In August 2022, the FAA revised its internal guidance on Section 163, most notably changing how it defines a 'project' so that if any part of a development requires FAA approval, the agency retains authority over the entire project — limiting airports' ability to break larger efforts into smaller pieces to avoid oversight. The FAA also proposed a new land use policy in September 2022 governing how airport sponsors may use federally acquired or conveyed airport land for non-aeronautical purposes, identifying four categories of land use that determine when FAA approval is required. Airport sponsors were encouraged to submit comments on the proposed land use policy before October 17, 2022.Open full document
Notes
This update from C&S Companies and Kaplan Kirsch & Rockwell summarizes key changes to FAA’s August 2022 revised internal guidance memorandum on Section 163, including a new policy on how ‘portions of a project’ are defined for FAA approval purposes. It also covers FAA’s proposed draft Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land and advises airport sponsors on next steps, including submitting comments by October 17, 2022.