FAA – Section 163 Final Instructions, October 2020

From: Director, Office of Airport Planning and Programming (APP-1) Copy: Director, Office of Airport Compliance (ACO-1) Office of the Chief Counsel (AGC-600) Director, Office of Airport Safety and Standards (AAS-1) Subject: Instructions to Airports District Offices and Regional Office of Airports Employees Regarding Airport Layout Plan Reviews and Projects Potentially Affected by Section 163 of the FAA Reauthorization Act of 2018 Summary This document provides instructions to the FAA’s Airports District Offices (ADO) and Regional Offices of Airports as well as states participating in FAA’s State Block Grant program regarding changes in legal authority under the FAA Reauthorization Act of 2018. This document explains the internal process for reviewing airport layout plan (ALP) changes when new development is proposed by an airport sponsor and provides instructions on release of federal grant obligations and the circumstances under which these actions are necessary. Additionally, this document provides information on the way in which environmental review under the National Environmental Policy Act (NEPA) should address the new limitations on FAA’s regulatory authorities. These are internal instructions for implementation of FAA’s statutorily revised authorities over use of airport property and do not require new actions from airport sponsors. Applicability These instructions are for the internal use of the FAA and those administering the Airport Improvement Program (AIP) under the State Block Grant program. These instructions are not legally binding in their own right and will not be relied upon by the FAA as a separate basis for affirmative enforcement action or other administrative penalty.…
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