing its economic potential
nor diminish its role in the system of
airports.
Moreover, airport sponsors must not
allow any nonaeronautical activity that
will damage or impact the useful life of
airport pavements, signs, markings,
lighting or other infrastructure. Under
Grant Assurance 11, airport sponsors are
required to implement a pavement
preventative maintenance program to
ensure the useful life of the pavement is
protected. As a result, car racing events
should not be approved on recently
rehabilitated (resurfaced or
reconstructed) pavements. Moreover,
airports are generally unsuitable
locations for high velocity auto events,
such as drag racing, and are likely to
require additional liability insurance
and crowd protection. These high-risk
events should be highly scrutinized by
both the sponsor and the ADO or region.
This policy provides procedures for
airport sponsors who choose to submit
a request for such closures and
establishes benchmarks for safety for a
nonaeronautical event.
B. Request for Temporary Airport
Closure
To request a temporary airport closure
for a nonaeronautical event, an airport
sponsor must meet with the FAA at
least 120 days to discuss their plans and
develop a timetable for FAA review and
approval. Within 60 days of the event,
the airport sponsor must submit a
written request for the even that
includes the information outlined
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below. In Block Grant states, the airport
sponsor must submit the request to the
State Block Grant Agency with a copy
to the FAA Regional Airports Office or
Airport District Office (ADO). The
airport sponsor must provide sufficient
information and assurances to indicate
that each requirement has been or will
be satisfied. The written request must
address:
1. Impact on aeronautical activities.
An estimate of the number of impacted
aircraft operations (scheduled services,
commercial, general aviation, military)
and how this number was determined.
2. Justification. A written statement
describing the nonaeronautical event
and a justification for the event at the
airport. If 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 statement
should address alternative off-airport
locations considered, and why these
locations are not viable. The
justification must also clearly identify
the net benefit of the event to civil
aviation.
3. Timing. The dates of the proposed
closure periods including set up and
take down period. Identify whether this
is an annual or one-time event.
4. Map. A map depicting:
a. Location of nonaeronautical activity
on airport (e.g., spectator areas, parking
areas, staging areas, fueling, concession
areas, closed areas),
b. Areas to be used for the
nonaeronautical activity 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 that may affect the National
Airspace System (NAS), and
e. Structures or other elements that
may require a form 7460 application.
5. Communications. The request must
document the airports sponsor’s
communications with airport users to
discuss the details of the event, and
address concerns and mitigate the
impact of the event on users to the
extent possible. The following contacts
should be notified:
a. Tenants, fixed base operators
(FBO), airlines, and local users,
b. Air traffic control tower,
c. Local aviation organizations,
d. Airport security and local law
enforcement agencies, and
e. FAA Flight Standards District
Office.
VerDate Sep<11>2014
15:45 May 11, 2023
Jkt 259001
6. Safety. 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, in
coordination with local or state public
safety officials, 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 pilots,
including appropriate NOTAMs and
other methods.
c. Reporting and marking of any
structures affecting protected zones or
surfaces.
e. 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.
d. Safe separation between aircraft
operations and the public. These may
include: special taxi routes, restricted
access to terminal gates, crowd control,
designated vehicular routes, staging
areas, and structural barriers to protect
the viewing public. The Sponsor and
the event promoter are responsible for
the safety of attendees; Sponsor will
ensure that the event promoter provides
sufficient barricades to ensure the
public is protected.
e. Sponsor’s determination and
analysis that there is no adverse effect
on the airport’s approved security plan.
f. Where necessary to maintain the
safety, security and efficiency of airport
operations, Regions or ADOs should use
applicable elements from the FAA
Advisory Circular 150/5370–2,
Operational Safety on Airports during
Construction.
g. The airport sponsor must provide
timely advance notice of the
nonaeronautical event to pilots and
airport tenants, and to the Air Traffic
Control (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. The sponsor should provide
a Draft of the NOTAM(s) to be issued for
the event.
h. Filing of a Form 7460 may be
necessary to obtain the 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
request for approval of closure, but must
be filed no later than 90 days prior to
the event to allow time for the FAA to
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
review, comment and response from
proponent.
i. Post-event inspection and repair of
any damage to airport property to assess
the airport property prior to re-opening
for aeronautical uses to identify and fix:
1. Damage to pavements, lighting,
signs, markings and other airport
infrastructure.
2. Temporary markings HAZMAT
issues (if applicable).
3. Conduct Foreign Object Debris
(FOD) sweep.
4. Identification of the party who will
be responsible for funding any repairs
and a timeframe within which the
repairs will be made.
5. Indicate impacts to NAVAIDs and
procedures for taking these out and in
service.
6. Procedures and equipment to
delineate closed areas (e.g., X on
runways, fencing, gates, barricades).
7. Financial. 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. Therefore, the airport
sponsor must document how the airport
will be compensated for the use of the
airport for nonaeronautical events. 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. 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. The
sponsor should understand the
following:
a. 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.
b. 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.
c. 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
E:\FR\FM\12MYR1.SGM
12MYR1
Federal Register / Vol. 88, No. 92 / Friday, May 12, 2023 / Rules and Regulations
the airport sponsor relating to the use of
the airport for the event.
d. For an event proposed by a
commercial/for-profit party:
1. Financial benefits must be equal to
at least the fair market value of the
subject property use.
2. In-kind services or benefits must be
equivalent to FMV compensation.
3. 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).
4. The event should also generate
intangible benefits for the airport such
as community goodwill and community
interest.
e. For an event organized by a nonprofit/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:
1. Advertising for the airport included
in the event advertising at no cost to the
airport.
2. A percentage of ticket sales paid to
the airport.
3. 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).
lotter on DSK11XQN23PROD with RULES1
IV. Airshows and Aeronautical Events
While 49 U.S.C. 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
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.
V. Environmental Analysis
Requirement
Approval of the closure of airport
facilities for a nonaeronautical event is
a Federal action that requires
environmental review, under the
National Environmental Policy Act
(NEPA). The level of review will vary
depending on the nature of the
proposed event and should be
VerDate Sep<11>2014
15:45 May 11, 2023
Jkt 259001
coordinated with the RO/ADO for
review and approval.
Issued in Washington, DC.
Kevin C. Willis,
Director, Office of Airport Compliance and
Management Analysis.
[FR Doc. 2023–09983 Filed 5–11–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0168]
RIN 1625–AA08
Special Local Regulation; Bush River
and Otter Point Creek; Between
Perryman, MD and Edgewood, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for certain waters of the Bush
River and Otter Point Creek, in
Maryland. This action is necessary to
provide for the safety of life on these
navigable waters located at Edgewood,
MD during a high-speed power boat race
on May 13, 2023 and May 14, 2023. This
regulation prohibits persons and vessels
(other than those already at berth at the
time the regulation takes effect) from
being in the regulated area unless
authorized by the Captain of the Port,
Sector Maryland-National Capital
Region (COTP), or a designated
representative.
DATES: This rule is effective from 9 a.m.
on May 13, 2023, through 7 p.m. on May
14, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0168 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email MST2 Courtney Perry, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–576–2596, email
MDNCRWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
30645
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 11, 2022, the Kent
Narrows Racing Association (KNRA)
notified the Coast Guard that it will be
conducting the Harford County Spring
Nationals Inboard Hydroplane Race on
May 13, 2023 and May 14, 2023 from 9
a.m. to 7 p.m. on both days. The highspeed power boat racing event consists
of approximately 60 participating racing
boats—including composite and wood
hull inboard hydroplanes—12 to 28 feet
in length. In response, on March 23,
2023, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Special Local Regulation; Bush
River and Otter Point Creek; Between
Perryman, MD and Edgewood, MD (88
FR 17467). There, we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to the high-speed power boat
race. During the comment period that
ended April 24, 2023, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the high-speed power
boat race scheduled to take place on
May 13, 2023 and May 14, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port, Sector MarylandNational Capital Region (COTP) has
determined that potential hazards
associated with the power boat races
would be a safety concern for anyone
intending to participate in this event
and for vessels that operate within the
specified waters of the Bush River and
Otter Point Creek. The purpose of this
rule is to protect event participants,
non-participants, and transiting vessels
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
March 23, 2023. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a regulated area
from 9 a.m. on May 13, 2023 through 7
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Rules and Regulations]
[Pages 30640-30645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09983]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Chapter I
[FAA-2018-0432]
Notice of Final Policy and Procedures on the Temporary Closure of
Airports for Nonaeronautical Purposes
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;
[email protected].
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
facilities, and a clear listing of the obligations of an airport
sponsor before, during and after a closure, will benefit both the
airport sponsors and the FAA offices handling these requests.
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 responsibility is to
[[Page 30641]]
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 the FAA's approval.
Summary of Key Provisions
The policy statement provides a standard request 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:
The airport sponsor should meet with the local FAA office
no later than 120 days before the event to discuss their plans and
develop a timetable for FAA review and approval.
The airport sponsor must file Form 7460 Notice of Proposed
Construction or Alteration at least 90 days before the event.
The airport sponsor should submit at least 60 days in
advance a written request for temporary closure to the FAA that
addresses justification, the benefit to civil aviation, timetable, map,
safety, communications with airport users, environmental review, and
financial issues for review and approval.
The airport sponsor must follow the Process for
Notification of Airport Users including Notice to Air Missions (NOTAM).
II. Discussion of Public Comments
The FAA received public comments on the proposed policy from
National Business Aviation Association, National Air Transportation
Associations (NATA), San Carlos Airport & Pilots Association, the
California Pilots Association, Georgia Department of Transportation,
City of Manassas Airport Department, Manassas, Virginia and airport
operators and airport users. In general, most commenters support the
FAA's proposed policy regarding approval of the temporary closure of a
federally obligated airport for a nonaeronautical purpose; however, one
commenter objected to any approval of closing an entire airport for
nonaeronautical events.
1. Burden of the Overall Approval Process
Manassas Regional Airport representative indicated that the entire
application process for ``Temporary Airport Closure'' seems very
cumbersome. While some airports may become familiar with the process,
smaller airport may have difficulty completing the process, which may
ultimately dissuade them from hosting events. The commenter also
inquired about the possibility of using a temporary event permit
process rather than an agreement with the event promoter.
The Final Policy: The primary purpose of this policy is to outline
a more defined process that sponsors can follow to comply with the law,
49 U.S.C. 47107(a)(8) requiring the Secretary of Transportation
(delegated to the FAA) to approve the closure of an airport for
nonaeronautical event. In implementing the requirements of this
statute, the FAA has several objectives: first, the airport sponsor
will continue to operate the airport safely. The airport sponsor has a
plan identifying the necessary labor and resources to ensure that this
objective is met. Second, the airport sponsor has taken the necessary
steps to notify the airport users including air carriers, fixed base
operators, and tenants of the impending event and, when possible, take
steps to alleviate the impact of the event on airport users. Fixed base
operators and tenants rely on uninterrupted airport access to conduct
business and earn a livelihood. When airport access is denied or
restricted, it can have a detrimental impact on airport users. Third,
that the Federal investment in the airport is protected. The Federal
Government invests over $3.8 billion annually to maintain the Nation's
airports and ensure that these assets are available for the purpose for
which they were designed.
Regarding the suggestion of a permit versus a written agreement,
the airport sponsor is responsible for licensing and procurement.
Whether it is a permit or agreement, the document between a sponsor and
the event promoter must assign responsibility for essential tasks,
ensure safety, and contain indemnification and hold harmless provisions
to protect the sponsor for damages, liabilities, and judgments. The
document must protect the airport from damage and ensure that the
airport be repaired or restored at the promoter's cost.
2. Clarification of the Term ``Federally Obligated Airports''
National Business Aviation Association recommends the FAA clarify
the term ``federally obligated'' airports, to identify the sources of
an airport sponsors Federal obligations.
The Final Policy: FAA Order 5190.6B, Airport Compliance Manual,
September 30, 2009 indicates that a sponsor's Federal obligations can
include: (a) Grant agreements issued under the FAA administered airport
development grant programs including the Airport Improvement Program
(AIP) under 49 U.S.C. 47101, et seq.; (b) Instruments of surplus
property transfer issued under the provisions of section 13(g) of the
Surplus Property Act of 1944, as amended 49 U.S.C. 47151-47153; (c)
Instruments of nonsurplus conveyance issued under section 16 of the
1946 Airport Act, as amended; under section 23 of the 1970 Airport Act,
as amended; or under section 516 of the AAIA, as amended following
recodification as 49 U.S.C. 47125.
3. Authority To Approve the Closure of an Entire Airport
National Business Aviation Association stated that the FAA ``cannot
allow closure of an entire airport''. The FAA can only allow a partial
closure for nonaeronautical purpose.
The Final Policy: Although closures of entire airports for
nonaeronautical purposes should be rare and allowed only when there is
a benefit to civil aviation, Congress clearly anticipated the
possibility of requests for airport closures. 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].'' Further,
FAA Order 5190.6B, Section 7.21(b)(1) states: ``An airport developed or
improved with federal funds may not be closed to use the airport
facilities for special outdoor events, such as sports car races, county
fairs, parades, car testing, model airplane events, etc., without FAA
approval.'' Closures of any portion of an airport for nonaeronautical
purposes must receive FAA approval. Impacts to aviation need to be
thoroughly assessed and considered. Therefore, closing the only runway
at an airport should be avoided, if possible.
4. The Need for an Emergency Response Plan
National Air Transportation Association recommends the FAA require
an emergency response plan (beyond the safety plan), scalable to the
event and activities planned. This plan should include incident command
structure, responsible agencies, emergency contacts, and mutual aid and
evacuation routes.
The Final Policy: The airport operator is responsible for care,
control, and
[[Page 30642]]
protection of property and people on an airport. Whether it is a small
general aviation airport or a major air carrier airport. The services
can range from a dedicated on-airport fire department or first
responder services in the community that respond to accidents at the
airport. Best management practices dictate that support services are
engaged and participate in the planning of the event. Each airport
should already have emergency procedures for handling incidents and
accidents at the airport. The FAA encourages airport sponsors to
conduct emergency response planning and develop a plan based upon their
needs and scope of the event. An ``emergency plan'' requiring an
incident command structure is too prescriptive; local officials are in
the best position to decide the resources required.
5. Schedule of Submissions
National Air Transportation Association recommends the FAA adopt a
schedule of submission setting a deadline for submitting documents for
approval--similar to the 120-day period required for construction
events on the airport by FAA Form 7460--Notice of Alteration and
Construction. NATA also suggests that the application for an event
follow a prescribed timetable with FAA approval due dates.
Manassas Regional Airport representative suggested a 90-Day review
period in lieu of 100-Days. Manassas Regional Airport representative
mentioned that there is a clear lead-time for a 7460 form, there is no
mention of a lead-time for submitting a proposal to the Region or ADO.
Manassas Regional Airport representative requested that the FAA
consider allowing a single proposal submission for recurring events,
rather than requiring a new application every year.
The Final Policy: Regarding the schedule for submission, as a first
step in planning a public event at an airport, the airport operator
should meet with the local FAA Airports District Manager or Regional
Office (RO) as soon as possible. An initial meeting should occur at
least 120 days before the planned event. Airport managers know that the
closure of the airport, a runway or aircraft movement area will result
in an impact to airport users. The Airport manager's objectives must
be, first, determine if it is possible to conduct the event safely with
the minimum disruption to the airport users. Second, identify what
steps the airport can take to ensure minimum disruption and impact to
airport users. Airport managers know that in certain cases FAA Form
7460, Notice of Proposed Construction or Alteration must be filed and a
Notice to Air Missions must be issued. The event constitutes a Federal
Action; therefore, the FAA will review the airport manager's
environmental submission and provide an approval. FAA examines a
temporary closure request on a case-by-case basis.
FAA acknowledges single proposal submission for recurring events
repeat are typically easier to review and less of an administrative
burden for promoters. The FAA will leave this decision to the
discretion of the local FAA office for nonaeronautical events that do
not require closure of aircraft movement (e.g., promotes uninterrupted
aeronautical use of airports and airport facilities). For situations
involving a closure of aircraft movement areas, each event will be
treated as a new event.
6. Potential Impacts on Aviation
San Carlos Airport Pilots and California Pilots Association (Pilots
Association) believes the airports should remain available for aviation
purposes. A ``proposed nonaeronautical use of an airport should not
prevent the airport from realizing its economic potential. The Pilots
Association also urges FAA to consider the collective impact of
multiple short closures on airport operations. The Pilots Association
recommends better coordination between the airport sponsor and
aeronautical tenants and users; tenants and users should have an
opportunity to give feedback on potential closures. The Pilots
Association asks that FAA require certification of notifications to
stakeholders of the event and provide an opportunity to give feedback.
The Pilots Association also recommends the airport sponsor should post
all airport funds and resources used to subsidize the event and any
physical damages or personnel injuries the direct result of the event.
The Final Policy: FAA's Policy and Procedures Concerning the Use of
Airport Revenue (64 FR 7704) February 16, 1999 permits the use of
airport property for public recreational purposes and addresses the use
of airport funds to support community activities and for participation
in community events. The expenditures are directly and substantially
related to the operation of the airport. The airport sponsor may
consider the ``directly and substantially related to air
transportation'' standard to be met if the contribution has the
intangible benefit of enhancing the airport's acceptance in local
communities impacted by the airport. The use of airport property and
the expenditure of airport revenue for a nonaeronautical event must be
performed in accordance with an airport sponsor's grant assurance
obligations. Airport revenue cannot be used toward conducting the event
(e.g., use of airport staff must be reimbursed, equipment rental, and
advertisement of the event cannot be funded in part or whole by the
airport). The FAA acknowledges the airport sponsor should keep records
of any inspection and repair costs, resulting from a nonaeronautical
event. While the FAA will not require an airport sponsor to post event
expenditures, this information is an integral part of an airport
sponsor's request and should be publicly available.
Regarding the impact of multiple short closures on airport
operations, the Federal government makes a capital investment in a
local airport to address the needs of aeronautical users and improve
the airport's access to the National Airport System. An airport
sponsor's justification for capital improvements does not include
justifying the need for facilities to support auto races, fun runs or
other nonaeronautical events. These events are treated as rare
occurrences or as incidental events. When federally funded assets
intended to support access to the National Airport System are regularly
used for nonaeronautical events, it raises questions about the need for
a Federal investment in the airport.
Regarding the suggestion that the FAA require certification of
notifications to stakeholders of the event and provide an opportunity
to give feedback, the FAA recognizes airport sponsors are in the best
position to understand airport users' specific needs for airport access
and generally act in the airport's best interest. The FAA expects
airport sponsors to work with airport users to minimize the impact on
airport users. The FAA encourages more intensive outreach to ensure
safety and efficiency during the review process. The policy currently
provides a baseline requirement to notify tenants and users. Airport
users have redress through the Part 13 informal complaint process or
the formal Part 16 complaint.
7. Block Grant States Procedures
Georgia Department of Transportation recommends that sponsors in
Block Grant states coordinate with the Block Grant Agency by submitting
an application in writing, in advance, and provide a schedule for
various steps in the application process.
The Final Policy: Airport sponsors in Block Grant states should
submit Temporary Closure requests to Block
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Grant State agencies who will work with the FAA to complete the review.
8. Pilot Input
Theodore Gablin asked for a method for pilots to object to the
request to perform nonaeronautical activities and suggested penalties
for a sponsor that fails to comply with the policy.
The Final Policy: FAA Policy requires airport sponsors to consult
with airport users and tenants regarding planned nonaeronautical events
that may result in airport closures or a restriction on airport
operations. The FAA expects that airport sponsors will work with
airport users to resolve differences and develop a plan to minimize
impacts to airport users. Airport users have redress to the FAA through
the Part 13 informal complaint process or the formal Part 16 complaint.
9. Clarification on Obtaining Fair Market Value
Manassas Regional Airport representative asked for clarity on how
airports obtain fair market value for runways and taxiways.
The Final Policy: Airport operators can obtain comparable land
rental values from on-airport ground lease rates for nonaeronautical
use, adjacent airport land or information rental rates from local
commercial realtors or the city's community economic development
agency.
10. Suggested New 7460 Forms
Manassas Regional Airport representative suggested that Form 7460
include temporary closures for nonaeronautical activities and create a
separate form to prevent confusion among crane/construction companies
and event sponsors.
The Final Policy: The FAA believes that Form 7460 is adequate for
identifying obstructions connected with nonaeronautical activities on
an airport. The FAA cannot create a separate notice for cranes. FAA
Form 7460 is required by regulation to evaluate the effect of proposed
construction or alteration on air navigation. Notice is required by 14
Code of Federal Regulations, part 77 pursuant to 49 U.S.C. 44718. The
FAA Form 6000-26 (08/13) Airport Sponsor Strategic Event Submission is
used by airport sponsors to notify the FAA of projects or events, which
will result in runway or taxiway closures, or navigational aid outages
etc. This form should be submitted 60 days prior to the event to the
FAA Air Traffic Organization (ATO).
11. Proof of Nonprofit Status
Manassas Regional Airport representative suggested that airport
sponsors should require nonprofit charitable organizations submit proof
of their status.
The Final Policy: The FAA agrees that the airport sponsor's
examination of a promoter's nonprofit status is good business practice.
12. Addressing Nonaeronautical Events That Occur Along With
Aeronautical Events
Manassas Regional Airport representative asked that the FAA
consider addressing temporary closures of airports for nonaeronautical
purposes associated with aeronautical events (example: closing down a
taxi lane for vehicle parking for an airshow). Basic guidelines for
temporary closures for aeronautical purposes are described in FAA Order
5190.6B, Section 7.21(b)(2).
The Final Policy: FAA Order 5190.6B, paragraph 7.21 Temporary
Closing an Airport for Special Event discusses both aeronautical and
nonaeronautical events. Aeronautical events can include air shows, fly-
ins, and aviation conventions. These events are normally used to
promote some aspects of aviation. Airport funds can be used to support
community activities if the expenditures are ``directly and
substantially related to air transportation'' standard to be met if the
contribution has intangible benefit of enhancing the airport's
acceptance in local communities impacted by the airport. Expenditures
that are directly and substantially related to the operation of the
airport qualify inherently as operating costs of the airport. The FAA's
Policy Concerning the Use of Airport Revenue (Revenue Use Policy) (64
FR 7704) February 16, 1999. Nonaeronautical events, such as auto races,
carnivals, fun runs, are events that could be conducted off-airport and
are not promoting aviation. Air Shows require a certificate of waiver
authorization from the FAA Flight Standards. The FAA considers the
event aeronautical if the majority of activities are aeronautical and
promote aviation. However, if the majority of the events are
nonaeronautical, this policy applies. Airport sponsors should consult
the Revenue Use Policy and FAA Order 5190.6B, paragraph 17.14 Property
for Community Purpose and paragraph 17.15, Exception for Community Use.
III. Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes
A. Introduction
The FAA believes that the primary purpose of public airports is to
serve aeronautical users and therefore, airports should remain open and
available for aviation use. However, under certain circumstances, an
airport sponsor may request the FAA's approval of temporary closures
for nonaeronautical activities or purposes, such as car shows, county
fairs, parades, model airplane events, running events and fireworks.
The FAA will not approve a closure if it would result in a negative
impact to civil aviation.
In most cases, the impact to aviation, safety, security, liability,
and other risks will outweigh the financial and community goodwill
benefits promised to the airport for nonaeronautical activities.
Closures of entire airports or closures of the only runway at an
airport should be highly scrutinized, and only allowed when there is a
net benefit to the airport. A nonaeronautical use of an airport should
not prevent the airport from realizing its economic potential nor
diminish its role in the system of airports.
Moreover, airport sponsors must not allow any nonaeronautical
activity that will damage or impact the useful life of airport
pavements, signs, markings, lighting or other infrastructure. Under
Grant Assurance 11, airport sponsors are required to implement a
pavement preventative maintenance program to ensure the useful life of
the pavement is protected. As a result, car racing events should not be
approved on recently rehabilitated (resurfaced or reconstructed)
pavements. Moreover, airports are generally unsuitable locations for
high velocity auto events, such as drag racing, and are likely to
require additional liability insurance and crowd protection. These
high-risk events should be highly scrutinized by both the sponsor and
the ADO or region.
This policy provides procedures for airport sponsors who choose to
submit a request for such closures and establishes benchmarks for
safety for a nonaeronautical event.
B. Request for Temporary Airport Closure
To request a temporary airport closure for a nonaeronautical event,
an airport sponsor must meet with the FAA at least 120 days to discuss
their plans and develop a timetable for FAA review and approval. Within
60 days of the event, the airport sponsor must submit a written request
for the even that includes the information outlined
[[Page 30644]]
below. In Block Grant states, the airport sponsor must submit the
request to the State Block Grant Agency with a copy to the FAA Regional
Airports Office or Airport District Office (ADO). The airport sponsor
must provide sufficient information and assurances to indicate that
each requirement has been or will be satisfied. The written request
must address:
1. Impact on aeronautical activities. An estimate of the number of
impacted aircraft operations (scheduled services, commercial, general
aviation, military) and how this number was determined.
2. Justification. A written statement describing the
nonaeronautical event and a justification for the event at the airport.
If 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 statement
should address alternative off-airport locations considered, and why
these locations are not viable. The justification must also clearly
identify the net benefit of the event to civil aviation.
3. Timing. The dates of the proposed closure periods including set
up and take down period. Identify whether this is an annual or one-time
event.
4. Map. A map depicting:
a. Location of nonaeronautical activity on airport (e.g., spectator
areas, parking areas, staging areas, fueling, concession areas, closed
areas),
b. Areas to be used for the nonaeronautical activity 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 that may affect the
National Airspace System (NAS), and
e. Structures or other elements that may require a form 7460
application.
5. Communications. The request must document the airports sponsor's
communications with airport users to discuss the details of the event,
and address concerns and mitigate the impact of the event on users to
the extent possible. The following contacts should be notified:
a. Tenants, fixed base operators (FBO), airlines, and local users,
b. Air traffic control tower,
c. Local aviation organizations,
d. Airport security and local law enforcement agencies, and
e. FAA Flight Standards District Office.
6. Safety. 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, in coordination with local or state public
safety officials, 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 pilots, including appropriate NOTAMs and
other methods.
c. Reporting and marking of any structures affecting protected
zones or surfaces.
e. 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.
d. Safe separation between aircraft operations and the public.
These may include: special taxi routes, restricted access to terminal
gates, crowd control, designated vehicular routes, staging areas, and
structural barriers to protect the viewing public. The Sponsor and the
event promoter are responsible for the safety of attendees; Sponsor
will ensure that the event promoter provides sufficient barricades to
ensure the public is protected.
e. Sponsor's determination and analysis that there is no adverse
effect on the airport's approved security plan.
f. Where necessary to maintain the safety, security and efficiency
of airport operations, Regions or ADOs should use applicable elements
from the FAA Advisory Circular 150/5370-2, Operational Safety on
Airports during Construction.
g. The airport sponsor must provide timely advance notice of the
nonaeronautical event to pilots and airport tenants, and to the Air
Traffic Control (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. The sponsor should provide a
Draft of the NOTAM(s) to be issued for the event.
h. Filing of a Form 7460 may be necessary to obtain the 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 request for approval of
closure, but must be filed no later than 90 days prior to the event to
allow time for the FAA to review, comment and response from proponent.
i. Post-event inspection and repair of any damage to airport
property to assess the airport property prior to re-opening for
aeronautical uses to identify and fix:
1. Damage to pavements, lighting, signs, markings and other airport
infrastructure.
2. Temporary markings HAZMAT issues (if applicable).
3. Conduct Foreign Object Debris (FOD) sweep.
4. Identification of the party who will be responsible for funding
any repairs and a timeframe within which the repairs will be made.
5. Indicate impacts to NAVAIDs and procedures for taking these out
and in service.
6. Procedures and equipment to delineate closed areas (e.g., X on
runways, fencing, gates, barricades).
7. Financial. 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. Therefore, the airport sponsor must
document how the airport will be compensated for the use of the airport
for nonaeronautical events. 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. 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. The
sponsor should understand the following:
a. 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.
b. 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.
c. 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
[[Page 30645]]
the airport sponsor relating to the use of the airport for the event.
d. For an event proposed by a commercial/for-profit party:
1. Financial benefits must be equal to at least the fair market
value of the subject property use.
2. In-kind services or benefits must be equivalent to FMV
compensation.
3. 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).
4. The event should also generate intangible benefits for the
airport such as community goodwill and community interest.
e. 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:
1. Advertising for the airport included in the event advertising at
no cost to the airport.
2. A percentage of ticket sales paid to the airport.
3. 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).
IV. Airshows and Aeronautical Events
While 49 U.S.C. 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 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.
V. Environmental Analysis Requirement
Approval of the closure of airport facilities for a nonaeronautical
event is a Federal action that requires environmental review, under the
National Environmental Policy Act (NEPA). The level of review will vary
depending on the nature of the proposed event and should be coordinated
with the RO/ADO for review and approval.
Issued in Washington, DC.
Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2023-09983 Filed 5-11-23; 8:45 am]
BILLING CODE 4910-13-P
