TagFAA(514)

Airports Council International-North America (ACI-NA) submitted comments to the FAA in October 2022 opposing a draft policy that would impose new federal review and approval processes on how airports can use land that was federally acquired or conveyed. ACI-NA argued the policy is confusing, could lead to inconsistent decisions across FAA regional offices, and may delay airport development projects and increase costs. The organization urged the FAA to grandfather existing land use designations, clarify key undefined terms, and work collaboratively with airports to revise the policy.

The National Association of State Aviation Officials (NASAO) submitted comments to the FAA in October 2022 regarding a draft policy on land use changes at federally acquired or conveyed airport land. NASAO raised concerns about lengthy lease review processes, the lack of defined timelines for approvals, and unclear procedures for lease renewals and extensions. The letter also questioned how the policy would affect existing leases and called for greater consistency across FAA regions.

The American Association of Airport Executives (AAAE) submitted formal comments in October 2022 opposing a proposed FAA policy that would require federal review of individual leases, subleases, and non-aeronautical development projects on federally acquired or conveyed airport land. AAAE argues the policy would reduce airport revenue, slow development, and exceed FAA's appropriate role, which should be limited to aviation safety oversight rather than involvement in specific real estate transactions. The organization urges FAA to maintain existing policies and work collaboratively with the airport industry on any needed improvements.

This 2022 FAA guidance letter explains how airports can legally spend airport revenue on noise insulation projects, such as new windows, doors, and air conditioning, for homes and schools located within the DNL 65 dBA noise contour — the federal threshold for significant aircraft noise impact. Spending airport revenue on noise insulation for properties outside that noise boundary is generally prohibited as revenue diversion, unless a lower local noise standard has been officially adopted or 'block rounding' has been approved. The letter also clarifies that airports may purchase mobile or permanent noise monitoring equipment using airport revenue, provided certain conditions are met, but monitors cannot be used to enforce noise abatement flight procedures.

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.