II. Standards for Aeronautical Use of
Hangars
- Hangars located on airport property
must be used for an aeronautical purpose, or be available for use for one, unless otherwise approved by the FAA.
- Aeronautical uses for hangars
include:
Æ Storage of operational aircraft Æ Final assembly of aircraft Æ Short-term storage of non-operational aircraft for purposes of maintenance, repair, or refurbishment
- Provided the hangar is used
primarily for aeronautical purposes, an airport sponsor may permit limited, non-aeronautical items to be stored in hangars provided the items are incidental to aeronautical use of the hangar and occupy an insignificant amount of hangar space (e.g., a small refrigerator). The incidental storage of non-aeronautical items will be considered to be of de minimis value for the purpose of assessing rent.
- Generally, items are considered
incidental if they:
Æ Do not interfere with the aeronautical use of the hangar; Æ Do not displace the aeronautical contents of the hangar; Æ Do not impede access to aircraft or other aeronautical contents of the hangar; Æ Do not require a larger hangar than would otherwise be necessary if such items were not present; Æ Occupy an insignificant amount of hangar space; Æ Are owned by the hangar owner or tenant; Æ Are not used for non-aeronautical commercial purposes (i.e., the tenant is not conducting a non-aeronautical business from the hangar including storing inventory); Æ Are not stored in violation of airport rules and regulations.
- Hangars should be leased with
consideration of the size and quantity of aircraft to be stored therein. To maximize the availability of hangars for all aeronautical users, sponsors should avoid leasing a hangar that is disproportionately large for the aircraft to be stored in the hangar (i.e., hangars built to store multiple aircraft should be used for multiple aircraft storage).
- Hangars must not be used as a
residence. The FAA differentiates between a typical pilot resting facility or aircrew quarters versus a hangar residence or hangar home. The former are designed to be used for overnight and/or resting periods for aircrew, and not as a permanent or even temporary residence. See FAA Order 5190.6B, Paragraph 20.5.b.
- This policy on hangar use applies
regardless of whether the hangar occupant leases the hangar from the airport sponsor or developer, or the hangar occupant constructed the hangar at their own expense and holds a ground lease only. When designated aeronautical land is made available for construction of hangars, the hangars built on the land will be fully subject to the sponsor’s obligations to use aeronautical facilities for aeronautical use.
III. Approval for Non-Aeronautical Use
of Hangars
Where hangars are unoccupied and there is no current aviation demand for hangar space, the airport sponsor may request that FAA approve an interim use of a hangar for non-aeronautical purposes for a period no more than five years. Interim leases of unused hangars can generate revenue for the airport and prevent deterioration of facilities. FAA will review the request in accordance with Order 5190.6B, ¶ 22.6. Approved interim or concurrent revenueproduction uses must not interfere with safe and efficient airport operations and sponsors should only agree to lease terms that allow the hangars to be recovered on short notice for aeronautical purposes. The airport sponsor is required to charge non-aeronautical fair market rental fees for the non-aeronautical use of airport property, even on an interim basis. (See Policies and Procedures Concerning Airport Revenue, § VII.C.)
IV. No Right to Non-Aeronautical Use
In the context of enforcement of the grant assurances, this policy allows some incidental storage of nonaeronautical items in hangars. However, the policy neither creates nor constitutes a right to store nonaeronautical items in hangars. Airport sponsors may restrict or prohibit storage of non-aeronautical items. Sponsors should consider factors such as emergency access, fire codes, security, insurance, and the impact of vehicular traffic on their surface areas when enacting rules regarding hangar storage. In some cases, permitting certain incidental non-aeronautical items in hangars could inhibit the sponsor’s ability to meet obligations associated with grant assurance 19, Operations and Maintenance. Sponsors should ensure that taxiways and runways are not used for the vehicular transport of such items to or from the hangars.
V. Sponsor Compliance Actions
It is expected that aeronautical facilities on an airport will be available and used for aeronautical purposes in the normal course of airport business, and that non-aeronautical uses will be the exception. Sponsors should have a program to routinely monitor use of hangars and take measures to eliminate and prevent unapproved nonaeronautical use of hangars. Sponsors should ensure that length of time on a waiting list of those legitimately in need of a hangar for aircraft storage is minimized. Sponsors should also consider incorporating provisions in airport leases, including aeronautical leases, to adjust rental rates to FMV for any non-incidental non-aeronautical use of the leased facilities. FAA personnel conducting a land use or compliance inspection of an airport may request a copy of the sponsor’s hangar use program and evidence that the sponsor has limited hangars to aviation use. Issued in Washington, DC, on July 15, 2014. Randall S. Fiertz, Director, Office of Airport Compliance and Management Analysis. [FR Doc. 2014–17031 Filed 7–21–14; 8:45 am] BILLING CODE P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 RIN 1506–AB27 Imposition of Special Measure Against FBME Bank Ltd., Formerly Known as Federal Bank of the Middle East, Ltd., as a Financial Institution of Primary Money Laundering Concern AGENCY: Financial Crimes Enforcement Network (‘‘FinCEN’’), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: In a finding, notice of which is published elsewhere in this issue of the Federal Register (‘‘Notice of Finding’’), the Director of FinCEN found that FBME Bank Ltd. (‘‘FBME’’), formerly known as Federal Bank of the Middle East, Ltd., is a financial institution operating outside of the United States that is of primary money laundering concern. FinCEN is issuing this notice of proposed rulemaking (‘‘NPRM’’) to propose the imposition of a special measure against FBME. DATES: Written comments on this NPRM must be submitted on or before September 22, 2014. ADDRESSES: You may submit comments, identified by 1506–AB27, by any of the following methods: