85474 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This amendment to 14 CFR part 71 

modifies the Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.6-mile (decreased from a 

7-mile) radius of Mount Pleasant 

Municipal Airport, Mount Pleasant, MI; 

and updates the geographic coordinates 

of airport to coincide with the FAA’s 

aeronautical database. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL MI E5 Mount Pleasant, MI [Amended] 

Mount Pleasant Municipal Airport, MI 

(Lat 43°37′18′′ N, long 84°44′14′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Mount Pleasant Municipal Airport. 

* * * * * 

Issued in Fort Worth, Texas, on December 

2, 2023. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2023–26862 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2022–0432] 

14 CFR Chapter I 

Policy Regarding Processing Land Use 

Changes on Federally Acquired or 

Federally Conveyed Airport Land 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of final policy. 

SUMMARY: This action finalizes the 

FAA’s policy on the FAA’s procedures 

for processing land use changes on 

federally acquired or federally conveyed 

airport land or in situations where a 

land use change impacts the safe and 

efficient operation of aircraft or safety of 

people and property on the ground 

related to aircraft operations. These 

changes were needed because of 

legislative changes made in the FAA 

Reauthorization Act of 2018. The policy 

is intended to simplify the procedures 

required to make a land use change and 

to protect airport land by limiting the 

use of releases to the actual sale or 

disposal of airport property. 

DATES: This policy is effective January 8, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Willis, Director, Airport 

Compliance and Management Analysis, 

ACO–1, 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 (https://

www.regulations.gov) 

(2) Visiting FAA’s Regulations and 

Policies web page at (http://

www.faa.gov/regulations/policies); or 

(3) Accessing the Government 

Publishing 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). 

This policy should be used in 

conjunction with FAA Order 5190.6, 

Airport Compliance Manual, Chapter 

22, Releases from Federal Obligations; 

and FAA Order 5100.38, Airport 

Improvement Handbook; and any 

related policy implemented in 

conjunction and complementary with 

Airports Planning and Programming 

(APP) guidance. Additionally, 

compliance specialists will consult with 

FAA environmental protection 

specialists to determine what, if any, 

environmental obligations under 

relevant statutes or regulations may 

apply to specific land use changes at 

specific airports. 

Background 

Congress authorized financial 

assistance for an airport development 

project to acquire land, including land 

for future airport development (See 49 

U.S.C. 47104, 47107(c)(2)). Under the 

Airport Improvement Act, land is 

needed for an airport purpose ‘‘if the 

land may be needed for an aeronautical 

purpose (including runway protection 

zone) or serves as noise buffer land, and 

revenue from interim uses of the land 

contributes to the financial selfsufficiency of the airport.’’ (See 49 

U.S.C. 47107(c)(1)). Congress also 

authorized the conveyance of Federal 

non-surplus and surplus property for 


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1Airport sponsors that have accepted federally 

conveyed or federally acquired airport land have 

agreed to comply with certain obligations and 

policies included in the Federal grant agreement or 

the Federal conveyance documents regarding the 

use of the land. Those obligations derive from 

multiple statutes, deed covenants and the grant 

assurances. 

2See Policy on the Non-Aeronautical Use of 

Airport Hangars, 81 FR 38906–38907, (June 15, 

2016). 

3See section 163(b)(1)(A). 

4See section 163(b)(2). 

5The FAA may retain approval authority over 

proposed changes in the use of lands granted to an 

airport sponsor from the United States, including 

under the Surplus Property Act, 49 U.S.C. 47125, 

section 16 of the Federal Airport Act of 1946 Public 

Law 79– 377, section 23 of the Airport and Airway 

Development Act of 1970, Public Law 91–258, 

section 516 of the Airport and Airway Development 

Act of 1982, and former military airports conveyed 

to local public entities under the congressionally 

authorized Base Realignment and Closure program 

because lands granted under these statutes 

constitute Federal investments in the airport. 

6See section 163(b)(3). 

developing, improving, operating or 

maintaining a public airport. (See 49 

U.S.C. 47125, 47151). 

Federally conveyed or federally 

acquired land must be used for airport 

purposes until the FAA approves or 

consents to a change in land use. (See 

49 U.S.C. 47153(a), 47125(a), and 

47107(c)(2)(B)). In addition, Congress 

requires the FAA to submit an annual 

report listing airports not in compliance 

with airport land use restrictions and 

identifying necessary corrective action. 

(49 U.S.C. 47131(a)(5)).1

The FAA’s decision to approve or 

consent to a non-aeronautical or mixed 

land use or to release Federal 

obligations depends on the obligating 

documents, the current and future 

aeronautical need for the property, and 

the requested land use. For example, 

residential use of airport property is 

incompatible with the needs of civil 

aviation. Incompatible land uses on the 

airport are prohibited by FAA policy 

and are contrary to Federal obligations. 

Limiting the 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 nonaviation commercial uses that could be 

conducted off airport property.2 The 

FAA must consider both the existing 

and future aviation demand. 

Implications of FAA Reauthorization 

Act of 2018 

Through the ‘‘FAA Reauthorization 

Act of 2018’’ (Pub. L. 115–254), Section 

163, Congress changed the FAA’s 

authority to regulate non-federally 

acquired or conveyed airport land. The 

FAA’s authority over a proposed land 

use change may be limited when (1) it 

does not impact the safe and efficient 

operation of aircraft or the safety of 

people and property on the ground 

related to aircraft operations or (2) does 

not adversely affect the value of prior 

Federal investments to a significant 

extent. (See Pub. L. 115–254, section 

163(b)(1)(A) and (d)(1)(B)). Section 

163(a) limits the FAA’s authority to 

directly or indirectly regulate an airport 

owner or operator’s acquisition, use, 

lease, encumbrance, transfer, or disposal 

of land, any facility upon such land, or 

any portion of such land or facility. 

However, Section 163(b) contains three 

exceptions and provides that the 

limitations of Section 163(a) do not 

apply to the following: 

1. Any regulation ensuring the safe 

and efficient operation of aircraft or the 

safety of people and property on the 

ground related to aircraft operations; 3

2. Any regulation imposed with 

respect to land or a facility acquired or 

modified using Federal funding; 4

3. Any authority contained in a 

Surplus Property Act instrument of 

transfer,5 or section 40117 of title 49 

United States Code (Passenger Facility 

Charge statute).6

When the FAA retains approval 

authority over a proposed land use 

change or sale, the FAA will follow this 

policy guidance and FAA Order 5190.6, 

Airport Compliance Manual. When the 

FAA does not have approval authority 

over a proposed land use change or sale, 

all of the airport sponsor’s Federal 

statutory and grant assurance 

obligations remain in full force and 

effect, including over its remaining 

airport property. In addition, airport 

sponsors remain obligated under FAA’s 

Policies and Procedures Concerning the 

Use of Airport Revenue (64 FR 7696, 

February 16, 1999) (Revenue Use 

Policy), and FAA’s Policy Regarding 

Rates and Charges (78 FR 55330, 

September 10, 2013). Any land that is to 

be sold or leased must be at fair market 

value and the funds must be used in 

accordance with the FAA’s Revenue Use 

Policy. (See 49 U.S.C. 47107(c)(2)(B)). 

The airport sponsor should retain 

sufficient authority over the disposed 

land to prevent uses that conflict with 

its Federal obligations and related 

requirements or create conditions 

resulting in violations of the Grant 

Assurances. To retain this authority, 

airport sponsors should consider using 

subordination clauses, reservations, 

covenants, or other restrictions in a 

deed, or other instrument, to protect the 

public’s right to fly over the land, 

prohibit obstructions to air navigation or 

interference with the flight of aircraft, or 

assure compatible land use. The deed or 

other instrument containing the 

restrictions should be recorded in local 

land records. 

The FAA may verify compliance with 

these requirements through a financial 

compliance review, request and review 

of supporting documentation, 

enforcement of grant assurances, or 

other enforcement mechanisms. The 

airport sponsor also has the 

responsibility to comply with all 

Federal, state, and local environmental 

laws and regulations. 

In September 2022, the FAA issued a 

Draft FAA Policy Regarding Processing 

Land Use Changes on Federally 

Acquired or Federally Conveyed Airport 

Land and requested comments. (87 FR 

56601, September 15, 2022). The FAA 

received comments from 29 commenters 

representing airport sponsors, industry 

groups, and airport consultants. 

Discussion of Public Comments 

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. 

1. Comment: Commenters asked for 

clarification on the purpose and reason 

for the policy clarification. 

Response: As the steward of federally 

acquired and federally conveyed land, 

FAA’s role is to ensure that such land 

is available to serve aviation needs. New 

aviation entrants (air mobility, UAS, 

etc.) are changing the nature of aviation 

and their ability to use land previously 

deemed inaccessible due to its distance 

from the runway and taxiway 

environment is changing. To ensure 

land is available to serve these growing 

aviation needs, the FAA, as a general 

policy, will only release Federal 

obligations when land is to be sold or 

conveyed. This policy allows airport 

sponsors to seek approval for nonaeronautical land use in excess of 3–5 

years without a release of obligations. 

2. Comment: Commenters asked 

whether the policy applies to land 

acquired for noise compatibility. 

Response: This policy does not apply 

to land acquired for noise compatibility 

purposes. FAA’s Noise Land 

Management and Requirements for 

Disposal of Noise Land or Development 

Land Funded with AIP issued June 2014 

(www.faa.gov/sites/faa.gov/files/ 

airports/environmental/policy_

guidance/Noise-Land-ManagementDisposal-AIP-Funded-NoiseDevelopment-Land.pdf) provides 

guidance on disposal and retention of 

noise land through the Noise Land 

Reuse Plan. 


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7This also applies in situations where a land use 

impacts the safe and efficient operation of aircraft 

or safety of people and property on the ground 

related to aircraft operations. 

8This process supersedes the existing interim and 

concurrent use process discussed in FAA Order 

5190.6B, Airport Compliance Manual, 2009, that 

was limited to 3–5 years. 

9Airport sponsors should follow the existing 

release process in 14 CFR part 155, Release of 

Airport Property from Surplus Property Disposal 

Restrictions and FAA Order 5190.6, Chapter 22. 

3. Comment: Commenters are 

concerned that the duration of FAA’s 

approval or consent to a land use 

change will be limited to the length of 

a lease and create additional workload. 

Response: The final policy clarifies 

that the duration of the FAA’s approval 

or consent will be dependent on the 

circumstances at the airport. It may be 

permitted for the duration of the 

approved use so long as the land is not 

needed for aeronautical use. The 

duration is not limited to an individual 

lease term. 

4. Comment: Commenters asked 

whether FAA will now review and 

approve leases. 

Response: The policy does not change 

the FAA’s approach to the review of an 

airport sponsor’s leases. The FAA does 

not approve leases but will continue to 

review some leases, as needed, to 

ascertain compliance with an airport 

sponsor’s Federal obligations. 

5. Comment: Commenters asked 

whether aeronautical or airport purpose 

land uses need FAA consent or 

approval? 

Response: Aeronautical and airport 

purpose land uses do not need FAA 

approval or consent for the use. 

However, airport sponsors are reminded 

that other approvals, such as airspace, 

may still be required. 

6. Comment: Commenters asked FAA 

to provide a timeframe for completing a 

land use change review. 

Response: FAA recommends that 

airport sponsors work closely with their 

Region/ADO to determine the 

timeframes for completing a land use 

change review. Each situation is unique 

and the timeframe is dependent upon 

the level of documentation submitted 

and airport-specific information. 

7. Comment: Commenters asked if 

there is an appeal process if a sponsor’s 

request is denied. 

Response: Similar to an airport 

sponsor’s request for a release, if the 

request is denied, the airport sponsor is 

encouraged to work with Region/ADO 

to find possible alternatives that will 

meet their needs, while protecting the 

aeronautical use of the airport. A 

Region/ADOs determination is not a 

final agency decision. The Region/ADO 

can coordinate with ACO–100 as 

needed. 

8. Comment: Commenters asked if the 

policy is retroactive and if existing uses 

will be grandfathered. 

Response: This policy is not 

retroactive. It will not apply to land that 

FAA has previously released for nonaeronautical use under a Letter of 

Release or a Deed of Release. However, 

existing interim/concurrent use 

approvals will be reviewed in 

accordance with this policy when the 

existing approval expires. 

9. Comment: Commenters asked when 

under this policy must airport sponsors 

update their Exhibit A. 

Response: Under this policy, an 

airport sponsor’s Exhibit A must be 

updated when the FAA issues a letter of 

consent or approval or when the 

property is released for sale or 

conveyance off the airport. 

10. Comment: Commenters asked if 

the designation of a non-aeronautical 

area on the Airport Layout Plan (ALP) 

mean the land use has been approved. 

Response: The designation of nonaeronautical areas on the ALP does not 

mean a particular land use has been 

approved. These areas can still be 

shown as proposed on the ALP but must 

be updated on the Exhibit A once the 

FAA has approved or consented to the 

use. 

11. Comment: Commenters asked 

whether NEPA applies to FAA’s 

issuance of letters of consent or 

approval. 

Response: These comments are not 

within the scope of the policy and have 

been shared with the appropriate office 

for consideration. Airport sponsors 

should coordinate with their local FAA 

Region/ADO to determine their National 

Environmental Policy Act (NEPA) 

obligations. 

12. Comment: Commenters asked how 

this policy relates to the FAA’s existing 

Section 163 guidance? 

Response: This policy does not 

change FAA’s review and approval 

authority for ALPs or land use under 

Section 163. The policy only addresses 

how land use approvals are processed 

after FAA has determined we retain 

approval authority. 

13. Comment: Commenters noted that 

49 U.S.C. 47107(c)(1)(A) includes ‘‘(ii) 

revenue from interim uses of the land 

[that] contributes to the financial selfsufficiency of the airport . . .’’ and 

should not be omitted from the 

definition of Airport Purpose. 

Response: In the final policy, the FAA 

has included 49 U.S.C. 47107(c)(1)(A)(i) 

and (ii) in the definition of airport 

purpose. 

14. Comment: Commenters asked for 

additional detail on how the FAA will 

assess the primary purpose of a 

requested land use change. Some 

commenters suggested square footage, 

customer base, nature of the structure, 

etc. 

Response: The FAA recognizes that 

there are numerous ways a requested 

land use change can be evaluated to 

determine its primary purpose. Airport 

sponsors should work closely with their 

Region/ADO to complete the land use 

change review. 

15. Comment: Some Commenters 

requested a response to specific 

individual examples at their airport. 

Response: The FAA recognizes that 

land use decisions must be based on the 

specific use identified and the situation 

at the airport. The FAA has provided 

general guiding examples, but the 

determination is dependent on the 

specific facts of a situation and should 

be discussed with the local Region/ 

ADO. 

III. Final Policy 

The FAA is adopting the following 

FAA policy and practice regarding 

processing land use changes on 

federally acquired or federally conveyed 

airport land: 7 (1) in reviewing an airport 

sponsor’s request for a land use change 

on federally acquired or federally 

conveyed airport land, the FAA will 

review the primary purpose of the 

requested land use, rather than 

examining each individual component 

of the request as aeronautical or 

nonaeronautical; (2) FAA written 

approval or consent is only required for 

a change in land use to non-aeronautical 

use, mixed use, or for interim uses of 

the land that contribute to the financial 

self-sufficiency of the airport; (3) the 

duration of the FAA’s approval or 

consent will be dependent on the 

circumstances at the airport and may be 

permitted for the duration of the 

approved use; 8 (4) The FAA will only 

release Federal obligations when the 

airport sponsor requests a release for the 

sale or conveyance of airport land that 

meets FAA release requirements, such a 

release must have ACO–100 

concurrence; 9 and (5) FAA letters of 

approval or consent will be documented 

on the Exhibit A. 

Applicability 

This policy applies to all requests for 

land use changes on federally acquired 

or federally conveyed land as well as 

when a land use change impacts the safe 

and efficient operation of aircraft or the 

safety of people and property on the 

ground related to aircraft operations. 


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10FAA has provided guidance on the temporary 

non-aeronautical use of a hangar in FAA’s Hangar 

Use Policy (Policy on the Non-Aeronautical Use of 

Airport Hangars (81 FR 38906), June 15, 2016). 

www.govinfo.gov/content/pkg/FR-2016-06-15/pdf/ 

2016-14133.pdf). 

1. General 

This policy and practice is intended 

to ensure that the Federal investment in 

federally obligated airports is protected 

by making the use of aeronautical land 

and facilities available for aeronautical 

purposes and to ensure that airport land 

and facilities are available to meet the 

current and future aeronautical demand 

of the airport. Aeronautical users should 

not be displaced by non-aviation 

commercial uses, especially those that 

could be conducted off airport property. 

2. Explanation of Terms 

Aeronautical Use—The FAA 

considers the aeronautical use of an 

airport to be any activity that involves, 

makes possible, is required for the safety 

of, or is otherwise directly related to, the 

operation of aircraft. Aeronautical use 

includes services provided by air 

carriers related directly and 

substantially to the movement of 

passengers, baggage, mail, and cargo at 

the airport. (FAA’s Policy Regarding 

Rates and Charges, 78 FR 55331, 

September 10, 2013). 

Over time, the definition of 

aeronautical use has remained relatively 

unchanged, except when changes were 

needed to reflect necessary access for 

sky diving and new entrants. Land on 

which an aeronautical activity takes 

place is by its nature aeronautical use 

(e.g., drop zone, apron, hangar). 

The FAA confirms the use of a narrow 

definition of what constitutes an 

‘‘aeronautical use’’ for land use 

purposes. Congress authorized financial 

assistance for an airport development 

project to acquire land, including land 

for future airport development (See 49 

U.S.C. 47104, 47107(c)(2)(B)). Congress 

also authorized the conveyance of 

Federal non-surplus and surplus 

property for developing, improving, 

operating or maintaining a public 

airport. (See 49 U.S.C. 47125, 47151). 

The Congressional intent is furthered by 

a policy that requires aeronautical land 

to be used for aeronautical purposes 

unless the FAA discharges the airport 

sponsor of that obligation. Limiting the 

use of aeronautical land and facilities 

for aeronautical purposes ensures that 

airport land and facilities are available 

to meet the aeronautical demand of the 

airport, including future demand. Also, 

aeronautical users should not be 

displaced by non-aviation commercial 

uses, especially those that could be 

conducted off airport property. 

Aeronautical use lands receive 

additional protection and benefits. They 

are afforded the protection of the grant 

assurances and aeronautical users may 

be charged favorable below market 

aeronautical rates. Overall, a narrower 

definition of aeronautical use helps 

protect the Federal investment in 

aviation by ensuring that 

nonaeronautical uses cannot easily 

displace aeronautical uses and thereby 

diminish the safety, efficiency, and 

utility of the entire airport. 

Examples of aeronautical use include: 

1. Operational uses such as aerial 

approaches, navaids, runways, 

taxiways, aprons, hangars, or other 

aircraft movement areas; 

2. Future developmental uses to 

reserve property interests for foreseeable 

aeronautical development (e.g., a 

planned runway extension or a planned 

terminal building development); and 

3. Essential services that directly 

support flight operations (e.g., aircraft 

maintenance, fueling, and servicing; 

mail, passenger, and cargo processing 

facilities; communications and air traffic 

control; crash rescue, firefighting, and 

airport maintenance). 

Airport Purpose: Uses of land that are 

(1) directly related to the actual 

operation or the foreseeable aeronautical 

development of a public airport and (2) 

whose nonaeronautical components do 

not conflict with existing or foreseeable 

aeronautical needs/demands. These 

uses do not require FAA consent or 

approval of land use. These are 

situations where a primary aeronautical 

facility has some nonaeronautical 

components, including parking, that 

support that facility’s core aeronautical 

function within its operation. These 

nonaeronautical components should be 

paying a fair market value lease rate. 

Examples of this include: 

1. A terminal complex: All 

components of a terminal complex 

(including the building, terminal 

concessions, airline ticket and car rental 

counters, parking, and roads); 

2. A fixed base operator (FBO) facility, 

including parking and classrooms; 

3. Parking associated with the airport 

purpose (e.g., passenger and employee 

parking); 

4. Airport service roads; and 

5. Truck parking for air cargo 

processing facilities when it is directly 

related to moving inbound and 

outbound air cargo on and off the 

airport. 

This does not include certain uses, 

such as aircraft manufacturing plants 

and warehouse distribution facilities, 

which are considered as mixed-use as 

defined below. 

In addition, airport purpose includes 

land that may be needed in the future 

for an aeronautical purpose and revenue 

from an interim use of the land 

contributes to the financial selfsufficiency of the airport. Such interim 

uses require FAA approval or consent as 

described below. 

Non-Aeronautical Use: All other uses 

that are not considered aeronautical or 

airport purpose. These uses will require 

FAA consent or approval of the land 

use. Examples of non-aeronautical use 

include: 

1. Car rental facility (stand-alone); 

2. Hotel; 

3. Warehouse and distribution center; 

and 

4. Parking associated with nonaeronautical uses (e.g., customer and 

employee parking for hotel, warehouse 

and distribution center, car rental). 

Non-aeronautical uses commonly 

occur at airports, but these uses do not 

have the priority or protection of the 

grant assurances. There is no Federal 

requirement that obligated airport 

sponsors accommodate nonaeronautical uses. This differentiation 

between aeronautical and nonaeronautical is intended to protect the 

Federal investment in aviation and 

ensure that non-aeronautical uses 

cannot easily displace aeronautical uses 

and thereby diminish the safety, 

efficiency, and utility of the airport.10

Mixed Uses—A mixed-use facility 

contains both aeronautical and nonaeronautical uses, but the nonaeronautical use could be located off 

airport property. These uses will need 

FAA consent or approval for the land 

use. The FAA will take into account 

whether the non-aeronautical 

component will impact existing uses or 

conflict with existing or foreseeable 

aeronautical needs/demand. Examples 

of mixed uses include: 

1. Mail distribution centers that are 

connected to an air cargo operation; 

2. Cargo operations where the primary 

purpose of the operation goes beyond 

air cargo processing facilities and 

expands into non-aeronautical elements, 

such as office building complexes, 

sorting facilities, long-term storage 

(warehousing), freight forwarders, and 

third-party logistics providers, certain 

access infrastructure, or certain truck 

parking/trailer facilities (stalls). Most of 

these are related to other transportation 

modes or aspects of the cargo business, 

not directly and substantially to its 

‘‘aeronautical activity’’; 

3. Aircraft manufacturing facility that 

includes final assembly, but also 

significant non-aeronautical uses such 

as engineering facilities, research and 

development facilities, parts 


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11 In some instances, an AP–4 Agreement 

included a federal land purchase. The original 

agreement and funding should be reviewed to 

confirm the source of the funds. 

12The airport sponsor must obtain FAA approval 

of interim land uses for revenue production on 

property acquired for an airport purpose (See 49 

U.S.C. 47107(c)(1)). 

13An airport sponsor may reference documents 

already submitted as part of a review under Section 

163 and will not need to resubmit unless there have 

been changes or information is missing. 

manufacturing and storage, or office 

buildings; and 

4. Parking associated with the mixed 

use (e.g., customer and employee 

parking for mail distribution, cargo 

operations, aircraft manufacturing). 

Federally acquired land—This is land 

that was acquired with Federal funds 

including the Airport Improvement 

Program (AIP), Federal Aid to Airports 

Program (FAAP), Airport Development 

Aid Program (ADAP), and as part of an 

AP–4 agreement.11 It also includes 

airport sponsor-acquired land that was 

used for the airport sponsor match for 

an AIP project or was swapped for AIP 

purchased land. 

Federally conveyed land—This is 

land conveyed to the airport sponsor by 

the Federal government through a 

written deed of conveyance (sometimes 

called a patent or included in a lease 

termination, etc.) that contained specific 

restrictions or allowances for the use of 

the land. The FAA recognizes that some 

Federal conveyance documents 

specifically permit non-aeronautical use 

for revenue production or a specific 

identified use—in these instances, there 

is not a change in land use. Federally 

conveyed land includes land transferred 

under: 

1. Surplus Property Act, codified in 

49 U.S.C. 47151–47153, including 

former military airports conveyed to 

local public entities under 10 U.S.C. 

2687 of the Defense Base Closure and 

Realignment Act (BRAC) program or any 

other Federal laws; and, 

2. Section 16 of the Federal Airport 

Act of 1946, 119 Public Law 79–377, 

Section 23 of the Airport and Airway 

Development Act of 1970, Public Law 

91–258, and Section 516 of the Airport 

and Airway Development Act of 1982, 

codified in 49 U.S.C. 47125. These are 

sometimes referred to as non-surplus 

property transfers. 

Release of Federal obligations—The 

formal, written authorization 

discharging and relinquishing all or part 

of the FAA’s right to enforce an airport’s 

contractual or deeded obligations. The 

FAA’s authority to release, waive, or 

amend an obligation is contained in 49 

U.S.C. 47153(a) and 47107(h)(2). 

Letter of consent or approval—The 

FAA’s action on a proposed land use 

change will be documented in the form 

of a letter of consent or a letter of 

approval, depending upon the 

obligating deeds or documents and the 

land at issue. Surplus Property Act 

deeds require the FAA’s written consent 

for a non-aeronautical use, so a letter of 

consent is appropriate. 

Alternatively, Grant Assurance 5, 

Preserving Rights and Powers, requires 

prior written approval of the Secretary 

for the sale or transfer of any property 

upon which Federal funds have been 

expended, which would require a letter 

of approval. In both cases, the letters 

serve the equivalent purpose of 

documenting the FAA’s action on the 

airport sponsor’s request. These letters 

also serve to approve interim uses for 

revenue production on property 

acquired for an airport purpose. 

3. Process for Evaluating Land Use 

Changes 

Uses of airport land will fall into one 

of four categories: (1) aeronautical use, 

(2) airport purpose, (3) non-aeronautical 

use, or (4) mixed-use. 

The airport sponsor must obtain FAA 

approval or consent for all nonaeronautical and mixed uses of federally 

acquired or federally conveyed land.12

FAA approval or consent is not needed 

for a proposed land use that meets the 

definition of aeronautical use or airport 

purpose. The following explains the 

process when an airport sponsor 

requests a change in land use on 

federally conveyed or federally acquired 

land: 

A. What Airport Sponsors Must Submit 

The airport sponsor’s request needs to 

include the following: 13

1. identification of the property and 

documentation on how the land was 

acquired (i.e., Federal conveyance 

documents, Federal grant agreements, 

Exhibit A); 

2. current use of the property; 

3. current and future aeronautical 

demand of the airport and the property 

(e.g., current Master Plan, forecasts, 

hangar waitlists); and, 

4. proposed use of the property, 

including the anticipated length of the 

use. 

B. FAA’s Evaluation of the Request 

Upon receipt of all documents, the 

FAA will promptly review the airport 

sponsor’s request. The review involves 

a certain level of discretion by the FAA 

and the airport sponsor. The FAA may 

request additional information regarding 

the proposal. Major considerations in 

granting approval or consent include 

the: 

1. Reasonableness and practicality of 

the airport sponsor’s request, 

2. The effect of the request on needed 

aeronautical facilities, 

3. The net benefit to civil aviation, 

and 

4. Compatibility of the proposal with 

the needs of civil aviation. 

(Incompatible land uses on the airport, 

including residential use, are prohibited 

by FAA policy and are contrary to 

federal obligations.) 

The distinctions may vary slightly 

depending on the circumstances of the 

situation, such as intermodal 

functionality, business model, project 

integrity, available airport land, project 

size and location, airport planning 

priorities, and funding requirements 

and restrictions. The land use must 

benefit the airport and its functions in 

support of aeronautical uses and must 

not adversely affect the value of the 

federal investment in the airport and its 

facilities. 49 U.S.C. 47107(a)(16)(B), 

47125(a), and 47152(1). 

The land use should be compatible 

with the airport’s current or future 

aeronautical use or demand. FAA 

approval will not be granted if the FAA 

determines that an aeronautical demand 

for the land is likely to exist within the 

period of the requested land use. The 

duration of FAA’s approval or consent 

will depend on the circumstances at the 

airport and may be permitted for the 

duration of the approved use. The 

approval or consent must state that the 

land will be returned to aeronautical use 

at the end of the approved period. 

C. Documentation of FAA Decision 

Upon completion of the review, the 

FAA will either issue a letter of 

approval or consent for the use or deny 

the request. Where possible, the FAA 

may issue the letter of approval or 

consent concurrently with a Section 163 

determination letter. 

The letter of approval or consent will 

document the FAA’s determination of 

the land use on federally acquired or 

federally conveyed airport land. This 

letter will outline the conditions of the 

approval or consent and include a 

requirement that the land must be 

available for aeronautical use at the end 

of the approval or consent period. 

Generally, the approval or consent will 

remain in effect for the duration of the 

approved use. The letter of approval or 

letter of consent does not affect or 

negate the airport sponsor’s Federal 

obligations. 

The requirement for NEPA should be 

coordinated with the Regions/ADO 

Environmental Protection Specialist 

(EPS). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85479 

After an airport sponsor receives an 

FAA letter of consent or approval, it 

will update the Exhibit A. 

Issued in Washington, DC, on December 5, 

2023. 

Kevin C. Willis, 

Director, Office of Airport Compliance and 

Management Analysis. 

[FR Doc. 2023–27017 Filed 12–7–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, and 774 

[Docket No. 230920–0229] 

RIN 0694–AJ29 

Allied Governments Favorable 

Treatment: Revisions to Certain 

Australia Group Controls; Revisions to 

Certain Crime Control and Detection 

Controls 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

removing Proliferation of Chemical and 

Biological Weapons (CB) controls on 

specified pathogens and toxins that are 

destined for Australia Group (AG) 

member countries and by revising the 

Commerce Country Chart to remove 

Crime Control and Detection (CC) 

controls on certain items that are 

destined for Austria, Finland, Ireland, 

Liechtenstein, South Korea, Sweden, 

and Switzerland. These changes are 

being made as part of a broader effort 

announced today that will liberalize 

several categories of export licensing 

requirements and the availability of 

export license exceptions for key allied 

and partner countries, as well as for 

members of certain multilateral export 

control regimes. 

DATES: This rule is effective December 8, 

2023. 

FOR FURTHER INFORMATION CONTACT: For 

questions on pathogens and toxins 

discussed in this rule, contact Dr. Tara 

Gonzalez, Chemical and Biological 

Controls Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3343, 

Email: Tara.Gonzalez@bis.doc.gov. For 

all other questions pertaining to this 

rule, contact Logan Norton, Regulatory 

Policy Division, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce, 

(202) 482–1762, Email: RPD2@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Liberalizing Controls for Allies and 

Partners 

Historically, the United States has 

relied on deep connections with its 

allies and partners to protect its vital 

national security and foreign policy 

interests. In particular, the United States 

acts in close cooperation with its allies 

and partners to bring together the 

international community to address 

military aggression, threats to 

sovereignty, and human rights abuses 

around the world. This is especially true 

in the context of export controls, in 

which multilateral and plurilateral 

controls are typically the most effective 

path toward accomplishing our national 

security and foreign policy objectives. 

In remarks made at the U.S. State 

Department on February 4, 2021, 

regarding America’s place in the world, 

President Biden noted that America’s 

alliances are some of our greatest assets 

and that leading with diplomacy means 

standing shoulder to shoulder and 

working closely with our allies and key 

partners, thereby protecting the world 

against nefarious actors. At that time, 

President Biden highlighted the fact that 

the United States would be ‘‘more 

effective in dealing with Russia when 

we work in coalition and coordination 

with other like-minded partners.’’ 

(https://www.whitehouse.gov/briefingroom/speeches-remarks/2021/02/04/ 

remarks-by-president-biden-onamericas-place-in-the-world/). 

Consistent with this direction, a year 

later, following Russia’s unjustifiable 

further invasion of Ukraine and 

Belarus’s complicity in that invasion, 

the United States led the formation of 

and continues to lead alignment within 

the Global Export Controls Coalition 

(GECC), now comprising the United 

States and 38 other global economies. 

BIS’s export controls on Russia and 

Belarus have been successful because 

they have been imposed and maintained 

in coordination with U.S. allies and 

partners. At the same time, in addition 

to the GECC, BIS has forged deeper ally 

and partner country relationships 

through a series of bilateral and 

multilateral export controls dialogues, 

including under the auspices of the 

U.S.-European Union Trade and 

Technology Council (TTC) and the U.S.- 

Japan Commercial and Industrial 

Partnership (JUCIP). 

The changes made with this rule and 

two other ally and partner rules 

published today are part of a broad 

effort to liberalize controls for allies and 

partner countries under the EAR (15 

CFR parts 730–774). Together, these 

rules will ease several categories of 

export licensing requirements and 

increase the availability of export 

license exceptions for key allied and 

partner countries, as well as members of 

certain multilateral export control 

regimes. 

Overview of Regulatory Changes 

As described below, in recognition of 

key allies’ and partners’ support of our 

efforts against Russia, along with their 

leadership in the areas of chemical and 

biological weapons nonproliferation and 

the promotion of human rights, BIS is 

making two sets of amendments to the 

EAR. First, it is revising the Chemical 

and Biological Nonproliferation (CB) 

controls that apply to certain pathogens 

and toxins that are destined for 

members of the Australia Group (AG). 

Second, it is removing Crime Controls 

(CC) on seven key allied and partner 

countries, Austria, Finland, Ireland, 

Liechtenstein, South Korea, Sweden, 

and Switzerland. These amendments to 

the EAR eliminate certain controls on 

allied and partner countries, as well as 

on AG member countries, thereby 

facilitating exports and reexports 

involving these countries and allowing 

BIS to apply its resources toward 

reviewing and monitoring more 

sensitive exports and higher-risk 

transactions. These amendments are 

part of a larger effort announced by BIS 

today that includes several EAR 

amendments eliminating certain license 

requirements and broadening the 

availability of license exceptions for 

allied and partner countries, including 

member countries of international 

regimes. 

Pathogens and Toxins 

The AG is the multilateral export 

control regime responsible for 

controlling chemical and biological 

items to ensure that such items do not 

contribute to chemical and biological 

weapons proliferation. The AG 

currently has 43 members, including the 

United States. All items controlled 

under ECCNs 1C351, 1C353, 1C354, 

1E001, and 1E351 on the Commerce 

Control List (CCL) (supp. no. 1 to part 

774 of the EAR) are controlled 

multilaterally by the AG, except those 

items controlled under ECCN 1C351.b. 

Prior to this rule, entries for 

pathogens and toxins controlled under 

ECCNs 1C351, 1C353, 1C354, and their 

related technologies controlled under 

ECCNs 1E001, and 1E351, listed CB 

Column 1 (CB:1) (see Commerce 


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