BALDWIN COUNTY REGULAR MEETING June 4, 2024 1601 N Columbia St, Suite 220 6:00 PM  MINUTES  MEMBERS PRESENT John Westmoreland Kendrick Butts Henry Craig Emily Davis Sammy Hall OTHERS PRESENT Carlos Tobar Brandon Palmer Dawn Hudson Cindy Cunningham CALL TO ORDER INVOCATION  Chairman John' Westmoreland called June 4, 2024 Regular Meeting to order at 6:00 p.m.  The Invocation was delivered by Father Bryan Kuhr.  PLEDGE OF ALLEGIANCE PRESENTATION  The Pledge of Allegiance was led by Commissioner Emily Davis.  Chairman John Westmoreland presented a Certificate of Recognition to Father Bryan Kuhr of Sacred Heart Catholic Church in recognition of it's 150th Anniversary of the Church.  APPROVAL OF MINUTES  Commissioner Emily Davis made a motion to approve the minutes of the May 20, 2024 Work Session, May 20, 2024 Regular Meeting, May 20, 2024 Executive Session and May 23, 2024 Work Session. Commissioner Sammy Hall seconded the motion and it passed unanimously. Commissioner Emily Davis made a motion to amend the Executive Session item to include discussion of personnel as well as real estate. Vice Chairman Kendrick Butts seconded the  AMENDMENT TO AGENDA motion and it passed unanimously. ADMINISTRAIVEPSCAL MATTERS Public Defender's Budget FY25  Assistant County Manager Dawn Hudson presented the Public Defender's budget for FY25. She stated the Public Defender is requesting an increase in the amount that Baldwin County pays to represent indigent defendants in Baldwin State Court due to the increased number    cases in State Court. She reported the Public Defender is requesting an increase from $39,300 to $150,001 for Baldwin State Court, and the increase will be offset by an adjustment based on the census. Baldwin County's percentage for the total circuit cost for Public Defender Representation in Superior Court and. Juvenile Court decreased from 28.16% to 25.30%. Ms. Hudson reported thet total cost for FY: 25 is $312,184.22 which includes $162,184.32 for representation of indigent defendants in Baldwin Superior Court and Baldwin Juvenile Court and $150,000 for representation of indigent defendants in Baldwin State Court. The Public Defender's Office also provides representation int the Ocmulgee Circuit Adult Treatment Court Commissioner: Sammy Hall made a motion to approve the FY: 25 Public Defender's budget as presented. Commissioner Emily Davis seconded the motion and it passed unanimously. County Manager Carlos Tobar presented al Hangar Lease Agreement for Hangar M-6. Mr. Tobar stated the hangar lease already exist but there will be change of ownership. He stated the previous owner paid $90 per month and the new lease is for $252 per month. Commissioner Henry Craig made ar motion to approve the Hangar Lease Agreement as presented. Vice Chairman Kendrick Butts seconded the motion and it passed unanimously. Acopy of the Lease Agreement is herewith attached and made an official part of the minutes County Manager Carlos Tobar stated he had presented the Preliminary Engineering Report (PER) to the Commissioners. He stated Development Authority Director Jonathan Jackson Mr. Jackson stated he had to pull the (PER) due to thet facti that estimates in the PER are not aligned with standard accounting methods of Georgia Department of Transportation (GDOT). He stated the PER estimates would be puti in a revised format prior to making the presentation Mr. Jackson thanked the Board fori the support they provide toi the Development Authority. He presented an update on Development. Authority activities to include Requests for Information (RFI) for both the Sibley-Smith Park and the Daniels Property; existing industry expansions; Commissioner Sammy Hall commended Mr. Jackson and the Authority for their work in bringing new business tot the County. However, its stated that there must be infrastructure in place fori industry to locate here. The County must make investments in water, sewer, roads, etc. Commissioner Henry Craig discussed the number of available jobs currently available in Baldwin County. Mr. Jackson stated he felt the Hyperlocal Jobs Board which listed only the jobs in Baldwin County is a great asset tot those looking for employment. Chairman John' Westmoreland asked ift the Board would like to table the Agenda Item concerning Phase 1 Road Extension at Sibley-Smith Industrial Park. Commissioner Sammy Hall made a motion to table the Agenda item for Phase 1 Road Extension. Commissioner Emily Davis seconded the motion andi itp passed unanimously.  including both the Drug and Mental Health Courts.  Hangar Lease Agreement  Ms. Melinda Brewer declined to comment on this matter. Sibley-Smith Industrial Park Phase 1 Road Extension  atp pagescyçand,  would be providing an update.  to Commissioners.  upgraded board management software and the Hyperlocal Jobs Board.  OLD BUSINESS NEW BUSINESS  There was no Old Business to come before the Board. There was no New Business to come before the Board.  COUNTY MANAGER'S REPORT  County Manager Tobar reported he had submitted a County Manager's report to the Board  prior to tonight's meeting. He presented an update on County projects.    Fire Chief Victor Young stated he and his Deputy Chiefs would provide an update on the Fire Department Activities. Her reported the Five Year Strategic Plan has been updated. He reported on the number of stations and employees stating there are seven fire stations throughout the County with all being manned fullt time except Meriwether Station that has one person there during the day; County has 381 full-time employees, 91 part-time and 45 volunteers. Deputy Chief Sherri Knipe reported she serves as Fire Marshall and presented information on Deputy Chief Phil Adams reported hei is over operations andi training which includes insuring firefighters and EMTS are compliance and maintain certifications; maintaining all equipment in  inspections, investigations and education.  accordance with standards, hydrant maintenance; and public transit. PUBLIC COMMENT PERIOD FOR NON-AGENDA ITEMS  Mr. Bob Williams addressed the Board expressing his concern about the estimated taxes that appeared on his Tax Assessment Notice. He stated het felt that at some point citizens should Mr. Jay Wright, 146 PA Johns Road, addressed the Board concerning his participation in a development proposal under the Rural Housing Initiative. He stated that ift there is a conflict, County Attorney Brandon Palmer that Mr. Wright is a candidate for commissioner with no voting power; and under the current ordinances, he has found no ethical violation or conflict of Mr. Jeff Kelly, 143A Admiralty' Way, addressed the Board regarding the current Short -Term Vacation Rental ordinance. He requested Commissioners revise the ordinance to make it Ms. Robbie Kelly, 143B Admiralty Way, addressed the Board on the County's Short-Term Vacation Rental ordinance requesting that Baldwin County make the ordinance more helpful to  become exempt from school taxes.  he would withdraw his involvement with the proposal.  interest ini this matter.  more effective to protect neighborhoods.  residents in regards to STVR in neighborhoods.  EXECUTIVE SESSION passed unanimously.  Commissioner Emily Davis made a motion to adjourn into Executive Session at 7:03 p.m. to discuss real estate and personnel. Vice Chairman Kendrick Butts seconded the motion andi it  RECONVENE REGULAR MEETING  Commissioner Henry Craig made ar motion to reopen the Regular Meeting at 7:35 p.m. Commissioner Emily Davis seconded the motion and it passed unanimously.  ADJOURNMENT  Commissioner Henry Craig made a motion to adjourn the meeting at 7:35 p.m. Commissioner  Sammy Hall seconded ther motion andi it passed unanimously.  Respectfully: submitted,  Chairman Cynthla K. Cytlan County Clerk  BA  S Cunningham  Baen    Initials: 21 S  HANGAR M-6  GROUND LEASE AGREEMENT  This LEASE AGREEMENT made and entered into this W_dayof uAR2024,by and between Baldwin County, Georgia, a political subdivision of the/State of Georgia, oft the first part, herein called' "The Lessor", and H&H AMG, LLCC of the State of Georgia, of the  second part, herein called' "The Lessee".  WITNESETH:  That fora andi in consideration oft ther rents hereinafter provided for, andi the covenants and agreements herein seti forth, said The Lessor does hereby rent and leaset to Thel Lessee, and Thel Lessee does hereby rent and lease from The Lessor, the parcel of land designated as M- 6int thea attached "Exhibit A", together with alli improvements to be placed thereon, including ther right ofi ingress ande egress thereto at all times upon thet following terms and 1. TERM. The base term oft this leasei ist for ap period of twenty (20) years commencing on thei first day of June 2024, ande ending on. June 30, 2044, unless terminated as provided a. Terminate this lease and purchasing thei improvements located thereon for thei fair market valuei in which case this ground lease shallt terminate att that time and Lessee shall execute ini favor ofl Lessor such deed or Billo of Sale ass shall evidence their sale of said improvements tol Lessor. Thet fair market value shall be determined by an appraiser designated byt the County whoi ist familiar withs sales of hangars or similar commercial b. Negotiate a new leasei for an additional ten (10) years for at fee tol be agreed upon 2. BUILDINGS ANDI LAND. The Lessee covenants and agrees to maintain the existing building (M-6) constructed upont thel leased land, during thet term oft this lease, as an aircraft hangar being generally described as 601 FEET LONG AND 60FEET WIDE for an approximate square footage of 3,600SQUARE FEET plus al TEN (10) FOOTV WIDE BUFFER around the building for a TOTAL SQUARE FOOTAGE of 6,400 SQUARE FEET. The Lessee further agrees to 3. RENTS. The Lessee shall payt to The Lessor, during thet term of this lease, as monthly rental, in advance, on or before the first day of each and every month oft the term oft this lease thes sum of (@$.07/sq. ftx3,600 sq. ft.=$ $252/mo.) for thei firsti fivey years and ata rate of ($.07/sq. ft.x3,600s sq. ft.x(1 + the cumulative CPI for the previous fivey years) for  covenants:  herein. After the! baset term, Thel Lessor shall havet the option of:  structures; or between the parties.  maintain the paved entry pad area at his/her expense.  1    Initials: C1K  ther next fivey years, and repeating to increase at each consecutive five yeari interval untilt the 4. UTILITIES. Thel Lessee shall payi for alli installation, maintenance and monthly service for water, electricity, gas, or other utilities used on said premises. The Lessor will grant to utility companies such easements as may be necessary tot furnish said utilities to said premises. 5. MAINTENANCE. The Lessor shall not be required to make any repairs or any other improvements tot the premises whatsoever. The Lessee, at its sole cost ande expense, shall always maintain thel leased premises in as good a condition as when received by The Lessee, and shall maintain the existing building toi include periodic painting andi repair as needed to present an acceptable appearance and appropriate for the use intended. At the expiration ort termination of1 thet term hereof, The Lessee shall surrender the premises to The Lessor in as good or better condition as when received by Thel Lessee, excepting only normal wear. 6. USE. Said premises shall be used as an aircraft hangar for aircraft storage. The Lessee must house plane(s) ini thel hangar that are registered and based at The Baldwin County Regional Airport. Ifl The Lessee fails tol have at based aircraft int thel hangar for more than 3 months, as surcharge, in addition to the lease payments, of two (2) percent oft the hangar valuation willl be collected. The surcharge mayl be waived by The Countyi if The Lessee demonstrates they are actively taking action to acquire a replacement airplane. The Lessee willl be permitted to rent aircraft spacei int the building as needed. The Lessee may utilize the services of thel FBO as a rental agent upon agreement with thel FBO1 for services rendered. The Lessee shall notify The Lessor oft the details of such agent agreement. The Lessee may sublease space to a commercial enterprise with prior written approval of Thel Lessor. The Lessee shall provide a copy oft the proposed sublease for review prior to execution. The premises shall not be used for any commercial purpose without the prior expressed written consent of The Lessor. Thel Lessee shall payl The Lessor, at the end of each year, 5% of the yearly totali income received from rental by non-based aircraft and/or a commercial enterprise. The hangar shall not be usedf for anyi illegal purpose, nor in violation of any valid regulation of any governmental body, nor in any manner which may create a nuisance or trespass. The Lessee shall be responsible to assure any subleaset tenants comply with the attached "Exhibit B", FAA Policy on the Non-aeronautical Use of Airport Hangars. 7. HOLD HARMLESS! INSURANCE. At all times during thel leaset term, The Lessee shall maintain ati its sole cost, comprehensive broad-form general public liability insurance against claims and liability for personal injury, death and property damage arising from the use, occupancy, disuse, or condition ofthe demised premises and adjoining areas, the insurance shall be carried bya ac company authorized tot transact business ini the State of Georgia, acceptablei to The Lessor with thet following conditions tol be met: Thei insurance provided pursuant to this paragraph shall bei in an amount of notl lesst than $1,000,000.00 per occurrence and $2,000,000.00) yearly aggregate with a deductible not to exceed  final contract date.  2    Initials: C1 K  $5,000.00 per occurrence, with The Lessor and Fixed Based Operator named as additional insured. Ins satisfaction oft thet foregoing requirements, Thel Lessee shall furnish to Thel Lessor by delivery to the County Manager, Certificates of alli insurance required byt this Section, with each policy to provide that coverage shall remain ini fullf force and effect and may not be cancelled without ten days written notice ofi intent to cancel being given to The Lessor and Thel Lessee. The Lessee agrees further toi indemnify ands save harmless The Lessor, its Commissioners, agents, officers, and employees, and their successors and assigns andt the Fixed Base Operator, its successors and assigns, individually and collectively, from and against alll liability fori injuries to persons or damage to property occasioned by The Lessee's construction of said! hangar ori its maintenance or use and by virtue of any incident arising out oft the use andp possession ofs said premises under or by virtue oft this lease through any act or omission ort through any negligence of The Lessee, its members, officers, agents, or employees or1 their successors or assigns otherwise. The Lessee further agrees to pay all expenses in defending against any claims made against Thel Lessor, provided however, that Thel Lessee shallr notl be liable for any damage, injury or loss occasioned byt the negligence solely on the part of Thel Lessor, its agents, or employees. Thel Lessee shall give to The Lessor prompt and timely notice of any claims made or service of process in any suit 8. INSPECTION. Thel Lessor maye enter upont thel leased premises at reasonable hours to inspect the same fori the purpose of seeing that Thel Lesseei is complying with all its 9. DEFAULTS. IfThe Lessee defaults for ten (10) days after written notice thereof in paying said rent, ori ifThe Lessee defaults fori thirty (30) days after written notice thereofin performing: any of The Lessee's obligations hereunder; or ifl The Lesseei is adjudicated bankrupt; ori ifap permanent receiver is appointed for any of The Lessee's property, and such receiver ist not removed within sixty (60) days after written noticei from The Lessor to obtain such removal; ori if, whether voluntarily ori involuntarily, The Lessee takes advantage of any debtor'srelief proceedings under any present ori future law whereby the rent or any part thereof is, ori is proposed to be, reduced or payment thereof deferred, or if The Lessee makes an assignment for1 thel benefit of creditors; or if any of The Lessee's effects ori interest ins said premises shall bel levied upon or attached under process not satisfied or dissoived within thirty (30) days after written notice from The Lessor to Thel Lesseet to obtain satisfaction thereof; then, andi in any ofs said events, The Lessor ati its option may at once, or at anyt time during the continuance ofs such default or condition, terminate this lease by written noticet to The Lessee, orv without terminating this lease, enter upon and rent said premises to others att the best price obtainable or reasonable effort, without advertisement and by private negotiation and fors such term as The Lessor shall deem proper.  concerning such injury or damage. obligations hereunder.  3    Initials: (1 KP  Int the event ofs such re-entering, The Lessee shall be liablet to The Lessor for the deficiency, ifany, between Thel Lessee's rent hereunder and the price obtained by The Lessor on reletting or int the event ofs sucht termination this lease shall be at an end. Upon the exercise ofe either of said options by The Lessor, Thel Lessee will at once surrender possession of the premises and remove alll Thel Lessee's effects therefrom; and" The Lessor may forthwith re-enter the premises and remove all persons ande effects therefrom, using suchi force as may! be necessary, without being guilty oft trespass, forcible entry, detainer, or other tort. Not termination of thet term hereof shall affect The Lessor's right to collect rent 10. ASSIGNMENTS. The Lessee may not, without the prior written consent of Thel Lessor, sublet the premises or any part thereof or assign this lease or any interest or rights hereunder. Upon written consent of the! Lessor, thel Lessee may sublet said premises or any part thereof or permit the use of said premises by any party according tot the terms and conditions oft this lease agreement: and further according to thet terms and conditions, rules, regulations, and ordinances affecting all tenants, licensees, andi invitees of The Lessor's properties; provided, however, that Thel Lessee shall remain liablet to perform all thet terms and conditions of this lease upon any approved assignment or sublease. 11. ALTERATIONS. Iti is hereby agreed that during thet term oft this lease and any extension thereof, Thel Lessee shall be allowed to make necessary alterations and changes tot the building constructed on said premises, to maintain and repair said building, including repainting as needed, provided the plans and specifications for alterations, and/ /or proposed paint color, are: submitted to The Lessor and approved by it and dor not expand the size of thet building or required additional ground areai for use or maintenance. 12. ATTORNEYS' FEES. Ife either partyi is required to take legal action to enforce or attempt to enforce any provision of this lease, then the party prevailing ins said proceeding shall pay tot the other party reasonable attorney's feesi incurred ins said action. What constitutes reasonable attorneys' fees shall be determined byt the Judge oft the Courti in which said 13. WAIVERS. No failure of The Lessor to exercise any power given Thel Lessor hereunder, or toi insist upons strict compliance by Thel Lessee of its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of The 15. RELATIONSHIP. This contract shall createt the relationship of landlord andt tenant between Thel Lessor and1 Thel Lessee; no estates shall pass out of The Lessor; The Lessee shall  for the period prior tot termination.  proceeding is pending upon application ofe either party.  Lessor's right to demand exact compliance with thet terms hereof. 14. TIME. Time is oft the essence of this agreement. have only a usufruct, not subject tol levy or sale.  4    Initials: C1 K  16. CUMULATIVE RIGHTS. All rights, powers and privileges conferred hereunder upon the respective parties hereto shall be cumulative andi not restrictive ast to those given by! law, however, there shall be no renewal or extension of thet term oft this lease by operation of  law or byi implication.  17. NOTICES. For purposes oft this lease, any notice tol be given in writing to Thel Lessee shall be deemed effective when mailed by registered or certified mail, with required postage  prepaid, to Thel Lessee'saddress: asi follows:  ATTENTION: KEVIN POPE H&H AMG, LLC 1661 LAWRENCE RDI NW MILLEDGEVILLE, GA 31061  Similarly, any notice tol be given in writing to Thel Lessor shall be deemed to be effective when mailed by registered or certified mail, with required postage prepaid, addressed as  follows: COUNTYI MANAGER BALDWIN COUNTY, GEORGIA BALDWIN COUNTY GOVERNMENT BUILDING 1601 NORTH COLUMBIASTREET SUITE 230 MILLEDGEVILLE, GA 31061 18. MISCELLANEOUS  (a) The captions int this Lease are for convenience only, are not aj part of1 this Lease and do noti in any way define, limit, describe or amplify thet terms of this Lease. (b) All1 terms and words usedi int this Lease, regardless oft the number or genderi in which they are used, are deemed toi include any other number and any other gender as context may (c) This Lease represents the entire agreement between thel Lessor and Lessee hereto and there are no collateral or oral agreements or understandings between the Lessor and Lessee with respect to the existing building (M-6). Nor rights, easements, or licenses are acquired int the existing building (M-6) or any landa adjacent thereto byi implication or otherwise, except as expressly set forth! herein. This Leases shall not be modified in any manner except by ani instrument in writing executed byt thel Lessor andl Lessee and duly adopted by thel Baldwin County Board of Commissioners. Both parties having participated fully and equally int thei negotiation and preparation of1 this! Lease, this Lease shall not be  require.  5    Initials: L1 KE  more: strictly construed, nor any ambiguities in this Lease resolved, against either Lessor or (d) Ifa any provision oft this Lease shall be declared unenforceable in any respect, such unenforceability: shall not affect any other provision of this Lease, ande eachs such provision shall be deemed tol be modified, ifp possible, in such ai manner as to render it enforceable and to preserve to the extent possible thei intent oft the parties as set forth herein. This Lease is made ande entered intoi int the State of Georgia and shalli in all respects be interpreted, enforced, and governed under the Laws ofthe State of Georgia. (e)! Int the event of any disputes between the parties over the meaning, interpretation, or implementation oft thet terms oft this Lease, the matter under dispute, unless resolved between the parties, shall be submitted to the Superior Court of Baldwin County.  Lessee.  IN WITNESS WHEREOF, the parties to this agreement have  hereunto set their hands and signatures effective as of the day and year first above written.  [SIGNATURE: PAGE FOLLOWS]    Initials: C7  KP  BALDWINCOUNTY,GEORGIA EYARD Its: Chair, Baldwin County Board ofCommissioners  H&H AMG, LLC BY: 268  Its:  Owner  Signed, sealed, and delivered. yth This_ Int the presence of: A& lobes CE  day aJnuas  (SEAL)  My Commission ean  E  7    Initiais: (1. KP  EXHIBITA  Baldwin County Regional Airport.. Baidwin County Regional Airport KMLJ  M-6  18    Initials: C1 KE  EXHIBITB  38906 Federal Register/Vol. 81, No. 115/Wednesday, June 15, 2016/Rules and Regulations inthis ADtoo obtain correctiven actions from DEPARTMENT OFT TRANSPORTATION Administration, Offiçe of Airport approvedb byti thel DOA. thea approvaln must Policys ont the Non-A Aeronauticail Useo of SUPPLEMENTARY INFORMATION:  thea action must be accomplishedu usinga an methoda approvedby FederalA Avlation Adminlstration theN Manager, InternationalE Branch, ANM- 116, Trensport Airplane Directorate, FAA;or 14CFRC Chapter! (EASA): theB or Aviations AB, Safety Agency EASA (DockstNo. FAA2 2014-0463) Design Organization Approval (DOA).L includeth theD DOA-e (m)R Related Information Refert to! Mandatory Continuing Airworthinessl Information MCAD)European Transportation! (DOT). Aviations Safety Agency Diroctive2 2014-0255. dated! November2 25, 2014. forn relatedi information. ThisN MCAI SUMMARY: Thisa clarifies the may bef foundi int the ADd Interneta at http:l/www.r regulations.g govby, aeronauticali itemsi in airport facilities searchingfo fora andl locating Docket No.1 FAA- designated for aeronautical use. Under InJuly; statement 2015-7524. (n)M Materiall Incorporatedb by Reference accepted. have obligations federalg containedi grants and/ort inp property those that requirements! for airports sponsors, (1)The Directoro ofthe Foderal Register deeds for propertyt transferred under airportr managers, airporti tenants, state approvedt thei incorporation byr referance (BR)ofthes servicei informationl listedinth this Surplus Property Actg generally may use staff. (79F Federall Register (FR)4 42483, paragraphu undors U.S.C. 552(a) and1 1CFR airport property onlyf for aviation- part51. (2)Y Your must uset thiss servicei information related purposes uniesso otherwise dot thes actionsr ruquiredby approved! byt theF FAA.I Ins some cases, grants under the Airport Improvement thisA AD. unlesst thisA ADs specifies otherwise. airports havea allowedr non-e aeronautiçal Program with certain (AIP)E have agreed to comply (3)Thef followings servicei informationy was storage or usesi ins somel hangars approvedf for IBRo onj July2 20, 2016. GSaabs Service Bulletinz October2 22, 2014. (i)R Reserved. (4)7 Thef followings informationy recognizest that storageo ofs somei itemsin at49United States Codes (U.S.C.) approvedf forI IBRo on September9,2 2014(79 ahangar thati is otherwise usedf for FR45337, August5. 2014). (Saabs ServiceB Bulletin2 2000-38-010, thea aeronautical utility ofthe hangar. sponsor maket thea airport available for dated July1 12,2 2013. (ii)s Saab ServiceN Nowsletters SN:2 2000-1304, ofa aeronautical uset toi include Revisiono 01, dateds September 10, 2013, Statementt including toOperator? Attachmenti 2000PBS034334.1 Enginoering Issue andp provides additionalg guidanced on availableo on reasonable terms without A,dateds September9,2 2013. (5)Fors sorvicei informationi identifiedin bangar." thisA AD. contacts Saab AB, Saab Aeronautics, DATES:1 The policy described! hereinis Grant Assurance 19, Operation and SE-5818 88, +461 13185591: fax 131 184 asshypeeawtyps com; Internet http:l/www.s saabgroup.com. (6)Y viewt this information Transport 1601L Lind Avenues SW. Renton. WA.F For Independence Avenues sW., informationo on thea avallabllity ofthis 7)Y Your mayy view thiss service thatis isincorporatodt by: roforencoa attho National Archivesa and Records Adminiatration NARA). Fori informationo on Internetb by: thes availabilityo ofthis materiala atl NARA,call (1)S Searching theF Federal orgoto:h https!! www. rchives.g odealrgistarldflbr eRulemaking portal (http:!! locations.html. 2016. Michaelk Kaszycki, Acting.Manager,? Transpart Airplane FRD Doc. 2016-1 BLLING CODE 4910-13-P  Compliance andN Management/ Analysis, 8001 independence Avenue SW., Washington, DC2 20591, orb by calling (202)2 267- 3085. Makes suret toi identify thed docketn number, noticen number, or amendmentr number ofthis proceeding. Authority for the Policy: This documenti is published undert the United States Code. Subtitle VI, partB. chapter 471, section4 47122(a). Background 2014, theF FAA issueda aviation andF FAA compliance July 22, 2014). Airports sponsorst that) have accepted ine each AIP Federal policies ass included granta The agreement sponsor L.9 97-248), as amended andr recodified 47107(a)(1), andt thec contractual sponsor requiret that thea airport Economic Nondiscrimination. requires activities, includinga aviations serviçes. Maintenance, prohibits an airport activity thaty wouldi interfere with useof Federal airport propertyf fora airport purposes. In some cases, sponsors whol have received propertyt transferst throughs surplus property andr nonsurplus property some may form designates approval. but aeronautical facilities oft the airport must bed dedicatedt tou uset for aviation purposes. Limiting useo ofe aeronautical facilitiest toa aeronautical purposes availabletor meet aviation demanda at the ownerss should notb bec displaced byr non- "Tbeterms "non-aviation" areusedh  signature. Alrport Hangars  AGENCV: Federal/ Aviation ACTION: Notice off final policy.  Administration (FAA), Department of authority describedi in Title4 49oft the FAA'spolicy regardings storageo ofnon- Airport Sponsor Obligations Federall law, airporto operatorst thath have proposeds airporth hangarst to clarify ofpolicyo compliance on useof  action  the  Federall lawss such asthe intendedf for aeronautical use, whicht the hangar. Att thes same time, theFAA aircrafts storages will haver noe effocto on  FAAI hasf foundt toi interferey witho or assurances. Airport and Airway ontirely displace aeronautical useo ofthe Improvement Act of1 1982 (AAIA)(Pub. Thisa action also amendst thed definition aviation use. Grant Assurance 22, ofa amateur-built: aircraft thes sponsort tor maket thes airport permissibler non-a aeronautical use ofa unjust discrimination! for geronautical FORF FURTHER INFORMATION CONTACT: sponsor fromo causing or permittinge any KevinC. Willis. Manager, Airport Compliancel Division, Aviation Administration, 800 Washington, DC2 20591, telephone (202) agreements! haves similarf federal ADDRESSES: Youd can geta an electronic Thes sponsor copy ofthis Policys anda allo other documentsi int thisd docket usingt the use,1 with ofthes FAA airportf non-aviation www. faa.g goieguistionssrch) www. faa.g gov/regulations policies);or airport. Aviation tenants anda aircraft (3) Accessing theG Government Printing Office's Web page at (http:! Service. www.8 gpoaccess.s gov/index. htm!). Youd cana alsog geta acopy bys sendinga request totheF Federal Aviation  telephone effective) July 1, 2017.  ACO-100,  materiala att theF FAA, call4 425-227-1221. 267-3 3085; facsimile: (202): 267-4629. obligations.  areas  Issuedi in Renton, Washington, on! May31, Policies (2) Visiting Wob page FAA's at Regulations (http:!! and ensurest thata airportf facilitiesa are    Initials: C7 KP  Federal Register/Vol. 81, No. 115/Wednesday, June 15, 2016/Rules and Regulations 38907 aviation commercial usest thato couldbe ofthes airportb helpst to ensuret thatt the comments objected tos some aspectt the itisthel longstaindingpolicy ofthe isn monitoreda anda allowst thea airport objectingt tot they proposal tendedt tof fall forn non-aeronautical) purposes unless rates, inc order tor meett their federal use ofhangars at all,e especiallyi ifthe  conducted offa airport property. FAAU that airport property bea available sponsort toc clearly identify non- fora aeronautical use andi not be available aeronautical fair market value lease thatr non-s aeronautical usei isa approved obligations. Identifyingr non- byt theF FAA. Useo ofa dosignated facility foran non- aeronautical purpose, eveno ona temporary! basis, requires FAA approval. aviationa activities with aviation SeeFAA Order5 5190.6B, Airport Compliance! Manual, paragraph 22.6, FAAG Oversight September 30, 2009. Thei identification ofnon-a areas receives special attentioni inF FAA obligationsi requiret thati its aeronautical airport) land used compliance inspections.: Sce Order 5190.6B, paragraphs. 21.6((5). TheAAIA, at49 U.S.C.4 47107(a)(16), toc includea an Airport Layout Plan, implements must designaten non- aviation areas ofthe inconsistenty witht theA ALPU unless approved by theF FAA. See Order Plans, Chapter 10. receives atl least Fair Market Value (FMV)  non-a aeronautical use of airport property proposedy policy statement. Comments appropriater rates fort these uses prevents policy! limiting use ofhangars on  intot twog general categories: The FAAs should notr regulatet the hangari is privately owned. Whilet theF FAAs should! havea federally obligated airports to aviation uses, the proposed policyi istoo restrictivei in definingv whata activities shouldb bea allowed. Discussion ofComments and Final Policy reflectst then major issues raised andd does itemsi ina notr restatee each commentr received. The  aeronautical usesa and charging thes sponsorf froms subsidizing non- revenues. fora aeronautical activities. Ifthe presence ofn non-a  useo ofs aoronautical As sponsor's Grant Assurance  facilities beu usedo or bea available foru use Thef followings summary ofc comments  Areas oft thes airportd designatedf for hangar does noti interferev with these FAA considered all comments received non-seronautical: usen mustb bes shownon obligations, then the FAA willg generally even ifnots specificallyi identified and ana airport's Airport Layout Plan (ALP). noto considert thep presence ofthosei items respondedt toint this notice. The FAA requirest that AIPg grant agreements obligations. Whena an airport! has unused on comments received. In addition, the maintaina an ALPi inai manner prescribed sponsor can requestt theF FAA approvai Questions and/ Answers regardingt the bytheFAA. Sponsor assurance 29, forir interim non- aeronautical useo ofa Hangar Use Policy on www. foa.g gov! $471071)(16). andp providest thata anA ALP hangarsf foran aeronautical purpose. and Answers will be periodically airport.1 Thes sponsor mayn not allowa an bes accommodated overn non-E aeronautical revisedt tor reflect thec changes int this alteration oft thea airporti inan manner use, even ifther rental rate would be notice. 5190.6B, paragraph 7.18, andA Advisory marketo commercial rental ratef fora any government andl leave allr regulationo of Circular 150/5070-6B, Airport Master hangar rental or usef for non- Clearlyi identifying non-a aeronautical Thel FAA conductsl land use facilities noto only) keeps aeronautical inspectionsa at1 18 selecteda airportse each either through AIPS grant agreements or façilities availablef fors aviation use, but year, atl least twoi ine each ofu ther nine asurplus property deed, tol limit the use also assurest that thea airports sponsor FAAr regions. See Order! 5190.6B, from non-aviation uses consideration ofv whether thes airport airport hasa agreed tot theset terms. The ofthea airport. TheA AAIAI requirest that sponsori is using designateda aeronautical FAAr relieso on each airports sponsor to airportr revenuesb be usedf fora airport areas oft the airporte exclusivelyf for purposes, andt thatt thes airport maintain aeronautical purposes, unlesso otherwise contract.1 Tor maintaine standardized afees structuret thatn makest thes airport as approved! byt thel FAA. See Order self-sustaining: asp possible. 49U.S.C. 5190.6B, paragraph 21.6. 471071a)(13)(A) and (b)1).1 Thel FAA and TheA Notice ofProposed Policy the Departmento of Transportation' Office ofthei Inspector Generalb have interpretedt theses statutory provisionsto ofproposed policy on use ofhangars property agreements.) It falist tot thel local requiret that non-aviationa activities on andr relatedf facilitiesa atf federally ana airport bec chargeda fair market rate obligated airports, to providea cleara and requirements." TheF FAA allowsa airport foru useo ofa airportf facilitiesr rather than standardized; guidef for airports sponsors sponsorss some flexibility toa adapt thea aeronautical rate. Soe FAAF Policies andF FAA compliance stafi. (79FR Airport Revenue, (641 FR 7696, 7721, more than2 2,400 comments ont the February 16, 1999) (FAAI Revenue Use proposed policys statement, then majority adoptedl hangar use practicest that] ledto aeronauticalr ratef fora ahangar andt then aircraf. TheFAA alsor received usest theb hangarf foran non-a aeronautical commentsf from aircrafto owners,t tenants tos allow reasonables aviation-r -related uses purpose,t thet tenant mayb be payinga ando owners ofhangars, anda airport ofs airport) hangars. More commonly, below-marketr ratei inv violationo ofthe operators. The Aircraft Owners and aircraft owners! havec complained that sponsor's obligationf fora self-sustaining Pilots Association (AOPA)andu the hangarf facilities aren nota availablef for rates structures and FAA's Revenue Use Experimental/ Aircraft Association Policy. Confiningr non-a aeronautical (EAA) also providedo comments on activityt to designatedr non-a -eviation areas behalf oftheirr membership. Mosto ofthe purposes thata areu unrelated toaviation,  av violation ofthes sponsor's discusses revisionst tothey policyl based hangars. until demande exists fort those airport compliance. These Questions user mustt take priority and updated until FAAC Order! 5190.6Bis higher for then non-aeronautical use. The 1.Comment: Commenterss stated that sponsori ist required too chargea fair theF FAAs shouldo defert tol local aeronauticalp purposes. (641 FR: 7721). Response: The FAAI contract paragraph 21.1.1 Thei inspectioni includes purposes. E sponsor ofano obligated  byt thes sponsort to, hangars andl low aviationd demand,a FAAI will postf frequently asked  hangaru uset tothed airporto operator. with thes sponsor ofan obligated airport, ofairport comply withi its obligations undert this national airports system and standardized practices in eacho ofthe FAA's nine regionalo offices, the agency issuesg guidance on itsi interpretation of airports sponsor toi implementt these compliance tol local conditionse at each However, some airports sponsors have thats sponsors aret toon restrictive, and fail aircraft storageb becauses airport sponsors have allowed the use ofl hangars for  to certain aviation  InJuly2 2014, theF FAAi issuedanotice ther requirements oft the AIPa ands surplus  andP Policy). Ifana airportt tenant pays an  Concerning thel Useof 42483, July: 22, 2014).1 TheF FAAr received airport.  from personsy whol haveb builto orarei in. airport users to complain tot theF FAA. thep process ofbuildinge ans amateur-b built Somea airport users havec complained  10    Initials: LKE  38908 Federal Register/Vol. 81, No. 115/Wednesday, June 15, 2016/Rules and Regulations issuingt thej July 20141 notice, theF FAA commentodt thatt there are different situations where therei is no aviation management ofb hangaru use. interests. andt thatu the! FAA's policy income! fort thes sponsor. F agency continuest tol believet that should reflect those differences. The Response: Ats some airports, ats some FAA policy guidance isa appropriate and FAA acknowledges! thato ownershipo or times, there will be more hangar toa aeronautical facilities onf federally, variousa aeronautical facilities ata airports aeronautical demand, anda asa aresult comments received ont thep proposal. tenants wouldr reflect those differences. tomake use ofthe! hangars tos generate 2. Comment: Commenters, including Thef formo of propertyi interest, beita revenuef fort the airport, asl longast the AOPA, stated thatt thel FAAI lackst the leasehold or ownership ofahangar, hangar capacity can be rocovered on authorityt toregulatet the used ofr privately does nota affoct theo obligations ofthe relatively's short noticef for aeronautical Response:1 TheF FAAI hasas statutory Assurances. Allf facilities on designated paragraph: 22.6.1 Thef final policy adopts fodorally obligatod airporti isa nocossary hangarss should be usedt tos store aircraf useis received. Thef final policy requires part ofan nationals systemo ofaviation and notf forn non-aviation uses. but, they thata sponsor request FAAa approval  sucha aso operatingan non-aviation intendedtor resolvel bothk kindsof complaints by providings guidanceo on  leased fromt thes airports sponsor. The 5. Comment: Commenters stotedt the kinds ofs structures ont thea airport, with demandf forl hangars, especially when in rental and ownership hangars arey vacanta andy producing no  business ors storingr multipley vehicles. By Leesburg Airport Commission necessary top preserve reasonables access leaser rightsa andt the uses madeof obligatede airports.) However, thef final will vary. The agency expectst that policy basb been revisedi in responseto airport sponsors' agreements with ownedh hangars. obligationt toa assuret thatf facilitieso on aeronauticall lando ons an obligated auronautically designated! landat fderally, obligated airportsa are reasonably availablef fora aviation use. aeronautical use. Designated aeronautical lando ona facilities. Land designatedf for local airfieldt taxiway andr runway system. Land designatedf for aeronautical conditions, usei is alsos subjectto curtaino policies designedt to preservea accessi for aeronautical users and tos support  policy shouldo apply different rulesto capacityt than neededt tor meet therey willb be vacanth hangars. TheF FAA agrees thati ins such casesi itis preferable usey when needed. See Order! 5190. .6B, aprovision modeled onal leasing policy Commission, which allowsr month-to- month leases of vacant hangars for any, before implementinga similar) leasing .1 Thea airports sponsor may request Theplan may bei implemented only when therei is noo current aviation demandf fort the vacant) hangars. must requiret then non- on3 30d days" notice, toa allow aeronautical Once the plan isa approved, the approval. The agency believest this willa allow aeronautical usev when needed. FAA pre-approval ofa month-t to-D -month leasing plan willn minimizet theb burden that the! terms' "incidental use" and the policyl lists specific prohibited 7. Comment: Commenter states Glider the airporto othert thand aircraft, suchas  airport sponsor undert the Grant thatt the facilities bea availablef for argue thep proposed policyi istoo relatedi items ina hangar along with aircraft. Response: In responset tot the  airporta ares subject tot ther requirement ofthel Los Angeles County Airport 4. Comment: Commenters agreet that purposet untilai request for aeronautical aircraft. Ah hangar with and aircraft init an FAA approval ofal leasing planf fort the still hasal large amount ofroom for lease of vaçant hangars for non-  aeronaulical useo offers açcess tothe restrictive ont thes storageo ofnon-aviation plan: (includingr rental rates) which were effecton theu use ands storage ofthe aeronautical uses. Aj persony whol leases comments. thef finalp policy deletest the ahangars accepts conditionst thato come usea ands simply requirest thatr non- ofthel location. Thef fact't thatt the with movement ofa aircrafti inorc outof  including FAA storage ando otheri incidentalu uses, and aeronautical usec onar month-t to-month  ratesa and charges thats space can beu used with noadverse basis.  aeronauticall lando ont thea airportt tob build criteria of" "incidental" or" 'der minimis" seronautical tenant toy vaçate thel hangar benefits with thatl land ini return fort thes special aviations storagei inah hangar noti interfere use whena arequesti isr received.. tenant payst the sponsorf for useo ofthe theh hangar, ori impedea access to other sponsor may) leasev vacant hangarso ona hangaro ort thel land doesr nota affectt the aeronautical contents oft thel hangar." The 30 days' notice withoutf further FAA agreementb between thel FAA andt the policy! sponsort thatt thel land1 bet used for aeronautical purposes. (Int fact, most would bec consideredt toi interfere with airports too obtain some financial benefit hangarc ownersd dor noth have fee ownership ofu thep property: typically toi airports thes airports sponsor upone expiration of thel leaset term). Ana airports sponsor may aircraft ina ando outo hangar; chooset to apply differentr rulest to hangars owned by thes sponsort thanit ofthel hangar. (A vehicle parkeda att the itis consistent with existingi interim use doest top privatelyo constructed hangars, bangar whilet thev vehicle owner isu using guidance. butu theo obligations oft thes sponsor Grant the aircraft willr notb bec consideredt to 6. Comment: Commenteri indicates Assurancesa and thereforet theb basic displacet thea aircraft); policies ona aeronautical uses statedi in this notice, will. applyt tol both. 3. Comment: Commenters! believe that o Are used for thec conduct ofanon- Response: TheF FAA! has notu used apolicyo applying thes samer rules toall aeronautical! business or municipal these termsi int thef finalp policy. Instead, kinds ofo aeronauticals structures, andto agencyf functionf fromt thel hangar privately ownedh hangars as wello as (includings storage ofi inventory):or conditionst that would bec consideredto sponsor-owned! hangars, is too8 general. o Ares storedi in violation ofairport interferev witha aeronautical use ofa Thep policys should acknowledge the rules andr regulations, leasep provisions, hangar. differences between categories ofairport building codeso or localo ordinances. Response:A A numbero ofc commenters witha an aeronauticala activity (e.g. thoughtt thatr rulesf for used ofp privately, skydiving. ballooning. gliding) wouldbe tow vehicles and towinge equipment. constructeds ando ownedh hangarss should considered ana aeronautical use ofa Thiss should be and approved useof  conditionst that listss specific the Impedet movemento ofthel ofthe  aeronauticali aeronautical use. items Stored would non- bec considered from vacant hangars no, whilea allowing witha aviation usei ifthey: theb hangarst tol bec quickly retured to Displacet the aeronautical contents on airports sponsors andF FAAs staff: since Impede toa aircraft or other "insignificant amount ofs space" aret too aeronautical contents oftheb hangar; vague and restrictive.  to ownershipof 01  facilities.  Note: Storagec of eguipment associated operations requires storage ofi items at  bel lessn restrictivet thanr rulesf fort hangars bangar.  hangars.  11    Initials: (1 Kr  Federal Register/Vol. 81, No. 115/Wednesday. June 15, 2016/Rules and Regulations 38909 Response: Towb bars andg glidert tow recognition ofthet timez many aircraft requirement for sponsors to construct equipment! haveb been addedt tot theli list ownerss spendo atthea airport, andt the specialf facilities ortou upgradee existing Whethera av vehiclei is dedicatedt tou use Response: Thef finalp policy does not Airports sponsors areu urgedt to consider forg glidert towingi isap particular factt that includes anys special provision fork lounge thea appropriate safety measuresto sponsori ine each case. Otherwiset the permittingo or prohibiting theses areas. Airports sponsors leasinga vaçant! hangar generalr rules for parkinga vehiclei ina Thep policy requires onlyt that anyn non- for aircraft construction also are urged 8. Comment: Commenters statesit interferei ine any way witht thej primary thel lease toe ensuret thec shouldb bec cleart thati itis acceptableto used ofthel hangar for aircrafts storage and project proceeds to completioni ina aircrai is outo ofthel hangarb being used. expected tol havel lease provisionsa and respectt too commercial aircrait Response: The final policy statest that regulationsi inp placet tos assuret thati items manufacturing remains unchanged. avehicley parkedi int theh hangar, while locatedi ink hangars dor noti interfere with 13. Comment: Commenter suggests will: notb boc cunsiderod to displaco the 12. Comment: Commenters, including can bes stored inah hangar should be aircraft, andt thereforei isnot prohibited. EAA, stated thato all construction ofan clarified, because repairs sometimes (EAA), statedt that aviation museums use, because buildinga an aircraft isan aircraft". Response: in thef finalp policy doesn not other Response: non-profita Aviation museums and construction Response: than Thel FAAb finalo haso assembly. consistently andr repair. and for other routine and organizations mayb havea accesst toa airport heldt thatt ther need fora ana airport! hangar exceptional reasons. Thef finaly policy property at! lesst thanf fair marketr rent, inn manufacturing orb buildinga aircraft period) does noti beyond includes which ans arbitraryt ane aircrafti time is no andF Procedures Conçerningt the Used of aircrafta ares assembledi intoa ac completed longer considered operational. be An to Airport Revenue. (64F FR7 7710, February aircraft. Priort tot thats stage, components airport operator should ablet 16, 1999). Howover, therei is nos special can be assembledo off-airporti ins smaller determiney isl tob whethera become particular aircraft ina reasonf for sucha activitiest to displace spaces. Thisd determination! hasb been reasonablet likelyt orr operational and aircraf. Accordingly. aviation museums AI largen majority ofther more than that 14. Comment: shouldl Commenters suggests continuet tol havet thes same accesst to notice arguedt thata aircraft construction hangars ond an obligatedo airportas vacanth hangars spaces aso others activities atany stageisa ana aeronautical: activity. proposed in the/ july 2014 notice. aviationd demand (aircrafts storage)f for differs froml large-scale, commercial denying thed availability of hangar space thatt thep policy should allowa grace alternatives space forc construction ora intheJ July 2014 notice, citing their period" for maintaining possessiono ofan means tou ultimatelyt transport completed experiencev with! beingd denied accessto emply! hangar forar reasonable time largea aircraft components tot thea airport hangarst thaty wereb being used forr non- Response: TheF FAA8 assumest that ana airporth hangart mayb bet the only viable thep proposed policy int the use oft their airport leaset terms wouldi include locationf fora amateur-b -built or) kit-built hangars, buto onlyt to the extentt that there purpose ando otherr reasonsa hangar the) July2 2014n notice, many airports! have thel hangar. Thei intent ofthef final policy includingt thea aircraft beingi in useo orat construction ofan aircraft, even for hangart tenants andt to simplify another! locationf for maintenance." The severaly years, wouldr not prevent owners enforcement responsibilitiesf fora airport reasonsf fort temporary) hangary vacancy ofoperating aircraftf from havinga access sponsors and theF FAA, buto onlye asis various events dependo onl local needs Accordingly,the FAA willo consider requirements for useo of federally and) lease policies, andt theF FAAI hasn not thec construction ofa amateur-builto orl kit- obligatede airport property. includeda anys special provisionf forg grace builta aircraft as ana aeronautical activity. Final Policy 11. Comment: Commentersh believe reasonablea access tot thisc class of users, In accordance with the above, the thatti the policys shoulda allows some subjecttol local ordinances andb building FAAi isadoptingt thef following policy leisures spacesi inal hangar, such asa codes. Reasonable accessa appliesto statemento ont use ofhangars at federally lounge ors seating areao andk kitchen, in currently availeble facilities; therei isno obligated airports:  ofexamplesc ofa aeronauticale equipment. benefits ofan airport community.  facilities for aircraft construction use.  can bed determined by thea airport hangarv wouid apply.  areas or) kitchens, eithers specifically accommodates aircraft construction. aviation relatedi itemsi ina hangar not toi incorporate] progress benchmarksi in  park av vehiclei int the hangar whilet the movement.1 Thea airports sponsori is thev vehicled owneri is usingt thes aircraft thisp primary purpose. 9. Comment: Commenters, including aircrafts should bec considered  reasonablet time.1 TheF FAA's policy with that thet time thata an inoperable aircraft involve periods ofi inactivity. cans Thet term* "operational  Experimentol/ Aircraft andn non-y profit organizations that promote aviations should notb be excluded! fromh hangars.  aeronautical for the purpose ofhangar  inherently aeronauticald activity. The necessarily mean an aircraft fueleda and policys shouldo at! leasta allowf foru useof ready tof fly.. Allo operating aircraft ahangara atar muche earliers stageof experienced downtimef forr maintenance  unders section VI.Eofthe FAAI Policy arisesatu thet timot thec components ofthe storageo ofo operating aircraft, unlesst the manufacturing: as wella asb homebuilding activityi itselfi involvos usea ands storage of ofoxporimontal: aircraft. andn non-p profito organizations will thatd dor nota actuallyr requireal hangarf for TheF FAAT recognizest that the aviation use, thati is, whent therei isno those! hangarsa and subjectt tot the discretion ofthea airporto operator. 10. Comment: Commenterss suggest builto orl kit-builts aircraftt to find fromt thes saleo ofand aircraft tot the purchase orl lease ofan newo aircraftt tobe accesst tol taxiways ford operation. storedi int thel hangar. reasonablea accommodationi fort this aircraft mightbee emptyf for some period oftime, vacanth hangars wheres al leasef for anda appropriate" grace periods" for toh hangars storage.  aircrafto  seeking! hangars spaçef for appliedt tob both commercial aircraft provisionsi timec int the not, leaset incorporate to  fore either hangar! providef possibility. Airports sponsors frequently allowr non- supportedt thes relatively strict] policies thatt thef final policya adopted. wills allow isto minimize ther regulatory burden on consistenty witht thes statutory  2,400 public comments receivedo on the the FAAS limit used of ofe amateur-b builte aircraft aeronautical useo ofh hangars now, aircraft manufacturing. Itmayb ber more toaircraf owners. difficultf fort thosec constructing amateur- Response: Some commenters forf finala assembly, andu ultimately for aviation purposes. TheF FAA believes  statedt thatinn manyo cases hangar tenantsg greater fexibilityt than Also, as notedin isnoi impact ont the) primary purpose of  periodsi int thef fnalp policy.  Airports sponsorst must provide  12    Initials: C7 15/  38910 Federal Register/Vol. 81, No. 115/Wednesday, June 15, 2016/Rules and Regulations Usec of Aeronauticall Landa and Facilities interfere witht the aeronautical useo ofthe paragraph: 22.6. interim! leases of unused Thisp policys applies tos alla aircraft restrictiver rules for useo of! hangars, the facilities. Approvedi interim or storage areaso orf facilities onaf federally FAAw willg generally not consideri items concurrentr revenue-p production uses obligateda airport unless designated for toi interferev witht the aeronautical useof must noti interferev withs safe end approvedf forn non-aviation useb by the aircraft in and out ofu thel bangaror allowt thel bangarst tob ber recovered ona used ofk hangarss sincet they aret thet type aeronauticald contents oftheb hangar. purposes. Ine eacho oft Tthes above cases, the involvedi ini issueso ofnon-aviation use, oftheb bangar. Av vehiclep parkedatt the non- -aeronautical fair marketr rental fees butu the policya also appliest to other hangar whilet thev vehicleo owneri is using fort then non- aeronautical useo ofa airport  Applicability  hangar.  hangars cang generater revenuef for the efficienta airport operationsa ands sponsors should only agreet tol leaset terms that 30days' noticef for aeronautical FR7721).  d.Whiles sponsors maya adopt more airporta andp prevent deterioration of  non-a aeronautical use on ana approved theh hangar unlesst thei items: AirportL LayoutF Plan ord otherwise FAA. Thisp policys generally refers tot the impede access toa aircraft or other ofaeronautical facility: most often" structures one areas ofan airport designated for aeronautical use. This displacet thea aircraf. policys appliestoall userso ofaircraft hangars, including airports sponsors, municipalities. and other public entities. regardless ofv whethera useris ano owner orl lessee oftheh hangar. L.General Thei intento ofthis policyi istoe obligated airportsi is protectedb by purposes. Thep policy including Grant Assurance5 5, Preserving Rights and Powers; Grant Assurance2 22, Economic! and Grant Assurance 25, Airport Revenues. Hangars mustb be usedf fora ans aeronautical asd describedi in Sectionl m. b. Aeronautical usesf for) hangars include: 1. Storage ofa activea aircraft. 3. Non- commerciald amateur- builto ork kit-b -builta aircraf. 4. Maintenance, repair, or aircraft. 5.S Storage ofa aircraft handling equipment, e.g.,t towbars, glidert tow equipment, materials usedi int thes servicing, aircraft. C. Providedt theh hangari isu used airports sponsorr may permit non- aeronauticali items tobes storedi in hangars providedt thei items dor not  1.Impedet ther movement oftho  2.Displacet thea aeronautical contents airports sponsori is required toc charge thea aircraft will notb bec consideredto property, even ona ani interimb basis. 4.A Are used for thec conduct ofanon- leasing plan: Ana airport sponsor may 5. Ares stored in violation ofairport thel local FAA Office of Airports. When rules and regulations, lease provisions, therei isno current aviation demand for operations stafff forr remotely located thatt thet tenant will vacate theh hangar on typical pilotr resting! facility or approved. thes sponsor mayl lease vacant Grant residenceo or hangar home. Thef former withoutf further FAA approval. Ifthe and/orr resting periodsf fore aircrew, and aeronautical used ofthe hangara and no nota asap permanent ore event temporary other suitablel hangars spaceisa available, f.Thisp policy appliesr regardlesso of montht tenantt thatit itr mustv vacate. hangar fromt thea airports sponsoror interim use oran month- -to-monthl leasing aeronautical use is made availablef for procedures for accepting newr requests of! hangars, thel hangars for aeronautical use; and (4)e assurance Non-Aeronautical Use Ine each ofthe above cases, thea airport  (64  3.1 Impede access tos aircraft ord other contents ofu theh hangar. agency functionf fromt thel hangar (including storage ofi inventory). e.1 Hangars may notbe usede asa  b.E FAAa approval ofa month- to- month to-monthl leasing planf for non- use ofv vaçantf facilities from request FAA approval ofal leasing plan acronautical use onar month-to-month basis. Thep plan mustp providef for leases thati includea an enforceable provision a30-dayr notice. Oncet thep planis bangars ona3 30-dayn noticeb besis  orr municipal obtain advance written approval month-  thatt thef federali investment inf federally buildingo codes orl local ordinances. vacanth hangars. thea airport sponsor may makinga aeronauticalf facilitiesa available residence, withal limitede exception for fort thel lease ofv vacant! hangars for non-  toaeronautical users, and by ensuring. sponsors providing and on-airport thata airports sponsorsr receive fairn market rosidence foraf full-t times airport valuof for use ofa airport proporty forr non- manager, watchman, ora airport implementss several Grant Assurances, airports. The FAA differentiates  quarters versus hangar  Assurance 24, Feed and Rental Structure; are designed tob be used for overnight airports sponsor receivesarequest) for I.S Standardsf for Aeronautical Useof residence. paragraph 20.5b) SeeFAA Order! 5190.6B thes sponsor willn notify then month-to- a. Hangarsl located ona airport property whethert thel hangaro occupantl leases the A sponsor's request fora approval ofan aeronautical purpose, unless otherwise constructedt theb hangara at the occupant's ani inventory ofe faeronautical: and non- approved by! theF FAA Office ofA Airports owne expense while! holdinga ground aeronauticall land/uses, (2)ir information 2. Final assembly ofaircraft under sponsor's obligationst tou usea aeronautical aeronautical use when therei is renewed indefinites storage ofr nonoperational FAA approval for non-seronautical use property. even onani interimb basis. (64 maintenance, repairo ord outfittingof aviation demand fork hangar space, the aeronauticalf facilities. Any other non- primarily fora aeronautical purposes, an useo ofal hangar forn non-aeronautical land requires advancev writtens approval  purpose, orbea availablef foru usef foran developer, ort thel hangar occupant  plans shouldi include or providef for(1) on vacancyr rates; (3)thes sponsor's thatf facilities can be1 returnedt to aeronautical demandf forl hangar space. sponsor isr requiredt to charger non- aeronauticali fair market rentalf fees for C. Otherc cases: Advance written releaseb byt theF FAA for allo other non-  lease. Whenl land designated for. built on thel land are subjectt tothe facilities fore aeronautical use. of m. ofHangars Approval for? cases:  refurbishment ofa aircraf, butnott the As sponsor willl be considered tol have ther non-  use ofe airport  ofah hangari ine eacho ofthef following FR7 7721). FAA advancos approval ofan unoccupieda and there isn no current aeronautical uses ofd designated airport sponsor may: request! thatF FAA aeronautical use ofad designated Office ofA Airports approve ani interim aeronautical facility orp parcel ofairport purposes foral periodo of3to5 years. from thoFAA Office of Airportsi in TheF FAAV willn reviewt ther requesti in accordance with Orders 5190.6Bc chapter  andt toolsa and interim use: Where hangars are  accordance with Order 5190.6B  22.  13    Initials: AKE  Federal Register/Vol. 81, No. 115/Wednesday, June 15, 2016/Rules and Regulations 38911 Non-commercial constructionof includinga acronauticall leases,t toa adjust itrelates to devices regulated by the considered ans aeronauticale activity. As incidental non-a aeronautical useo ofthe Health (GDRH): Antoinette (Tosia) thel lease ofh hangars spacef fort thisa activity aeronautical purposei ins violation ofthis Administration, Bldg. 66, Rm. 5424, withoutF FAA approval. Airports sponsors policy, ther rental payments duet tot the 10903 New! Hampshire Ave., Silver arer notr required toc construct special sponsor woulda automaticallyi increaseto Spring. MD2 20993-0002, 301-796-6119, Airports sponsors aisos should consider evidencet thatt thes sponsor hasl limited Biologics Evaluationa and Research, targets int thel lease toe thatu the TheFAAr may disapproves an AIP New Hampshire Ave., Bldg.7 71, Rm. withina reasonablet terma after project used for non- aeronautical purposes. SUPPLEMENTARY INFORMATION:  IV. Useo ofHangars for Construction of d. Sponsorss should also consider FORF FURTHERE amateur-built ork kit-builta aircrafti is rental ratest toF FMV fora anys non- airports sponsorr mayl lease or approve tenant usesal hangar forar non- facilities or upgradee existingf facilities aFMV level. ford constructione activities. Airport sponsorsa are urged too considert the appropriates safety measurest to these users. incorporating, construction progress hangarst to aeronautical use. hangar willbeu usedf for final assembly grantf for hangar ands storage ofano operational aircraft existingh hangarsa at thes airportb being start. V.NoF RighttoN Non-Aeronautical Use June2 2016. Int thec contexto ofe enforcement ofthe Robink K.I Hunt, GrantA somei incidentals storage ofn non- aeronautical itemsi inb hangarst thatd do FRDoc. 2016-1 noth interferev witha aeronautical use. BILLNG CODE However, thep policy neithero creates nor constitutesar rightt tos store non- aeronauticali items inl hangars. Airport sponsors mayr restrict or prohibits storage HUMANS SERVICES ofnon-a aeronauticali items. Sponsors shouldo considerf factorss sucha as emergencys access, firec codes, security, insurance, andt thei impacto ofv vehicular 21 CFRF Partse 660, 801, ande 809 traffico ont theirs surface areas when enacting rulesn regarding! hangars storage. Ins somec cases, permitting certain incidental non-aeronauticali items in hangarso couldi inhibilt thes sponsor's Useo of Symbolsi ink Labeling with Grant Assurance 19, Operations HHS. and Maintenance." Toa avoido claimso of ACTION: Finalr rule. discrimination, sponsorss shouldi impose consistentr rules fori incidentals storagei in SUAMMARY: TheF Fooda andI Drug alls similarf facilities att thes airport. Sponsorss shoulde ensuret that taxiways issuing thisf final ruler revisingits and runwaysa are not usedf for the vehiçulart transporto ofs such items toor product! labelingr regulations to fromt thel hangars. VI.S Sponsor Compliance Actions andu usedf for thoe exception. unapproved: non-a hangars. ofahangarf for aircrafts storageis minimized.  CONTACT: For  nA Aircraft with any  includinga provision ine airportl leases, informationc concerning thef finalr ruleas leased facilities. Inc otherv words, ifa Hazlett, Center for Devices and e.F FAA] personnel conductingal land Fori information concerning AeR final usec or compliancei inspection ofan ruleasitrelates! to devices regulatedby  Center for Devices and Radiological Radiological Health, Food and Drug email: Tosia. Hazlett@fda. hhs.g the Center/ for Biologics Evaluation and Research: Stephen Ripley. Center for Food and Drug Administration, 10903 ifthere are 7301, Silver Spring, MD2 20993-0002, Purpose ofthe! Regulatory Action use ofs symbolsi inr medical device labeling withouts adjacente explanatory texti ifcertain requirements are met. The medical devicei industry hasr roquested thea ability to uses stand-alones symbols ond domestic devicel labeling. consistent witht theiro current useo on devices manufacturedi for Europeana ando other foreignr markets. Thef finair rules seeksto harmonizet thel U.S. devicel labeling requirements fors symbolsv with international such ast theN Medical regulatory Device requirements. 93/42/EECO ofthe! European Union (EU) (the European Medical Devicel Directive) and globala adoption ofI standard IECE 60417 and International Organization for 7000--1 -DB standard ISO used ofdevices symbolsi in numerous Summary oftheA Major Provisions existingr FDAL hasg regulations generally nott interpreted to allow theu use developedb bya standards development medical device! labeling without Act (FD&C Act)(21 U.S.C. 360d(c)) and specifications! foru useo oft thes symbols set  activity, an  airportr mayr requeste copy ofthe sponsor's! hangaru usep programs and  Issued in Washington. DC.ont thegthof Executives Summary  thisp policy allows Acting Director, Officeof Airport Compliance Thef finalr rulee explicitly permits the  andA  Analysis. 14-16:8:5 OF HEALTH AND  Fooda and Drug Administration [Docket No. FDA-2913-N-0125 RIN0910-AG74  Directive (ISO) thatg governt the  abilityt tor meat obligations associated AGENCY: Fooda and DrugA Administration, Electrotechnical Commission (IEC)  Administration (FDA ort the Agencylis foreign markets. mediçal devicea ando certain biological Regulatory Action in Question ofthe inclusion ofg graphiçal representations of ofsymbols ini medical devicel labeling.  explicitlys allowf fort theo optional rules also specifiest that the useof  a.Itise expectedt thata aeronautical information, ors symbols, in labeling excepty witha adjacent English- language facilitieso on an airporty willl be available (including! labels) withouts adjacent explanatory text and/or oni in vitro then normalo course ofairport business, document as" 'stand- alone symbols"if professional use. Under thef final rule, andt thati non-a aeronautical usesv willl be certain requirements arer met. Thef final symbolse establishedi inas standard b. Sponsors should! have ap programt to symbols, accompanied! by adjacent organization (SDO): may be usedin taken measurest toe eliminatea and prevent permitted. FDAI isa alsor revisingits adjacente explanatory textasl longa as:(2) c.Sponsors shoulde ensuret thatl length "Rxc only" or R only" int the! labeling ofthe Federal Food, Drug. and Cosmetic  purposesi in explanatory text (referredt toi int this diagnostic (VD) devicesi intendedf for useo of prescription devicel labeling regulations Thes standard isr recognized by FDA toallowt theu use ofthes symbols statement underi its authority unders section 514(c) DATES: Thisr rulei ise effective September thes symboli is useda accordingtothe  routinely monitor use ofh hangarsa and explanatoryt text continues tobe oftimec ona waiting listo oft thosei inn need for prescription devices.  13, 2016.  14