80_FR_46529 80 FR 46380 - Guidance on the Procedures and Process To Petition the Secretary Under the Airport and Airways Improvement Act

80 FR 46380 - Guidance on the Procedures and Process To Petition the Secretary Under the Airport and Airways Improvement Act

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 149 (August 4, 2015)

Page Range46380-46382
FR Document2015-19144

The Federal Aviation Administration (FAA) is issuing guidance on the procedures and process to petition the Secretary under 49 U.S.C. 47106(c)(1)(A)(ii) of the Airport and Airways Improvement Act of 1982, as amended. Although this provision has been in effect since 1992, the FAA did not receive the first petition under this provision until 2010. This guidance is intended to provide detail and clarity about who may petition the Secretary, when such a petition may be filed, how the petition may be made, and the procedures and process to petition the Secretary under this Section of the Airport and Airways Improvement Act.

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46380-46382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2015-2836]


Guidance on the Procedures and Process To Petition the Secretary 
Under the Airport and Airways Improvement Act

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Aviation Administration (FAA) is issuing guidance 
on the procedures and process to petition the Secretary under 49 U.S.C. 
47106(c)(1)(A)(ii) of the Airport and Airways Improvement Act of 1982, 
as amended. Although this provision has been in effect since 1992, the 
FAA did not receive the first petition under this provision until 2010. 
This guidance is intended to provide detail and clarity about who may 
petition the Secretary, when such a petition may be filed, how the 
petition may be made, and the procedures and process to petition the 
Secretary under this Section of the Airport and Airways Improvement 
Act.

DATES: Written comments must be received on or before October 5, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-2836 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Daphne Fuller, Assistant Chief 
Counsel. Mailing address: Federal Aviation Administration, 800 
Independence Ave. SW., Washington, DC 20591. Telephone: (202) 267-3199. 
Email address: [email protected]

SUPPLEMENTARY INFORMATION: FAA requests comments, suggestions and 
recommendations that will assist the agency in assessing and 
understanding the potential effects and implications of providing 
guidance on the procedures for and process of the right to petition the 
Secretary under 49 U.S.C. Section 47106(c)(1)(A)(ii).

I. Background

    In 1982, Congress enacted the Airport and Airway Improvement Act 
(AAIA) (Pub. L. 97-248). Relevant portions of the AAIA are codified in 
49 U.S.C. Chapter 471, Subchapter I, Airport Improvement. The AAIA, 
among other items, established the current-day Airport Improvement 
Program (AIP) that is administered by the FAA's Office of Airports. 
Through the AIP, the FAA provides grants to public agencies -- and, in 
limited cases, to private airport owners and operators--for the 
planning and development of public-use airports that are included in 
the National Plan of Integrated Airport Systems (NPIAS). The current 
AIP program built on earlier grant programs that are funded through a 
variety of user fees and fuel taxes. For more information on the 
history of the AIP and predecessor grant programs, see http://www.faa.gov/airports/aip/.
    The AAIA also provides certain prerequisites and conditions that an 
airport sponsor must meet in order to be eligible for consideration of 
AIP funding. In 1992, Congress amended various provisions of the AAIA 
with the Airport and Airway Safety, Capacity, Noise Improvement, and 
Intermodal Transportation Act, Pub. L. 102-581. Section 113(b), Public 
Access and Participation with Respect to Airport Projects, amended 
Section 509(b)(6)(A) of the AAIA (49 U.S.C. 47106(c)(1)(A)) by 
inserting the following:

    (ii) the sponsor of the project certifies to the Secretary that 
the airport management board either has voting representation from 
the communities where the project is located or has advised the 
communities that they have the right to petition the Secretary 
concerning a proposed project.

    The Secretary of the U.S. Department of Transportation has 
delegated the responsibility to respond to a petition under Section 
47106 to the Administrator of the FAA, 49 CFR 1.83(a)(9). The 
Administrator has further delegated the authority to administer this 
provision to the Associate Administrator for the Office of Airports 
(ARP-1). Order 1100.154A.\1\ The requirement for a sponsor to provide 
such certification to the FAA is incorporated into FAA Order 5050.4B, 
National Environmental Policy Act (NEPA) Implementing Instructions for 
Airport Actions, par. 1203.
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    \1\ For clarity, this guidance will continue to use the term 
``Secretary'' in this context.
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II. Purpose

    After receiving a small number of submissions under this provision, 
the Associate Administrator for the Office of Airports has determined 
it would be helpful and appropriate to provide the public with more 
guidance on the procedures and processes associated with this 
provision:

    The Secretary may approve an application under this subchapter 
for an airport development project involving the location of an 
airport or runway or a major runway extension only if the sponsor 
certifies to the Secretary that the airport management board

[[Page 46381]]

has voting representation from the communities in which the project 
is located or has advised the communities that they have the right 
to petition the Secretary about a proposed project[.]

49 U.S.C. Section 47106(c)(1)(A)(ii).\2\
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    \2\ As a starting point, the FAA notes that it is unable to 
locate any legislative history for Section 47106(c) that would be 
helpful in determining the Congressional intent with respect with 
requirements of the statute. In interpreting this section, the 
Secretary is guided by context and the common meaning of the terms 
as informed by his understanding of airports and the airport 
development process.
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III. Proposed Guidance

A. Where To File

    The Secretary of the U.S. Department of Transportation has 
delegated the responsibility to respond to a petition under Section 
47106 to the Administrator of the FAA. Accordingly, any petition under 
this statutory provision should be addressed to the Associate 
Administrator for the Office of Airports, 800 Independence Avenue SW., 
Washington, DC 20591.

B. Form and Substance

    The statute does not prescribe any specific format prescribed for 
the submission of a petition. The petition should be a concise 
statement describing the project to which the petitioner objects, and 
clearly indicating the petitioner's specific objection to the project. 
The petition must also include a description of the result the 
petitioner is seeking. The petition should normally not exceed ten (10) 
pages. Upon application from the petitioner, the Administrator will 
consider extending the length of a petition for a large, complex 
project. Petitions must be legible and must be signed by the 
petitioner(s), who must be a duly authorized representative(s) of the 
community (see Section III.D.4 of this Federal Register notice). The 
FAA will not consider any petition that is not signed by the 
petitioner(s).

C. Time To File a Petition

    A petition filed under section 47106(c)(1)(A)(ii) should be filed 
only after the Airport Sponsor notifies a community of its right to 
file a petition.
    Petitions to the Secretary pursuant to Section 47106(c)(1)(A)(ii) 
must be submitted within thirty (30) days after the FAA gives notice 
that the sponsor has presented evidence that the requirements of 
Section 47106(c)(1)(A)(ii) have been fulfilled. Although the 
environmental analysis and the grant decisions are separate processes 
and decision, grant-related findings that are preconditions of issuing 
a grant are often made in the environmental ROD. Typically, the FAA 
demonstrates that the sponsor has satisfied the requirements of Section 
47106(c)(1)(A)(ii) in its Final Environmental Impact Statement (FEIS). 
Generally, the FEIS will contain a certification from the Airport 
Sponsor either that each community in which the project is located has 
a voting member on its airport management board, or that each community 
in which the project is located has been advised of its right to 
petition the Secretary. Normally the Airport Sponsor will have notified 
each of the communities prior to the publication of an FEIS, allowing 
communities at least 30 days to prepare and file a petition.\3\ The 
thirty-day time to file ensures that communities without voting 
representation on the airport management board have the same ability to 
object to or provide input on a project prior to a final decision that 
grant-related preconditions have been met as those communities that do 
have voting representation on the airport management board. 
Additionally, the 30-day period coincides with the Council on 
Environmental Quality's (CEQ) requirement that imposes a 30-day 
``cooling off'' period on federal agencies between the publication of 
an FEIS and a Record of Decision (ROD). However, the FAA may also 
provide notice that the sponsor has fulfilled the requirements of 
Section 47106(c)(1)(A)(ii) through a Draft EA, a Final EA, a Draft EIS, 
or via a separate Federal Register Notice. This type of FAA notice 
would also start the 30-day time limit for a community to file a 
petition pursuant to Section 47106(c)(1)(A)(ii).
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    \3\ Should the FAA prepare an Environmental Assessment (EA) for 
a project to which Sec.  47106(c)(1)(A)(ii) applies, or an EIS under 
MAP-21, Section 1319, the time to file a petition to the Secretary 
will begin to run when the community is informed of its right to 
file such a petition by the airport sponsor and will expire 30 days 
after such notification.
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D. Definitions

(1) Location of an Airport
    For purposes of Section 47106(c)(1)(A)(ii), location of an airport 
means approval of an airport at a location where no airport exists. 
This definition is consistent with the definition of the term airport 
location approval found in FAA Order 5050.4B, National Environmental 
Policy Act (NEPA) Implementing Instructions for Airport Actions (April 
2006). Order 5050.4B defines airport location approval as approval of a 
new public use airport at a location where no airport exists. (Order 
5050.4B, ]] 9.p and 203). In interpreting Section 47106(c)(1)(A)(ii), 
it is appropriate to be consistent with other FAA interpretations of 
similar terms. Defining the term location of an airport consistently 
with the definition in the most current version of Order 5050.4B avoids 
confusion that could be caused by applying different definitions 
depending on the circumstances of the inquiry.
(2) Location of a Runway
    While other FAA documents have referred to the location of a 
runway, none have defined the term. Because the term is similar to the 
term ``location of an airport,'' it is appropriate to define the terms 
in a similar manner. For purposes of Section 47106(c)(1)(A)(ii), 
location of a runway refers to decisions approving the site of a new or 
relocated runway where a runway does not currently exist.
(3) Major Runway Extension
    Order 5050.4B defines a major runway extension as one that creates 
a significant impact to an affected environmental resource (including 
noise), or one that permanently removes a relocated threshold.\4\ 
Removal of a dislocated threshold is not considered a runway 
extension.\5\ The definition of major runway extension that appears in 
Order 5050.4B, ]9.l will be used in interpreting Section 
47106(c)(1)(A)(ii).
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    \4\ A relocated threshold leaves the pavement usable only for 
taxiing.
    \5\ Pavement beyond a dislocated threshold is available for 
takeoff.
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(4) Communities in Which the Project Is Located
    The term community is not defined in the statute. In the enabling 
legislation, this provision was entitled ``Public Participation With 
Respect to Airport Projects.'' The term ``community'' will be defined 
as a jurisdictional authority, that is, a political subdivision of a 
state, such as a town, township, city, or county. Defining community as 
a jurisdictional authority is consistent with the context of Section 
47106(c). For example, in subsection (A)(i) the statute speaks of 
``objectives of any planning that the community has carried out.'' 
Typically, only political subdivisions of a state, such as those 
described above, would have planning authority. Similarly, in the FAA's 
experience, only a jurisdictional authority or political subdivision 
would be considered for voting representation on the airport's 
governing authority. It is only in the absence of such voting 
representation of a jurisdictional authority or political subdivision 
that

[[Page 46382]]

the statute provides the opportunity to petition the Secretary.
    Defining community as a jurisdictional authority or political 
subdivision is also consistent with the definition of community in 
Order 5050.4B, ]1203(b)(1).
    Accordingly, only a political subdivision of a state that enjoys 
general jurisdiction, or a Tribal government meets the definition of 
community in this context. Political subdivisions of a state that have 
a specific, substantive authority, such as water districts or school 
districts, do not adequately represent the interests of the community 
at large. They are not required to balance the interests of the whole 
community on a wide range of issues. Rather, they seek to promote their 
specific substantive interest. Additionally, water districts or school 
districts would not normally be invited to sit on an airport management 
board. Thus, only a political subdivision of a state which enjoys 
general jurisdiction is a community entitled to file a petition under 
Section 47106(c)(1)(A)(ii).
    Finally, under the statute, a community is only eligible to 
petition under Section 47106(c)(1)(A)(ii) if the project is located in 
the community. If land is disturbed in the community, then the project 
is considered to be located in that community. The courts have also 
provided instruction on when a project is located in a community. In 
City of Bridgeton v. FAA, 212 F. 3d 448 (8th Cir. 2000), the court 
determined that a community in which there was no construction and no 
significant noise impact could not challenge the failure to notify it 
that it could petition the Secretary. Thus, outside the construction 
context, a project may be located in a community only if the project 
will have a significant impact on the community. For example, where a 
project will cause a significant noise impact on a community, the 
project is located in that community. If the project does not create a 
significant impact in the community, the community will have no right 
to petition the Secretary.

E. Other Considerations

    There are currently ten states that participate in the FAA's State 
Block Grant Program (SBGP). Under the program, the State agency 
(usually the aviation division of the state Department of 
Transportation) assumes responsibility for administering AIP grants and 
if applicable, discretionary grants for non-primary airports. See 49 
U.S.C. Section 47128. As part of the responsibility, the state assumes 
various responsibilities for the FAA including reviewing and approving 
proposed changes to the Airport Layout Plan (ALP) and compliance with 
the National Environmental Policy Act (NEPA).
    The FAA interprets 49 U.S.C. Section 47106(c)(1)(A)(ii) as not 
being applicable to a project approved and administered as part of a 
state block grant. The plain language of this statutory provision 
states that this Section is triggered when a proponent submits a 
project grant application to the FAA. In the case of the SBGP, no such 
request is made as the funds are given to the states as a block and the 
state assumes responsibility for administering those funds. 
Participants in the SBGP are required to engage communities according 
to FAA guidance and to circulate the draft EA if warranted. Some who 
have sought to use this provision have argued that it should apply to 
State Block Grant projects. The FAA invites comments on this 
interpretation.

F. Agency Response

    The FAA will provide a written response to a petition to the 
Secretary. The FAA may respond by outlining the issues raised in the 
petition and providing its responses either within the environmental 
record of decision, or it may elect to respond in a separate document.

    Authority:  49 U.S.C. 47106(c)(1)(A)(ii), 14 CFR part 1.

    Issued in Washington, DC, on July 29, 2015.
Elliott Black,
Director, Office of Airport Planning and Programming APP-001.
[FR Doc. 2015-19144 Filed 8-3-15; 8:45 am]
BILLING CODE 4910-13-P



                                              46380                         Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices

                                              whole or in part, no later September 3,                   • Mail: Send comments to Docket                     Airports. Through the AIP, the FAA
                                              2015.                                                   Operations, M–30; U.S. Department of                  provides grants to public agencies —
                                                 The following is a brief overview of                 Transportation (DOT), 1200 New Jersey                 and, in limited cases, to private airport
                                              the request:                                            Avenue SE., Room W12–140, West                        owners and operators—for the planning
                                                 The Upper Cumberland Regional                        Building Ground Floor, Washington, DC                 and development of public-use airports
                                              Airport is proposing the release of two                 20590–0001.                                           that are included in the National Plan of
                                              tracts of property consisting of 10.33                    • Hand Delivery or Courier: Take                    Integrated Airport Systems (NPIAS).
                                              acres and 36.84 acres to allow the                      comments to Docket Operations in                      The current AIP program built on earlier
                                              property to be used as wetland                          Room W12–140 of the West Building                     grant programs that are funded through
                                              mitigation for projects in the area                     Ground Floor at 1200 New Jersey                       a variety of user fees and fuel taxes. For
                                              unrelated to the airport. These                         Avenue SE., Washington, DC, between 9                 more information on the history of the
                                              properties are non-contiguous to the                    a.m. and 5 p.m., Monday through                       AIP and predecessor grant programs, see
                                              airport and located on Breeding Swamp                   Friday, except Federal holidays.                      http://www.faa.gov/airports/aip/.
                                              Road approximately 3 miles southeast of                   • Fax: Fax comments to Docket                          The AAIA also provides certain
                                              the airport and Franks Ferry Road                       Operations at 202–493–2251.                           prerequisites and conditions that an
                                              approximately 13 miles southwest of the                   Privacy: The FAA will post all                      airport sponsor must meet in order to be
                                              airport.                                                comments it receives, without change,                 eligible for consideration of AIP
                                                 Any person may inspect, by                           to http://www.regulations.gov, including              funding. In 1992, Congress amended
                                              appointment, the request in person at                   any personal information the                          various provisions of the AAIA with the
                                              the FAA office listed above under FOR                   commenter provides. Using the search                  Airport and Airway Safety, Capacity,
                                              FURTHER INFORMATION CONTACT.                            function of the docket Web site, anyone               Noise Improvement, and Intermodal
                                                Issued in Memphis, TN on July 28, 2015.               can find and read the electronic form of              Transportation Act, Pub. L. 102–581.
                                              Phillip J. Braden,                                      all comments received into any FAA                    Section 113(b), Public Access and
                                              Manager, Memphis Airports District Office.              docket, including the name of the                     Participation with Respect to Airport
                                              [FR Doc. 2015–19141 Filed 8–3–15; 8:45 am]              individual sending the comment (or                    Projects, amended Section 509(b)(6)(A)
                                              BILLING CODE 4910–13–P                                  signing the comment for an association,               of the AAIA (49 U.S.C. 47106(c)(1)(A))
                                                                                                      business, labor union, etc.). DOT’s                   by inserting the following:
                                                                                                      complete Privacy Act Statement can be                   (ii) the sponsor of the project certifies to
                                              DEPARTMENT OF TRANSPORTATION                            found in the Federal Register published               the Secretary that the airport management
                                                                                                      on April 11, 2000 (65 FR 19477–19478),                board either has voting representation from
                                              Federal Aviation Administration                         as well as at http://DocketsInfo.dot.gov.             the communities where the project is located
                                                                                                         Docket: Background documents or                    or has advised the communities that they
                                              [Docket No. FAA–2015–2836]
                                                                                                      comments received may be read at                      have the right to petition the Secretary
                                                                                                      http://www.regulations.gov at any time.               concerning a proposed project.
                                              Guidance on the Procedures and
                                              Process To Petition the Secretary                       Follow the online instructions for                      The Secretary of the U.S. Department
                                              Under the Airport and Airways                           accessing the docket or go to the Docket              of Transportation has delegated the
                                              Improvement Act                                         Operations in Room W12–140 of the                     responsibility to respond to a petition
                                                                                                      West Building Ground Floor at 1200                    under Section 47106 to the
                                              AGENCY: Federal Aviation                                New Jersey Avenue SE., Washington,                    Administrator of the FAA, 49 CFR
                                              Administration (FAA), DOT.                              DC, between 9 a.m. and 5 p.m., Monday                 1.83(a)(9). The Administrator has
                                              ACTION: Notice and request for                          through Friday, except Federal holidays.              further delegated the authority to
                                              comments.                                                                                                     administer this provision to the
                                                                                                      FOR FURTHER INFORMATION CONTACT: Ms.
                                              SUMMARY:   The Federal Aviation                         Daphne Fuller, Assistant Chief Counsel.               Associate Administrator for the Office of
                                              Administration (FAA) is issuing                         Mailing address: Federal Aviation                     Airports (ARP–1). Order 1100.154A.1
                                              guidance on the procedures and process                  Administration, 800 Independence Ave.                 The requirement for a sponsor to
                                              to petition the Secretary under 49 U.S.C.               SW., Washington, DC 20591. Telephone:                 provide such certification to the FAA is
                                              47106(c)(1)(A)(ii) of the Airport and                   (202) 267–3199. Email address:                        incorporated into FAA Order 5050.4B,
                                              Airways Improvement Act of 1982, as                     Daphne.Fuller@faa.gov                                 National Environmental Policy Act
                                              amended. Although this provision has                    SUPPLEMENTARY INFORMATION: FAA
                                                                                                                                                            (NEPA) Implementing Instructions for
                                              been in effect since 1992, the FAA did                  requests comments, suggestions and                    Airport Actions, par. 1203.
                                              not receive the first petition under this               recommendations that will assist the                  II. Purpose
                                              provision until 2010. This guidance is                  agency in assessing and understanding                    After receiving a small number of
                                              intended to provide detail and clarity                  the potential effects and implications of             submissions under this provision, the
                                              about who may petition the Secretary,                   providing guidance on the procedures
                                              when such a petition may be filed, how                                                                        Associate Administrator for the Office of
                                                                                                      for and process of the right to petition              Airports has determined it would be
                                              the petition may be made, and the                       the Secretary under 49 U.S.C. Section
                                              procedures and process to petition the                                                                        helpful and appropriate to provide the
                                                                                                      47106(c)(1)(A)(ii).                                   public with more guidance on the
                                              Secretary under this Section of the
                                              Airport and Airways Improvement Act.                    I. Background                                         procedures and processes associated
                                                                                                                                                            with this provision:
                                              DATES: Written comments must be                            In 1982, Congress enacted the Airport
                                              received on or before October 5, 2015.                  and Airway Improvement Act (AAIA)                       The Secretary may approve an application
                                                                                                                                                            under this subchapter for an airport
tkelley on DSK3SPTVN1PROD with NOTICES




                                              ADDRESSES: Send comments identified                     (Pub. L. 97–248). Relevant portions of
                                                                                                                                                            development project involving the location of
                                              by docket number FAA–2015–2836                          the AAIA are codified in 49 U.S.C.
                                                                                                                                                            an airport or runway or a major runway
                                              using any of the following methods:                     Chapter 471, Subchapter I, Airport                    extension only if the sponsor certifies to the
                                                • Federal eRulemaking Portal: Go to                   Improvement. The AAIA, among other                    Secretary that the airport management board
                                              http://www.regulations.gov and follow                   items, established the current-day
                                              the online instructions for sending your                Airport Improvement Program (AIP) that                  1 For clarity, this guidance will continue to use

                                              comments electronically.                                is administered by the FAA’s Office of                the term ‘‘Secretary’’ in this context.



                                         VerDate Sep<11>2014   18:45 Aug 03, 2015   Jkt 235001   PO 00000   Frm 00147   Fmt 4703   Sfmt 4703   E:\FR\FM\04AUN1.SGM   04AUN1


                                                                             Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices                                                  46381

                                              has voting representation from the                      issuing a grant are often made in the                  and 203). In interpreting Section
                                              communities in which the project is located             environmental ROD. Typically, the FAA                  47106(c)(1)(A)(ii), it is appropriate to be
                                              or has advised the communities that they                demonstrates that the sponsor has                      consistent with other FAA
                                              have the right to petition the Secretary about          satisfied the requirements of Section                  interpretations of similar terms.
                                              a proposed project[.]
                                                                                                      47106(c)(1)(A)(ii) in its Final                        Defining the term location of an airport
                                              49 U.S.C. Section 47106(c)(1)(A)(ii).2                  Environmental Impact Statement (FEIS).                 consistently with the definition in the
                                              III. Proposed Guidance                                  Generally, the FEIS will contain a                     most current version of Order 5050.4B
                                                                                                      certification from the Airport Sponsor                 avoids confusion that could be caused
                                              A. Where To File                                        either that each community in which                    by applying different definitions
                                                The Secretary of the U.S. Department                  the project is located has a voting                    depending on the circumstances of the
                                              of Transportation has delegated the                     member on its airport management                       inquiry.
                                              responsibility to respond to a petition                 board, or that each community in which
                                                                                                                                                             (2) Location of a Runway
                                              under Section 47106 to the                              the project is located has been advised
                                                                                                      of its right to petition the Secretary.                  While other FAA documents have
                                              Administrator of the FAA. Accordingly,
                                                                                                      Normally the Airport Sponsor will have                 referred to the location of a runway,
                                              any petition under this statutory
                                                                                                      notified each of the communities prior                 none have defined the term. Because the
                                              provision should be addressed to the
                                                                                                      to the publication of an FEIS, allowing                term is similar to the term ‘‘location of
                                              Associate Administrator for the Office of
                                                                                                      communities at least 30 days to prepare                an airport,’’ it is appropriate to define
                                              Airports, 800 Independence Avenue                                                                              the terms in a similar manner. For
                                              SW., Washington, DC 20591.                              and file a petition.3 The thirty-day time
                                                                                                      to file ensures that communities without               purposes of Section 47106(c)(1)(A)(ii),
                                              B. Form and Substance                                   voting representation on the airport                   location of a runway refers to decisions
                                                 The statute does not prescribe any                   management board have the same                         approving the site of a new or relocated
                                              specific format prescribed for the                      ability to object to or provide input on               runway where a runway does not
                                                                                                      a project prior to a final decision that               currently exist.
                                              submission of a petition. The petition
                                              should be a concise statement                           grant-related preconditions have been                  (3) Major Runway Extension
                                              describing the project to which the                     met as those communities that do have
                                                                                                      voting representation on the airport                      Order 5050.4B defines a major
                                              petitioner objects, and clearly indicating                                                                     runway extension as one that creates a
                                              the petitioner’s specific objection to the              management board. Additionally, the
                                                                                                      30-day period coincides with the                       significant impact to an affected
                                              project. The petition must also include                                                                        environmental resource (including
                                              a description of the result the petitioner              Council on Environmental Quality’s
                                                                                                      (CEQ) requirement that imposes a 30-                   noise), or one that permanently removes
                                              is seeking. The petition should normally                                                                       a relocated threshold.4 Removal of a
                                              not exceed ten (10) pages. Upon                         day ‘‘cooling off’’ period on federal
                                                                                                      agencies between the publication of an                 dislocated threshold is not considered a
                                              application from the petitioner, the                                                                           runway extension.5 The definition of
                                              Administrator will consider extending                   FEIS and a Record of Decision (ROD).
                                                                                                      However, the FAA may also provide                      major runway extension that appears in
                                              the length of a petition for a large,                                                                          Order 5050.4B, ¶9.l will be used in
                                              complex project. Petitions must be                      notice that the sponsor has fulfilled the
                                                                                                      requirements of Section                                interpreting Section 47106(c)(1)(A)(ii).
                                              legible and must be signed by the
                                              petitioner(s), who must be a duly                       47106(c)(1)(A)(ii) through a Draft EA, a               (4) Communities in Which the Project Is
                                              authorized representative(s) of the                     Final EA, a Draft EIS, or via a separate               Located
                                              community (see Section III.D.4 of this                  Federal Register Notice. This type of
                                                                                                                                                               The term community is not defined in
                                              Federal Register notice). The FAA will                  FAA notice would also start the 30-day
                                                                                                                                                             the statute. In the enabling legislation,
                                                                                                      time limit for a community to file a
                                              not consider any petition that is not                                                                          this provision was entitled ‘‘Public
                                                                                                      petition pursuant to Section
                                              signed by the petitioner(s).                                                                                   Participation With Respect to Airport
                                                                                                      47106(c)(1)(A)(ii).
                                                                                                                                                             Projects.’’ The term ‘‘community’’ will
                                              C. Time To File a Petition
                                                                                                      D. Definitions                                         be defined as a jurisdictional authority,
                                                 A petition filed under section                                                                              that is, a political subdivision of a state,
                                              47106(c)(1)(A)(ii) should be filed only                 (1) Location of an Airport
                                                                                                                                                             such as a town, township, city, or
                                              after the Airport Sponsor notifies a                      For purposes of Section                              county. Defining community as a
                                              community of its right to file a petition.              47106(c)(1)(A)(ii), location of an airport             jurisdictional authority is consistent
                                                 Petitions to the Secretary pursuant to               means approval of an airport at a                      with the context of Section 47106(c).
                                              Section 47106(c)(1)(A)(ii) must be                      location where no airport exists. This                 For example, in subsection (A)(i) the
                                              submitted within thirty (30) days after                 definition is consistent with the                      statute speaks of ‘‘objectives of any
                                              the FAA gives notice that the sponsor                   definition of the term airport location                planning that the community has
                                              has presented evidence that the                         approval found in FAA Order 5050.4B,                   carried out.’’ Typically, only political
                                              requirements of Section                                 National Environmental Policy Act                      subdivisions of a state, such as those
                                              47106(c)(1)(A)(ii) have been fulfilled.                 (NEPA) Implementing Instructions for                   described above, would have planning
                                              Although the environmental analysis                     Airport Actions (April 2006). Order                    authority. Similarly, in the FAA’s
                                              and the grant decisions are separate                    5050.4B defines airport location                       experience, only a jurisdictional
                                              processes and decision, grant-related                   approval as approval of a new public                   authority or political subdivision would
                                              findings that are preconditions of                      use airport at a location where no                     be considered for voting representation
                                                                                                      airport exists. (Order 5050.4B, ¶¶ 9.p                 on the airport’s governing authority. It is
                                                2 As a starting point, the FAA notes that it is
                                                                                                                                                             only in the absence of such voting
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                                              unable to locate any legislative history for Section       3 Should the FAA prepare an Environmental
                                                                                                                                                             representation of a jurisdictional
                                              47106(c) that would be helpful in determining the       Assessment (EA) for a project to which
                                              Congressional intent with respect with                  § 47106(c)(1)(A)(ii) applies, or an EIS under MAP–
                                                                                                                                                             authority or political subdivision that
                                              requirements of the statute. In interpreting this       21, Section 1319, the time to file a petition to the
                                              section, the Secretary is guided by context and the                                                              4 A relocated threshold leaves the pavement
                                                                                                      Secretary will begin to run when the community is
                                              common meaning of the terms as informed by his          informed of its right to file such a petition by the   usable only for taxiing.
                                              understanding of airports and the airport               airport sponsor and will expire 30 days after such       5 Pavement beyond a dislocated threshold is

                                              development process.                                    notification.                                          available for takeoff.



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                                              46382                         Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices

                                              the statute provides the opportunity to                 changes to the Airport Layout Plan                    ADDRESSES:   Copies of the ROD may be
                                              petition the Secretary.                                 (ALP) and compliance with the National                viewed during regular business hours at
                                                 Defining community as a                              Environmental Policy Act (NEPA).                      the following locations:
                                              jurisdictional authority or political                      The FAA interprets 49 U.S.C. Section                  1. Federal Aviation Administration
                                              subdivision is also consistent with the                 47106(c)(1)(A)(ii) as not being                       Airports Division, Suite 315, 1601 Lind
                                              definition of community in Order                        applicable to a project approved and                  Avenue SW., Renton, WA 98057.
                                              5050.4B, ¶1203(b)(1).                                   administered as part of a state block                    2. Federal Aviation Administration,
                                                 Accordingly, only a political                        grant. The plain language of this                     Airports District Office, Suite 224,
                                              subdivision of a state that enjoys general              statutory provision states that this                  26805 East 68th Avenue, Denver, CO
                                              jurisdiction, or a Tribal government                    Section is triggered when a proponent                 80249.
                                              meets the definition of community in                    submits a project grant application to                   3. San Juan County Courthouse,
                                              this context. Political subdivisions of a               the FAA. In the case of the SBGP, no                  County Executive Office, 117 S. Main,
                                              state that have a specific, substantive                 such request is made as the funds are                 Monticello, Utah 84535.
                                              authority, such as water districts or                   given to the states as a block and the                   The ROD will also be available on the
                                              school districts, do not adequately                     state assumes responsibility for                      following Web site: http://
                                              represent the interests of the community                administering those funds. Participants               halls.crossing.airportnetwork.com/.
                                              at large. They are not required to                      in the SBGP are required to engage                    FOR FURTHER INFORMATION CONTACT:
                                              balance the interests of the whole                      communities according to FAA                          Janell Barrilleaux, Environmental
                                              community on a wide range of issues.                    guidance and to circulate the draft EA                Program Manager, Federal Aviation
                                              Rather, they seek to promote their
                                                                                                      if warranted. Some who have sought to                 Administration Airports Division,
                                              specific substantive interest.
                                                                                                      use this provision have argued that it                Northwest Mountain Region, 1601 Lind
                                              Additionally, water districts or school
                                                                                                      should apply to State Block Grant                     Avenue SW., Renton, WA 98057. Mrs.
                                              districts would not normally be invited
                                                                                                      projects. The FAA invites comments on                 Barrilleaux may be contacted during
                                              to sit on an airport management board.
                                                                                                      this interpretation.                                  business hours at (425) 227–2611
                                              Thus, only a political subdivision of a
                                              state which enjoys general jurisdiction                 F. Agency Response                                    (phone), (425) 227–1600 (fax), or via
                                              is a community entitled to file a petition                                                                    email at Janell.Barrilleaux@faa.gov.
                                              under Section 47106(c)(1)(A)(ii).                          The FAA will provide a written                     SUPPLEMENTARY INFORMATION: The Halls
                                                 Finally, under the statute, a                        response to a petition to the Secretary.              Crossing replacement airport was
                                              community is only eligible to petition                  The FAA may respond by outlining the                  originally proposed in 1966 due to the
                                              under Section 47106(c)(1)(A)(ii) if the                 issues raised in the petition and                     inadequacy of the existing Halls
                                              project is located in the community. If                 providing its responses either within the             Crossing airstrip. After completion of
                                              land is disturbed in the community,                     environmental record of decision, or it               numerous planning studies, the Federal
                                              then the project is considered to be                    may elect to respond in a separate                    Aviation Administration completed an
                                              located in that community. The courts                   document.                                             Environmental Impact Statement (EIS)
                                              have also provided instruction on when                    Authority: 49 U.S.C. 47106(c)(1)(A)(ii), 14         (June, 1990) with the cooperation of the
                                              a project is located in a community. In                 CFR part 1.                                           National Park Service (NPS) and the
                                              City of Bridgeton v. FAA, 212 F. 3d 448                   Issued in Washington, DC, on July 29,               Bureau of Land Management (BLM). A
                                              (8th Cir. 2000), the court determined                   2015.                                                 Record of Decision (ROD) was issued in
                                              that a community in which there was no                  Elliott Black,                                        August 1990 approving the
                                              construction and no significant noise                   Director, Office of Airport Planning and              development of what is now named the
                                              impact could not challenge the failure to               Programming APP–001.                                  Cal Black Memorial Airport.
                                              notify it that it could petition the                    [FR Doc. 2015–19144 Filed 8–3–15; 8:45 am]
                                                                                                                                                            Concurrently, the BLM approved an
                                              Secretary. Thus, outside the                                                                                  amendment of a land plan which
                                                                                                      BILLING CODE 4910–13–P
                                              construction context, a project may be                                                                        allowed the conveyance of land to San
                                              located in a community only if the                                                                            Juan County for the construction of the
                                              project will have a significant impact on               DEPARTMENT OF TRANSPORTATION                          new airport.
                                              the community. For example, where a                                                                              In 1990, the National Parks
                                              project will cause a significant noise                  Federal Aviation Administration                       Conservation Association (NPCA),1 et
                                              impact on a community, the project is                                                                         al.2 brought suit concerning the
                                              located in that community. If the project               Notice of Availability of the Record of               adequacy of the 1990 Final EIS and the
                                              does not create a significant impact in                 Decision (ROD) for the Cal Black                      adequacy of the BLM plan amendment
                                              the community, the community will                       Memorial Airport, Halls Crossing                      and land transfer process. In its July 7,
                                              have no right to petition the Secretary.                Replacement Airport                                   1993 decision, the U.S. Court of Appeals
                                                                                                                                                            for the Tenth Circuit concluded that
                                              E. Other Considerations                                 AGENCY: Federal Aviation                              ‘‘the action of FAA approving the
                                                There are currently ten states that                   Administration (FAA), DOT.                            project based on a finding of ‘no
                                              participate in the FAA’s State Block                    ACTION: Notice of Availability.                       significant impact’ and ‘no significant
                                              Grant Program (SBGP). Under the                                                                               adverse impact’ [was] arbitrary and
                                              program, the State agency (usually the                  SUMMARY:   In accordance with the                     capricious.’’ The court proceeding
                                              aviation division of the state                          National Environmental Policy Act of                  stated:
                                              Department of Transportation) assumes                   1969 (NEPA, 42 U.S.C. 4321 et seq.) and
tkelley on DSK3SPTVN1PROD with NOTICES




                                              responsibility for administering AIP                    Council on Environmental Quality                        1 Note: The title of the organization as
                                              grants and if applicable, discretionary                 regulations (40 CFR parts 1500–1508),                 documented in the 1993 United States Court of
                                              grants for non-primary airports. See 49                 the Federal Aviation Administration                   Appeals case National Parks Conservation
                                              U.S.C. Section 47128. As part of the                    announces the availability of the Record              Association, et al. v Federal Aviation
                                                                                                                                                            Administration, et al.
                                              responsibility, the state assumes various               of Decision for the Cal Black Memorial                  2 Other parties to the suit included the Southern
                                              responsibilities for the FAA including                  Airport, replacement airport for the                  Utah Wilderness Alliance, the Sierra Club, and
                                              reviewing and approving proposed                        Halls Crossing Airport.                               Deborah L. Threedy.



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Document Created: 2015-12-18 14:51:54
Document Modified: 2015-12-18 14:51:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten comments must be received on or before October 5, 2015.
ContactMs. Daphne Fuller, Assistant Chief
FR Citation80 FR 46380 

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