TagSection 163(6)

FAA Issues Potentially Sweeping Changes to Airport Land Use Regulation September 16, 2022 The Federal Aviation Administration (FAA) has published a Draft FAA Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land (the “Policy”). The proposed Policy is available here. The Policy addresses how the FAA will review and approve sponsor requests to use certain airport property for non-aeronautical purposes. The proposal has potentially significant implications for airport sponsors’ leasing practices. Because of the open questions presented by the Policy and the apparent nature of the proposed changes, sponsors should strongly consider commenting prior to the October 17, 2022 deadline. The FAA’s stated purpose in adopting the Policy is to “confirm[] and clarify[y] its prior policy and practice regarding the implementation of its statutory responsibility to review and approve or consent to, or deny, requests for land use changes on federally acquired or federally conveyed land.” However, the Policy has the potential to significantly change certain elements of the way that the FAA considers and approves sponsor requests for non-aeronautical and mixed use of airport property. Applicability. FAA has previously issued guidance to implement Section 163 of the FAA Reauthorization Act of 2018, which generally limits the FAA’s authority to regulate the use of airport property. The FAA’s new land use Policy would apply where Section 163 does not: that is, to land use changes (1) on airport property acquired by the sponsor with federal assistance or through a federal surplus property donation or (2)…

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.…