82 FR 60467 - Notice of Opportunity for Public Comment on the Release of Deed Restrictions at the Yellowstone Airport, West Yellowstone, MT
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 243 (December 20, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60467-60468 | |
| FR Document | 2017-27420 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Notices] [Pages 60467-60468] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27420] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Opportunity for Public Comment on the Release of Deed Restrictions at the Yellowstone Airport, West Yellowstone, MT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Request to Release Deed Restrictions. ----------------------------------------------------------------------- SUMMARY: The FAA is considering a request from the State of Montana to release certain deed restrictions at the Yellowstone Airport, MT. DATES: Comments must be received on or before January 19, 2018. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Mr. William C. Garrison, Manager, Federal Aviation Administration, Northwest Mountain Region, Airports Division, Helena Airports District Office, 2725 Skyway Drive, Suite 2, Helena, Montana 59602. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Ms. Debbie Alke, Administrator, Montana Department of Transportation Aeronautics Division, at the following address: Ms. Debbie Alke, Administrator, Aeronautics Division, Montana Department of Transportation, P.O. Box 200507, Helena, MT 59620-0507. FOR FURTHER INFORMATION CONTACT: Mr. Steve Engebrecht, Civil Engineer/ Compliance Specialist, Federal Aviation Administration, Northwest Mountain Region, Helena Airports District Office, 2725 Skyway Drive, Suite 2, Helena, Montana 59602. The request to release deed restrictions may be reviewed, by appointment, in person at this same location. SUPPLEMENTARY INFORMATION: The FAA invites public comment on the request to release deed restrictions at the Yellowstone Airport under the provisions of the Title 49, U.S.C. Section 47125. The FAA Modernization and Reform Act of 2012, HR 658, Section 817, gave the Secretary of Transportation the authorization to grant an airport, city, or county release from any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to Section 16 of the Federal Airport Act (60 Stat. 179) or Section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232). Release of the deed restrictions at the Yellowstone Airport will allow the State of Montana the opportunity to consider additional revenue sources for maintaining and operating the airport. On October 25, 2017, the FAA determined that the request to release deed restrictions at the Yellowstone Airport submitted by the Montana Department of Transportation meets the procedural requirements of the Federal Aviation Administration. The FAA may approve the request, in whole or in part, after January 19, 2018. The following is a brief overview of the request: The Montana Department of Transportation is proposing the release of deed restrictions at the Yellowstone Airport from a Correction Deed issued on August 12, 1968. On October 7, 1963, a deed containing restrictions transferred the airport property from the United States to the State of Montana. The airport was built in 1963 as a cooperative effort between the United States Departments of the Interior and Agriculture, the Federal Aviation Administration (FAA), and the State of Montana. A subsequent Correction Deed (correcting the legal description) issued [[Page 60468]] on August 12, 1968 contains those same restrictions, under which the airport has operated for 50 years. In an effort to make the airport more economically viable, the State of Montana and the Montana Department of Transportation (MDT) request the following deed restrictions be removed:Deed Restriction 1. ``The State of Montana will use the lands herein conveyed for airport development.'': Requesting release of approximately 175 acres from this deed restriction in order to maintain financial viability by permitting possible development of these areas for non-airport development related purposes to generate new sources of income to operate and maintain the airport. Deed Restriction 6. ``That all facilities of the airport developed with Federal aid and all those useable for landing and take- off of aircraft will be available at all times without charge for use by the Department of Agriculture and Interior in the conduct of its official business in common with other aircraft.'': Requesting release of all airport property from this deed restriction in order to maintain financial viability by being permitted to charge for substantial use by the Department of Agriculture and Department of Interior aircraft, in compliance with Grant Assurance 27. Deed Restriction 7. ``That no commercial overnight facilities, such a motels, hotels, or private residences will be constructed on the property herein conveyed.'': Requesting release of approximately 65 acres from this deed restriction in order to maintain financial viability by permitting possible development of commercial overnight facilities and generate new sources of income to operate and maintain the airport. MDT understands that residential development is non-compliant with its federal grant assurances and has no intention of allowing private residences to be constructed on airport property. Deed Restriction 8. ``That commercial advertising signs will be prohibited within the airport access road area.'': Requesting release of approximately 65 acres from this deed restriction in order to maintain financial viability by permitting possible development of commercial advertising signs within the airport access road area and generate new sources of income to operate and maintain the airport. If the deed restrictions are released, prior to moving forward with any associated non-aeronautical development, MDT understands it will still be required to: Obtain a release from federal obligation to change the designated use of the property from aeronautical to non- aeronautical use, comply with National Environmental Policy Act (NEPA), and undergo an aeronautical study through the 7460-1 process. Any person may inspect, by appointment, the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon appointment and request, inspect the request to release deed restrictions and other documents germane to the request in person at the Yellowstone Airport. Issued in Helena, Montana, on December 7, 2017. William C. Garrison, Manager, Helena Airports District Office. [FR Doc. 2017-27420 Filed 12-19-17; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices 60467
1152.50(d)(1) (notice to governmental impaired is available through the Aeronautics Division, at the following
agencies) have been met. Federal Information Relay Service at address: Ms. Debbie Alke,
As a condition to this exemption, any (800) 877–8339. Comments on Administrator, Aeronautics Division,
employee adversely affected by the environmental and historic preservation Montana Department of Transportation,
abandonment shall be protected under matters must be filed within 15 days P.O. Box 200507, Helena, MT 59620–
Oregon Short Line Railroad— after the EA becomes available to the 0507.
Abandonment Portion Goshen Branch public. FOR FURTHER INFORMATION CONTACT: Mr.
Between Firth & Ammon, in Bingham & Environmental, historic preservation, Steve Engebrecht, Civil Engineer/
Bonneville Counties, Idaho, 360 I.C.C. public use, or trail use/rail banking Compliance Specialist, Federal Aviation
91 (1979). To address whether this conditions will be imposed, where Administration, Northwest Mountain
condition adequately protects affected appropriate, in a subsequent decision. Region, Helena Airports District Office,
employees, a petition for partial Pursuant to the provisions of 49 CFR 2725 Skyway Drive, Suite 2, Helena,
revocation under 49 U.S.C. 10502(d) 1152.29(e)(2), CSXT shall file a notice of Montana 59602.
must be filed. consummation with the Board to signify The request to release deed
Provided no formal expression of that it has exercised the authority restrictions may be reviewed, by
intent to file an offer of financial granted and fully abandoned the Line. appointment, in person at this same
assistance (OFA) has been received, this If consummation has not been location.
exemption will be effective on January effected by CSXT’s filing of a notice of
SUPPLEMENTARY INFORMATION: The FAA
19, 2018, unless stayed pending consummation by December 20, 2018,
reconsideration. Petitions to stay that do and there are no legal or regulatory invites public comment on the request
not involve environmental issues,1 barriers to consummation, the authority to release deed restrictions at the
formal expressions of intent to file an to abandon will automatically expire. Yellowstone Airport under the
OFA under 49 CFR 1152.27(c)(2),2 and Board decisions and notices are provisions of the Title 49, U.S.C.
interim trail use/rail banking requests available on our website at Section 47125.
The FAA Modernization and Reform
under 49 CFR 1152.29 must be filed by WWW.STB.GOV.
Act of 2012, HR 658, Section 817, gave
December 29, 2017. Petitions to reopen Decided: December 15, 2017. the Secretary of Transportation the
or requests for public use conditions By the Board, Scott M. Zimmerman, Acting authorization to grant an airport, city, or
under 49 CFR 1152.28 must be filed by Director, Office of Proceedings. county release from any of the terms,
January 9, 2018, with the Surface Jeffrey Herzig, conditions, reservations, or restrictions
Transportation Board, 395 E Street SW,
Clearance Clerk. contained in a deed under which the
Washington, DC 20423–0001.3
A copy of any petition filed with the [FR Doc. 2017–27419 Filed 12–19–17; 8:45 am] United States conveyed to the airport,
Board should be sent to Louis E. BILLING CODE 4915–01–P city, or county an interest in real
Gitomer, Law Offices of Louis E. property for airport purposes pursuant
Gitomer, LLC, 600 Baltimore Avenue, to Section 16 of the Federal Airport Act
Suite 301, Towson, MD 21204. DEPARTMENT OF TRANSPORTATION (60 Stat. 179) or Section 23 of the
If the verified notice contains false or Airport and Airway Development Act of
misleading information, the exemption Federal Aviation Administration 1970 (84 Stat. 232).
Release of the deed restrictions at the
is void ab initio.
Notice of Opportunity for Public Yellowstone Airport will allow the State
CSXT has filed a combined
Comment on the Release of Deed of Montana the opportunity to consider
environmental and historic report that
Restrictions at the Yellowstone additional revenue sources for
addresses the effects, if any, of the
Airport, West Yellowstone, MT maintaining and operating the airport.
abandonment on the environment and
On October 25, 2017, the FAA
historic resources. OEA will issue an AGENCY: Federal Aviation determined that the request to release
environmental assessment (EA) by Administration (FAA), DOT. deed restrictions at the Yellowstone
December 26, 2017. Interested persons ACTION: Notice of Request to Release Airport submitted by the Montana
may obtain a copy of the EA by writing Deed Restrictions. Department of Transportation meets the
to OEA (Room 1100, Surface
procedural requirements of the Federal
Transportation Board, Washington, DC SUMMARY: The FAA is considering a
Aviation Administration. The FAA may
20423–0001) or by calling OEA at (202) request from the State of Montana to
approve the request, in whole or in part,
245–0305. Assistance for the hearing release certain deed restrictions at the
after January 19, 2018.
Yellowstone Airport, MT. The following is a brief overview of
1 The Board will grant a stay if an informed
DATES: Comments must be received on the request:
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
or before January 19, 2018. The Montana Department of
Analysis (OEA) in its independent investigation) ADDRESSES: Comments on this Transportation is proposing the release
cannot be made before the exemption’s effective application may be mailed or delivered of deed restrictions at the Yellowstone
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
to the FAA at the following address: Mr. Airport from a Correction Deed issued
be filed as soon as possible so that the Board may William C. Garrison, Manager, Federal on August 12, 1968. On October 7, 1963,
take appropriate action before the exemption’s Aviation Administration, Northwest a deed containing restrictions
effective date. Mountain Region, Airports Division, transferred the airport property from the
2 Each OFA must be accompanied by the filing
Helena Airports District Office, 2725 United States to the State of Montana.
sradovich on DSK3GMQ082PROD with NOTICES
fee, which is currently set at $1,800. See
Regulations Governing Fees for Servs. Performed in Skyway Drive, Suite 2, Helena, Montana The airport was built in 1963 as a
Connection with Licensing & Related Servs.—2017 59602. cooperative effort between the United
Update, EP 542 (Sub-No. 25), slip op. App. C at 20 In addition, one copy of any States Departments of the Interior and
(STB served July 28, 2017). comments submitted to the FAA must Agriculture, the Federal Aviation
3 CSXT states that the Line may be suitable for
other public purposes but may be subject to
be mailed or delivered to Ms. Debbie Administration (FAA), and the State of
reversionary interests that may affect transfer of title Alke, Administrator, Montana Montana. A subsequent Correction Deed
for purposes other than rail. Department of Transportation (correcting the legal description) issued
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![60468 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices
on August 12, 1968 contains those same designated use of the property from Activities Division, Office of the
restrictions, under which the airport has aeronautical to non-aeronautical use, Comptroller of the Currency, Attention:
operated for 50 years. In an effort to comply with National Environmental 1557–0224, 400 7th Street SW, Suite
make the airport more economically Policy Act (NEPA), and undergo an 3E–218, Washington, DC 20219. In
viable, the State of Montana and the aeronautical study through the 7460–1 addition, comments may be sent by fax
Montana Department of Transportation process. to (571) 465–4326 or by electronic mail
(MDT) request the following deed Any person may inspect, by to prainfo@occ.treas.gov. You may
restrictions be removed: appointment, the request in person at personally inspect and photocopy
• Deed Restriction 1. ‘‘The State of the FAA office listed above under FOR comments at the OCC, 400 7th Street
Montana will use the lands herein FURTHER INFORMATION CONTACT. SW, Washington, DC 20219. For
conveyed for airport development.’’: In addition, any person may, upon security reasons, the OCC requires that
Requesting release of approximately 175 appointment and request, inspect the visitors make an appointment to inspect
acres from this deed restriction in order request to release deed restrictions and comments. You may do so by calling
to maintain financial viability by other documents germane to the request (202) 649–6700 or, for persons who are
permitting possible development of in person at the Yellowstone Airport. deaf or hearing impaired, TTY, (202)
these areas for non-airport development 649–5597. Upon arrival, visitors will be
Issued in Helena, Montana, on December 7,
related purposes to generate new 2017. required to present valid government-
sources of income to operate and issued photo identification and submit
William C. Garrison,
maintain the airport. to security screening in order to inspect
• Deed Restriction 6. ‘‘That all Manager, Helena Airports District Office.
and photocopy comments.
facilities of the airport developed with [FR Doc. 2017–27420 Filed 12–19–17; 8:45 am]
All comments received, including
Federal aid and all those useable for BILLING CODE 4910–13–P
attachments and other supporting
landing and take-off of aircraft will be materials, are part of the public record
available at all times without charge for and subject to public disclosure. Do not
use by the Department of Agriculture DEPARTMENT OF THE TREASURY include any information in your
and Interior in the conduct of its official comment or supporting materials that
business in common with other Office of the Comptroller of the
you consider confidential or
aircraft.’’: Requesting release of all Currency
inappropriate for public disclosure.
airport property from this deed Additionally, please send a copy of
restriction in order to maintain financial Agency Information Collection
Requirements: Information Collection your comments by mail to: OCC Desk
viability by being permitted to charge Officer, 1557–0224, U.S. Office of
for substantial use by the Department of Renewal; Submission for OMB Review;
Debt Cancellation Contracts and Debt Management and Budget, 725 17th
Agriculture and Department of Interior Street NW, #10235, Washington, DC
aircraft, in compliance with Grant Suspension Agreements
20503 or by email to: oira submission@
Assurance 27. AGENCY: Office of the Comptroller of the omb.eop.gov.
• Deed Restriction 7. ‘‘That no Currency (OCC), Treasury.
commercial overnight facilities, such a FOR FURTHER INFORMATION CONTACT:
motels, hotels, or private residences will ACTION: Notice and request for comment. Shaquita Merritt, OCC Clearance
be constructed on the property herein Officer, (202) 649–5490 or, for persons
SUMMARY: The OCC, as part of its who are deaf hearing impaired, TTY,
conveyed.’’: Requesting release of continuing effort to reduce paperwork
approximately 65 acres from this deed (202) 649–5597, Legislative and
and respondent burden, invites the Regulatory Activities Division, Office of
restriction in order to maintain financial general public and other federal
viability by permitting possible the Comptroller of the Currency, 400 7th
agencies to take this opportunity to Street SW, Washington, DC 20219.
development of commercial overnight comment on a continuing information
facilities and generate new sources of SUPPLEMENTARY INFORMATION: Under the
collection as required by the Paperwork
income to operate and maintain the PRA (44 U.S.C. 3501–3520), federal
Reduction Act of 1995 (PRA).
airport. MDT understands that agencies must obtain approval from
In accordance with the requirements
residential development is non- OMB for each collection of information
of the PRA, the OCC may not conduct
compliant with its federal grant they conduct or sponsor. ‘‘Collection of
or sponsor, and the respondent is not
assurances and has no intention of information’’ is defined in 44 U.S.C.
required to respond to, an information
allowing private residences to be 3502(3) and 5 CFR 1320.3(c) to include
collection unless it displays a currently
constructed on airport property. agency requests or requirements that
valid Office of Management and Budget
• Deed Restriction 8. ‘‘That members of the public submit reports,
(OMB) control number.
commercial advertising signs will be keep records, or provide information to
Currently, the OCC is soliciting
prohibited within the airport access a third party. The OCC is requesting that
comment concerning the renewal of an
road area.’’: Requesting release of OMB extend its approval of the
information collection titled ‘‘Debt
approximately 65 acres from this deed following collection.
Cancellation Contracts and Debt
restriction in order to maintain financial Title: Debt Cancellation Contracts and
Suspension Agreements.’’ The OCC also
viability by permitting possible Debt Suspension Agreements.
is giving notice that it has sent the OMB Control No.: 1557–0224.
development of commercial advertising
collection to OMB for review. Description: Twelve U.S.C.
signs within the airport access road area
DATES: You should submit written 24(Seventh) authorizes a national bank
sradovich on DSK3GMQ082PROD with NOTICES
and generate new sources of income to
operate and maintain the airport. comments by: January 19, 2018. (bank) to enter into Debt Cancellation
If the deed restrictions are released, ADDRESSES: Because paper mail in the Contracts (DCCs) and Debt Suspension
prior to moving forward with any Washington, DC area and at the OCC is Agreements (DSAs). Part 37 requires
associated non-aeronautical subject to delay, commenters are banks to disclose information about a
development, MDT understands it will encouraged to submit comments by DCC or a DSA using either a short or
still be required to: Obtain a release email, if possible. Comments may be long form disclosure. The short form
from federal obligation to change the sent to: Legislative and Regulatory disclosure usually is made orally and
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Document Created: 2018-10-25 10:55:35
Document Modified: 2018-10-25 10:55:35
| 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 Request to Release Deed Restrictions. | |
| Dates | Comments must be received on or before January 19, 2018. | |
| Contact | Mr. Steve Engebrecht, Civil Engineer/ Compliance Specialist, Federal Aviation Administration, Northwest Mountain Region, Helena Airports District Office, 2725 Skyway Drive, Suite 2, Helena, Montana 59602. | |
| FR Citation | 82 FR 60467 |
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