81 FR 17756 - Guidance on the Procedures and Process To Petition the Secretary Under the Airport and Airway Improvement Act

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range		17756-17758
FR Document		2016-07165
This final policy establishes the procedures and processes to petition the Secretary under the Airport and Airway Improvement Act 49 U.S.C. 47106(c)(1)(A)(ii). The Federal Aviation Administration (FAA) issued guidance on the procedures and process to petition the Secretary under 49 U.S.C. 47106(c)(1)(A)(ii) in the Federal Register on August 4, 2015. 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 Airway Improvement Act.
Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17756-17758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07165]


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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 Airway Improvement Act

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of final policy.

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SUMMARY: This final policy establishes the procedures and processes to 
petition the Secretary under the Airport and Airway Improvement Act 49 
U.S.C. 47106(c)(1)(A)(ii). The Federal Aviation Administration (FAA) 
issued guidance on the procedures and process to petition the Secretary 
under 49 U.S.C. 47106(c)(1)(A)(ii) in the Federal Register on August 4, 
2015. 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 Airway Improvement Act.

DATES: Effective Date: The Guidance becomes effective immediately upon 
publication in the Federal Register.

SUPPLEMENTARY INFORMATION: By Federal Register Notice issued on August 
4, 2015 (80 FR 46380), the FAA notified the public of the issuance for 
public comment of proposed Guidance on the Procedures and Process to 
Petition the Secretary under the Airports and Airway Improvement Act. 
FAA requested comments, suggestions and recommendations that would 
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). The Notice called for public comments to be 
received by FAA on or before October 5, 2015. No comments were received 
by that date. Other than editorial changes and one minor clarification, 
this final Guidance is identical to the proposed guidance.

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, Public Law 102-581. Section 113(b), 
Public Access and Participation with Respect to Airport

[[Page 17757]]

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 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).

III. Final 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 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 Secretary 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 decisions, grant-related findings that are preconditions of issuing 
a grant are often made in the environmental Record of Decision (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.\2\ 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 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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    \2\ 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

[[Page 17758]]

a relocated threshold.\3\ Removal of a dislocated threshold is not 
considered a runway extension.\4\ 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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    \3\ A relocated threshold leaves the pavement usable only for 
taxiing.
    \4\ 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 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 for 
non-primary airports (including several categories of AIP funds). 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 generally 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 because most of the funds are given to 
the states as a block (except for AIP Discretionary funds), 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. However, in 
cases where the project may involve a request for AIP Discretionary 
funding, or other extraordinary circumstances, the FAA may determine 
that a community meeting the requirements set forth herein may have the 
right to petition the Secretary in connection with an AIP grant. 
Petitions involving a SBGP project must include facts describing the 
extraordinary circumstances that they believe justify the Secretary 
entertaining the petition.

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 
ROD, 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 March 22, 2016.
Elliott Black,
Director, Office of Airport Planning and Programming APP-001.
[FR Doc. 2016-07165 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-13-P
17756 Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices

relevant state and regional authorities. Establishment of a Rail Energy and clarity about who may petition the
The panel was established in 1992 to Transportation Advisory Committee, Secretary, when such a petition may be
advise the U.S. Section of the NPAFC on Docket No. EP 670. The purpose of this filed, how the petition may be made,
research needs and priorities for meeting is to continue discussions and the procedures and process to
anadromous species, such as salmon, regarding issues such as rail petition the Secretary under this Section
and ecologically related species performance, capacity constraints, of the Airport and Airway Improvement
occurring in the high seas of the North infrastructure planning and Act.
Pacific Ocean. The upcoming Panel development, and effective coordination DATES: Effective Date: The Guidance
meeting will focus on a review of the among suppliers, carriers, and users of becomes effective immediately upon
agenda for the 2016 annual meeting of energy resources. Potential agenda items publication in the Federal Register.
the NPAFC (May 16–20, 2016; Busan, for this meeting include a performance SUPPLEMENTARY INFORMATION: By
Republic of Korea). Background material measures review, industry segment Federal Register Notice issued on
is available from the point of contact updates by RETAC members, and a August 4, 2015 (80 FR 46380), the FAA
noted above and by visiting roundtable discussion. notified the public of the issuance for
www.npafc.org. The meeting, which is open to the public comment of proposed Guidance
Dated: March 22, 2016. public, will be conducted in accordance on the Procedures and Process to
with the Federal Advisory Committee Petition the Secretary under the
William Gibbons-Fly,
Act, 5 U.S.C. app. 2; Federal Advisory Airports and Airway Improvement Act.
Director, Office of Marine Conservation,
Committee Management regulations, 41 FAA requested comments, suggestions
Department of State.
CFR pt. 102–3; RETAC’s charter; and and recommendations that would assist
[FR Doc. 2016–07178 Filed 3–29–16; 8:45 am]
Board procedures. Further the agency in assessing and
BILLING CODE 4710–09–P
communications about this meeting may understanding the potential effects and
be announced through the Board’s Web implications of providing guidance on
site at WWW.STB.DOT.GOV. the procedures for and process of the
SURFACE TRANSPORTATION BOARD Written Comments: Members of the
right to petition the Secretary under 49
[STB Docket No. EP 670 (Sub-No. 1)] public may submit written comments to
U.S.C. Section 47106(c)(1)(A)(ii). The
RETAC at any time. Comments should
Notice called for public comments to be
Notice of Rail Energy Transportation be addressed to RETAC, c/o Katherine
received by FAA on or before October
Advisory Committee Meeting Bourdon, Surface Transportation Board,
5, 2015. No comments were received by
395 E Street SW., Washington, DC
AGENCY: Surface Transportation Board. that date. Other than editorial changes
20423–0001 or Katherine.Bourdon@
ACTION:Notice of Rail Energy and one minor clarification, this final
stb.dot.gov.
Transportation Advisory Committee Guidance is identical to the proposed
Authority: 49 U.S.C. 1321, 49 U.S.C. guidance.
meeting. 11101; 49 U.S.C. 11121.
I. Background
SUMMARY: Notice is hereby given of a Decided: March 24, 2016.
meeting of the Rail Energy By the Board, Joseph H. Dettmar, Acting In 1982, Congress enacted the Airport
Transportation Advisory Committee Director, Office of Proceedings. and Airway Improvement Act (AAIA)
(RETAC), pursuant to the Federal Brendetta S. Jones, (Pub. L. 97–248). Relevant portions of
Advisory Committee Act (FACA), 5 Clearance Clerk. the AAIA are codified in 49 U.S.C.
U.S.C. app. 2 10(a)(2). [FR Doc. 2016–07122 Filed 3–29–16; 8:45 am]
Chapter 471, Subchapter I, Airport
DATES: The meeting will be held on Improvement. The AAIA, among other
BILLING CODE 4915–01–P
Friday, April 15, 2016, at 9:00 a.m. items, established the current-day
C.D.T. Airport Improvement Program (AIP) that
is administered by the FAA’s Office of
ADDRESSES: The meeting will be held at DEPARTMENT OF TRANSPORTATION Airports. Through the AIP, the FAA
the BNSF Railway Corporate provides grants to public agencies—and,
Headquarters at 2650 Lou Menk Drive, Federal Aviation Administration
in limited cases, to private airport
Fort Worth, Texas 76131–2830. [Docket No. FAA–2015–2836] owners and operators—for the planning
Members of the public who wish to and development of public-use airports
attend are encouraged to contact Guidance on the Procedures and that are included in the National Plan of
Katherine Bourdon (see contact Process To Petition the Secretary Integrated Airport Systems (NPIAS).
information below) in advance to avoid Under the Airport and Airway The current AIP program built on earlier
delays in security processing on the day Improvement Act grant programs that are funded through
of the meeting. a variety of user fees and fuel taxes. For
AGENCY: Federal Aviation
FOR FURTHER INFORMATION CONTACT: more information on the history of the
Administration (FAA), DOT.
Katherine Bourdon (202) 245–0285; AIP and predecessor grant programs, see
ACTION: Notice of final policy.
Katherine.Bourdon@stb.dot.gov. http://www.faa.gov/airports/aip/.
[Assistance for the hearing impaired is SUMMARY: This final policy establishes The AAIA also provides certain
available through the Federal the procedures and processes to petition prerequisites and conditions that an
Information Relay Service (FIRS) at: the Secretary under the Airport and airport sponsor must meet in order to be
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(800) 877–8339.] Airway Improvement Act 49 U.S.C. eligible for consideration of AIP
SUPPLEMENTARY INFORMATION: RETAC 47106(c)(1)(A)(ii). The Federal Aviation funding. In 1992, Congress amended
was formed in 2007 to provide advice Administration (FAA) issued guidance various provisions of the AAIA with the
and guidance to the Board, and to serve on the procedures and process to Airport and Airway Safety, Capacity,
as a forum for discussion of emerging petition the Secretary under 49 U.S.C. Noise Improvement, and Intermodal
issues related to the transportation of 47106(c)(1)(A)(ii) in the Federal Transportation Act, Public Law 102–
energy resources by rail, including coal, Register on August 4, 2015. This 581. Section 113(b), Public Access and
ethanol, and other biofuels, guidance is intended to provide detail Participation with Respect to Airport

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Projects, amended Section 509(b)(6)(A) concise statement describing the project met as those communities that do have
of the AAIA (49 U.S.C. 47106(c)(1)(A)) to which the petitioner objects, and voting representation on the airport
by inserting the following: clearly indicating the petitioner’s management board. Additionally, the
(ii) the sponsor of the project certifies to specific objection to the project. The 30-day period coincides with the
the Secretary that the airport management petition must also include a description Council on Environmental Quality’s
board either has voting representation from of the result the petitioner is seeking. (CEQ) requirement that imposes a 30-
the communities where the project is located The petition should normally not day ‘‘cooling off’’ period on federal
or has advised the communities that they exceed ten (10) pages. Upon application agencies between the publication of an
have the right to petition the Secretary from the petitioner, the Secretary will FEIS and a ROD. However, the FAA
concerning a proposed project. consider extending the length of a may also provide notice that the sponsor
The Secretary of the U.S. Department petition for a large, complex project. has fulfilled the requirements of Section
of Transportation has delegated the Petitions must be legible and must be 47106(c)(1)(A)(ii) through a Draft EA, a
responsibility to respond to a petition signed by the petitioner(s), who must be Final EA, a Draft EIS, or via a separate
under Section 47106 to the a duly authorized representative(s) of Federal Register Notice. This type of
Administrator of the FAA, 49 CFR the community (see Section III.D.4 of FAA notice would also start the 30-day
1.83(a)(9). The Administrator has this Federal Register notice). The FAA time limit for a community to file a
further delegated the authority to will not consider any petition that is not petition pursuant to Section
administer this provision to the signed by the petitioner(s). 47106(c)(1)(A)(ii).
Associate Administrator for the Office of
C. Time To File a Petition D. Definitions
Airports (ARP–1). Order 1100.154A.1
The requirement for a sponsor to A petition filed under section
47106(c)(1)(A)(ii) should be filed only (1) Location of an Airport
provide such certification to the FAA is
incorporated into FAA Order 5050.4B, after the Airport Sponsor notifies a For purposes of Section
National Environmental Policy Act community of its right to file a petition. 47106(c)(1)(A)(ii), location of an airport
(NEPA) Implementing Instructions for Petitions to the Secretary pursuant to means approval of an airport at a
Airport Actions, par. 1203. Section 47106(c)(1)(A)(ii) must be location where no airport exists. This
submitted within thirty (30) days after definition is consistent with the
II. Purpose the FAA gives notice that the sponsor definition of the term airport location
After receiving a small number of has presented evidence that the
approval found in FAA Order 5050.4B,
submissions under this provision, the requirements of Section
National Environmental Policy Act
Associate Administrator for the Office of 47106(c)(1)(A)(ii) have been fulfilled.
(NEPA) Implementing Instructions for
Airports has determined it would be Although the environmental analysis
Airport Actions (April 2006). Order
helpful and appropriate to provide the and the grant decisions are separate
5050.4B defines airport location
public with more guidance on the processes and decisions, grant-related
approval as approval of a new public
procedures and processes associated findings that are preconditions of
use airport at a location where no
with this provision: issuing a grant are often made in the
airport exists. (Order 5050.4B, ¶¶ 9.p
The Secretary may approve an application
environmental Record of Decision
and 203). In interpreting Section
under this subchapter for an airport (ROD). Typically, the FAA demonstrates
47106(c)(1)(A)(ii), it is appropriate to be
development project involving the location of that the sponsor has satisfied the
requirements of Section consistent with other FAA
an airport or runway or a major runway
extension only if the sponsor certifies to the 47106(c)(1)(A)(ii) in its Final interpretations of similar terms.
Secretary that the airport management board Environmental Impact Statement (FEIS). Defining the term location of an airport
has voting representation from the Generally, the FEIS will contain a consistently with the definition in the
communities in which the project is located certification from the Airport Sponsor most current version of Order 5050.4B
or has advised the communities that they
either that each community in which avoids confusion that could be caused
have the right to petition the Secretary about by applying different definitions
a proposed project[.] the project is located has a voting
member on its airport management depending on the circumstances of the
49 U.S.C. Section 47106(c)(1)(A)(ii). board, or that each community in which inquiry.
III. Final Guidance the project is located has been advised (2) Location of a Runway
of its right to petition the Secretary.
A. Where To File Normally the Airport Sponsor will have While other FAA documents have
The Secretary of the U.S. Department notified each of the communities prior referred to the location of a runway,
of Transportation has delegated the to the publication of an FEIS, allowing none have defined the term. Because the
responsibility to respond to a petition communities at least 30 days to prepare term is similar to the term ‘‘location of
under Section 47106 to the and file a petition.2 The thirty-day time an airport,’’ it is appropriate to define
Administrator of the FAA. Accordingly, to file ensures that communities without the terms in a similar manner. For
any petition under this statutory voting representation on the airport purposes of Section 47106(c)(1)(A)(ii),
provision should be addressed to the management board have the same location of a runway refers to decisions
Associate Administrator for the Office of ability to object to or provide input on approving the site of a new or relocated
Airports, 800 Independence Avenue a project prior to a final decision that runway where a runway does not
asabaliauskas on DSK3SPTVN1PROD with NOTICES

SW., Washington, DC 20591. grant-related preconditions have been currently exist.
B. Form and Substance 2 Should the FAA prepare an Environmental (3) Major Runway Extension
The statute does not prescribe any Assessment (EA) for a project to which
§ 47106(c)(1)(A)(ii) applies, or an EIS under MAP– Order 5050.4B defines a major
specific format for the submission of a
21, Section 1319, the time to file a petition to the runway extension as one that creates a
petition. The petition should be a Secretary will begin to run when the community is significant impact to an affected
informed of its right to file such a petition by the
1 For clarity, this guidance will continue to use airport sponsor and will expire 30 days after such
environmental resource (including
the term ‘‘Secretary’’ in this context. notification. noise), or one that permanently removes

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a relocated threshold.3 Removal of a under Section 47106(c)(1)(A)(ii) if the grant. Petitions involving a SBGP
dislocated threshold is not considered a project is located in the community. If project must include facts describing the
runway extension.4 The definition of land is disturbed in the community, extraordinary circumstances that they
major runway extension that appears in then the project is considered to be believe justify the Secretary entertaining
Order 5050.4B, ¶9.l will be used in located in that community. The courts the petition.
interpreting Section 47106(c)(1)(A)(ii). have also provided instruction on when
a project is located in a community. In F. Agency Response
(4) Communities in Which the Project Is City of Bridgeton v. FAA, 212 F. 3d 448 The FAA will provide a written
Located (8th Cir. 2000), the court determined response to a petition to the Secretary.
The term community is not defined in that a community in which there was no The FAA may respond by outlining the
the statute. In the enabling legislation, construction and no significant noise issues raised in the petition and
this provision was entitled ‘‘Public impact could not challenge the failure to providing its responses either within the
Participation With Respect to Airport notify it that it could petition the environmental ROD, or it may elect to
Projects.’’ The term ‘‘community’’ will Secretary. Thus, outside the respond in a separate document.
be defined as a jurisdictional authority, construction context, a project may be Authority: 49 U.S.C. 47106(c)(1)(A)(ii), 14
that is, a political subdivision of a state, located in a community only if the CFR part 1.
such as a town, township, city, or project will have a significant impact on
Issued in Washington, DC, on March 22,
county. Defining community as a the community. For example, where a 2016.
jurisdictional authority is consistent project will cause a significant noise
Elliott Black,
with the context of Section 47106(c). impact on a community, the project is
For example, in subsection (A)(i) the located in that community. If the project Director, Office of Airport Planning and
Programming APP–001.
statute speaks of ‘‘objectives of any does not create a significant impact in
the community, the community will [FR Doc. 2016–07165 Filed 3–29–16; 8:45 am]
planning that the community has
carried out.’’ Typically, only political have no right to petition the Secretary. BILLING CODE 4910–13–P

subdivisions of a state, such as those E. Other Considerations
described above, would have planning
There are currently ten states that DEPARTMENT OF TRANSPORTATION
authority. Similarly, in the FAA’s
experience, only a jurisdictional participate in the FAA’s State Block
Grant Program (SBGP). Under the Federal Highway Administration
authority or political subdivision would
be considered for voting representation program, the State agency (usually the [Docket No. FHWA–2016–0010]
on the airport’s governing authority. It is aviation division of the state
only in the absence of such voting Department of Transportation) assumes Agency Information Collection
representation of a jurisdictional responsibility for administering AIP Activities: Notice of Request for
authority or political subdivision that grants for non-primary airports Approval of a New Information
the statute provides the opportunity to (including several categories of AIP Collection
petition the Secretary. funds). See 49 U.S.C. Section 47128. As
AGENCY: Federal Highway
Defining community as a part of the responsibility, the state
Administration (FHWA), DOT.
jurisdictional authority or political assumes various responsibilities for the
FAA including reviewing and approving ACTION: Notice of request for approval of
subdivision is also consistent with the a new information collection.
definition of community in Order proposed changes to the Airport Layout
5050.4B, ¶1203(b)(1). Plan (ALP) and compliance with the SUMMARY: The FHWA has forwarded the
Accordingly, only a political National Environmental Policy Act information collection request described
subdivision of a state that enjoys general (NEPA).
in this notice to the Office of
The FAA interprets 49 U.S.C. Section
jurisdiction, or a Tribal government Management and Budget (OMB) for
47106(c)(1)(A)(ii) as not being generally
meets the definition of community in approval of a new information
applicable to a project approved and
this context. Political subdivisions of a collection. We published a Federal
administered as part of a state block
state that have a specific, substantive Register Notice with a 60-day public
grant. The plain language of this
authority, such as water districts or comment period on this information
statutory provision states that this
school districts, do not adequately collection on June 23, 2015. We are
Section is triggered when a proponent
represent the interests of the community required to publish this notice in the
submits a project grant application to
at large. They are not required to Federal Register by the Paperwork
the FAA. In the case of the SBGP, no
balance the interests of the whole Reduction Act of 1995.
such request is made because most of
community on a wide range of issues. the funds are given to the states as a DATES: Please submit comments by
Rather, they seek to promote their block (except for AIP Discretionary April 29, 2016.
specific substantive interest. funds), and the state assumes ADDRESSES: You may send comments
Additionally, water districts or school responsibility for administering those within 30 days to the Office of
districts would not normally be invited funds. Participants in the SBGP are Information and Regulatory Affairs,
to sit on an airport management board. required to engage communities Office of Management and Budget, 725
Thus, only a political subdivision of a according to FAA guidance and to 17th Street NW., Washington, DC 20503,
state which enjoys general jurisdiction circulate the draft EA if warranted. Attention DOT Desk Officer. You are
asabaliauskas on DSK3SPTVN1PROD with NOTICES

is a community entitled to file a petition However, in cases where the project asked to comment on any aspect of this
under Section 47106(c)(1)(A)(ii). may involve a request for AIP information collection, including: (1)
Finally, under the statute, a Discretionary funding, or other Whether the proposed collection is
community is only eligible to petition extraordinary circumstances, the FAA necessary for the FHWA’s performance;
3 A relocated threshold leaves the pavement
may determine that a community (2) the accuracy of the estimated
usable only for taxiing. meeting the requirements set forth burden; (3) ways for the FHWA to
4 Pavement beyond a dislocated threshold is herein may have the right to petition the enhance the quality, usefulness, and
available for takeoff. Secretary in connection with an AIP clarity of the collected information; and

VerDate Sep<11>2014 18:06 Mar 29, 2016 Jkt 238001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\30MRN1.SGM 30MRN1
Document Created: 2016-03-30 09:28:38
Document Modified: 2016-03-30 09:28:38
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final policy.
FR Citation		81 FR 17756
81 FR 17756 - Guidance on the Procedures and Process To Petition the Secretary Under the Airport and Airway Improvement Act

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 61 (March 30, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
