Notice2023-27008
Policy on the Definition of Aeronautical Activities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 8, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
On November 15, 2023, the Federal Aviation Administration (FAA) published a Request for comments seeking input on its proposed policy update of the FAA's Office of Airports policy regarding the definition of "aeronautical activity" to include unmanned aircraft systems (UAS), advanced air mobility (AAM), and commercial space launch or re-entry vehicle operations. Under Federal law, an airport operator that has accepted Federal grants or certain Federal land conveyances is obligated to maintain the airport for public aviation use. This proposed update will add UAS, AAM, and commercial space operations to the existing definition of aeronautical activity that is included in FAA Order 5190.6B, FAA Airport Compliance Manual, Appendix Z, and subsequent revisions. The comment period for the request for comments was scheduled to end on December 15, 2023. FAA received several requests to extend the comment period. The FAA is extending the comment period for the request for comments by 30 days.
Full Text
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<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
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[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85719-85721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27008]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2023-1739]
Policy on the Definition of Aeronautical Activities
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed policy: request for comments; extension of comment
period.
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SUMMARY: On November 15, 2023, the Federal Aviation Administration
(FAA) published a Request for comments seeking input on its proposed
policy update of the FAA's Office of Airports policy regarding the
definition of ``aeronautical activity'' to include unmanned aircraft
systems (UAS), advanced air mobility (AAM), and commercial space launch
or re-entry vehicle operations. Under Federal law, an airport operator
that has accepted
[[Page 85720]]
Federal grants or certain Federal land conveyances is obligated to
maintain the airport for public aviation use. This proposed update will
add UAS, AAM, and commercial space operations to the existing
definition of aeronautical activity that is included in FAA Order
5190.6B, FAA Airport Compliance Manual, Appendix Z, and subsequent
revisions. The comment period for the request for comments was
scheduled to end on December 15, 2023. FAA received several requests to
extend the comment period. The FAA is extending the comment period for
the request for comments by 30 days.
DATES: The comment period to the request for comments published on
November 15, 2023, 88 FR 78448, is extended from December 15, 2023, to
January 15, 2024.
ADDRESSES: You may send comments identified by Docket Number FAA-2023-
1739 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the online instructions for sending your
comments electronically.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building, Ground Floor, Washington, DC 20590-0001.
<bullet> Hand Delivery: Deliver to mail address above between 9:00
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays;
<bullet> Fax: Fax comments to Docket Operations at 202-493-2251.
For more information, see the SUPPLEMENTARY INFORMATION section of
this document.
Privacy: In accordance with 5 U.S.C., 553(c), the Department of
Transportation (DOT) solicits comments from the public on its proposed
Policy on the Definition of Aeronautical Activities. DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL- 14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Docket: To read background documents or comments received, go to
<a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the online instructions for
accessing the docket. Or, go to the Docket Management Facility in Room
W12-140 of the West Building, Ground Floor at 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Director, Office of
Compliance and Management Analysis, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267-
3085; facsimile: (202) 267-5257; email: <a href="/cdn-cgi/l/email-protection#3c57594a5552124b555050554f7c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="a7ccc2d1cec989d0cecbcbced4e7c1c6c689c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Under Federal law, Airport owners/operators (``sponsors'') that
have accepted grants under the Airport Improvement Program (AIP) must
comply with certain Federal policies included in each AIP grant
agreement as sponsor assurances. In addition, sponsors who have
acquired land from the Federal government using certain conveyance
instruments must abide by similar obligations included in property
deeds. The Airport and Airway Improvement Act of 1982 (AAIA) (Pub. L.
97-248), as amended and recodified at 49 U.S.C. 47107(a)(1), as
implemented by Sponsor Assurance 22, Economic Nondiscrimination,
requires that ``the airport will be made available for public use on
reasonable conditions and without unjust discrimination to all types,
kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the
airport.'' The FAA defines aeronautical activities as any activity that
involves, makes possible, is required for the operation of an aircraft/
vehicle, or that contributes to or is required for the safety of such
operations (FAA Order 5190.6B, Airport Compliance Manual, Appendix Z,
(2009)). The order lists examples of aeronautical activities.
The FAA's definition has evolved over time, primarily in response
to emerging technologies and increased interest in locating certain
activities at public use airports not previously contemplated or
subject to FAA oversight. This updated definition serves to accommodate
commercial space transportation, UAS, and AAM activities, as well as
supports Congressional interest in integrating new technology into the
array of services and capabilities offered by federally funded
airports. As a result, the FAA believes that commercial space
activities, UAS, and AAM operations should be considered aeronautical
activities for the purposes of access to a federally-obligated airport.
However, some types of commercial space, UAS, or AAM operations may
affect the safety of existing airport facilities, airport operations,
or the efficiency of the airspace. Consistent with and in support of
the airport sponsor's obligation not to introduce or permit unsafe
conditions at the airport, and to mitigate such conditions if they
arise, the FAA uses its planning approval, safety review, and/or risk
assessment processes to make a determination on (1) whether a
particular activity can be safely accommodated at the airport and, if
so, (2) the terms and conditions to mitigate risk to an acceptable
level for that activity at the airport. In that regard, Congress has
made the FAA the final arbiter regarding aviation safety (49 U.S.C.
40101 and 47101.)
II. The Proposed Policy
The updated definition of aeronautical activity in FAA Order
5190.6B, FAA Airport Compliance Manual, Appendix Z will be the
following:
Any activity that involves, makes possible, or is required for the
operation of an aircraft, launch or reentry vehicle, or that
contributes to or is required for the safety of such operations. It
includes but is not limited to: general and corporate aviation, air
taxi and charter operations, scheduled and nonscheduled air carrier
operations, pilot training, aircraft rental and sightseeing, aerial
photography, aerial application of agricultural agents, aerial
advertising and surveying, aircraft sales and services, aircraft
storage, sale of aviation fuel products, repair and maintenance of
aircraft, repair and maintenance of launch or reentry vehicles,
construction of amateur-built/recreational aircraft, sale of aircraft,
sale of launch or reentry vehicle parts, parachute or ultralight
activities, certain unmanned aircraft systems (UAS), advanced air
mobility (AAM) operations, commercial space vehicle operations, and any
other activities that because of their direct relationship to the
operation of aircraft, UAS, or commercial space launch and re-entry
vehicles can appropriately be regarded as aeronautical activities.
Activities such as aircraft and parts manufacturing and storage,
aerospace design, research and development, flight simulation/training/
management facilities, and/or engine testing facilities that are not
associated with the final assembly of an aircraft or commercial space
vehicle are not considered aeronautical activities for the purposes of
airport access. Model rocket, model aircraft, and recreational UAS
[[Page 85721]]
operations are not aeronautical activities for the purposes of airport
access.
Kevin C. Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2023-27008 Filed 12-7-23; 8:45 am]
BILLING CODE P
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