36144 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 

1The policy does not apply to a change of 

sponsorship or ownership of a privately-owned 

airport, transfers under the Airport Privatization 

Pilot Program, or changes when the Federal 

Government exercises its right of reverter. 

2Consent from the current sponsor/operator 

before a change of sponsorship or operational 

authority is a critical factor for the FAA in 

determining whether safety, efficiency, and 

compliance with grant assurances as required by 

Federal law will be fully satisfied prior to, during, 

and after any transition period between sponsors/ 

operators. Even when consent is obtained, the FAA 

independently will determine whether the 

proposed sponsor/operator is able to satisfy Federal 

requirements for airport sponsorship or operation. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

Notice of Policy on Evaluating 

Disputed Changes of Sponsorship at 

Federally Obligated Airports 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of policy. 

SUMMARY: This document clarifies the 

FAA’s legal authority and policy for 

addressing disputed changes of 

sponsorship at federally obligated, 

publicly owned airports. This document 

also explains the requirements for state 

or local government entities to 

coordinate with the FAA when 

contemplating actions that may impact 

an airport’s ownership, sponsorship, 

governance, or operations. 

DATES: June 6, 2016. 

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: 

I. Introduction 

This document clarifies the FAA’s 

legal authority and policy for 

monitoring and approving requests to 

change the sponsorship of, and/or 

operational responsibility for, an airport 

from one public agency to another 

public agency when there is a dispute 

surrounding the proposed change.1 This 

document also describes the 

requirements for coordination between 

the FAA and state or local governments 

contemplating actions that may impact 

an airport’s ownership, sponsorship, 

governance, or operations, to ensure that 

such actions are consistent with Federal 

requirements. Where the current 

sponsor/operator and the proposed new 

sponsor/operator agree to a change of 

sponsorship and/or operational control, 

Section IV of this document does not 

apply. 

II. FAA Legal Authority and 

Responsibility 

While state or local legislative action, 

or a judicial action, as the case may be, 

may seek to change an airport’s 

ownership, sponsorship, governance, or 

operations, only the FAA has the 

authority to determine sponsor 

eligibility, approve and formally change 

airport sponsorship, and approve and 

issue a new Airport Operating 

Certificate pursuant to 14 CFR part 139. 

The FAA has a statutory obligation to 

ensure that an airport sponsor/operator 

is capable of assuming all grant 

assurances, safety compliance, and 

other Federal obligations, and has the 

expertise to operate the airport. 

Specifically, an airport sponsor/operator 

must meet the requirements set out in 

title 49 U.S.C. 44706, as implemented 

by 14 CFR part 139, for obtaining an 

Airport Operating Certificate, (if 

applicable) or in 49 U.S.C. 47102, as 

implemented by FAA Order 5100.38D 

(which includes provisions governing 

sponsor eligibility for Airport 

Improvement Program (AIP) funding) 

and/or 14 CFR part 158 (which governs 

the Passenger Facility Charge (PFC) 

program pursuant to 49 U.S.C. 40117). 

The FAA’s obligation extends to 

reviewing sponsor/operator eligibility 

when state and local governments 

propose a change in the airport 

governance structure to ensure that 

there is no ambiguity regarding 

responsibility for Federal obligations 

and that any proposed changes will not 

impact compliance with Federal law. (In 

the event of a local or state dispute 

regarding sponsorship/operation of the 

airport, the FAA will apply the policy 

set out in Section IV below.) If any 

proposed changes give rise to such 

concerns by the FAA, the agency will 

work with state and/or local 

government(s) to resolve the concerns 

or, if the concerns cannot be addressed, 

deny the request. 

Airport sponsors and operators are 

required to maintain compliance with 

Federal requirements at all times, and 

this document does not preclude the 

FAA from taking enforcement action if 

a sponsor or operator fails to fulfill its 

obligations, even if the FAA has 

approved the transfer. 

III. Coordination of Potential Actions 

To Change Sponsorship/Operations 

Any state or local legislative body or 

public agency considering whether to 

take an action, such as drafting 

legislation, that would impact airport 

ownership, sponsorship, governance, or 

operations should (1) consult with and 

obtain the consent of the current 

sponsor/operator (absent extraordinary 

circumstances, such as substantial 

evidence of mismanagement on the part 

of the current sponsor/operator); 2 and 

(2) request technical assistance from the 

FAA about the interrelationship 

between Federal and state or local 

requirements, and seek the FAA’s 

review and comment as early in the 

deliberative process as is practicable. A 

failure to consult may cause FAA to 

deny a proposed change to airport 

sponsorship and/or operating authority. 

In all cases, final decisions regarding the 

proposed change will be made by FAA’s 

Office of Airport Compliance and 

Management Analysis. 

In seeking technical assistance, 

representatives of the existing and/or 

proposed sponsors and operators must 

contact the appropriate Regional Office 

or Airport District Office (ADO) as early 

in the process as practicable. The 

Regional Office or ADO will inquire as 

to whether the proposed change is 

disputed, and the FAA will not act upon 

the proposed change until the dispute is 

resolved in accordance with Section IV 

below. In the absence of a dispute or 

upon final resolution of a dispute, the 

Regional Office or ADO will work with 

prospective airport sponsors and 

operators to ensure understanding of 

and compliance with the legal 

obligations associated with being an 

airport sponsor or operator (including 

those under part 139 as well as the AIP 

grant assurances and the PFC program 

requirements). 

As soon as Regional Offices and ADOs 

become aware of a proposed change in 

ownership, sponsorship, governance, or 

operations, they must alert the FAA 

Office of Airport Compliance and 

Management Analysis, which will 

advise the Office of Airport Safety and 

Standards and Office of Airport 

Planning and Programming. The Office 

of Airport Compliance and Management 

Analysis is responsible for approving all 

changes to an airport’s ownership, 

sponsorship, governance, or operations. 

The Office of Airport Safety and 

Standards is responsible for 

administering 14 CFR part 139. The 

Regional Airport Safety and Standards 

Offices are responsible for approving 

changes to the part 139 Airport 

Certification Program Handbook. The 

Office of Airport Planning and 

Programming also plays a role in 

determining sponsor eligibility, and 

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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36145 

administers the AIP and PFC programs, 

as well as several associated programs 

and requirements. 

IV. FAA Policy on Disputed Changes to 

Airport Sponsorship or Operations 

The determination of whether to seek 

a new applicant for airport sponsorship 

is a state or local decision. The FAA 

expects that all disputes about whether 

to change airport sponsorship and/or 

operating authority will be resolved 

through a legally-binding agreement 

between the parties involved in the 

dispute or a final, non-reviewable legal 

decision. While parties should seek 

technical assistance from the FAA as 

early as practicable, parties are 

encouraged to wait until a dispute has 

been resolved before submitting an 

application to the FAA seeking the 

agency’s approval of a change in 

sponsorship of, and/or operational 

responsibility for, an airport. In matters 

in which a proposed change is contested 

by a current sponsor or operator, the 

FAA will not act on a part 139 

application or a change of airport 

sponsorship and/or operating authority 

until the dispute is definitively resolved 

to the satisfaction of the FAA. 

Resolution may be demonstrated by 

issuance of a final, non-reviewable 

judicial decision requiring such a 

change, by the issuance of a consent 

letter between the existing airport 

sponsor and/or operator and the 

proposed new sponsor and/or operator, 

or by other legally definitive means 

deemed acceptable to the FAA. 

The FAA will accept an application 

for a change in airport sponsorship/

operation only upon a legally definitive 

resolution of a dispute. At that time, the 

FAA will evaluate whether an 

application is complete and whether the 

proposed airport sponsor/operator is 

capable of assuming all grant 

assurances, safety compliance, and 

other Federal obligations, and has the 

expertise to operate the airport as 

required by law. 

V. Reimbursement of Airport 

Investments 

In circumstances in which a change in 

sponsorship or operation of an airport is 

approved and effectuated, the new 

airport sponsor and/or operator should 

reimburse the prior sponsor for 

investments that have been made by the 

prior sponsor of the airport but have not 

been fully recouped at the time of the 

change in airport sponsorship. Any such 

reimbursements must be consistent with 

the FAA’s Policy and Procedures 

Concerning the Use of Airport Revenue, 

64 FR 7696 (Feb. 16, 1999). 

Issued in Washington, DC, on May 25, 

2016. 

Eduardo A. Angeles, 

Associate Administrator for Airports. 

[FR Doc. 2016–13177 Filed 6–1–16; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Safety and Environmental 

Enforcement 

30 CFR Parts 203, 250, 251, 252, 254, 

256, 280, 282, 290, and 291 

[Docket ID: BSEE–2016–0006; EEEE500000 

16XE1700DX EX1SF0000.DAQ000] 

RIN 1014–AA15 

Oil and Gas and Sulphur Operations in 

the Outer Continental Shelf—Technical 

Corrections 

AGENCY: Bureau of Safety and 

Environmental Enforcement (BSEE), 

Interior. 

ACTION: Final rule. 

SUMMARY: This rule makes minor edits, 

changes, and updates to BSEE 

regulations. These changes include, but 

are not limited to: correcting all current 

Office of Management and Budget 

(OMB) control numbers from ‘‘1010’’ to 

‘‘1014’’; adding two new control 

numbers to regulations as required by 

the Paperwork Reduction Act (PRA); 

changing the BSEE address from 

‘‘Herndon, VA’’ to ‘‘Sterling, VA’’; 

changing ‘‘shall’’ to ‘‘will’’ or ‘‘must’’ 

and changing ‘‘which’’ to ‘‘that’’; and 

revising other language where necessary 

for improved clarity. 

DATES: This rule becomes effective on 

July 28, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Amy White, Regulations and Standards 

Branch at (703) 787–1665 or email at 

regs@bsee.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The technical corrections in this 

rulemaking affect offshore operators, 

lessees, pipeline right-of-way holders, 

and permittees. The corrections are 

necessary to reflect accurate regulatory 

citations, add or change a few words for 

clarification, and revise section 

numbering. Also, regulatory text that 

was inadvertently removed in a 2013 

regulatory update is being re-inserted 

where it belongs. These corrections will 

make the regulations easier to read, 

understand, and comprehend, but will 

not change the purpose, scope or effect 

of the regulations. 

Because this rule makes no 

substantive change in any rule or 

requirement, BSEE for good cause finds 

that notice and public comment are 

unnecessary pursuant to 5 U.S.C. 

553(b)(3)(B). 

This rulemaking will correct 

regulations in 30 CFR parts 203, 250, 

251, 252, 254, 256, 280, 282, 290, and 

291 to reflect the changes discussed 

below. The following table shows the 

current regulatory citation and what 

changes were made. 

Section-by-Section Discussion 

Current citation Description of revision 

30 CFR part 203 ............................. Revises the authority citation for Part 203 from ‘‘43 U.S.C. 1331 et seq.’’ to ‘‘43 U.S.C. 1334’’. Revises the 

‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’. 

§ 203.3(b) ........................................ Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic 

payments of royalty relief fees. 

§ 203.5(a) ........................................ Corrects the OMB Control Number from ‘‘1010–0071’’ to ‘‘1014–0005’’. 

30 CFR part 250 ............................. Revises the ‘‘Herndon, VA’’ address to reflect the new address in ‘‘Sterling, VA’’.

§ 250.102(b) .................................... Adds the word ‘‘part’’ before ‘‘250’’ in paragraphs (b)(1) through (b)(18) in the table of general references 

for these regulations. 

§ 250.102(b) .................................... Adds new paragraph (b)(19) to the table of general references for these regulations, to include ‘‘Safety and 

Environmental Management Systems (SEMS), 30 CFR part 250, subpart S’’. 

§ 250.114(a) .................................... Adds the cross reference ‘‘(as incorporated by referenced in § 250.198)’’ after the phrase ‘‘Division 2’’. 

Undesignated Center Heading before § 250.118.Adds ‘‘Gas Storage or Injection’’ as an undesignated center heading to assist the reader with the regulatory text that follows. 

§ 250.126 ......................................... Provides a correct Web site address for the BSEE Fees for Services page (application fees) for electronic 

payments, adds the words ‘‘or permit,’’ and makes structural changes so that all text is contained in subsections (a) and (b). 

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