38906 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 

1The terms ‘‘non-aviation’’ and ‘‘nonaeronautical’’ are used interchangeably in this 

Notice. 

in this AD to obtain corrective actions from 

a manufacturer, the action must be 

accomplished using a method approved by 

the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Saab AB, Saab Aeronautics’ EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(m) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2014–0255, dated November 25, 

2014, for related information. This MCAI 

may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2015–7524. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on July 20, 2016. 

(i) Saab Service Bulletin 2000–38–011, 

dated October 22, 2014. 

(ii) Reserved. 

(4) The following service information was 

approved for IBR on September 9, 2014 (79 

FR 45337, August 5, 2014). 

(i) Saab Service Bulletin 2000–38–010, 

dated July 12, 2013. 

(ii) Saab Service Newsletter SN 2000–1304, 

Revision 01, dated September 10, 2013, 

including Attachment 1 Engineering 

Statement to Operator 2000PBS034334, Issue 

A, dated September 9, 2013. 

(5) For service information identified in 

this AD, contact Saab AB, Saab Aeronautics, 

SE–581 88, Linko ̈ping, Sweden; telephone 

+46 13 18 5591; fax +46 13 18 4874; email 

saab340techsupport@saabgroup.com; 

Internet http://www.saabgroup.com. 

(6) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on May 31, 

2016. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2016–13740 Filed 6–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA 2014–0463] 

Policy on the Non-Aeronautical Use of 

Airport Hangars 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of final policy. 

SUMMARY: This action clarifies the 

FAA’s policy regarding storage of nonaeronautical items in airport facilities 

designated for aeronautical use. Under 

Federal law, airport operators that have 

accepted federal grants and/or those that 

have obligations contained in property 

deeds for property transferred under 

various Federal laws such as the 

Surplus Property Act generally may use 

airport property only for aviationrelated purposes unless otherwise 

approved by the FAA. In some cases, 

airports have allowed non-aeronautical 

storage or uses in some hangars 

intended for aeronautical use, which the 

FAA has found to interfere with or 

entirely displace aeronautical use of the 

hangar. At the same time, the FAA 

recognizes that storage of some items in 

a hangar that is otherwise used for 

aircraft storage will have no effect on 

the aeronautical utility of the hangar. 

This action also amends the definition 

of aeronautical use to include 

construction of amateur-built aircraft 

and provides additional guidance on 

permissible non-aeronautical use of a 

hangar.’’ 

DATES: The policy described herein is 

effective July 1, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Willis, Manager, Airport 

Compliance Division, ACO–100, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, telephone (202) 

267–3085; facsimile: (202) 267–4629. 

ADDRESSES: 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. 

SUPPLEMENTARY INFORMATION: 

Authority for the Policy: This 

document is published under the 

authority described in Title 49 of the 

United States Code, Subtitle VII, part B, 

chapter 471, section 47122(a). 

Background 

Airport Sponsor Obligations 

In July 2014, the FAA issued a 

proposed statement of policy on use of 

airport hangars to clarify compliance 

requirements for airport sponsors, 

airport managers, airport tenants, state 

aviation officials, and FAA compliance 

staff. (79 Federal Register (FR) 42483, 

July 22, 2014). 

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 United States Codes (U.S.C.) 

47107(a)(1), and the contractual sponsor 

assurances require that the airport 

sponsor make the airport available for 

aviation use. Grant Assurance 22, 

Economic Nondiscrimination, requires 

the sponsor to make the airport 

available on reasonable terms without 

unjust discrimination for aeronautical 

activities, including aviation services. 

Grant Assurance 19, Operation and 

Maintenance, prohibits an airport 

sponsor from causing or permitting any 

activity that would interfere with use of 

airport property for airport purposes. In 

some cases, sponsors who have received 

property transfers through surplus 

property and nonsurplus property 

agreements have similar federal 

obligations. 

The sponsor may designate some 

areas of the airport for non-aviation 

use,1 with FAA approval, but 

aeronautical facilities of the airport 

must be dedicated to use for aviation 

purposes. Limiting use of aeronautical 

facilities to aeronautical purposes 

ensures that airport facilities are 

available to meet aviation demand at the 

airport. Aviation tenants and aircraft 

owners should not be displaced by nonVerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1

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aviation commercial uses that could be 

conducted off airport property. 

It is the longstanding policy of the 

FAA that airport property be available 

for aeronautical use and not be available 

for non-aeronautical purposes unless 

that non-aeronautical use is approved 

by the FAA. Use of a designated 

aeronautical facility for a nonaeronautical purpose, even on a 

temporary basis, requires FAA approval. 

See FAA Order 5190.6B, Airport 

Compliance Manual, paragraph 22.6, 

September 30, 2009. The identification 

of non-aeronautical use of aeronautical 

areas receives special attention in FAA 

airport land use compliance 

inspections. See Order 5190.6B, 

paragraphs 21.6(f)(5). 

Areas of the airport designated for 

non-aeronautical use must be shown on 

an airport’s Airport Layout Plan (ALP). 

The AAIA, at 49 U.S.C. 47107(a)(16), 

requires that AIP grant agreements 

include an assurance by the sponsor to 

maintain an ALP in a manner prescribed 

by the FAA. Sponsor assurance 29, 

Airport Layout Plan, implements 

§ 47107(a)(16) and provides that an ALP 

must designate non-aviation areas of the 

airport. The sponsor may not allow an 

alteration of the airport in a manner 

inconsistent with the ALP unless 

approved by the FAA. See Order 

5190.6B, paragraph 7.18, and Advisory 

Circular 150/5070–6B, Airport Master 

Plans, Chapter 10. 

Clearly identifying non-aeronautical 

facilities not only keeps aeronautical 

facilities available for aviation use, but 

also assures that the airport sponsor 

receives at least Fair Market Value 

(FMV) revenue from non-aviation uses 

of the airport. The AAIA requires that 

airport revenues be used for airport 

purposes, and that the airport maintain 

a fee structure that makes the airport as 

self-sustaining as possible. 49 U.S.C. 

47107(a)(13)(A) and (b)(1). The FAA and 

the Department of Transportation Office 

of the Inspector General have 

interpreted these statutory provisions to 

require that non-aviation activities on 

an airport be charged a fair market rate 

for use of airport facilities rather than 

the aeronautical rate. See FAA Policies 

and Procedures Concerning the Use of 

Airport Revenue, (64 FR 7696, 7721, 

February 16, 1999) (FAA Revenue Use 

Policy). 

If an airport tenant pays an 

aeronautical rate for a hangar and then 

uses the hangar for a non-aeronautical 

purpose, the tenant may be paying a 

below-market rate in violation of the 

sponsor’s obligation for a self-sustaining 

rate structure and FAA’s Revenue Use 

Policy. Confining non-aeronautical 

activity to designated non-aviation areas 

of the airport helps to ensure that the 

non-aeronautical use of airport property 

is monitored and allows the airport 

sponsor to clearly identify nonaeronautical fair market value lease 

rates, in order to meet their federal 

obligations. Identifying nonaeronautical uses and charging 

appropriate rates for these uses prevents 

the sponsor from subsidizing nonaviation activities with aviation 

revenues. 

FAA Oversight 

A sponsor’s Grant Assurance 

obligations require that its aeronautical 

facilities be used or be available for use 

for aeronautical activities. If the 

presence of non-aeronautical items in a 

hangar does not interfere with these 

obligations, then the FAA will generally 

not consider the presence of those items 

to constitute a violation of the sponsor’s 

obligations. When an airport has unused 

hangars and low aviation demand, a 

sponsor can request the FAA approval 

for interim non-aeronautical use of a 

hangars, until demand exists for those 

hangars for an aeronautical purpose. 

Aeronautical use must take priority and 

be accommodated over non-aeronautical 

use, even if the rental rate would be 

higher for the non-aeronautical use. The 

sponsor is required to charge a fair 

market commercial rental rate for any 

hangar rental or use for nonaeronautical purposes. (64 FR 7721). 

The FAA conducts land use 

inspections at 18 selected airports each 

year, at least two in each of the nine 

FAA regions. See Order 5190.6B, 

paragraph 21.1. The inspection includes 

consideration of whether the airport 

sponsor is using designated aeronautical 

areas of the airport exclusively for 

aeronautical purposes, unless otherwise 

approved by the FAA. See Order 

5190.6B, paragraph 21.6. 

The Notice of Proposed Policy 

In July 2014, the FAA issued a notice 

of proposed policy on use of hangars 

and related facilities at federally 

obligated airports, to provide a clear and 

standardized guide for airport sponsors 

and FAA compliance staff. (79 FR 

42483, July 22, 2014). The FAA received 

more than 2,400 comments on the 

proposed policy statement, the majority 

from persons who have built or are in 

the process of building an amateur-built 

aircraft. The FAA also received 

comments from aircraft owners, tenants 

and owners of hangars, and airport 

operators. The Aircraft Owners and 

Pilots Association (AOPA) and the 

Experimental Aircraft Association 

(EAA) also provided comments on 

behalf of their membership. Most of the 

comments objected to some aspect the 

proposed policy statement. Comments 

objecting to the proposal tended to fall 

into two general categories: 

• The FAA should not regulate the 

use of hangars at all, especially if the 

hangar is privately owned. 

• While the FAA should have a 

policy limiting use of hangars on 

federally obligated airports to aviation 

uses, the proposed policy is too 

restrictive in defining what activities 

should be allowed. 

Discussion of Comments and Final 

Policy 

The following summary of comments 

reflects the major issues raised and does 

not restate each comment received. The 

FAA considered all comments received 

even if not specifically identified and 

responded to in this notice. The FAA 

discusses revisions to the policy based 

on comments received. In addition, the 

FAA will post frequently asked 

Questions and Answers regarding the 

Hangar Use Policy on www.faa.gov/

airport compliance. These Questions 

and Answers will be periodically 

updated until FAA Order 5190.6B is 

revised to reflect the changes in this 

notice. 

1. Comment: Commenters stated that 

the FAA should defer to local 

government and leave all regulation of 

hangar use to the airport operator. 

Response: The FAA has a contract 

with the sponsor of an obligated airport, 

either through AIP grant agreements or 

a surplus property deed, to limit the use 

of airport property to certain aviation 

purposes. Each sponsor of an obligated 

airport has agreed to these terms. The 

FAA relies on each airport sponsor to 

comply with its obligations under this 

contract. To maintain a standardized 

national airport system and 

standardized practices in each of the 

FAA’s nine regional offices, the agency 

issues guidance on its interpretation of 

the requirements of the AIP and surplus 

property agreements. It falls to the local 

airport sponsor to implement these 

requirements. The FAA allows airport 

sponsors some flexibility to adapt 

compliance to local conditions at each 

airport. 

However, some airport sponsors have 

adopted hangar use practices that led to 

airport users to complain to the FAA. 

Some airport users have complained 

that sponsors are too restrictive, and fail 

to allow reasonable aviation-related uses 

of airport hangars. More commonly, 

aircraft owners have complained that 

hangar facilities are not available for 

aircraft storage because airport sponsors 

have allowed the use of hangars for 

purposes that are unrelated to aviation, 


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such as operating a non-aviation 

business or storing multiple vehicles. By 

issuing the July 2014 notice, the FAA 

intended to resolve both kinds of 

complaints by providing guidance on 

appropriate management of hangar use. 

The agency continues to believe that 

FAA policy guidance is appropriate and 

necessary to preserve reasonable access 

to aeronautical facilities on federally 

obligated airports. However, the final 

policy has been revised in response to 

comments received on the proposal. 

2. Comment: Commenters, including 

AOPA, stated that the FAA lacks the 

authority to regulate the use of privately 

owned hangars. 

Response: The FAA has a statutory 

obligation to assure that facilities on 

aeronautically designated land at 

federally obligated airports are 

reasonably available for aviation use. 

Designated aeronautical land on a 

federally obligated airport is a necessary 

part of a national system of aviation 

facilities. Land designated for 

aeronautical use offers access to the 

local airfield taxiway and runway 

system. Land designated for 

aeronautical use is also subject to 

certain conditions, including FAA 

policies concerning rates and charges 

(including rental rates) which were 

designed to preserve access for 

aeronautical users and to support 

aeronautical uses. A person who leases 

aeronautical land on the airport to build 

a hangar accepts conditions that come 

with that land in return for the special 

benefits of the location. The fact that the 

tenant pays the sponsor for use of the 

hangar or the land does not affect the 

agreement between the FAA and the 

sponsor that the land be used for 

aeronautical purposes. (In fact, most 

hangar owners do not have fee 

ownership of the property; typically 

airport structures revert to ownership of 

the airport sponsor upon expiration of 

the lease term). An airport sponsor may 

choose to apply different rules to 

hangars owned by the sponsor than it 

does to privately constructed hangars, 

but the obligations of the sponsor Grant 

Assurances and therefore the basic 

policies on aeronautical use stated in 

this notice, will apply to both. 

3. Comment: Commenters believe that 

a policy applying the same rules to all 

kinds of aeronautical structures, and to 

privately owned hangars as well as 

sponsor-owned hangars, is too general. 

The policy should acknowledge the 

differences between categories of airport 

facilities. 

Response: A number of commenters 

thought that rules for use of privately 

constructed and owned hangars should 

be less restrictive than rules for hangars 

leased from the airport sponsor. The 

Leesburg Airport Commission 

commented that there are different 

kinds of structures on the airport, with 

variations in rental and ownership 

interests, and that the FAA’s policy 

should reflect those differences. The 

FAA acknowledges that ownership or 

lease rights and the uses made of 

various aeronautical facilities at airports 

will vary. The agency expects that 

airport sponsors’ agreements with 

tenants would reflect those differences. 

The form of property interest, be it a 

leasehold or ownership of a hangar, 

does not affect the obligations of the 

airport sponsor under the Grant 

Assurances. All facilities on designated 

aeronautical land on an obligated 

airport are subject to the requirement 

that the facilities be available for 

aeronautical use. 

4. Comment: Commenters agree that 

hangars should be used to store aircraft 

and not for non-aviation uses, but, they 

argue the proposed policy is too 

restrictive on the storage of non-aviation 

related items in a hangar along with an 

aircraft. A hangar with an aircraft in it 

still has a large amount of room for 

storage and other incidental uses, and 

that space can be used with no adverse 

effect on the use and storage of the 

aircraft. 

Response: In response to the 

comments, the final policy deletes the 

criteria of ‘‘incidental’’ or ‘‘de minimis’’ 

use and simply requires that nonaviation storage in a hangar not interfere 

with movement of aircraft in or out of 

the hangar, or impede access to other 

aeronautical contents of the hangar. The 

policy lists specific conditions that 

would be considered to interfere with 

aeronautical use. Stored nonaeronautical items would be considered 

to interfere with aviation use if they: 

Æ Impede the movement of the 

aircraft in and out of the hangar; 

Æ Displace the aeronautical contents 

of the hangar. (A vehicle parked at the 

hangar while the vehicle owner is using 

the aircraft will not be considered to 

displace the aircraft); 

Æ Impede access to aircraft or other 

aeronautical contents of the hangar; 

Æ Are used for the conduct of a nonaeronautical business or municipal 

agency function from the hangar 

(including storage of inventory); or 

Æ Are stored in violation of airport 

rules and regulations, lease provisions, 

building codes or local ordinances. 

Note: Storage of equipment associated 

with an aeronautical activity (e.g., 

skydiving, ballooning, gliding) would be 

considered an aeronautical use of a 

hangar. 

5. Comment: Commenters stated the 

policy should apply different rules to 

situations where there is no aviation 

demand for hangars, especially when 

hangars are vacant and producing no 

income for the sponsor. 

Response: At some airports, at some 

times, there will be more hangar 

capacity than needed to meet 

aeronautical demand, and as a result 

there will be vacant hangars. The FAA 

agrees that in such cases it is preferable 

to make use of the hangars to generate 

revenue for the airport, as long as the 

hangar capacity can be recovered on 

relatively short notice for aeronautical 

use when needed. See Order 5190.6B, 

paragraph 22.6. The final policy adopts 

a provision modeled on a leasing policy 

of the Los Angeles County Airport 

Commission, which allows month-tomonth leases of vacant hangars for any 

purpose until a request for aeronautical 

use is received. The final policy requires 

that a sponsor request FAA approval 

before implementing a similar leasing 

plan: 

• The airport sponsor may request 

FAA approval of a leasing plan for the 

lease of vacant hangars for nonaeronautical use on a month-to-month 

basis. 

• The plan may be implemented only 

when there is no current aviation 

demand for the vacant hangars. 

• Leases must require the nonaeronautical tenant to vacate the hangar 

on 30 days’ notice, to allow aeronautical 

use when a request is received. 

• Once the plan is approved, the 

sponsor may lease vacant hangars on a 

30 days’ notice without further FAA 

approval. 

The agency believes this will allow 

airports to obtain some financial benefit 

from vacant hangars no, while allowing 

the hangars to be quickly returned to 

aeronautical use when needed. FAA 

pre-approval of a month-to-month 

leasing plan will minimize the burden 

on airport sponsors and FAA staff since 

it is consistent with existing interim use 

guidance. 

6. Comment: Commenter indicates 

that the terms ‘‘incidental use’’ and 

‘‘insignificant amount of space’’ are too 

vague and restrictive. 

Response: The FAA has not used 

these terms in the final policy. Instead, 

the policy lists specific prohibited 

conditions that would be considered to 

interfere with aeronautical use of a 

hangar. 

7. Comment: Commenter states Glider 

operations require storage of items at 

the airport other than aircraft, such as 

tow vehicles and towing equipment. 

This should be an approved use of 

hangars. 


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Response: Tow bars and glider tow 

equipment have been added to the list 

of examples of aeronautical equipment. 

Whether a vehicle is dedicated to use 

for glider towing is a particular fact that 

can be determined by the airport 

sponsor in each case. Otherwise the 

general rules for parking a vehicle in a 

hangar would apply. 

8. Comment: Commenter states it 

should be clear that it is acceptable to 

park a vehicle in the hangar while the 

aircraft is out of the hangar being used. 

Response: The final policy states that 

a vehicle parked in the hangar, while 

the vehicle owner is using the aircraft 

will not be considered to displace the 

aircraft, and therefore is not prohibited. 

9. Comment: Commenters, including 

Experimental Aircraft Association 

(EAA), stated that aviation museums 

and non-profit organizations that 

promote aviation should not be 

excluded from hangars. 

Response: Aviation museums and 

other non-profit aviation-related 

organizations may have access to airport 

property at less than fair market rent, 

under section VII.E of the FAA Policy 

and Procedures Concerning the Use of 

Airport Revenue. (64 FR 7710, February 

16, 1999). However, there is no special 

reason for such activities to displace 

aircraft owners seeking hangar space for 

storage of operating aircraft, unless the 

activity itself involves use and storage of 

aircraft. Accordingly, aviation museums 

and non-profit organizations will 

continue to have the same access to 

vacant hangar space as other activities 

that do not actually require a hangar for 

aviation use, that is, when there is no 

aviation demand (aircraft storage) for 

those hangars and subject to the 

discretion of the airport operator. 

10. Comment: Commenters suggest 

that the policy should allow a ‘grace 

period’ for maintaining possession of an 

empty hangar for a reasonable time 

from the sale of an aircraft to the 

purchase or lease of a new aircraft to be 

stored in the hangar. 

Response: The FAA assumes that 

airport lease terms would include 

reasonable accommodation for this 

purpose and other reasons a hangar 

might be empty for some period of time, 

including the aircraft being in use or at 

another location for maintenance. The 

reasons for temporary hangar vacancy 

and appropriate ‘‘grace periods’’ for 

various events depend on local needs 

and lease policies, and the FAA has not 

included any special provision for grace 

periods in the final policy. 

11. Comment: Commenters believe 

that the policy should allow some 

leisure spaces in a hangar, such as a 

lounge or seating area and kitchen, in 

recognition of the time many aircraft 

owners spend at the airport, and the 

benefits of an airport community. 

Response: The final policy does not 

include any special provision for lounge 

areas or kitchens, either specifically 

permitting or prohibiting these areas. 

The policy requires only that any nonaviation related items in a hangar not 

interfere in any way with the primary 

use of the hangar for aircraft storage and 

movement. The airport sponsor is 

expected to have lease provisions and 

regulations in place to assure that items 

located in hangars do not interfere with 

this primary purpose. 

12. Comment: Commenters, including 

EAA, stated that all construction of an 

aircraft should be considered 

aeronautical for the purpose of hangar 

use, because building an aircraft is an 

inherently aeronautical activity. The 

policy should at least allow for use of 

a hangar at a much earlier stage of 

construction than final assembly. 

Response: The FAA has consistently 

held that the need for an airport hangar 

in manufacturing or building aircraft 

arises at the time the components of the 

aircraft are assembled into a completed 

aircraft. Prior to that stage, components 

can be assembled off-airport in smaller 

spaces. This determination has been 

applied to both commercial aircraft 

manufacturing as well as homebuilding 

of experimental aircraft. 

A large majority of the more than 

2,400 public comments received on the 

notice argued that aircraft construction 

at any stage is an aeronautical activity. 

The FAA recognizes that the 

construction of amateur-built aircraft 

differs from large-scale, commercial 

aircraft manufacturing. It may be more 

difficult for those constructing amateurbuilt or kit-built aircraft to find 

alternative space for construction or a 

means to ultimately transport completed 

large aircraft components to the airport 

for final assembly, and ultimately for 

access to taxiways for operation. 

Commenters stated that in many cases 

an airport hangar may be the only viable 

location for amateur-built or kit-built 

aircraft construction. Also, as noted in 

the July 2014 notice, many airports have 

vacant hangars where a lease for 

construction of an aircraft, even for 

several years, would not prevent owners 

of operating aircraft from having access 

to hangar storage. 

Accordingly, the FAA will consider 

the construction of amateur-built or kitbuilt aircraft as an aeronautical activity. 

Airport sponsors must provide 

reasonable access to this class of users, 

subject to local ordinances and building 

codes. Reasonable access applies to 

currently available facilities; there is no 

requirement for sponsors to construct 

special facilities or to upgrade existing 

facilities for aircraft construction use. 

Airport sponsors are urged to consider 

the appropriate safety measures to 

accommodate aircraft construction. 

Airport sponsors leasing a vacant hangar 

for aircraft construction also are urged 

to incorporate progress benchmarks in 

the lease to ensure the construction 

project proceeds to completion in a 

reasonable time. The FAA’s policy with 

respect to commercial aircraft 

manufacturing remains unchanged. 

13. Comment: Commenter suggests 

that the time that an inoperable aircraft 

can be stored in a hangar should be 

clarified, because repairs can sometimes 

involve periods of inactivity. 

Response: The term ‘‘operational 

aircraft’’ in the final policy does not 

necessarily mean an aircraft fueled and 

ready to fly. All operating aircraft 

experience downtime for maintenance 

and repair, and for other routine and 

exceptional reasons. The final policy 

does not include an arbitrary time 

period beyond which an aircraft is no 

longer considered operational. An 

airport operator should be able to 

determine whether a particular aircraft 

is likely to become operational in a 

reasonable time or not, and incorporate 

provisions in the hangar lease to 

provide for either possibility. 

14. Comment: Commenter suggests 

that the FAA should limit use of 

hangars on an obligated airport as 

proposed in the July 2014 notice. 

Airport sponsors frequently allow nonaeronautical use of hangars now, 

denying the availability of hangar space 

to aircraft owners. 

Response: Some commenters 

supported the relatively strict policies 

in the July 2014 notice, citing their 

experience with being denied access to 

hangars that were being used for nonaviation purposes. The FAA believes 

that the final policy adopted will allow 

hangar tenants greater flexibility than 

the proposed policy in the use of their 

hangars, but only to the extent that there 

is no impact on the primary purpose of 

the hangar. The intent of the final policy 

is to minimize the regulatory burden on 

hangar tenants and to simplify 

enforcement responsibilities for airport 

sponsors and the FAA, but only as is 

consistent with the statutory 

requirements for use of federally 

obligated airport property. 

Final Policy 

In accordance with the above, the 

FAA is adopting the following policy 

statement on use of hangars at federally 

obligated airports: 


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Use of Aeronautical Land and Facilities 

Applicability 

This policy applies to all aircraft 

storage areas or facilities on a federally 

obligated airport unless designated for 

non-aeronautical use on an approved 

Airport Layout Plan or otherwise 

approved for non-aviation use by the 

FAA. This policy generally refers to the 

use of hangars since they are the type 

of aeronautical facility most often 

involved in issues of non-aviation use, 

but the policy also applies to other 

structures on areas of an airport 

designated for aeronautical use. This 

policy applies to all users of aircraft 

hangars, including airport sponsors, 

municipalities, and other public 

entities, regardless of whether a user is 

an owner or lessee of the hangar. 

I. General 

The intent of this policy is to ensure 

that the federal investment in federally 

obligated airports is protected by 

making aeronautical facilities available 

to aeronautical users, and by ensuring 

that airport sponsors receive fair market 

value for use of airport property for nonaeronautical purposes. The policy 

implements several Grant Assurances, 

including Grant Assurance 5, Preserving 

Rights and Powers; Grant Assurance 22, 

Economic Nondiscrimination; Grant 

Assurance 24, Fee and Rental Structure; 

and Grant Assurance 25, Airport 

Revenues. 

II. Standards for Aeronautical Use of 

Hangars 

a. Hangars located on airport property 

must be used for an aeronautical 

purpose, or be available for use for an 

aeronautical purpose, unless otherwise 

approved by the FAA Office of Airports 

as described in Section III. 

b. Aeronautical uses for hangars 

include: 

1. Storage of active aircraft. 

2. Final assembly of aircraft under 

construction. 

3. Non-commercial construction of 

amateur-built or kit-built aircraft. 

4. Maintenance, repair, or 

refurbishment of aircraft, but not the 

indefinite storage of nonoperational 

aircraft. 

5. Storage of aircraft handling 

equipment, e.g., towbars, glider tow 

equipment, workbenches, and tools and 

materials used in the servicing, 

maintenance, repair or outfitting of 

aircraft. 

c. Provided the hangar is used 

primarily for aeronautical purposes, an 

airport sponsor may permit nonaeronautical items to be stored in 

hangars provided the items do not 

interfere with the aeronautical use of the 

hangar. 

d. While sponsors may adopt more 

restrictive rules for use of hangars, the 

FAA will generally not consider items 

to interfere with the aeronautical use of 

the hangar unless the items: 

1. Impede the movement of the 

aircraft in and out of the hangar or 

impede access to aircraft or other 

aeronautical contents of the hangar. 

2. Displace the aeronautical contents 

of the hangar. A vehicle parked at the 

hangar while the vehicle owner is using 

the aircraft will not be considered to 

displace the aircraft. 

3. Impede access to aircraft or other 

aeronautical contents of the hangar. 

4. Are used for the conduct of a nonaeronautical business or municipal 

agency function from the hangar 

(including storage of inventory). 

5. Are stored in violation of airport 

rules and regulations, lease provisions, 

building codes or local ordinances. 

e. Hangars may not be used as a 

residence, with a limited exception for 

sponsors providing an on-airport 

residence for a full-time airport 

manager, watchman, or airport 

operations staff for remotely located 

airports. The FAA differentiates 

between a typical pilot resting facility or 

aircrew quarters versus a hangar 

residence or hangar home. The former 

are designed to be used for overnight 

and/or resting periods for aircrew, and 

not as a permanent or even temporary 

residence. See FAA Order 5190.6B 

paragraph 20.5(b) 

f. This policy applies regardless of 

whether the hangar occupant leases the 

hangar from the airport sponsor or 

developer, or the hangar occupant 

constructed the hangar at the occupant’s 

own expense while holding a ground 

lease. When land designated for 

aeronautical use is made available for 

construction of hangars, the hangars 

built on the land are subject to the 

sponsor’s obligations to use aeronautical 

facilities for aeronautical use. 

III. Approval for Non-Aeronautical Use 

of Hangars 

A sponsor will be considered to have 

FAA approval for non-aeronautical use 

of a hangar in each of the following 

cases: 

a. FAA advance approval of an 

interim use: Where hangars are 

unoccupied and there is no current 

aviation demand for hangar space, the 

airport sponsor may request that FAA 

Office of Airports approve an interim 

use of a hangar for non-aeronautical 

purposes for a period of 3 to 5 years. 

The FAA will review the request in 

accordance with Order 5190.6B 

paragraph 22.6. Interim leases of unused 

hangars can generate revenue for the 

airport and prevent deterioration of 

facilities. Approved interim or 

concurrent revenue-production uses 

must not interfere with safe and 

efficient airport operations and sponsors 

should only agree to lease terms that 

allow the hangars to be recovered on a 

30 days’ notice for aeronautical 

purposes. In each of the above cases, the 

airport sponsor is required to charge 

non-aeronautical fair market rental fees 

for the non-aeronautical use of airport 

property, even on an interim basis. (64 

FR 7721). 

b. FAA approval of a month-to-month 

leasing plan: An airport sponsor may 

obtain advance written approval monthto-month leasing plan for nonaeronautical use of vacant facilities from 

the local FAA Office of Airports. When 

there is no current aviation demand for 

vacant hangars, the airport sponsor may 

request FAA approval of a leasing plan 

for the lease of vacant hangars for nonaeronautical use on a month-to-month 

basis. The plan must provide for leases 

that include an enforceable provision 

that the tenant will vacate the hangar on 

a 30-day notice. Once the plan is 

approved, the sponsor may lease vacant 

hangars on a 30-day notice basis 

without further FAA approval. If the 

airport sponsor receives a request for 

aeronautical use of the hangar and no 

other suitable hangar space is available, 

the sponsor will notify the month-tomonth tenant that it must vacate. 

A sponsor’s request for approval of an 

interim use or a month-to-month leasing 

plan should include or provide for (1) 

an inventory of aeronautical and nonaeronautical land/uses, (2) information 

on vacancy rates; (3) the sponsor’s 

procedures for accepting new requests 

for aeronautical use; and (4) assurance 

that facilities can be returned to 

aeronautical use when there is renewed 

aeronautical demand for hangar space. 

In each of the above cases, the airport 

sponsor is required to charge nonaeronautical fair market rental fees for 

the non-aeronautical use of airport 

property, even on an interim basis. (64 

FR 7721). 

c. Other cases: Advance written 

release by the FAA for all other nonaeronautical uses of designated 

aeronautical facilities. Any other nonaeronautical use of a designated 

aeronautical facility or parcel of airport 

land requires advance written approval 

from the FAA Office of Airports in 

accordance with Order 5190.6B chapter 

22. 


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Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38911 

IV. Use of Hangars for Construction of 

an Aircraft 

Non-commercial construction of 

amateur-built or kit-built aircraft is 

considered an aeronautical activity. As 

with any aeronautical activity, an 

airport sponsor may lease or approve 

the lease of hangar space for this activity 

without FAA approval. Airport sponsors 

are not required to construct special 

facilities or upgrade existing facilities 

for construction activities. Airport 

sponsors are urged to consider the 

appropriate safety measures to 

accommodate these users. 

Airport sponsors also should consider 

incorporating construction progress 

targets in the lease to ensure that the 

hangar will be used for final assembly 

and storage of an operational aircraft 

within a reasonable term after project 

start. 

V. No Right to Non-Aeronautical Use 

In the context of enforcement of the 

Grant Assurances, this policy allows 

some incidental storage of nonaeronautical items in hangars that do 

not interfere with aeronautical use. 

However, the policy neither creates nor 

constitutes a right to store nonaeronautical items in hangars. Airport 

sponsors may restrict or prohibit storage 

of non-aeronautical items. Sponsors 

should consider factors such as 

emergency access, fire codes, security, 

insurance, and the impact of vehicular 

traffic on their surface areas when 

enacting rules regarding hangar storage. 

In some cases, permitting certain 

incidental non-aeronautical items in 

hangars could inhibit the sponsor’s 

ability to meet obligations associated 

with Grant Assurance 19, Operations 

and Maintenance. To avoid claims of 

discrimination, sponsors should impose 

consistent rules for incidental storage in 

all similar facilities at the airport. 

Sponsors should ensure that taxiways 

and runways are not used for the 

vehicular transport of such items to or 

from the hangars. 

VI. Sponsor Compliance Actions 

a. It is expected that aeronautical 

facilities on an airport will be available 

and used for aeronautical purposes in 

the normal course of airport business, 

and that non-aeronautical uses will be 

the exception. 

b. Sponsors should have a program to 

routinely monitor use of hangars and 

take measures to eliminate and prevent 

unapproved non-aeronautical use of 

hangars. 

c. Sponsors should ensure that length 

of time on a waiting list of those in need 

of a hangar for aircraft storage is 

minimized. 

d. Sponsors should also consider 

including a provision in airport leases, 

including aeronautical leases, to adjust 

rental rates to FMV for any nonincidental non-aeronautical use of the 

leased facilities. In other words, if a 

tenant uses a hangar for a nonaeronautical purpose in violation of this 

policy, the rental payments due to the 

sponsor would automatically increase to 

a FMV level. 

e. FAA personnel conducting a land 

use or compliance inspection of an 

airport may request a copy of the 

sponsor’s hangar use program and 

evidence that the sponsor has limited 

hangars to aeronautical use. 

The FAA may disapprove an AIP 

grant for hangar construction if there are 

existing hangars at the airport being 

used for non-aeronautical purposes. 

Issued in Washington, DC, on the 9th of 

June 2016. 

Robin K. Hunt, 

Acting Director, Office of Airport Compliance 

and Management Analysis. 

[FR Doc. 2016–14133 Filed 6–14–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 660, 801, and 809 

[Docket No. FDA–2013–N–0125] 

RIN 0910–AG74 

Use of Symbols in Labeling 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or the Agency) is 

issuing this final rule revising its 

medical device and certain biological 

product labeling regulations to 

explicitly allow for the optional 

inclusion of graphical representations of 

information, or symbols, in labeling 

(including labels) without adjacent 

explanatory text (referred to in this 

document as ‘‘stand-alone symbols’’) if 

certain requirements are met. The final 

rule also specifies that the use of 

symbols, accompanied by adjacent 

explanatory text continues to be 

permitted. FDA is also revising its 

prescription device labeling regulations 

to allow the use of the symbol statement 

‘‘Rx only’’ or ‘‘) only’’ in the labeling 

for prescription devices. 

DATES: This rule is effective September 

13, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the final rule as 

it relates to devices regulated by the 

Center for Devices and Radiological 

Health (CDRH): Antoinette (Tosia) 

Hazlett, Center for Devices and 

Radiological Health, Food and Drug 

Administration, Bldg. 66, Rm. 5424, 

10903 New Hampshire Ave., Silver 

Spring, MD 20993–0002, 301–796–6119, 

email: Tosia.Hazlett@fda.hhs.gov. 

For information concerning the final 

rule as it relates to devices regulated by 

the Center for Biologics Evaluation and 

Research: Stephen Ripley, Center for 

Biologics Evaluation and Research, 

Food and Drug Administration, 10903 

New Hampshire Ave., Bldg. 71, Rm. 

7301, Silver Spring, MD 20993–0002, 

240–402–7911. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of the Regulatory Action 

The final rule explicitly permits the 

use of symbols in medical device 

labeling without adjacent explanatory 

text if certain requirements are met. The 

medical device industry has requested 

the ability to use stand-alone symbols 

on domestic device labeling, consistent 

with their current use on devices 

manufactured for European and other 

foreign markets. The final rule seeks to 

harmonize the U.S. device labeling 

requirements for symbols with 

international regulatory requirements, 

such as the Medical Device Directive 

93/42/EEC of the European Union (EU) 

(the European Medical Device Directive) 

and global adoption of International 

Electrotechnical Commission (IEC) 

standard IEC 60417 and International 

Organization for Standardization (ISO) 

standard ISO 7000–DB that govern the 

use of device symbols in numerous 

foreign markets. 

Summary of the Major Provisions of the 

Regulatory Action in Question 

FDA has generally interpreted 

existing regulations not to allow the use 

of symbols in medical device labeling, 

except with adjacent English-language 

explanatory text and/or on in vitro 

diagnostic (IVD) devices intended for 

professional use. Under the final rule, 

symbols established in a standard 

developed by a standards development 

organization (SDO) may be used in 

medical device labeling without 

adjacent explanatory text as long as: (1) 

The standard is recognized by FDA 

under its authority under section 514(c) 

of the Federal Food, Drug, and Cosmetic 

Act (FD&C Act) (21 U.S.C. 360d(c)) and 

the symbol is used according to the 

specifications for use of the symbol set 


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