Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 44515 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new Airworthiness 

Directive (AD): 

Eurocopter France: Docket No. FAA–2012– 

0794; Directorate Identifier 2006–SW– 

04–AD. 

(a) Applicability 

This AD applies to Model AS350B3 and 

EC130B4 helicopters with an Aircraft Parts 

Corporation (APC) 200-ampere (amp) starter 

generator, part number (P/N) 200SGL130Q, 

installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

excessive power consumption of the starter 

generator, which reduces the engine surge 

margin. This condition could result in engine 

failure and subsequent loss of control of the 

helicopter. 

(c) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(d) Required Actions 

Within the next 100 hours time-in-service: 

(1) Revise Paragraph 2, Limitations, of the 

Rotorcraft Flight Manual (RFM) Supplement 

29 to reduce the maximum current of the 

starter generator to 180 amps Max. 

continuous. 

(2) Install a placard, 125 millimeters long 

by 10 millimeters wide, on the instrument 

panel below the vehicle engine multifunction 

display indicating the starter generator 

reduced limitation: ‘‘MAXIMUM 

CONTINUOUS GENERATOR LOAD = 

180A.’’ 

(e) Alternative Methods of Compliance 

(AMOC) 

(1) The Manager, Safety Management 

Group, Rotorcraft Directorate, FAA, may 

approve AMOCs for this AD. Send your 

proposal to: Chinh Vuong, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone (817) 

222–5110, fax (817) 222–5961, email 

chinh.vuong@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(f) Additional Information 

(1) Eurocopter Alert Service Bulletins No. 

01.00.57 and No. 04A002, both Revision 1, 

and both dated September 14, 2006, which 

are not incorporated by reference, contain 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 Forum Drive, Grand 

Prairie, TX 75053–4005, telephone (800) 

232–0323, fax (972) 641–3710, or at http:// 

www.eurocopter.com. You may review copies 

of the referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency AD No. 

2006–0337, dated November 7, 2006. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: Starter-Generator 2435. 

Issued in Fort Worth, Texas, on July 20, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–18463 Filed 7–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2012–0754] 

Airport Improvement Program (AIP): 

Policy Regarding Access to Airports 

From Residential Property 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed policy; 

implementation of Section 136; 

opportunity to comment. 

SUMMARY: This action proposes a policy, 

based on Federal law, concerning 

through-the-fence access to a federally 

obligated airport from an adjacent or 

nearby property, when that property is 

used as a residence. This proposed 

policy limits application of the FAA’s 

previously published interim policy (76 

FR 15028; March 18, 2011) to 

commercial service airports that 

certified existing residential throughthe-fence access agreements. In 

addition, this notice proposes to rescind 

applicability of the interim policy with 

regard to certain general aviation 

airports consistent with section 136 of 

Public Law 112–95 and describes how 

the FAA will interpret provisions of this 

law pertaining to residential throughthe-fence access. 

When the FAA adopted its interim 

policy on access to airports from 

residential property, the FAA 

announced its intent to initiate another 

policy review in 2014. This 

supplemental policy review will no 

longer be necessary. 

DATES: Send your comments on or 

before August 29, 2012. The FAA will 

consider comments on the proposed 

policy and its proposed implementation 

of Section 136 of Public Law 112–95. 

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– 

2012–XXX] 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. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. For 

more information, see the Privacy Act 

discussion in 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: 

Randall S. Fiertz, Director, Office of 

Airport Compliance and Management 

Analysis, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

telephone (202) 267–3085; facsimile: 

(202) 267–5257. 


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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 

proposed policy and all other 

documents in this docket using the 

Internet by: 

(1) Searching the Federal 

eRulemaking portal (http:// 

www.regulations.gov/search); 

(2) Visiting the 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 Subtitle VII, part 

B, chapter 471, section 47122 of title 49 

United States Code. 

Background 

On September 30, 2009, the FAA 

issued FAA Order 5190.6B, the Airport 

Compliance Manual. This order 

contains policy guidance for agency 

employees monitoring airport sponsor 

compliance with the grant assurances. 

Agency guidance that preceded Order 

5190.6B discouraged through-the-fence 

access at airports with grant obligations, 

and Order 5190.6B contained specific 

objections to residential through-thefence access based on more recent 

agency experiences. Order 5190.6B did 

not prescribe any specific actions to be 

taken by airport sponsors with 

residential through-the-fence access 

agreements and created ambiguity with 

regard to the future of these 

arrangements. The FAA accepted public 

comments on FAA Order 5190.6B after 

it was published. Comments received 

from interested airport sponsors, 

homeowners, and other parties urged 

the agency to reconsider its views on 

residential through-the-fence 

agreements. 

In 2010, the FAA’s Office of Airport 

Compliance initiated a policy review 

which included the review of written 

comments, meetings with state aviation 

officials, visits to airports with 

residential through-the-fence access, 

listening sessions with homeowners and 

homeowners’ associations, and 

discussions with aviation membership 

associations. The FAA published a 

proposed revision in agency policy on 

residential through-the-fence access for 

public comment in September 2010 (75 

FR 54946; September 9, 2010). 

In March 2011, the FAA announced 

the adoption of an interim policy 

Airport Improvement Program (AIP): 

Interim Policy Regarding Access to 

Airports From Residential Property (76 

FR 15028; March 18, 2011). The interim 

policy modified sponsor Grant 

Assurance 5, Preserving Rights and 

Powers, to prohibit new residential 

through-the-fence access to a federallyobligated airport. The interim policy 

also required airport sponsors to certify 

their status with regard to the policy, 

depict existing access points on the 

airport layout plan, and develop access 

plans outlining how the airport sponsor 

meets certain standards related to the 

sponsor assurances. When the interim 

policy was adopted, the FAA 

announced its intent to initiate another 

policy review of residential through-thefence access to federally-obligated 

airports in 2014. 

Since adopting the interim policy, 125 

federally-obligated airport sponsors 

have certified their status as having 

existing residential through-the-fence 

access agreements. The 125 locations 

include four commercial service 

airports, seven privately-owned reliever 

airports, and 114 general aviation 

airports. 

On February 14, 2012, the FAA 

Modernization and Reform Act of 2012 

(FMRA) was signed into law (Pub. L. 

112–95). Section 136 of this law permits 

general aviation airports, as defined by 

the statute, to enter into residential 

through-the-fence agreements with 

property owners or associations 

representing property owners. This 

must be a written agreement that 

requires the property owner to: 

• Pay access charges that the sponsor 

determines to be comparable to those 

fees charged to tenants and operators 

on-airport making similar use of the 

airport; 

• Bear the cost of building and 

maintaining the infrastructure the 

sponsor determines is necessary to 

provide access to the airfield from 

property located adjacent to or near the 

airport; 

• Maintain the property for 

residential, noncommercial use for the 

duration of the agreement; 

• Prohibit access to the airport from 

other properties through the property of 

the property owner; and 

• Prohibit any aircraft refueling from 

occurring on the property. 

In order to implement this law, the 

FAA amended the sponsor assurances 

(77 FR 22376; April 13, 2012). Among 

the modifications, sponsor assurance 

5(g) was redrafted to clarify that 

sponsors of commercial service airports 

are not permitted to enter into 

residential through-the-fence 

arrangements. However, sponsors of 

general aviation airports may enter into 

such an arrangement if the airport 

sponsor complies with the requirements 

of section 136 of Public Law 112–95 and 

the sponsor assurances. In addition, 

sponsor assurance 29, Airport Layout 

Plan, was amended to require all 

proposed and existing access points 

used to taxi aircraft across the airport 

property boundary be depicted on the 

airport layout plan (ALP). 

A complete list of the current grant 

assurances can be viewed at: http:// 

www.faa.gov/airports/aip/ 

grant_assurances/ 

The FAA is proposing its 

interpretation of the FMRA’s section 

136 and seeks public comment on this 

interpretation. In light of the public 

comment period, the FAA’s 

implementing guidance remains in draft 

form. The agency will refrain from 

finalizing its implementing guidance 

until after a final policy is published in 

a subsequent public notice. As a result, 

the FAA will not approve any ALPs 

depicting new residential through-thefence access points until final guidance 

has been issued. The FAA will proceed 

in a timely manner to address public 

comments and will not unduly delay 

final agency action with regard to 

section 136 of the FMRA. 

FAA’s Interpretation of the FMRA’s 

Section 136 

Enforcement 

Section 136 permits sponsors of 

general aviation airports, as defined by 

the statute at 49 U.S.C. 47102(8), to 

enter into agreements granting throughthe-fence access to residential users, but 

includes specific terms and conditions. 

The FAA interprets the inclusion of 

specific terms and conditions as 

Congress’ intent for the FAA to enforce 

the provision accordingly. Therefore, 


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the FAA will request sponsors with 

existing residential through-the-fence 

agreements to demonstrate their 

compliance with the law. Additionally, 

the FAA will also request sponsors of 

general aviation airports proposing to 

establish new residential through-thefence agreements to demonstrate that 

their agreements will comply with the 

law. Airport sponsors are encouraged to 

review the FAA’s Compliance Guidance 

Letter on FAA Review of Existing and 

Proposed Residential Through-FenceAccess Agreements, which will be 

issued in draft form concurrently with 

this notice. 

Although the law became effective on 

February 14, 2012, the FAA will afford 

airport sponsors a grace period for 

compliance. Airport sponsors with 

existing residential through-the-fence 

agreements must provide evidence of 

compliance not later than September 30, 

2013. In most cases, the FAA will define 

evidence of compliance as the airport 

sponsor’s submission of required 

documentation. This may include 

copies of access agreements, deeds, 

covenants, conditions, and restrictions, 

etc. 

Airport sponsors of general aviation 

airports proposing to establish new or 

add new residential through-the-fence 

agreements must provide evidence of 

compliance prior to executing an 

agreement with a residential user and/ 

or association representing residential 

users. The establishment of a new 

residential through-the-fence agreement 

which does not comply with the law or 

results in a violation of the sponsor’s 

commitments with the Federal 

Government may result in enforcement 

proceedings under 14 Code of Federal 

Regulations (CFR) part 16. 

The FAA acknowledges that its 

approach to sponsors with existing 

residential through-the-fence access 

agreements will be different than the 

posture to be taken with sponsors of 

general aviation airports proposing to 

establish new or add new residential 

through-the-fence agreements. This is 

because airport sponsors with existing 

agreements may have ceded important 

rights and powers through the execution 

of these existing agreements, and their 

ability to comply with the terms and 

conditions of the law may be severely 

hampered. The FAA intends to address 

such situations on a case-by-case basis, 

assist these airport sponsors in the 

development of appropriate mitigations 

when possible, and report these issues 

to interested Congressional Committees. 

Going forward, the FAA expects 

sponsors of general aviation airports 

proposing to establish new or add new 

residential through-the-fence 

agreements to comply with the terms 

and conditions of the law. The FAA will 

not waive these terms and conditions 

for new agreements. 

Applicability 

Section 136 applies to sponsors of 

general aviation airports. The FMRA 

adopted a definition of ‘‘general aviation 

airport’’ which is now codified at 49 

U.S.C. 47102(8). A general aviation 

airport is defined as a public airport that 

is located in a State that, as determined 

by the Secretary, does not have 

commercial service or has scheduled 

service with less than 2,500 passenger 

boardings each year. This definition 

excludes privately-owned reliever 

airports. In implementing section 136, 

the FAA will grandfather the seven 

privately-owned reliever airports with 

existing residential through-the-fence 

access. The owners of these airports will 

be asked to comply with the law and be 

treated in a manner similar to general 

aviation airports as defined in the 

statute. However going forward, the 

FAA will apply the statutory 

prohibition on privately-owned reliever 

airports and disallow these airports 

from entering into such agreements. 

Publically-owned reliever airports are 

included in the statutory definition of a 

general aviation airport; sponsors of 

publically-owned reliever airports will 

be permitted to enter into residential 

through-the-fence agreements that 

comply with the terms and provisions 

contained in section 136. 

The FAA proposes the policy 

included in this notice to address 

commercial service airports with 

existing residential through-the-fence 

agreements. Commercial service airports 

which do not currently have residential 

through-the-fence agreements continue 

to be prohibited from entering into such 

agreements by statute. 

Terms and Conditions—Commercial 

Activities 

Section 136 states that residential 

property owners must maintain their 

property for residential, noncommercial 

use for the duration of the agreement. 

The FAA interprets this as a prohibition 

on commercial aeronautical services 

offered by residential through-the-fence 

users that might compete with onairport aeronautical service providers, 

whether existing or not, or chill the 

airport sponsor’s ability to attract new 

commercial service providers on the 

airport. Therefore, in its review of 

agreements proposing to establish new 

residential through-the-fence access, the 

FAA will interpret this condition as a 

prohibition on commercial aeronautical 

activities only. Agreements which limit 

the scope of this prohibition to only 

commercial aeronautical activities will 

be acceptable. However, the FAA will 

not concern itself with unrelated 

commercial activities which may be 

permitted by local regulation. 

The FAA recognizes that some 

existing residential through-the-fence 

agreements permit the co-location of 

homes and aeronautical businesses. In 

these cases, the FAA will require airport 

sponsors to execute two separate 

agreements with the homeowner. One 

agreement must address the duration, 

rights, and limitations of the 

homeowner’s residential through-thefence access, and the second agreement 

must address the conduct of the 

commercial aeronautical activity. The 

second agreement must be consistent 

with the FAA’s current policies on 

commercial through-the-fence activities 

and ensure the off-airport business does 

not result in unjust economic 

discrimination for on-airport 

aeronautical service providers. The FAA 

encourages airport sponsors with these 

types of mixed-use arrangements to 

adopt long-term plans to relocate the 

off-airport commercial aeronautical 

activity onto the airport when feasible 

and practicable to do so. Going forward, 

airport sponsors proposing to establish 

a residential through-the-fence 

agreement must meet the statutory terms 

and conditions, including the 

prohibition on using the residential 

property for commercial aeronautical 

use. Therefore, agreements which 

propose the co-location or mixed-use of 

residential and commercial aeronautical 

activities will be not be consistent with 

the law. 

Terms and Conditions—Authorized 

Access 

Section 136 states that residential 

property owners must prohibit access to 

the airport from other properties 

through the property of the property 

owner with access. The FAA interprets 

this as a prohibition on unauthorized 

access to the airport; this condition does 

not necessarily prescribe a scenario in 

which all residential through-the-fence 

users must have their own dedicated 

access point to enter the airport. The 

FAA encourages sponsors of general 

aviation airports proposing to establish 

new residential through-the-fence 

agreements to limit the number of 

access points in a manner that is 

consistent with airport planning 

practices. Compliance with this 

condition will require access 

agreements stipulate that residential 

through-the-fence access agreement 

holders are prohibited from permitting 

unauthorized users (any individual not 


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party to an access agreement with the 

airport sponsor) to pass through or 

‘‘piggy back’’ on their access in order to 

enter the airport. The FAA expects 

airport sponsors to establish their own 

policies, restrictions, and/or 

requirements to be imposed on fly-in 

guests who taxi from the airport 

property to visit off-airport residents. 

Terms and Conditions—Fueling 

Section 136 states that residential 

property owners must prohibit any 

aircraft refueling from occurring on the 

property with access. The FAA 

interprets this as a prohibition on the 

sale of fuel from residential property. 

The FAA will not concern itself with 

self-fueling activities which may be 

permitted by local regulation. 

Proposed Final Policy on Existing 

Through-the-Fence Access to 

Commercial Service Airports From a 

Residential Property 

Discussion of Revisions to the Interim 

Policy 

In light of section 136 of Public Law 

112–95, the FAA proposes the following 

revisions to the interim policy 

published on March 18, 2011 (76 FR 

54946; September 9, 2010). 

Proposed Policy 

The law permits sponsors of general 

aviation airports to enter into residential 

through-the-fence agreements with 

property owners or associations 

representing property owners; however, 

the law is silent with regard to 

commercial service airports. The FAA 

interprets the absence of statutory relief 

as authority to finalize the interim 

policy for commercial service airports. 

Changes: All references to the policy 

now clarify that it will be a final 

measure. 

Applicability 

The law permits publicly-owned 

general aviation airports, as defined by 

the statute, to enter into residential 

through-the-fence agreements that 

comply with specific terms and 

conditions. The FAA’s proposed policy 

regarding access to airports from 

residential property will apply only to 

those commercial service airports with 

existing residential through-the-fence 

access. 

Changes: The proposed policy now 

refers only to commercial service 

airports with existing residential 

through-the-fence access. 

Incorporation of the Law 

The proposed policy has been revised 

to incorporate the terms and conditions 

contained in section 136 of Public Law 

112–95, as implemented by the FAA. As 

a result, the FAA will consider the 

airport sponsor’s ability to establish 

parity in fees between on- and offairport users as opposed to an airport 

sponsor’s ability to generate revenue to 

recover airport costs. This reflects 

Congress’ intent that residential 

through-the-fence users pay airport 

access charges that are comparable to 

those tenants and operators on-airport 

making similar use of the airport. 

Changes: Section I, Section II, Section 

III, and Section IV now state that airport 

sponsors will be required to satisfy the 

law. Section II specifies the terms and 

conditions contained in the law which 

must also be satisfied by the airport 

sponsor. References to ‘‘ability to 

generate revenue to recover airport 

costs’’ have been replaced with ‘‘parity 

of access fees’’. 

FAA’s Standards for Compliance— 

Recovery of Costs of Operating the 

Airport 

The law prescribes a single 

methodology for evaluating fees charged 

to residential through-the-fence users. 

Therefore, the FAA will not propose or 

consider alternative methodologies. The 

discussion of these methodologies has 

been replaced with language from the 

law. 

Changes: References to ‘‘recovery of 

costs of operating the airport’’ have been 

replaced with ‘‘parity of access fees’’ in 

Section II. The interim policy’s 

explanation of FAA’s standard for 

compliance, which was the requirement 

for through-the-fence users to bear a fair 

proportion of airport costs, has been 

deleted. 

Standards for Compliance at 

Commercial Service Airports Proposing 

To Extend Through-the-Fence Access 

Section 136 of Public Law 112–95 

prescribes specific terms and conditions 

to be contained in agreements 

establishing residential through-thefence access. The FAA will require 

commercial service airports proposing 

to extend or renew their existing 

agreements to fully comply with these 

terms and conditions as a supplemental 

standard applied by the FAA to review 

these proposals. In addition, because the 

law requires residential through-thefence users to pay access charges 

comparable to on-airport tenants and 

users making similar use of the airport, 

the FAA may no longer entertain 

alternative financial methodologies. 

Changes: A bullet stating ‘‘the new 

access agreement fully complies with 

the terms and conditions contained in 

section 136 of Public Law 112–95’’ has 

been added as a supplemental standard 

discussed in Section III. The bullet 

discussing access fees which recover 

airport costs has been deleted. 

Revision of Description of FAA 

Compliance Guidance Letter 

The FAA anticipates issuing a draft 

Compliance Guidance Letter on FAA 

Review of Existing and Proposed 

Through-the-Fence Access Agreements. 

This title is slightly different than the 

title of the Compliance Guidance Letter 

previously issued on March 21, 2011. 

Changes: The title ‘‘FAA 

Implementation and Review of 

Residential Through-the-Fence Access 

Arrangements’’ has been replaced with 

‘‘FAA Review of Existing and Proposed 

Through-the-Fence Access Agreements’’ 

in Section IV. All references to this 

Compliance Guidance Letter describe 

this document as a draft. 

Additional Time To Establish Evidence 

of Compliance and Clarification of Due 

Date 

The FAA believes all airport sponsors 

with existing residential through-thefence access should be afforded 

additional time to comply with the law. 

Therefore, the FAA is extending the 

timeframe for commercial service 

airports to establish evidence of 

compliance. All access plans will now 

be due beginning in Fiscal Year 2014. 

Changes: All references to ‘‘2013’’ 

have been replaced with ‘‘2014’’ in 

Section IV and Section V. The 

explanation of the rolling due date 

contained in the interim policy has been 

deleted. 

Incorporation of Amended Sponsor 

Assurance 29 

On April 13, 2012, the FAA amended 

sponsor assurance 29 to require all 

proposed and existing access points 

used to taxi aircraft across the airport 

property boundary be depicted on the 

ALP (77 FR 22376; April 13, 2012). The 

FAA is incorporating the amended 

assurance by clarifying that failure to 

depict all residential through-the-fence 

access points is a violation of the 

sponsor’s grant assurances. 

Changes: The phrase ‘‘may be 

considered an apparent violation of the 

sponsor’s grant assurances’’ has been 

replaced with ‘‘is a violation of the 

sponsor’s grant assurances’’ in Section 

IV. 

Actions Requiring Airport Sponsors To 

Update the Access Plan 

The FAA believes its description of 

actions triggering airport sponsors to 

update its access plan can be better 

refined. In addition, the FAA believes 

that the identification of a safety 


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concern should be listed as a new 

triggering event. 

Changes: The FAA proposes to define 

the actions requiring a commercial 

service airport sponsor to update its 

access plan to include development of 

a master plan or an update to an existing 

master plan, revisions to an ALP, 

requests for Federal participation in 

land acquisition, identification of a 

safety concern, or substantial changes to 

the access agreement in Section IV. 

Airports Currently in Noncompliance 

The interim policy included language 

discussing the treatment of airport 

sponsors currently in noncompliance 

due to grant assurance violations 

associated with their residential 

through-the-fence access agreements. No 

sponsors of commercial service airports 

are currently in noncompliance due to 

grant assurance violations associated 

with their residential through-the-fence 

access agreements. Therefore, the FAA 

proposes to eliminate this paragraph 

from Section IV and renumber the 

subsequent paragraphs. 

Changes: The paragraph titled 

‘‘Airports in noncompliance’’ and 

designated as paragraph A.5. in Section 

IV has been deleted. The paragraphs 

which follow have been renumbered 

accordingly. 

Airports That Do Not Meet the 

Compliance Standards 

In its interim policy, the FAA 

proposed to analyze the role played by 

airports unable to meet the standard of 

compliance prior to determining the 

course of action to take. This included 

determining the role played by the 

airport in the National Plan of Integrated 

Airport Systems (NPIAS). Given the 

more limited applicability of the 

proposed policy to commercial service 

airports with existing residential 

through-the fence access, this analysis is 

no longer required. The role played by 

commercial service airports is defined 

in statute. Instead, the FAA proposes to 

consider a commercial service airport 

sponsor’s inability to comply with the 

law and/or the standards of compliance 

as a militating factor in the FAA’s 

review of any requests for discretionary 

AIP funding. 

Changes: Subparagraphs (a) and (b) of 

renumbered Section IV.A.5. have been 

deleted. The last sentence of paragraph 

(5) proposes that the FAA may consider 

a commercial service airport’s inability 

to comply with the law and/or the 

minimum compliance standards as a 

militating factor in its review of requests 

for discretionary funding. 

Proposed Final Policy on Existing 

Through-the-Fence Access From a 

Residential Property 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes the following Policy on 

existing through-the-fence access to 

federally-obligated commercial service 

airports from residential property: 

Proposed Final Policy on Existing 

Through-the-Fence Access to 

Commercial Service Airports From a 

Residential Property 

Applicability 

This proposed final Policy applies to 

commercial service airports with 

existing residential through-the-fence 

access. 

For the purposes of this proposed 

final Policy: 

In this sense ‘‘access’’ means: 

1. An access point for taxiing aircraft 

across the airport boundary; or 

2. The right of the owner of a 

particular off-airport residential 

property to use an airport access point 

to taxi an aircraft between the airport 

and that property. 

‘‘Existing access’’ through the fence is 

defined as any through-the-fence access 

that meets one or more of the following 

conditions: 

1. There was a legal right of access 

from the property to the airport (e.g., by 

easement or contract) in existence as of 

September 9, 2010; or 

2. There was development of the 

property prior to September 9, 2010, in 

reliance on the airport sponsor’s 

permission for through-the-fence aircraft 

access to the airport; or 

3. The through-the-fence access is 

shown on an FAA-approved airport 

layout plan (ALP) or has otherwise been 

approved by the FAA in writing, and 

the owner of the property has used that 

access prior to September 9, 2010. 

‘‘Extend an access’’ is defined as an 

airport sponsor’s consent to renew or 

extend an existing right to access the 

airport from residential property or 

property zoned for residential use, for a 

specific duration of time, not to exceed 

20 years. 

‘‘Development’’ is defined as 

excavation or grading of land needed to 

construct a residential property; or 

construction of a residence. 

‘‘Residential property’’ is defined as a 

piece of real property used for single- or 

multi-family dwellings; duplexes; 

apartments; primary or secondary 

residences even when co-located with a 

hangar, aeronautical facility, or 

business; hangars that incorporate living 

quarters for permanent or long-term use; 

and time-share hangars with living 

quarters for variable occupancy of any 

term. 

‘‘Transfer of access’’ through the fence 

is defined as one of the following 

transactions: 

1. Sale or transfer of a residential 

property or property zoned for 

residential use with existing throughthe-fence access; or 

2. Subdivision, development, or sale 

as individual lots of a residential 

property or property zoned for 

residential use with existing throughthe-fence access. 

I. Existing Through-the-Fence Access 

From Residential Property at FederallyObligated Commercial Service Airports 

The agency understands that it may 

not be practical or even possible to 

terminate through-the-fence access at 

many of those commercial service 

airports where that access already 

exists. Where access could be 

terminated, property owners have 

claimed that termination could have 

substantial adverse effects on their 

property value and investment, and 

sponsors seeking to terminate this 

access could be exposed to costly 

lawsuits. Accordingly, the FAA will not 

consider the existence of existing 

residential through-the-fence access by 

itself to place a sponsor in 

noncompliance with its grant 

assurances at these commercial service 

airports. 

In some cases, the FAA has found that 

through-the-fence access rights can 

interfere with the sponsor’s ability to 

meet its obligations as sponsor of a 

federally assisted public use airport. 

This is discussed in detail at 75 FR 

54946, 54948 (Sept. 9, 2010). As a 

result, the FAA believes that sponsors of 

commercial service airports with 

existing through-the-fence access 

agreements must adopt measures to 

substantially mitigate the potential 

problems with residential through-thefence access where it exists to avoid 

future grant compliance issues. 

Therefore, the FAA, as a condition of 

continuing grants to commercial service 

airports with residential through-thefence access, will require these sponsors 

adopt measures to substantially mitigate 

the potential problems with residential 

through-the-fence access to avoid future 

grant compliance issues. 

Accordingly, the sponsor of a 

commercial service airport where 

residential through-the-fence access or 

access rights already exist will be 

considered in compliance with its grant 

assurances if the airport depicts the 

access on its airport layout plan (ALP), 

satisfies the terms and conditions 

contained in section 136 of Public Law 


srobinson on DSK4SPTVN1PROD with PROPOSALS
44520 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 

112–95, and meets certain standards for 

safety, efficiency, parity of fees, and 

mitigation of potential noncompatible 

land uses. Those standards are listed in 

section II, Standards for compliance at 

commercial service airports with 

existing through-the-fence access. The 

FAA’s review of those standards will be 

detailed in a Compliance Guidance 

Letter which will be issued, in draft 

form, concurrently and published on the 

FAA’s Web site at www.faa.gov/airports. 

An airport sponsor covered by this 

proposed final Policy would be required 

to seek FAA approval before entering 

into any agreement that would extend 

(including renewal of access) throughthe-fence access. Sponsors are reminded 

that nearby homeowners possess no 

right to taxi aircraft across the airport’s 

property boundary, and no off-airport 

property owner will have standing to 

file a formal complaint under 14 CFR 

part 16 with the FAA to challenge the 

sponsor’s decision not to permit such 

access. 

II. Standards for Compliance at 

Commercial Service Airports With 

Existing Through-the-Fence Access 

The FAA understands that 

municipally-owned airports have 

varying degrees of zoning authority. For 

example, one sponsor may have strong 

zoning powers, while another may have 

none. Also, the nature of existing 

through-the-fence rights can greatly 

affect the sponsor’s ability to implement 

measures to control access. Accordingly, 

the FAA does not expect every sponsor 

of an airport with existing residential 

through-the-fence access to adopt a 

uniform set of rules and measures to 

mitigate that access. However, the FAA 

does expect each such sponsor to adopt 

reasonable rules and implement 

measures that accomplish the following 

standards for compliance and satisfy the 

law, to the fullest extent feasible for that 

sponsor. In general, the greater the 

number of residential through-the-fence 

access points and users of the airport 

and the higher the number of aircraft 

operations, the more important it is to 

have formal measures in effect to ensure 

the sponsor retains its proprietary 

powers and mitigates adverse effects on 

the airport. 

In order to satisfy the law, the sponsor 

and the property owner or an 

association representing property 

owners must have a written agreement 

that requires the property owner to: 

• Pay access charges that the sponsor 

determines to be comparable to those 

fees charged to tenants and operators 

on-airport making similar use of the 

airport; 

• Bear the cost of building and 

maintaining the infrastructure the 

sponsor determines is necessary to 

provide access to the airfield from 

property located adjacent to or near the 

airport; 

• Maintain the property for 

residential, noncommercial use (the 

FAA interprets this limitation as a 

prohibition on commercial aeronautical 

services only) for the duration of the 

agreement; 

• Prohibit access to the airport from 

other properties through the property of 

the property owner (the FAA interprets 

this limitation as a prohibition on access 

to the airport not authorized by the 

airport sponsor); and 

• Prohibit any aircraft refueling from 

occurring on the property (the FAA 

interprets this as a prohibition on the 

sale of fuel from residential property). 

The FAA’s standards for compliance 

for any sponsor of a commercial service 

airport with existing residential 

through-the-fence access are as follows: 

1. General authority for control of 

airport land and access. The sponsor 

has sufficient control of access points 

and operations across airport 

boundaries to maintain safe operations, 

and to make changes in airport land use 

to meet future needs. 

2. Safety of airport operations. By 

rule, or by agreement with the sponsor, 

through-the-fence users are obligated to 

comply with the airport’s rules and 

standards. 

3. Parity of access fees. The sponsor 

can and does collect fees from throughthe-fence users comparable to those 

charged to airport tenants. 

4. Protection of airport airspace. 

Operations at the airport will not be 

affected by hangars and residences on 

the airport boundary, at present or in 

the future. 

5. Compatible land uses around the 

airport. The potential for noncompatible 

land use adjacent to the airport 

boundary is minimized consistent with 

Grant Assurance 21, Compatible Land 

Use. 

These standards will be applied, on a 

case-by-case basis, in the FAA’s 

evaluation of whether each commercial 

service airport with existing residential 

through-the-fence access meets the 

above requirements to the fullest extent 

feasible for that airport. In situations 

when access can be legally transferred 

from one owner to another without the 

sponsor’s review, the FAA will treat the 

access as existing. Because the ability of 

some sponsors to control access has 

been compromised as a result of legal 

rights previously granted to through-thefence users, existing access locations 

may be evaluated under the alternative 

criteria for some standards as indicated 

below, if applicable to that airport. 

In some cases, a sponsor may seek to 

relocate an existing access point. If the 

sponsor can demonstrate that this action 

will improve the airport’s overall safety 

or better address issues associated with 

the sponsor’s long-term planning needs, 

the FAA will not consider the access 

rights associated with the replacement 

access point to extend an access. In 

order to transfer the terms of the 

existing access point to a new access 

point without a change in compliance 

status, the former existing access point 

must be removed. Such requests should 

be coordinated with the FAA Airports 

District Office (ADO) or Regional 

Airports Division and clearly depicted 

on the sponsor’s ALP. 

III. Standards for Compliance at 

Commercial Service Airports Proposing 

To Extend Through-the-Fence Access 

Once allowed, residential throughthe-fence access is very difficult to 

change or eliminate in the future. This 

is because residential owners, more so 

than commercial interests, typically 

expect that their residential property 

will remain suitable for residential use 

and protected from adverse effects for a 

long time. Residential buyers and their 

mortgage lenders may ensure that the 

property is purchased with rights that 

guarantee no change in the access to the 

airport for decades, or indefinitely. 

Because each additional residential 

through-the-fence access location 

introduces the potential for problems for 

the airport in the future, and because 

this access is effectively permanent and 

resistant to change once permitted, the 

FAA will review extensions of existing 

residential through-the-fence access at 

public use airports carefully. 

The following supplemental 

standards will be applied to the FAA’s 

case-by-case review of sponsors’ 

proposals to extend residential throughthe-fence access. In situations when the 

transfer of access from one owner to 

another requires the sponsor’s 

concurrence, the FAA will treat the 

access as an extension. The FAA will 

not approve requests to extend access 

that are inconsistent with the sponsor’s 

grant assurances (excluding Grant 

Assurance 5, Preserving Rights and 

Powers, paragraph ‘‘g’’ as amended). 

Furthermore, the sponsor will be 

required to demonstrate the following 

standards for compliance: 

• The new access agreement fully 

complies with the terms and conditions 

contained in section 136 of Public Law 

112–95. 

• The term of the access does not 

exceed 20 years. 


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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 44521 

• The sponsor provides a current 

(developed or revised within the last 

five years) airport master plan 

identifying adequate areas for growth 

that are not affected by the existence of 

through-the-fence access rights, or the 

sponsor has a process for amending or 

terminating existing through-the-fence 

access in order to acquire land that may 

be necessary for expansion of the airport 

in the future. 

• The sponsor will impose and 

enforce safety and operating rules on 

through-the-fence residents utilizing 

this access while on the airport identical 

to those imposed on airport tenants and 

transient users. 

• Through-the-fence residents 

utilizing this access will grant the 

sponsor a perpetual avigation easement 

for overflight, including unobstructed 

flight through the airspace necessary for 

takeoff and landing at the airport. 

• Through-the-fence residents 

utilizing this access, by avigation 

easement; deed covenants, conditions or 

restrictions; or other agreement, have 

acknowledged that the property will be 

affected by aircraft noise and emissions 

and that aircraft noise and emissions 

may change over time. 

• Through-the-fence residents 

utilizing this access have waived any 

right to bring an action against the 

sponsor for existing and future 

operations and activities at the airport 

associated with aircraft noise and 

emissions. 

• The sponsor has a mechanism for 

ensuring through-the-fence residents 

utilizing this access will file FAA Form 

7460–1, Notice of Proposed 

Construction or Alteration, if necessary 

and complying with the FAA’s 

determination related to the review of 

Form 7460–1. 

• The sponsor has a mechanism for 

ensuring through-the-fence residents do 

not create or permit conditions or 

engage in practices that could result in 

airport hazards, including wildlife 

attractants. 

• Where available, the sponsor or 

other local government has in effect 

measures to limit future use and 

ownership of the through-the-fence 

properties to aviation-related uses (in 

this case, hangar homes), such as 

through zoning or mandatory deed 

restrictions. The FAA recognizes this 

measure may not be available to the 

sponsor in all states and jurisdictions. 

• If the residential community has 

adopted restrictions on owners for the 

benefit of the airport (such as a 

commitment not to complain about 

aircraft noise), those restrictions are 

enforceable by the sponsor as a thirdparty beneficiary, and may not be 

cancelled without cause by the 

community association. 

• The access agreement is 

subordinate to the sponsor’s current and 

all future grant assurances. 

• The sponsor has developed a 

process for educating through-the-fence 

residents about their rights and 

responsibilities. 

IV. Proposed Process and 

Documentation 

A. Existing Residential Through-theFence Access 

1. General. The sponsor of a 

commercial service airport with existing 

residential through-the-fence access will 

be considered in compliance with its 

grant assurances, and eligible for future 

grants, if the FAA determines that the 

sponsor complies with the law and 

meets the applicable standards listed 

above under Standards for compliance 

at commercial service airports with 

existing residential through-the-fence 

access. The sponsor may demonstrate 

that it meets these standards by 

providing the ADO or regional division 

staff with a written description of the 

sponsor’s authority and the controls in 

effect at the airport (‘‘residential 

through-the-fence access plan’’ or 

‘‘access plan’’). Sponsors are encouraged 

to review the FAA’s draft Compliance 

Guidance Letter on FAA Review of 

Existing and Proposed ResidentialThrough-Fence Access Agreements, 

which will be issued concurrently with 

this notice, prior to submitting their 

access plan. This draft guidance letter 

may be found on the FAA’s Web site at 

www.faa.gov/airports. The ADO or 

regional division will review each 

access plan, on a case-by-case basis, to 

confirm that it addresses how the 

sponsor complies with the law and 

meets each of these standards at its 

airport. The ADO or regional division 

will forward recommendations 

regarding each access plan to the 

Manager of Airport Compliance. Only 

the Manager of Airport Compliance may 

accept a commercial service airport 

sponsor’s residential through-the-fence 

access plan. In reviewing the access 

plan, the Manager of Airport 

Compliance may consult with the 

Transportation Security Administration 

(TSA). The FAA will take into account 

the powers of local government in each 

state, and other particular circumstances 

at each airport. In every case, however, 

the access plan must address the law 

and each of the basic requirements 

listed under section II of this proposed 

final Policy. 

2. Residential through-the-fence 

access plan. The FAA will require 

evidence of compliance before issuing 

an AIP grant, beginning in Fiscal Year 

2014. FY 2014 and later grants will 

include a special grant condition 

requiring the ongoing implementation of 

these access plans. Generally, the FAA 

will not award discretionary grants to 

the sponsor until the FAA accepts the 

sponsor’s access plan as meeting the law 

and the standards to the extent feasible 

for that airport. 

3. Airport Layout Plan. The FAA will 

require all residential through-the-fence 

access points to be identified on the 

airport’s layout plan. A temporary 

designation may be added through a 

sponsor’s pen and ink change to 

immediately identify the locations on 

the airport property that serve as points 

of access for off-airport residents. A 

formal ALP revision that fully depicts 

the scope of the existing residential 

through-the-fence agreements should be 

completed the next time the sponsor 

initiates an airport master plan study or 

update. 

A sponsor’s failure to depict all 

residential through-the-fence access 

points is a violation of the sponsor’s 

grant assurances, and the agency may 

consider grant enforcement under 14 

CFR part 16. 

4. FAA review. The FAA’s acceptance 

of the access plan represents an Agency 

determination that the commercial 

service airport has met the law and 

compliance standards for existing 

residential through-the-fence access for 

a period not to exceed 20 years. The 

following actions will trigger a 

commercial service airport sponsor to 

update its access plan prior to its 20- 

year expiration: Development of a new 

master plan or an update to an existing 

master plan, significant revisions to an 

ALP, requests for Federal financial 

participation in land acquisition, 

identification of a safety concern, or 

substantial changes to the access 

agreement. A commercial service airport 

sponsor’s failure to implement its access 

plan could result in a violation of the 

special grant condition and potentially 

lead to a finding of noncompliance. 

5. Commercial Service Airports with 

existing residential through-the-fence 

access that do not meet the compliance 

standards. The FAA recognizes that 

some commercial service airport 

sponsors may not be able to fully 

comply with the law and the standards 

listed above, due to limits on the powers 

of the sponsor and/or other local 

governments, or on other legal limits on 

the sponsor’s discretion to adopt certain 

measures. Other sponsors have the 

capability to adopt measures to satisfy 

the compliance standards but have not 

done so. The FAA may consider a 


srobinson on DSK4SPTVN1PROD with PROPOSALS
44522 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Proposed Rules 

commercial service airport sponsor’s 

inability to comply with the law and/or 

the minimum compliance standards as 

a militating factor in its review of 

requests for discretionary funding. 

6. Commercial service airports that 

fail to submit an access plan. The FAA 

expects commercial service airport 

sponsors with existing residential 

through-the-fence access to develop an 

access plan which addresses the law, 

preserves their proprietary rights and 

powers, and mitigates the inherent 

challenges posed by this practice. 

Beginning in Fiscal Year 2014, a 

sponsor’s failure to comply with the 

Policy may jeopardize its ability to 

compete for AIP grant funding. 

B. Requests To Extend Residential 

Through-the-Fence Access at Airports 

Covered by This Proposed Final Policy 

As of the date of the enactment of 

Public Law 112–95 (February 14, 2012), 

a sponsor of a commercial service 

airport proposing to extend an access 

agreement must submit a current airport 

master plan and a revised residential 

through-the-fence access plan as 

detailed below. The ADO or regional 

division will forward its 

recommendations regarding each 

request to extend access to the Manager 

of Airport Compliance. Only the 

Manager of Airport Compliance may 

approve a sponsor’s request to extend 

access. In reviewing the proposal, the 

Manager of Airport Compliance may 

consult with the TSA. 

1. Master Plan. A sponsor of a 

commercial service airport wishing to 

extend an existing residential throughthe-fence access agreement must submit 

a recent airport master plan to the ADO 

or regional division. The FAA considers 

a master plan to be recent if it was 

developed or updated within the past 

five years. The master plan should 

explain how the sponsor plans to 

address future growth, development, 

and use of the airport property over the 

next 20 years; sponsors should work 

with ADO or regional division staff to 

develop an appropriate scope of work 

for these master plans. 

2. Residential through-the-fence 

access plan. The sponsor is responsible 

for revising its access plan, as discussed 

under section IV.A.2 of this proposed 

final Policy, to reflect how it will meet 

the standards for compliance for the 

extended access. Once the FAA has 

accepted the revised access plan, the 

FAA will condition future AIP grants 

upon its ongoing implementation. 

3. Continuing obligations. Once the 

revised access plan is accepted by the 

FAA, and if required, the revised ALP, 

is approved by the FAA, the sponsor 

must continue to comply with 

obligations described in section IV.A of 

this proposed final Policy. 

V. Eligibility for AIP Grants 

A. General. Beginning in Fiscal Year 

2014, a sponsor of a commercial service 

airport with existing residential 

through-the-fence access will be 

required to submit their residential 

through-the-fence access plan prior to 

notifying the FAA of its intent to apply 

for an AIP grant. The sponsor will not 

lose eligibility for entitlement grants on 

the basis of the through-the-fence 

access, but the FAA will consider the 

potential constraints on the utility of the 

airport to be a significant factor in future 

AIP funding decisions. 

B. Public infrastructure and facilities 

with substantial benefit to private 

through-the-fence users. The FAA may 

be unable to justify the federal 

investment in a proposed project when 

private residential developments with 

through-the-fence access will receive 

substantial value from that federally 

assisted airport infrastructure and/or 

facility. 

C. Exclusive or primary private 

benefit. On-airport infrastructure and 

facilities used exclusively or primarily 

for accommodation of through-the-fence 

users are considered private-use and are 

ineligible for AIP grants. 

Issued in Washington, DC, on July 18, 

2012. 

Randall S. Fiertz, 

Director, Airport Compliance and 

Management Analysis. 

[FR Doc. 2012–18058 Filed 7–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0559] 

RIN 1625–AA08 

Special Local Regulations; 2012 

Ironman 70.3 Miami, Biscayne Bay; 

Miami, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a special local regulation on 

the waters of Biscayne Bay, east of 

Bayfront Park, in Miami, Florida during 

the 2012 Ironman 70.3 Miami, a 

triathlon. The Ironman 70.3 Miami is 

scheduled to take place on Sunday, 

October 28, 2012. Approximately 2500 

participants are anticipated to 

participate in the swim. No spectators 

are expected to be present during the 

event. The special local regulation is 

necessary to provide for the safety of the 

participants, participant vessels, and 

general public on the navigable waters 

of the United States during the event. 

The special local regulation would 

establish an area that will encompass 

the event area. Persons and vessels will 

be prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

authorized by the Captain of the Port 

Miami or a designated representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 29, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before August 20, 

2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0559 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

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

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Mike H. 

Wu, Sector Miami Prevention 

Department, Coast Guard; telephone 

(305) 535–4317, email 

Mike.H.Wu@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 


srobinson on DSK4SPTVN1PROD with PROPOSALS