83 FR 24438 - Policy on the Temporary Closure of Airports for Nonaeronautical Purposes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range		24438-24441
FR Document		2018-11466

This notice announces a proposed update of the FAA policy regarding approval of the temporary closure of a federally obligated airport for a nonaeronautical purpose. Under Federal law, an airport operator that has accepted Federal grants is obligated to maintain the airport for public aviation use. In a limited exception to the general requirement, an airport operator may temporarily close the airport or part of the airport for a nonaeronautical event, if the FAA approves that closure in advance. The FAA proposes to adopt this policy statement to provide additional guidance to airport operators describing the process and criteria for evaluating airport closure requests, and the required contents of an airport operator's request for approval. The FAA is seeking comments on the proposed statement of policy.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Proposed Rules]
[Pages 24438-24441]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-11466]

[[Page 24438]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Docket No. FAA-2018-0432]

Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes

AGENCY: Federal Aviation Administration (FAA).

ACTION: Proposed Policy; Request for Comments.

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SUMMARY: This notice announces a proposed update of the FAA policy
regarding approval of the temporary closure of a federally obligated
airport for a nonaeronautical purpose. Under Federal law, an airport
operator that has accepted Federal grants is obligated to maintain the
airport for public aviation use. In a limited exception to the general
requirement, an airport operator may temporarily close the airport or
part of the airport for a nonaeronautical event, if the FAA approves
that closure in advance. The FAA proposes to adopt this policy
statement to provide additional guidance to airport operators
describing the process and criteria for evaluating airport closure
requests, and the required contents of an airport operator's request
for approval. The FAA is seeking comments on the proposed statement of
policy.

DATES: Send your comments on or before July 30, 2018.

ADDRESSES: You may send comments identified by Docket Number FAA-2018-
0432 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, 1200 New Jersey Avenue SE, Room W12-140, West Building
Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Bring comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
For more information, see the SUPPLEMENTARY INFORMATION section of
this document.
Privacy: In accordance with 5 U.S.C., 553(c), the Department of
Transportation (DOT) solicits comments from the public on its proposed
Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes. DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Docket: To read background documents or comments received, go to
http://www.regulations.gov and follow the online instructions for
accessing the docket. Or, go to the Docket Management Facility in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, Manager,
Airport Compliance Division, ACO-100, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile: (202) 267-4629.

AVAILABILITY OF DOCUMENTS: You can get an electronic copy of this
Policy and all other documents in this docket using the internet by:
(1) Searching the Federal eRulemaking portal (http://www.faa.gov/regulations/search);
(2) Visiting FAA's Regulations and Policies web page at (http://www.faa.gov/regulations_policies; or
(3) Accessing the Government Printing Office's web page at (http://www.gpoaccess.gov/index.html).
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Airport Compliance and Management
Analysis, 800 Independence Avenue SW, Washington, DC 20591, or by
calling (202) 267-3085. Make sure to identify the docket number, notice
number, or amendment number of this proceeding.

AUTHORITY FOR THE POLICY: This notice is published under the authority
described in Title 49 of the United States Code, Subtitle VII, part B,
chapter 471, section 47122(a).

SUPPLEMENTARY INFORMATION:

I. Background

Airport Sponsor Obligations

Airport sponsors that have accepted grants under the Airport
Improvement Program (AIP) have agreed to comply with certain Federal
policies included in each AIP grant agreement as sponsor assurances.
The Airport and Airway Improvement Act of 1982 (AAIA) (Pub. L. 97-248),
as amended and recodified at 49 U.S.C., Sec. 47107(a)(1), and the
contractual sponsor assurances require that the airport sponsor make
the airport available for aviation use. Title 49 U.S.C., Sec.
47107(a)(8) requires grant agreements to include an assurance that ``a
proposal to close the airport temporarily for a nonaeronautical purpose
must first be approved by the Secretary [of Transportation].'' This
requirement is implemented by Grant assurance 19, Operation and
Maintenance, which incorporates the requirement that a temporary
airport closure for a nonaeronautical purpose be first approved by the
Secretary. The Secretary's approval authority has been delegated to the
FAA as part of the administration of the AIP. It is the longstanding
policy of the FAA that airport property be available for aeronautical
use unless a particular nonaeronautical use is approved by the FAA.
Each year sponsors of federally obligated airports request
temporary closure of a ramp, taxiway, runway or an entire airport for a
nonaeronautical event, typically for a period of one to three days. Any
such request must be approved by the FAA in advance before the event
can take place. While the FAA offices generally applied a consistent
set of criteria to the evaluation of requests for temporary closure,
the agency has not provided uniform guidance for sponsors on the
process to apply for a temporary closure. The FAA believes that a
detailed description of the contents of an application for temporary
closure of airport facilities, and a clear listing of the obligations
of an airport sponsor before, during and after a closure, will benefit
both to airport sponsors and to the FAA offices handling applications.
Conducting an event on airport property is a complex undertaking.
Whether the purpose is an aeronautical event (e.g., air show) or
nonaeronautical event, and whether the event requires a full closure of
the airport or simply a closure of a ramp or taxiway, the event will
require detailed planning and preparation that should not be taken
lightly. The airport sponsor's primary purpose is to operate a safe
airport providing access to aviation community.
The FAA affirms in this Notice that federally assisted airports
should remain open for aviation use. Where an airport sponsor does
request a temporary closure of airport facilities for a nonaeronautical
event, this Notice describes the required contents of a request, and
the criteria for FAA's approval.

[[Page 24439]]

Summary of Key Provisions

The proposed policy statement provides a standard application
process for approval of nonaeronautical events at a federally obligated
airport, and a detailed explanation of the measures an airport sponsor
will need to take in order to protect the airport and comply with the
terms of the FAA grant agreements. In summary:
As a first step, the airport sponsor should arrange a
meeting with the local FAA office to discuss their plans for the event.
Applications for temporary closure must be submitted to
the FAA in writing in advance, with a complete explanation and
justification for the event.
The greater the degree of impact on aeronautical use, the
greater the justification required for closure and the greater the need
for mitigation of impacts on airport operations, facilities and
resources.
Mitigation measures to ensure safety and preservation of
airport assets include:
[cir] Timely notice to tenants and to itinerant operators through
NOTAMs;
[cir] Development of a `Safety Plan' to include notice to airport
tenants and users, special markings, airport security, and provisions
for crowd control and separation from operations;
[cir] Filing of a Form 7460 when necessary to allow the FAA review
of any temporary structures or other elements that may impact the
National Airspace System (NAS);
[cir] Receipt of fair market value compensation for use of airport
facilities; and
[cir] Restoration of all airport facilities to the condition prior
to the event at the event proponent's expense.
The FAA will review applications for justification,
adequate safety mitigation, full reimbursement of airport expenses, and
protection and restoration of airport facilities.

II. The Proposed Policy

In consideration of the foregoing, the Federal Aviation
Administration proposes to adopt the following statement of policy on
its statutory responsibility to review and approve or disapprove
requests for temporary closure of federally obligated airport
facilities for a nonaeronautical airport event.

Policy on the Temporary Closure of Airports for Nonaeronautical
Purposes

To implement the requirements of 49 U.S.C., Sec. 47107(a)(8) and
AIP Grant Assurance 19, the FAA will use the following procedures and
criteria to evaluate and approve requests for the temporary closure of
a federally obligated airport for a nonaeronautical event.
A. Policy. Airports should remain available for aviation use. Under
certain circumstances, the FAA may approve temporary closure for
nonaeronautical event purposes, such as car races/shows, county fairs,
parades, car testing, model airplane events, running events and
fireworks; however, the FAA will not approve a closure where impacts to
safety and efficiency have not been mitigated and would result in a
negative impact to civil aviation. In most cases, the impact to
aviation, safety, security, liability, and other risks outweighs the
financial and community goodwill returns promised to the airport for
nonaeronautical activities. A proposed nonaeronautical use of an
airport should not prevent the airport from realizing its economic
potential nor diminish or hamper its existing or forecasted role in the
system of airports.
B. Mitigation measures. If a temporary closure of the airport is
planned, the sponsor must ensure that adequate measures will be in
place to:
1. Make no permanent change in airport facilities as depicted on
the Airport Layout Plan;
2. Maintain the safety, efficiency, and utility of the airport
consistent with the limited authority of the FAA to grant a temporary
closure for a nonaeronautical event;
3. Provide timely notice to tenants and itinerant aircraft
operators of the planned event and the effect on the availability of
airport facilities;
4. Receive fair market value for all nonaeronautical use of airport
property;
5. Use of airport property for nonaeronautical activities at less
than fair market value is limited to community use as defined in
section VII.D of the Policy and Procedures Concerning the Use of
Airport Revenue (Revenue Use Policy);
6. Provide benefits to the airport that outweigh the temporary
impact on aviation use;
7. Ensure that airport revenue, personnel and equipment are not
used to subsidize non-airport activities;
8. Ensure compliance with operational safety, certification and
security regulations, protection of airspace, and maintenance of the
FAA design and safety standards during aircraft operations; and
9. Ensure that the sponsor does not surrender its rights and powers
at any time before, during, or after the event.
C. Degree of impact on aeronautical use. The greater the effect on
aeronautical use of the airport from a proposed closure, the greater
the justification required for the temporary closure, and the more
attention and detail required for mitigation of safety, efficiency and
other impacts.
1. Where an event would require that aircraft operations be
suspended during the event, a proposal must identify why closure of the
airport is necessary, and how the proposed nonaeronautical use
justifies loss of the use of the airport for the duration of the event.
The proposal must include a Safety Plan that describes how based and
itinerant aircraft operators will be advised of the closure.
2. Where an event would use aeronautical facilities but not require
total suspension of aircraft operations, the Safety Plan must include
measures to assure that the temporary changes in available facilities
do not affect the safety of concurrent operations.
3. In all cases, an application for temporary closure must identify
measures for maintaining separation between public event areas and
aircraft operating areas.
4. Documentation must demonstrate that the event was coordinated
with air carriers, Flight Standards District Office (FSDO), Air Traffic
Control Tower (ATCT), aeronautical tenants and users serving the
airport as applicable. Documentation must show that concerns have been
properly addressed.
5. Identify other airports in the area that could accommodate
diverted traffic during the closure.
6. Regional Airports Division (Region) or Airports District Office
(ADO) should coordinate with the appropriate FAA regional Lines of
Business. Most events trigger notification requirements as per the
current version of FAA Order 7400.2, Procedures for Handling Airspace
Matters, which requires internal coordination through the Obstruction
Evaluation/Airport Airspace Analysis (OE/AAA) system. When events have
been circulated through the OE/AAA, the non-rulemaking airports (NRA)
case number should be included in the agency approval/disapproval
letter.
7. When the nonaeronautical event is at an airport with air carrier
service, the sponsor must coordinate with the Transportation Security
Administration.
D. Airshows and aeronautical events. While 49 U.S.C., Sec.
47107(a)(8) and Grant Assurance 19 do not require Office of Airports
approval of the temporary closure of an airport for aeronautical events
in the processes of issuing an airshow waiver Flight Standards Service
(AFS) will describe the safety conditions for the FAA's approval of the
event. However, the AFS waiver relates

[[Page 24440]]

to aircraft operations and the separation between aircraft operations
and the viewing public. AFS will coordinate the ground operations plan
with Regions and ADOs as appropriate. Events that are primarily
nonaeronautical with an air show or other aeronautical event as an
incidental activity should be reviewed by the Region or ADO.
E. Maintaining safety
1. For a proposed closure of the airport to operations or a closure
of any part of the airfield movement area or proposed obstructions to
movement area associated safety clearances, the sponsor must prepare a
Safety Plan to include at least the following items:
a. Special markings for the event, and removal and restoration of
markings after the event.
b. Notice to tenants and airmen, including appropriate NOTAMs.
c. Inspection and repair of any damage to airport property.
d. Reporting and marking of any structures affecting protected
zones or surfaces.
e. Safe separation between aircraft operations and the public.
These may include: special taxi routes, access to terminal gates, crowd
control, vehicular routes, staging areas, and others.
f. Sponsor's determination and analysis that there is no adverse
effect on the airport's approved security plan.
g. Where necessary to maintain the safety, security and efficiency
of airport operations, Regions or ADOs should use applicable elements
from the AC 150/5370-2, Operational Safety on Airports During
Construction.
2. The airport sponsor must provide timely advance notice of the
nonaeronautical event to pilots and airport tenants, and to the ATC
tower if applicable. The sponsor must issue appropriate NOTAMs to
advise itinerant pilots of any limited availability of the airport
during the event. The sponsor must provide advance notice to airport
businesses and other tenants of any effect on use of airport property
during the event.
3. Filing of a Form 7460 may be necessary to obtain FAA review of
any temporary structures on the airport and use of airport property.
The Form 7460 can be filed prior to or with the application for
approval of closure, but must be filed no later than 120 days prior to
the event to allow time for the FAA to review, comment and response
from proponent.
F. Ensuring That the Event Sponsor Bears the Costs of the Event
1. The airport must recover fair market value (FMV) payment for the
nonaeronautical use of airport property to the extent required by the
Revenue Use Policy.
2. The airport sponsor must receive full compensation for the time
of airport personnel and the use of airport resources for the event
(e.g. police/airport operations overtime pay), but not necessarily
staff time for review of the event.
3. Airport funds and resources may not be used to subsidize the
event, except insofar as the event will be staged by the airport
sponsor itself. Use of airport property for a nonaeronautical purpose
at below fair market value payment is considered a subsidy.
4. The airport sponsor's agreement with the event promoter should
contain the event promoter's binding written agreement to indemnify and
hold harmless the airport sponsor for any damages, liabilities or
judgments against the airport sponsor relating to the use of the
airport for the event.
G. Protection of Airport Property and Resources
1. The airport sponsor should assess the condition of airfield
facilities and airport property in the event areas before the event,
and have the event proponent acknowledge that condition in writing.
2. The airport sponsor's agreement with the event sponsor must
include the event proponent's binding written agreement to restore
airport property to its pre-event condition and repair all damage to
airport facilities resulting from the event. All repairs and
restoration of property must be completed at the expense of the event
proponent in a timely manner and in conformance with FAA standards.
3. The event areas should be re-inspected following the event to
assure that they have been restored to the preexisting condition.

III. Application for Temporary Airport Closure

To apply for temporary airport closure for a nonaeronautical
purpose, an airport sponsor must submit a proposal to the Region or ADO
for analysis and approval. In Block Grant states the proposal may be
submitted to the State Block Grant Agency with a copy to the Region or
ADO. The airport sponsor must submit sufficient information and
assurances to indicate that each requirement has been or will be
satisfied.

Contents of Sponsor Request for Temporary Closure for a Nonaeronautical
Event

The airport sponsor requesting a temporary airport closure must
submit the information below to the Region and or ADO or State Block
Grant Agency to request approval of the temporary closure:
1. The dates of the proposed closure periods including any
necessary set up and take down period. Identify whether this is an
annual or one-time event.
2. An estimation of the number of operations (commercial, general
aviation, military) to be impacted and how this number was determined.
3. An event map depicting:
a. Where and how the airport property will be used for the
nonaeronautical activity (e.g., spectator areas, parking areas, staging
areas, fueling, concession areas).
b. Areas used for the event that have been developed or improved
with Federal funds (identify the grant number and anticipated impact to
the Federal investment).
c. Impacted Navigational Aids (NAVAIDs).
d. Location and description of elements \1\ that may affect the
NAS.
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\1\ E.g. pyrotechnics; electromagnetic radiation; radio
frequency proposals; line-of sight obscurations/glare for the
traffic pattern, Air Traffic Control Tower, intersecting runways or
other airport environment areas needed for the safe and efficient
use for the airport; etc.
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e. Structures or other elements that may require a form 7460
application.
4. Procedures and equipment to delineate closed areas (e.g., X on
runways, fencing, gates, barricades, etc.).
5. A Safety Plan.
6. If applicable, a description of the mutual aid fire and rescue
agreements and whether there needs to be a presence of mutual aid
safety services during the event.
7. Plan to assess the airport property prior to re-opening for
aeronautical uses to identify and fix:
a. Damage.
b. Temporary markings HAZMAT issues (if applicable).
c. Conduct Foreign Object Debris (FOD) sweep.
8. Identification of the party who will be responsible for funding
any repairs and a timeframe within which the repairs will be made.
9. Indicate impacts to NAVAIDs and procedures for taking these out
and in service.
10. Draft of the NOTAM(s) to be issued for the event.
11. Certification of Notification to Stakeholders--at a minimum the
following entities must be notified of the event and provided an
opportunity to give feedback. The sponsor should address concerns from
stakeholders and include comments and responses in the proposal,
including mitigation where

[[Page 24441]]

applicable. Provide a list of those notified, the concerns raised and
the mitigations made to address the concerns:
a. Tenants, FBOs, airlines, and local users (e.g., DOD, etc.).
b. Air traffic control tower.
c. Local aviation organizations.
d. Airport security and local law enforcement agencies.
e. Flight Standards District Office.
12. An explanation of how the event benefits the airport and is
compliant with the FAA Policy on Revenue Use.
a. For an event proposed by a commercial/for-profit party:
i. Financial benefits must be equal to at least the fair market
value of the subject property use.
ii. In-kind services or benefits must be equivalent to FMV
compensation.
iii. Airport revenue cannot be used toward conducting the event
(e.g., use of airport staff must be reimbursed, equipment rental,
advertisement of the event cannot be funded in part or whole by the
airport).
iv. The event should also generate intangible benefits for the
airport such as community goodwill and community interest.
b. For an event organized by a non-profit/charitable organization
or by the airport sponsor itself on its own behalf. In all non-profit
nonaeronautical cases there needs to be a benefit to the airport that
clearly outweighs the loss or displacement of aeronautical activities.
Examples of benefits to the airport may include:
i. Advertising for the airport included in the event advertising at
no cost to the airport.
ii. A percentage of ticket sales paid to the airport.
iii. Intangible benefits (e.g., community goodwill, increasing
local awareness of the airport, encouraging local and community support
of the airport, generating an interest in airport use).
c. For events proposed by a party other than the airport sponsor,
the event proponent should assume the costs of the event, e.g.,
equipment rental, advertisement of the event, staffing, and restoration
of facilities to pre-event conditions.
13. Approval of the closure of airport facilities for a
nonaeronautical event is a Federal action that requires environmental
review.

Issued in Washington, DC, on May 23, 2018.
Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2018-11466 Filed 5-25-18; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Proposed Rules 24439

Summary of Key Provisions evaluate and approve requests for the proposed closure, the greater the
The proposed policy statement temporary closure of a federally justification required for the temporary
provides a standard application process obligated airport for a nonaeronautical closure, and the more attention and
for approval of nonaeronautical events event. detail required for mitigation of safety,
A. Policy. Airports should remain efficiency and other impacts.
at a federally obligated airport, and a
available for aviation use. Under certain 1. Where an event would require that
detailed explanation of the measures an
circumstances, the FAA may approve aircraft operations be suspended during
airport sponsor will need to take in the event, a proposal must identify why
temporary closure for nonaeronautical
order to protect the airport and comply closure of the airport is necessary, and
event purposes, such as car races/
with the terms of the FAA grant how the proposed nonaeronautical use
shows, county fairs, parades, car testing,
agreements. In summary: justifies loss of the use of the airport for
model airplane events, running events
• As a first step, the airport sponsor the duration of the event. The proposal
and fireworks; however, the FAA will
should arrange a meeting with the local must include a Safety Plan that
not approve a closure where impacts to
FAA office to discuss their plans for the describes how based and itinerant
safety and efficiency have not been
event. aircraft operators will be advised of the
mitigated and would result in a negative
• Applications for temporary closure closure.
impact to civil aviation. In most cases,
must be submitted to the FAA in writing 2. Where an event would use
the impact to aviation, safety, security,
in advance, with a complete explanation aeronautical facilities but not require
liability, and other risks outweighs the
and justification for the event. total suspension of aircraft operations,
financial and community goodwill
• The greater the degree of impact on the Safety Plan must include measures
returns promised to the airport for
aeronautical use, the greater the to assure that the temporary changes in
nonaeronautical activities. A proposed
justification required for closure and the available facilities do not affect the
nonaeronautical use of an airport should
greater the need for mitigation of safety of concurrent operations.
not prevent the airport from realizing its
impacts on airport operations, facilities 3. In all cases, an application for
economic potential nor diminish or
and resources. temporary closure must identify
hamper its existing or forecasted role in
• Mitigation measures to ensure measures for maintaining separation
the system of airports.
safety and preservation of airport assets between public event areas and aircraft
B. Mitigation measures. If a temporary
include: operating areas.
closure of the airport is planned, the
Æ Timely notice to tenants and to 4. Documentation must demonstrate
sponsor must ensure that adequate
itinerant operators through NOTAMs; that the event was coordinated with air
measures will be in place to:
Æ Development of a ‘Safety Plan’ to 1. Make no permanent change in carriers, Flight Standards District Office
include notice to airport tenants and airport facilities as depicted on the (FSDO), Air Traffic Control Tower
users, special markings, airport security, Airport Layout Plan; (ATCT), aeronautical tenants and users
and provisions for crowd control and 2. Maintain the safety, efficiency, and serving the airport as applicable.
separation from operations; utility of the airport consistent with the Documentation must show that
Æ Filing of a Form 7460 when limited authority of the FAA to grant a concerns have been properly addressed.
necessary to allow the FAA review of temporary closure for a nonaeronautical 5. Identify other airports in the area
any temporary structures or other event; that could accommodate diverted traffic
elements that may impact the National 3. Provide timely notice to tenants during the closure.
Airspace System (NAS); and itinerant aircraft operators of the 6. Regional Airports Division (Region)
Æ Receipt of fair market value planned event and the effect on the or Airports District Office (ADO) should
compensation for use of airport availability of airport facilities; coordinate with the appropriate FAA
facilities; and 4. Receive fair market value for all regional Lines of Business. Most events
Æ Restoration of all airport facilities nonaeronautical use of airport property; trigger notification requirements as per
to the condition prior to the event at the 5. Use of airport property for the current version of FAA Order
event proponent’s expense. nonaeronautical activities at less than 7400.2, Procedures for Handling
• The FAA will review applications fair market value is limited to Airspace Matters, which requires
for justification, adequate safety community use as defined in section internal coordination through the
mitigation, full reimbursement of airport VII.D of the Policy and Procedures Obstruction Evaluation/Airport
expenses, and protection and restoration Concerning the Use of Airport Revenue Airspace Analysis (OE/AAA) system.
of airport facilities. (Revenue Use Policy); When events have been circulated
6. Provide benefits to the airport that through the OE/AAA, the non-
II. The Proposed Policy rulemaking airports (NRA) case number
outweigh the temporary impact on
In consideration of the foregoing, the aviation use; should be included in the agency
Federal Aviation Administration 7. Ensure that airport revenue, approval/disapproval letter.
proposes to adopt the following personnel and equipment are not used 7. When the nonaeronautical event is
statement of policy on its statutory to subsidize non-airport activities; at an airport with air carrier service, the
responsibility to review and approve or 8. Ensure compliance with sponsor must coordinate with the
disapprove requests for temporary operational safety, certification and Transportation Security Administration.
closure of federally obligated airport security regulations, protection of D. Airshows and aeronautical events.
facilities for a nonaeronautical airport airspace, and maintenance of the FAA While 49 U.S.C., § 47107(a)(8) and Grant
daltland on DSKBBV9HB2PROD with PROPOSALS

event. design and safety standards during Assurance 19 do not require Office of
aircraft operations; and Airports approval of the temporary
Policy on the Temporary Closure of closure of an airport for aeronautical
9. Ensure that the sponsor does not
Airports for Nonaeronautical Purposes events in the processes of issuing an
surrender its rights and powers at any
To implement the requirements of 49 time before, during, or after the event. airshow waiver Flight Standards Service
U.S.C., § 47107(a)(8) and AIP Grant C. Degree of impact on aeronautical (AFS) will describe the safety
Assurance 19, the FAA will use the use. The greater the effect on conditions for the FAA’s approval of the
following procedures and criteria to aeronautical use of the airport from a event. However, the AFS waiver relates

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24440 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Proposed Rules

to aircraft operations and the separation to the extent required by the Revenue or ADO or State Block Grant Agency to
between aircraft operations and the Use Policy. request approval of the temporary
viewing public. AFS will coordinate the 2. The airport sponsor must receive closure:
ground operations plan with Regions full compensation for the time of airport 1. The dates of the proposed closure
and ADOs as appropriate. Events that personnel and the use of airport periods including any necessary set up
are primarily nonaeronautical with an resources for the event (e.g. police/ and take down period. Identify whether
air show or other aeronautical event as airport operations overtime pay), but not this is an annual or one-time event.
an incidental activity should be necessarily staff time for review of the 2. An estimation of the number of
reviewed by the Region or ADO. event. operations (commercial, general
E. Maintaining safety 3. Airport funds and resources may aviation, military) to be impacted and
1. For a proposed closure of the not be used to subsidize the event, how this number was determined.
airport to operations or a closure of any except insofar as the event will be 3. An event map depicting:
part of the airfield movement area or staged by the airport sponsor itself. Use a. Where and how the airport property
proposed obstructions to movement area of airport property for a nonaeronautical will be used for the nonaeronautical
associated safety clearances, the sponsor purpose at below fair market value activity (e.g., spectator areas, parking
must prepare a Safety Plan to include at payment is considered a subsidy. areas, staging areas, fueling, concession
least the following items: 4. The airport sponsor’s agreement areas).
a. Special markings for the event, and with the event promoter should contain b. Areas used for the event that have
removal and restoration of markings the event promoter’s binding written been developed or improved with
after the event. agreement to indemnify and hold Federal funds (identify the grant
b. Notice to tenants and airmen, harmless the airport sponsor for any number and anticipated impact to the
including appropriate NOTAMs. damages, liabilities or judgments against Federal investment).
c. Inspection and repair of any the airport sponsor relating to the use of c. Impacted Navigational Aids
damage to airport property. the airport for the event. (NAVAIDs).
d. Reporting and marking of any G. Protection of Airport Property and d. Location and description of
structures affecting protected zones or Resources elements 1 that may affect the NAS.
1. The airport sponsor should assess e. Structures or other elements that
surfaces.
the condition of airfield facilities and may require a form 7460 application.
e. Safe separation between aircraft
airport property in the event areas 4. Procedures and equipment to
operations and the public. These may
before the event, and have the event delineate closed areas (e.g., X on
include: special taxi routes, access to
proponent acknowledge that condition runways, fencing, gates, barricades,
terminal gates, crowd control, vehicular
in writing. etc.).
routes, staging areas, and others. 2. The airport sponsor’s agreement 5. A Safety Plan.
f. Sponsor’s determination and with the event sponsor must include the 6. If applicable, a description of the
analysis that there is no adverse effect event proponent’s binding written mutual aid fire and rescue agreements
on the airport’s approved security plan. agreement to restore airport property to and whether there needs to be a
g. Where necessary to maintain the its pre-event condition and repair all presence of mutual aid safety services
safety, security and efficiency of airport damage to airport facilities resulting during the event.
operations, Regions or ADOs should use from the event. All repairs and 7. Plan to assess the airport property
applicable elements from the AC 150/ restoration of property must be prior to re-opening for aeronautical uses
5370–2, Operational Safety on Airports completed at the expense of the event to identify and fix:
During Construction. proponent in a timely manner and in a. Damage.
2. The airport sponsor must provide conformance with FAA standards. b. Temporary markings HAZMAT
timely advance notice of the 3. The event areas should be re- issues (if applicable).
nonaeronautical event to pilots and inspected following the event to assure c. Conduct Foreign Object Debris
airport tenants, and to the ATC tower if that they have been restored to the (FOD) sweep.
applicable. The sponsor must issue preexisting condition. 8. Identification of the party who will
appropriate NOTAMs to advise itinerant be responsible for funding any repairs
pilots of any limited availability of the III. Application for Temporary Airport and a timeframe within which the
airport during the event. The sponsor Closure repairs will be made.
must provide advance notice to airport To apply for temporary airport closure 9. Indicate impacts to NAVAIDs and
businesses and other tenants of any for a nonaeronautical purpose, an procedures for taking these out and in
effect on use of airport property during airport sponsor must submit a proposal service.
the event. to the Region or ADO for analysis and 10. Draft of the NOTAM(s) to be
3. Filing of a Form 7460 may be approval. In Block Grant states the issued for the event.
necessary to obtain FAA review of any proposal may be submitted to the State 11. Certification of Notification to
temporary structures on the airport and Block Grant Agency with a copy to the Stakeholders—at a minimum the
use of airport property. The Form 7460 Region or ADO. The airport sponsor following entities must be notified of
can be filed prior to or with the must submit sufficient information and the event and provided an opportunity
application for approval of closure, but assurances to indicate that each to give feedback. The sponsor should
must be filed no later than 120 days requirement has been or will be address concerns from stakeholders and
daltland on DSKBBV9HB2PROD with PROPOSALS

prior to the event to allow time for the satisfied. include comments and responses in the
FAA to review, comment and response proposal, including mitigation where
from proponent. Contents of Sponsor Request for
F. Ensuring That the Event Sponsor Temporary Closure for a 1 E.g. pyrotechnics; electromagnetic radiation;

Bears the Costs of the Event Nonaeronautical Event radio frequency proposals; line-of sight
obscurations/glare for the traffic pattern, Air Traffic
1. The airport must recover fair The airport sponsor requesting a Control Tower, intersecting runways or other
market value (FMV) payment for the temporary airport closure must submit airport environment areas needed for the safe and
nonaeronautical use of airport property the information below to the Region and efficient use for the airport; etc.

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Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Proposed Rules 24441

applicable. Provide a list of those DEPARTMENT OF HOMELAND Guard that it will be conducting a
notified, the concerns raised and the SECURITY fireworks display from 10 p.m. to 11
mitigations made to address the p.m. on July 4, 2018. The fireworks are
concerns: Coast Guard to be launched from a barge along the
a. Tenants, FBOs, airlines, and local bank of the Cooper River at River Front
users (e.g., DOD, etc.). 33 CFR Part 165 Park in North Charleston, SC. Hazards
b. Air traffic control tower. from firework displays include
[Docket Number USCG–2018–0171]
c. Local aviation organizations. accidental discharge of fireworks,
d. Airport security and local law RIN 1625–AA00 dangerous projectiles, and falling hot
enforcement agencies. embers or other debris. The Captain of
e. Flight Standards District Office. Safety Zone; City of North Charleston the Port Charleston (COTP) has
12. An explanation of how the event Fireworks, North Charleston, SC determined that potential hazards
benefits the airport and is compliant associated with the fireworks to be used
with the FAA Policy on Revenue Use. AGENCY: Coast Guard, DHS.
in this display would be a safety
a. For an event proposed by a ACTION: Notice of proposed rulemaking.
concern for anyone within a 500-yard
commercial/for-profit party: radius of the barge.
i. Financial benefits must be equal to SUMMARY: The Coast Guard proposes to
establish a temporary safety zone for The purpose of this rulemaking is to
at least the fair market value of the ensure the safety of vessels and the
subject property use. certain navigable waters of the Cooper
River in North Charleston, SC. This navigable waters within a 500-yard
ii. In-kind services or benefits must be
action is necessary to provide for the radius of the fireworks barge before,
equivalent to FMV compensation.
iii. Airport revenue cannot be used safety of the general public, spectators, during, and after the scheduled event.
toward conducting the event (e.g., use of vessels, and the marine environment The Coast Guard proposes this
airport staff must be reimbursed, from potential hazards during a rulemaking under authority in 33 U.S.C.
equipment rental, advertisement of the fireworks display. This proposed 1231.
event cannot be funded in part or whole rulemaking would prohibit persons and III. Discussion of Proposed Rule
by the airport). vessels from entering, transiting
The COTP proposes to establish a
iv. The event should also generate through, anchoring in, or remaining
safety zone from 9:45 p.m. to 11:15 p.m.
intangible benefits for the airport such within the safety zone unless authorized
on July 4, 2018. The safety zone would
as community goodwill and community by the Captain of the Port Charleston
cover all navigable waters within 500
interest. (COTP) or a designated representative.
b. For an event organized by a non- yards of the fireworks barge located at
We invite your comments on this
profit/charitable organization or by the River Front Park on the Cooper River in
proposed rulemaking.
airport sponsor itself on its own behalf. North Charleston, SC. The duration of
DATES: Comments and related material the zone is intended to ensure the safety
In all non-profit nonaeronautical cases must be received by the Coast Guard on
there needs to be a benefit to the airport of vessels and these navigable waters
or before June 28, 2018. before, during, and after the scheduled
that clearly outweighs the loss or
ADDRESSES: You may submit comments 10 p.m. to 11 p.m. fireworks display. No
displacement of aeronautical activities.
identified by docket number USCG– vessel or person would be permitted to
Examples of benefits to the airport may
2018–0171 using the Federal enter, transit through, anchor in, or
include:
eRulemaking Portal at http:// remain within the safety zone without
i. Advertising for the airport included
www.regulations.gov. See the ‘‘Public obtaining permission from the COTP or
in the event advertising at no cost to the
Participation and Request for a designated representative. The
airport.
ii. A percentage of ticket sales paid to Comments’’ portion of the regulatory text we are proposing appears
SUPPLEMENTARY INFORMATION section for at the end of this document. The Coast
the airport.
iii. Intangible benefits (e.g., further instructions on submitting Guard would provide notice of the
community goodwill, increasing local comments. safety zone by Local Notice to Mariners,
awareness of the airport, encouraging FOR FURTHER INFORMATION CONTACT: If Broadcast Notice to Mariners, and on-
local and community support of the you have questions about this proposed scene designated representatives.
airport, generating an interest in airport rulemaking, call or email Lieutenant IV. Regulatory Analyses
use). Justin Heck, Sector Charleston Office of
c. For events proposed by a party We developed this proposed rule after
Waterways Management, Coast Guard;
other than the airport sponsor, the event considering numerous statutes and
telephone (843) 740–3184, email
proponent should assume the costs of Executive orders related to rulemaking.
Justin.C.Heck@uscg.mil.
the event, e.g., equipment rental, Below we summarize our analyses
SUPPLEMENTARY INFORMATION: based on a number of these statutes and
advertisement of the event, staffing, and
restoration of facilities to pre-event I. Table of Abbreviations Executive orders and we discuss First
conditions. Amendment rights of protestors.
CFR Code of Federal Regulations
13. Approval of the closure of airport DHS Department of Homeland Security A. Regulatory Planning and Review
facilities for a nonaeronautical event is FR Federal Register Executive Orders 12866 and 13563
a Federal action that requires NPRM Notice of proposed rulemaking
Pub. L. Public Law
direct agencies to assess the costs and
environmental review.
daltland on DSKBBV9HB2PROD with PROPOSALS

§ Section benefits of available regulatory
Issued in Washington, DC, on May 23, alternatives and, if regulation is
U.S.C. United States Code
2018. necessary, to select regulatory
COTP Captain of the Port
Kevin C. Willis, approaches that maximize net benefits.
Director, Office of Airport Compliance and II. Background, Purpose, and Legal Executive Order 13771 directs agencies
Management Analysis. Basis to control regulatory costs through a
[FR Doc. 2018–11466 Filed 5–25–18; 8:45 am] On February 23, 2018, the City of budgeting process. This NPRM has not
BILLING CODE 4910–13–P North Charleston notified the Coast been designated a ‘‘significant

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Document Created: 2018-05-26 00:48:37
Document Modified: 2018-05-26 00:48:37

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		Proposed Rules
Action		Proposed Policy; Request for Comments.
Dates		Send your comments on or before July 30, 2018.
Contact		Lorraine Herson-Jones, Manager, Airport Compliance Division, ACO-100, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267- 3085; facsimile: (202) 267-4629.
FR Citation		83 FR 24438

83 FR 24438 - Policy on the Temporary Closure of Airports for Nonaeronautical Purposes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration