2022-10-17
The comment period for this draft policy rule change ended today. https://www.federalregister.gov/documents/2022/09/15/2022-19665/draft-faa-policy-regarding-processing-land-use-changes-on-federally-acquired-or-federally-conveyed https://www.regulations.gov/document/FAA-2022-1203-0001 There are FAA policy changes like this all the time which are generally only noticed by people in ‘the biz’; especially if they don’t have any obvious connection with flight paths or noise or pollution. When we first started watching this sort
Section 163 of the FAA Reauthorization Act of 2018 regulates the uses of properties acquired by airport sponsors using FAA funds. These include property buyouts for noise mitigation and other non-aeronautical uses. SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED PROPERTY. (a) <> In General.--Except as provided in subsection (b), the Secretary of Transportation may not
AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Proposed policy; request for comments. SUMMARY: This notice is directed to airport sponsors, consultants, and other stakeholders regarding a proposed update of the FAA policy and practice regarding processing land use changes on federally acquired or federally conveyed airport land. The updated policy confirms and clarifies the appropriate
2022-09-01
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.
2022-09-01
This guide explains how airports can pursue non-aeronautical development under Section 163 of federal aviation law, with a 2022 update covering key FAA policy changes. The update clarifies that if any part of a development project requires FAA approval, the agency now claims approval authority over the entire project — limiting a previous practice of splitting projects into smaller pieces to bypass oversight. It also covers a proposed FAA land use policy affecting how airports may lease or repurpose federally acquired or grant-funded airport land for non-aviation uses.
FAA is obligated to document whether or not it has regulatory authority over use of airport property. A Section 163 determination involves looking at airport layout plan authority and how land was acquired. Rebecca Kanable Whether it’s a proposed Airport Layout Plan (ALP) change, a change in land use from aeronautical to non-aeronautical, or a
2020-10-27
This October 2020 FAA memorandum provides internal guidance to airport district offices on how to implement changes brought by Section 163 of the FAA Reauthorization Act of 2018, which limited the FAA's authority over airport land use and layout plan approvals. The memo outlines a two-step screening process for reviewing proposed airport land use changes, explaining when the FAA retains approval authority versus when it must simply accept changes. Note that this document addresses general FAA airport oversight procedures nationwide and does not specifically concern Sea-Tac Airport noise policy.
2022-09-01
2022-09-01
2020-10-27