36912 Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices 

Monday through Friday, except Federal 

holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

http://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

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

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Alphonso Pendergrass (202) 267–4713, 

Office of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC. 

Angela O. Anderson, 

Director, Regulatory Support Division, Office 

of Rulemaking. 

PETITION FOR EXEMPTION 

Docket No.: FAA–2022–0273. 

Petitioner: Aviation Specialties 

Unlimited, Inc. 

Section(s) of 14 CFR Affected: 

§§ 91.9(a) and 91.205(h)(7). 

Description of Relief Sought: Aviation 

Specialties Unlimited, Inc. (ASU) 

petitions for relief from 14 CFR 

§§ 91.205(h)(7) and 91.9(a) to conduct 

Airplane Night Vision Goggle (ANVG) 

operations under part 135 and to 

provide flight training to other part 135 

operators, part 141 training, FAA 

Aviation Safety Inspector Training, 

international students and 

organizations, agricultural aircraft 

operators, public aircraft operators, and 

internal annual and recurrent training 

with an unreliable or not normally 

functioning radar (radio) altimeter. 

These operations will take place under 

visual flight rules (VFR) conditions at 

night, to include night landings and 

takeoffs from General Aviation airports. 

[FR Doc. 2022–13145 Filed 6–17–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Waiver of Aeronautical Land Use 

Assurance: Independence Municipal 

Airport (IDP), Independence, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Intent of Waiver with 

respect to land use change from 

aeronautical to non-aeronautical. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal from the City of Independence, 

KS, to release a 7.857 acre parcel of land 

from the federal obligation dedicating it 

to aeronautical use and to authorize this 

parcel to be used for revenue-producing, 

non-aeronautical purposes. 

DATES: Comments must be received on 

or before July 21, 2022. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

to the FAA at the following address: 

Amy J. Walter, Airports Land Specialist, 

Federal Aviation Administration, 

Airports Division, ACE–620G, 901 

Locust Room 364, Kansas City, MO 

64106. In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to: Kelly 

Paussauer, City Manager, City of 

Independence, 811 W Laurel Street, 

Independence, KS 67301, (620) 332– 

2506. 

FOR FURTHER INFORMATION CONTACT: 

Amy J. Walter, Airports Land Specialist, 

Federal Aviation Administration, 

Airports Division, ACE–620G, 901 

Locust Room 364, Kansas City, MO 

64106, Telephone number (816) 329– 

2603, Fax number (816) 329–2611, 

email address: amy.walter@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

invites public comment on the request 

to change three parcels of land totaling 

7.857 acres of airport property at the 

Independence Municipal Airport (IDP) 

from aeronautical use to nonaeronautical for revenue producing use. 

This parcel will be leased to VSE 

Aviation Services, LLC to expand their 

existing building and construct a 

parking lot. 

No airport landside or airside 

facilities are presently located on this 

parcel, nor are airport developments 

contemplated in the future. There is no 

current use of the surface of the parcel. 

The parcel will serve as a revenue 

producing lot with the proposed change 

from aeronautical to non-aeronautical. 

The request submitted by the Sponsor 

meets the procedural requirements of 

the Federal Aviation Administration 

and the change to non-aeronautical 

status of the property does not and will 

not impact future aviation needs at the 

airport. The FAA may approve the 

request, in whole or in part, no sooner 

than thirty days after the publication of 

this Notice. 

The following is a brief overview of 

the request: 

The Independence Municipal Airport 

(IDP) is proposing the use release of 

7.857 acres of land from aeronautical to 

non-aeronautical. The use release of 

land is necessary to comply with 

Federal Aviation Administration Grant 

Assurances that do not allow federally 

acquired airport property to be used for 

non-aviation purposes. The rental of the 

subject property will result in the land 

at the Independence Municipal Airport 

(IDP) being changed from aeronautical 

to non-aeronautical use and release the 

lands from the conditions of the Airport 

Improvement Program Grant Agreement 

Grant Assurances. In accordance with 

49 U.S.C. 47107(c) (2) (B) (i) and (iii), 

the airport will receive fair market 

rental value for the property. The 

annual income from rent payments will 

generate a long-term, revenue-producing 

stream that will further the Sponsor’s 

obligation under FAA Grant Assurance 

number 24, to make the Independence 

Municipal Airport as financially selfsufficient as possible. Following is a 

legal description of the subject airport 

property at the Independence Municipal 

Airport (IDP): 

A tract of land located in a portion of 

the Southeast Quarter of Section 21, 

Township 33 South, Range 15 East of 

the 6th P.M., Montgomery County, 

Kansas, being more particularly 

described as written by William A. 

Booe, LS 1046, 5–5–2022: Commencing 

at the Southeast corner of the Southeast 

Quarter; thence S 88°15′13′′ W, along 

the South line of the Southeast Quarter 

a distance of 1655. 78 feet; thence N 

01°24′44′′ W, a distance of 395.10 feet to 

the Point of Beginning; thence N 

01°24′44′′ W, a distance of 610.00 feet; 

thence S 88°35′16′′ W, a distance of 321. 

77 feet; thence S 01°24′44′′ E, a distance 

of 610.00 feet; thence N 88°35′16′′ E, a 

distance of 321. 77 feet to the Point of 

Beginning. Containing 4.506 acres. And 

a tract of land located in a portion of the 

Southeast Quarter of Section 21, 

Township 33 South, Range 15 East of 

the 6th P.M., Montgomery County, 

Kansas, being more particularly 

described as written by William A. 

Booe, LS 1046, 5–5–2022: Commencing 

at the Southeast corner of the Southeast 

Quarter; thence S 88°15′13′′ W, along 

the South line of the Southeast Quarter 

a distance of 1655. 78 feet; thence N 

01°24′44′′ W, a distance of 1005.10 feet; 


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Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices 36913 

thence S 88°35′16′′ W, a distance of 

321.77 feet; thence S 89°35′39′′ W, a 

distance of 80.00 feet; thence S 

88°47′00′′ W, a distance of 158.02 feet to 

the Point of Beginning; thence S 

88°47′00′′ W, a distance of 128.21 feet; 

thence S 01°20′36′′ E, a distance of 

128.32 feet; thence N 88°47′00′′ E, a 

distance of 128.53 feet; thence N 

01°29′10′′ W, a distance of 128.32 feet to 

the Point of Beginning. Containing 0.378 

acres. And a tract of land located in a 

portion of the Southeast Quarter of 

Section 21, Township 33 South, Range 

15 East of the 6th P.M., Montgomery 

County, Kansas, being more particularly 

described as written by William A. 

Booe, LS 1046, 5–5–2022: Commencing 

at the Southeast corner of the Southeast 

Quarter; thence S 88°15′13′′ W, along 

the South line of the Southeast Quarter 

a distance of 1655.78 feet; thence N 

01°24′44′′ W, a distance of 1005.10 feet; 

thence S 88°35′16′′ W, a distance of 321. 

77 feet; thence S 89°35′39′′ W, a distance 

of 80.00 feet to the point of beginning; 

thence S 88°47′00′′ W, a distance of 

158.02 feet; thence S 01°29′10′′ E a 

distance of 128.32 feet; thence S 

88°47′00′′ W a distance of 128.53 feet; 

thence S 01°20′36′′ E a distance of 

380.38 feet; thence N 88°51′48′′ E a 

distance of 287.45 feet; thence N 

01°28′49′′ W a distance of 509.10 feet to 

the point of beginning. Containing 2.973 

acres. 

Any person may inspect, by 

appointment, the request in person at 

the FAA office listed above. In addition, 

any person may upon request, inspect 

the application, notice and other 

documents determined by the FAA to be 

related to the application in person at 

the Independence Municipal Airport. 

Issued in Kansas City, MO, on June 14, 

2022. 

James A. Johnson, 

Director, FAA Central Region, Airports 

Division. 

[FR Doc. 2022–13195 Filed 6–17–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2020–0008] 

Surface Transportation Project 

Delivery Program; Ohio Department of 

Transportation Audit #4 Report 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21) established the Surface 

Transportation Project Delivery Program 

that allows a State to assume FHWA’s 

environmental responsibilities for 

environmental review, consultation, and 

compliance under the National 

Environmental Policy Act (NEPA) for 

Federal highway projects. When a State 

assumes these Federal responsibilities, 

the State becomes solely responsible 

and liable for carrying out the 

responsibilities it has assumed, in lieu 

of FHWA. This program mandates 

annual audits during each of the first 4 

years of State participation to ensure 

compliance with program requirements. 

This notice finalizes the findings of the 

fourth and last audit report for the Ohio 

Department of Transportation (ODOT). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Megan Cogburn, Office of Project 

Development and Environmental 

Review, (202) 366–2056, 

megan.cogburn@dot.gov; or Mr. Patrick 

Smith, Office of the Chief Counsel, (202) 

366–1345, patrick.c.smith@dot.gov; 

Federal Highway Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590. Office hours are from 8:00 a.m. 

to 4:30 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded from the specific docket 

page at www.regulations.gov. 

Background 

The Surface Transportation Project 

Delivery Program, codified at 23 United 

States Code (U.S.C.) 327, commonly 

known as the NEPA Assignment 

Program, allows a State to assume 

FHWA’s responsibilities for 

environmental review, consultation, and 

compliance for Federal highway 

projects. When a State assumes these 

Federal responsibilities, the State 

becomes solely liable for carrying out 

the responsibilities it has assumed, in 

lieu of the FHWA. The ODOT published 

its application for assumption under the 

NEPA Assignment Program on April 12, 

2015, and made it available for public 

comment for 30 days. After considering 

public comments, ODOT submitted its 

application to FHWA on May 27, 2015. 

The application served as the basis for 

developing the memorandum of 

understanding (MOU) that identifies the 

responsibilities and obligations that 

ODOT would assume. The FHWA 

published a notice of the draft MOU in 

the Federal Register on October 15, 

2015, at 80 FR 62153, with a 30-day 

comment period to solicit the views of 

the public and Federal agencies. After 

the comment period closed, FHWA and 

ODOT considered comments and 

executed the MOU. The FHWA and 

ODOT amended the MOU on June 6, 

2018, to update recent national program 

guidance and objectives for consistency 

with other States under the NEPA 

Assignment Program. The FHWA and 

ODOT renewed the MOU on December 

14, 2020, for a new 5-year term effective 

December 28, 2020. 

Section 327(g) of Title 23, U.S.C., 

requires the Secretary to conduct annual 

audits to ensure compliance with the 

MOU during each of the first 4 years of 

State participation and, after the fourth 

year, monitor compliance. The results of 

each audit must be made available for 

public comment. The first audit report 

of ODOT compliance was finalized on 

July 7, 2017. The second audit report of 

ODOT compliance was finalized on 

October 3, 2018. The third audit report 

was finalized on November 13, 2019. 

The FHWA published a notice in the 

Federal Register on June 17, 2020, at 85 

FR 36661, soliciting public comment for 

30 days on the draft fourth audit report. 

The FHWA received comments on the 

draft report from the American Road 

and Transportation Builders Association 

(ARTBA) and ODOT. The ARTBA’s 

comments supported the Surface 

Transportation Project Delivery Program 

and did not relate specifically to Audit 

#4. The comments submitted by ODOT 

on the draft audit report were 

substantially similar to comments that 

had previously been discussed by the 

Audit Team with ODOT during the 

development of the audit report. The 

FHWA considered these comments 

during the audit process and 

determined they did not warrant 

changes to FHWA’s observations. This 

notice announces the availability of the 

fourth and final audit report for ODOT. 

Authority: Section 1313 of Public Law 

112–141; Section 6005 of Public Law 

109–59; 23 U.S.C. 327; 23 CFR part 773. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

Surface Transportation Project Delivery 

Program 

Final FHWA Audit #4 of the Ohio 

Department of Transportation 

July 29, 2019 to August 2, 2019 

Executive Summary 

This is a report of the Federal 

Highway Administration’s (FHWA) 

fourth and final audit of the Ohio 

Department of Transportation’s (ODOT) 

assumption of National Environmental 

Policy Act (NEPA) responsibilities. A 


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