Federal Register / Vol. 79, No. 140 / Tuesday, July 22, 2014 / Proposed Rules 42483 

■ 4. Amend § 401.5 by adding the 

definition of Tether system in 

alphabetical order to read as follows: 

§ 401.5 Definitions. 

* * * * * 

Tether system means a device that 

contains launch vehicle hazards by 

physically constraining a launch vehicle 

in flight to a specified range from its 

launch point. A tether system includes 

all components, from the tether’s point 

of attachment to the vehicle to a solid 

base, that experience load during a 

tethered launch. 

* * * * * 

Issued in Washington, DC, on July 9, 2014. 

George C. Nield, 

Associate Administrator, Commercial Space 

Transportation. 

[FR Doc. 2014–16954 Filed 7–21–14; 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). 

ACTION: Notice of Proposed Policy; 

Request for Comments 

SUMMARY: 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 aviation-related 

purposes unless otherwise approved by 

the FAA. Compliance inspections by 

FAA staff, as well as audits by the 

Government Accountability Office, have 

found that some hangars intended for 

aircraft storage are routinely used to 

store non-aeronautical items such as 

vehicles and large household items. In 

some cases, this storage interferes 

with—or entirely displaces— 

aeronautical use of the hangar. 

Moreover, many airports have a waiting 

list for hangar space, and a tenant’s use 

of a hangar for non-aeronautical 

purposes prevents aircraft owners from 

obtaining access to hangar storage on 

the airport. At the same time, the FAA 

realizes that storage of some small 

incidental items in a hangar that is 

otherwise used for aircraft storage will 

have no effect on the aeronautical utility 

of the hangar. The FAA is proposing a 

statement of policy on use of airport 

hangars to clarify compliance 

requirements for airport sponsors, 

airport manager, airport tenants, state 

aviation officials, and FAA compliance 

staff. This notice solicits public 

comment on the proposed policy 

statement. 

DATES: Send your comments on or 

before September 5, 2014. The FAA will 

consider comments on the proposed 

policy statement. Any necessary or 

appropriate revisions resulting from the 

comments received will be adopted as 

of the date of a subsequent publication 

in the Federal Register. 

ADDRESSES: You may send comments 

[identified by Docket Number FAA– 

2014–0463] using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

For more information on the notice 

and comment process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Room W12–140 on the ground 

floor of the West Building, 1200 New 

Jersey Avenue SE., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

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. 

SUPPLEMENTARY INFORMATION: 

Privacy: We will post all comments 

we receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

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). 

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), as 

amended and recodified at 49 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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
42484 Federal Register / Vol. 79, No. 140 / Tuesday, July 22, 2014 / Proposed Rules 

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

Notice. 

2 Valley Aviation Services, LLP v. City of 

Glendale, Arizona, FAA Docket No. 16–09–06 (May 

24, 2011) (Director’s Determination). 

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 

sponsors should not be displaced by 

non-aviation commercial uses that 

could be conducted off of 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 non-aviation 

purpose, even on a temporary basis, 

requires FAA approval. See FAA Order 

5190.6B, Airport Compliance Manual, 

paragraph 22.6. The identification of 

non-aviation use of aeronautical areas 

receives special attention in FAA airport 

compliance inspections. See Order 

5190.6B, paragraphs 21.6.e and 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 FAA Order 

5190.6B, Airport Compliance Manual, 

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, § VII.C, 64 FR 7696, 

7721(Feb. 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 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 

The FAA’s enforcement of 

appropriate use of airport property has 

been the subject of two audits by the 

General Accounting Office (now called 

Government Accountability Office, or 

GAO). In August 1980, the GAO 

released a report to the Secretary of 

Transportation entitled ‘‘Misuse of 

Airport Land Acquired through Federal 

Assistance.’’ This report highlighted 

several cases of federally funded land 

being used for various non-aeronautical 

purposes. The report cited a lack of 

oversight by FAA and recommended 

more active involvement in oversight. In 

May 1999, the GAO released the report, 

‘‘General Aviation Airports: 

Unauthorized Land Use Highlights Need 

for Improved Oversight and 

Enforcement’’. This report highlighted 

the need for the FAA to increase its 

efforts to monitor airports for 

unauthorized use of land. 

In response to this second report, the 

FAA began conducting land use 

inspections at 18 selected airports each 

year, at least two in each of the nine 

FAA regions. A frequent finding from 

these inspections has been the 

prevalence of non-aeronautical items 

stored in aircraft hangars designated for 

aeronautical use. In some cases, the 

aircraft hangars contained only nonaeronautical items, such as automobiles 

(including sponsor-owned police 

cruisers), boats, large recreational 

vehicles, etc. In other cases, nonaeronautical items shared space with 

legitimate aeronautical use of hangars. 

Inspections have frequently uncovered 

motorcycles, furniture, tools, and other 

non-aeronautical items stored in 

hangars along with aircraft. Some 

hangar tenants were found to be 

operating non-aviation commercial 

businesses out of an airfield hangar. 

In May 2011, The Director of the 

Office of Airport Compliance and 

Management Analysis issued a 

Director’s Determination under 14 CFR 

Part 16,2 finding the City in violation of 

Grant Assurance 19. Operations and 

Maintenance by allowing nonaeronautical use of airport hangars for 

storing non-aviation items. The FAA 

ordered the City to submit a Corrective 

Action Plan to bring the airport back 

into compliance. As part of the City of 

Glendale’s effort to formulate a 

Corrective Action Plan, the City 

requested the FAA to provide written 

confirmation on the status of certain 

items as aeronautical or nonaeronautical. The agency’s July 12, 2012 

response to the letter became widely 

circulated in the airport community and 

has been interpreted by some as general 

policy. Insofar as that letter suggested 

that all non-aeronautical items stored in 

a hangar would constitute a violation of 

the grant assurances, it applied to a 

specific situation at a specific airport 

and does not represent general agency 

policy. 

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 their presence to constitute 

a violation of the sponsor’s obligation to 

provide reasonable access to 

aeronautical users and tenants. In cases 

where excess hangar capacity is unused 

because of low aviation demand, a 

sponsor can request FAA approval for 

interim non-aeronautical use of a hangar 

until that hangar is needed again for an 

aeronautical purpose. However, 

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 (See 

FAA Order 5190.6B, ¶ 22.6). The 

sponsor is required to charge a fair 

market commercial rental rate for any 

hangar rental or use for nonaeronautical purposes. 

Use of Hangars for Fabrication and 

Assembly of Aircraft 

While building an aircraft results in 

an aeronautical product, the FAA has 

not found all stages of the building 

process to be aeronautical for purposes 

of hangar use. A large part of the 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 140 / Tuesday, July 22, 2014 / Proposed Rules 42485 

3Ashton v. City of Concord, FAA Docket No. 16– 

99–09 (January 28, 2000) (Director’s Determination 

and affirmed by Final Agency Decision). 

construction process can be and often is 

conducted off-airport. Only when the 

various components are assembled into 

a final functioning aircraft is access to 

the airfield necessary. 

In Ashton v. City of Concord, NC,3 the 

complainant objected to the airport 

sponsor’s prohibition of construction of 

a homebuilt aircraft in an airport Thangar. The decision was based on a 

FAA determination that aircraft 

construction is not per se an 

aeronautical activity. While final stages 

of aircraft construction can be 

considered aeronautical, the airport 

sponsor prohibited this level of 

maintenance and repair in T-hangars 

but provided an alternate location on 

the airport. The FAA found that the 

airport sponsor’s rules prohibiting 

maintenance and repair in a T-hangar, 

including construction of a homebuilt 

aircraft, did not violate the sponsor’s 

grant assurances. 

There have been industry objections 

to the FAA’s designation of any aircraft 

construction stages as non-aeronautical. 

While the same principles apply 

generally to large aircraft 

manufacturing, compliance issues 

involving aircraft construction have 

typically been limited to homebuilt 

aircraft construction at general aviation 

airports. Commercial aircraft 

manufacturers use dedicated, purposebuilt manufacturing facilities, and 

questions of aeronautical use for these 

facilities are generally resolved at the 

time of the initial lease. In contrast, 

persons constructing homebuilt aircraft 

sometimes seek to rent airport hangars 

designed for storage of operating aircraft 

and easy access to a taxiway, even 

though it may be years before a 

homebuilt aircraft kit will be able to 

take advantage of the convenient access 

to the airfield. 

The FAA is not proposing any change 

to existing policy other than to clarify 

that final assembly of an aircraft, 

leading to the completion of the aircraft 

to a point where it can be taxied, will 

be considered an aeronautical use. 

Proposed Policy and Request for Public 

Comment 

The FAA intends to produce an 

agency policy on use of hangars and 

related facilities at federally obligated 

airports in sufficient detail to provide a 

clear and standardized guide for airport 

sponsors and FAA compliance staff. The 

FAA is proposing a policy statement for 

public comment based on the following 

general principles: 

1. The primary goal of this policy is 

to protect federal investment in 

federally obligated airports by ensuring 

aeronautical facilities are available to 

aeronautical users. Aeronautical users 

requesting the use of a hangar for 

aircraft storage should not be denied 

access because the airport sponsor is 

permitting tenants to use hangars to 

store vehicles or household items, or to 

operate non-aviation businesses. 

2. A secondary goal of the policy is to 

ensure that airport sponsors receive fair 

market rental for any approved use of 

airport property for non-aviation 

purposes. 

3. The primary purpose of a hangar in 

an aeronautical area of the airport is 

aircraft storage or operation of an 

aeronautical service business that 

requires maintenance or repair work on 

aircraft. If a hangar is serving one of 

these purposes, then incidental storage 

of non-aviation items that does not 

interfere with the primary purpose of 

the hangar and occupies an insignificant 

amount of physical hangar space will 

not be considered to constitute a 

violation of the grant assurances. In 

such cases, incidental storage of nonaviation items will be treated as having 

de minimis value (for purposes of 

compliance with the self-sustaining 

assurance) and will not require the 

sponsor to increase rent as a result of 

the storage of these incidental nonaeronautical items. 

4. If an airport’s hangar capacity 

substantially exceeds aviation demand 

(e.g., there are multiple vacant hangars 

and no requests to rent them for 

aeronautical purposes), the sponsor may 

request and FAA may approve interim 

non-aeronautical use of vacant hangars 

under the provisions found in FAA 

Order 5190.6B, Chapter 22.6. FMV nonaeronautical rental rates would apply to 

any non-aviation use. 

5. Final, active assembly of an aircraft 

in the manufacturing or homebuilt 

construction process, resulting in a 

completed, operational aircraft requiring 

access to the airfield, is considered an 

aeronautical activity for the purposes of 

this policy. 

6. Using hangar space as a residence 

on a full-time or even temporary basis 

is not a compatible land use, no matter 

where it is located on the airport, and 

is not permitted. 

7. Airport sponsors are expected to 

take measures to ensure that 

aeronautical facilities on the airport are 

reserved for aeronautical use. These 

measures should include a periodic 

inspection program to ensure that the 

waiting time for those persons who are 

legitimately in need of a hangar for 

aircraft storage is minimized. 

8. Airport sponsors may adopt more 

stringent rules for use of hangars than 

required by the grant assurances, based 

on proprietary concerns for the safe and 

efficient use of airport property. 

However, such rules must be reasonable 

and not unjustly discriminatory against 

any aeronautical user. For example, an 

airport sponsor may limit storage of 

vehicles in hangars if there is concern 

that vehicular traffic on taxilanes or 

taxiways may create a safety hazard. 

9. The sponsor’s federal obligations 

do not protect non-aeronautical users 

and/or storage of non-aeronautical 

items. Non-aeronautical use is not a 

protected activity. 

Proposed Policy and Request for 

Comments 

In accordance with the above, the 

FAA proposes to adopt the following 

policy statement on use of hangars at 

federally obligated airports. The agency 

requests public comments on the 

proposed policy statement, as described 

in the ‘‘Address’’ and ‘‘Dates’’ 

information in this notice. Comments 

received by the due date will be 

considered in the development of a final 

agency policy statement. 

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-aviation use on an approved 

Airport Layout Plan or otherwise 

approved for non-aviation use by the 

FAA. The policy statement generally 

refers to the use of hangars since they 

are the type of aeronautical facility most 

often involved in issues of non-aviation 

use. The policy applies to all users of 

aircraft hangars, regardless of whether a 

user is an owner or lessee of the hangar, 

including airport sponsors, 

municipalities, and other public 

entities. 

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 to ensure that 

airport sponsors receive fair market 

value for rental of approved nonaviation use of airport property. 

Sponsors who fail to comply with grant 

assurances and this policy may be 

subject to administrative sanctions such 

as the denial of funding from current 

and future AIP grants. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
42486 Federal Register / Vol. 79, No. 140 / Tuesday, July 22, 2014 / Proposed Rules 

II. Standards for Aeronautical Use of 

Hangars 

• Hangars located on airport property 

must be used for an aeronautical 

purpose, or be available for use for one, 

unless otherwise approved by the FAA. 

• Aeronautical uses for hangars 

include: 

Æ Storage of operational aircraft 

Æ Final assembly of aircraft 

Æ Short-term storage of non-operational 

aircraft for purposes of maintenance, 

repair, or refurbishment 

• Provided the hangar is used 

primarily for aeronautical purposes, an 

airport sponsor may permit limited, 

non-aeronautical items to be stored in 

hangars provided the items are 

incidental to aeronautical use of the 

hangar and occupy an insignificant 

amount of hangar space (e.g., a small 

refrigerator). The incidental storage of 

non-aeronautical items will be 

considered to be of de minimis value for 

the purpose of assessing rent. 

• Generally, items are considered 

incidental if they: 

Æ Do not interfere with the aeronautical 

use of the hangar; 

Æ Do not displace the aeronautical 

contents of the hangar; 

Æ Do not impede access to aircraft or 

other aeronautical contents of the 

hangar; 

Æ Do not require a larger hangar than 

would otherwise be necessary if such 

items were not present; 

Æ Occupy an insignificant amount of 

hangar space; 

Æ Are owned by the hangar owner or 

tenant; 

Æ Are not used for non-aeronautical 

commercial purposes (i.e., the tenant 

is not conducting a non-aeronautical 

business from the hangar including 

storing inventory); 

Æ Are not stored in violation of airport 

rules and regulations. 

• Hangars should be leased with 

consideration of the size and quantity of 

aircraft to be stored therein. To 

maximize the availability of hangars for 

all aeronautical users, sponsors should 

avoid leasing a hangar that is 

disproportionately large for the aircraft 

to be stored in the hangar (i.e., hangars 

built to store multiple aircraft should be 

used for multiple aircraft storage). 

• Hangars must not be used as a 

residence. 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. 

• This policy on hangar use applies 

regardless of whether the hangar 

occupant leases the hangar from the 

airport sponsor or developer, or the 

hangar occupant constructed the hangar 

at their own expense and holds a 

ground lease only. When designated 

aeronautical land is made available for 

construction of hangars, the hangars 

built on the land will be fully subject to 

the sponsor’s obligations to use 

aeronautical facilities for aeronautical 

use. 

III. Approval for Non-Aeronautical Use 

of Hangars 

Where hangars are unoccupied and 

there is no current aviation demand for 

hangar space, the airport sponsor may 

request that FAA approve an interim 

use of a hangar for non-aeronautical 

purposes for a period no more than five 

years. Interim leases of unused hangars 

can generate revenue for the airport and 

prevent deterioration of facilities. FAA 

will review the request in accordance 

with Order 5190.6B, ¶ 22.6. Approved 

interim or concurrent revenueproduction 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 short notice for 

aeronautical purposes. 

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. (See Policies and Procedures 

Concerning Airport Revenue, § VII.C.) 

IV. 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. 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. Sponsors should ensure 

that taxiways and runways are not used 

for the vehicular transport of such items 

to or from the hangars. 

V. Sponsor Compliance Actions 

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. Sponsors should have a 

program to routinely monitor use of 

hangars and take measures to eliminate 

and prevent unapproved nonaeronautical use of hangars. Sponsors 

should ensure that length of time on a 

waiting list of those legitimately in need 

of a hangar for aircraft storage is 

minimized. Sponsors should also 

consider incorporating provisions in 

airport leases, including aeronautical 

leases, to adjust rental rates to FMV for 

any non-incidental non-aeronautical use 

of the leased facilities. 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 aviation use. 

Issued in Washington, DC, on July 15, 

2014. 

Randall S. Fiertz, 

Director, Office of Airport Compliance and 

Management Analysis. 

[FR Doc. 2014–17031 Filed 7–21–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1010 

RIN 1506–AB27 

Imposition of Special Measure Against 

FBME Bank Ltd., Formerly Known as 

Federal Bank of the Middle East, Ltd., 

as a Financial Institution of Primary 

Money Laundering Concern 

AGENCY: Financial Crimes Enforcement 

Network (‘‘FinCEN’’), Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In a finding, notice of which 

is published elsewhere in this issue of 

the Federal Register (‘‘Notice of 

Finding’’), the Director of FinCEN found 

that FBME Bank Ltd. (‘‘FBME’’), 

formerly known as Federal Bank of the 

Middle East, Ltd., is a financial 

institution operating outside of the 

United States that is of primary money 

laundering concern. FinCEN is issuing 

this notice of proposed rulemaking 

(‘‘NPRM’’) to propose the imposition of 

a special measure against FBME. 

DATES: Written comments on this NPRM 

must be submitted on or before 

September 22, 2014. 

ADDRESSES: You may submit comments, 

identified by 1506–AB27, by any of the 

following methods: 


emcdonald on DSK67QTVN1PROD with PROPOSALS