[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60467-60468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27420]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Opportunity for Public Comment on the Release of Deed 
Restrictions at the Yellowstone Airport, West Yellowstone, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Request to Release Deed Restrictions.

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SUMMARY: The FAA is considering a request from the State of Montana to 
release certain deed restrictions at the Yellowstone Airport, MT.

DATES: Comments must be received on or before January 19, 2018.

ADDRESSES: Comments on this application may be mailed or delivered to 
the FAA at the following address: Mr. William C. Garrison, Manager, 
Federal Aviation Administration, Northwest Mountain Region, Airports 
Division, Helena Airports District Office, 2725 Skyway Drive, Suite 2, 
Helena, Montana 59602.
    In addition, one copy of any comments submitted to the FAA must be 
mailed or delivered to Ms. Debbie Alke, Administrator, Montana 
Department of Transportation Aeronautics Division, at the following 
address: Ms. Debbie Alke, Administrator, Aeronautics Division, Montana 
Department of Transportation, P.O. Box 200507, Helena, MT 59620-0507.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Engebrecht, Civil Engineer/
Compliance Specialist, Federal Aviation Administration, Northwest 
Mountain Region, Helena Airports District Office, 2725 Skyway Drive, 
Suite 2, Helena, Montana 59602.
    The request to release deed restrictions may be reviewed, by 
appointment, in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the 
request to release deed restrictions at the Yellowstone Airport under 
the provisions of the Title 49, U.S.C. Section 47125.
    The FAA Modernization and Reform Act of 2012, HR 658, Section 817, 
gave the Secretary of Transportation the authorization to grant an 
airport, city, or county release from any of the terms, conditions, 
reservations, or restrictions contained in a deed under which the 
United States conveyed to the airport, city, or county an interest in 
real property for airport purposes pursuant to Section 16 of the 
Federal Airport Act (60 Stat. 179) or Section 23 of the Airport and 
Airway Development Act of 1970 (84 Stat. 232).
    Release of the deed restrictions at the Yellowstone Airport will 
allow the State of Montana the opportunity to consider additional 
revenue sources for maintaining and operating the airport.
    On October 25, 2017, the FAA determined that the request to release 
deed restrictions at the Yellowstone Airport submitted by the Montana 
Department of Transportation meets the procedural requirements of the 
Federal Aviation Administration. The FAA may approve the request, in 
whole or in part, after January 19, 2018.
    The following is a brief overview of the request:
    The Montana Department of Transportation is proposing the release 
of deed restrictions at the Yellowstone Airport from a Correction Deed 
issued on August 12, 1968. On October 7, 1963, a deed containing 
restrictions transferred the airport property from the United States to 
the State of Montana. The airport was built in 1963 as a cooperative 
effort between the United States Departments of the Interior and 
Agriculture, the Federal Aviation Administration (FAA), and the State 
of Montana. A subsequent Correction Deed (correcting the legal 
description) issued

[[Page 60468]]

on August 12, 1968 contains those same restrictions, under which the 
airport has operated for 50 years. In an effort to make the airport 
more economically viable, the State of Montana and the Montana 
Department of Transportation (MDT) request the following deed 
restrictions be removed:
     Deed Restriction 1. ``The State of Montana will use the 
lands herein conveyed for airport development.'': Requesting release of 
approximately 175 acres from this deed restriction in order to maintain 
financial viability by permitting possible development of these areas 
for non-airport development related purposes to generate new sources of 
income to operate and maintain the airport.
     Deed Restriction 6. ``That all facilities of the airport 
developed with Federal aid and all those useable for landing and take-
off of aircraft will be available at all times without charge for use 
by the Department of Agriculture and Interior in the conduct of its 
official business in common with other aircraft.'': Requesting release 
of all airport property from this deed restriction in order to maintain 
financial viability by being permitted to charge for substantial use by 
the Department of Agriculture and Department of Interior aircraft, in 
compliance with Grant Assurance 27.
     Deed Restriction 7. ``That no commercial overnight 
facilities, such a motels, hotels, or private residences will be 
constructed on the property herein conveyed.'': Requesting release of 
approximately 65 acres from this deed restriction in order to maintain 
financial viability by permitting possible development of commercial 
overnight facilities and generate new sources of income to operate and 
maintain the airport. MDT understands that residential development is 
non-compliant with its federal grant assurances and has no intention of 
allowing private residences to be constructed on airport property.
     Deed Restriction 8. ``That commercial advertising signs 
will be prohibited within the airport access road area.'': Requesting 
release of approximately 65 acres from this deed restriction in order 
to maintain financial viability by permitting possible development of 
commercial advertising signs within the airport access road area and 
generate new sources of income to operate and maintain the airport.
    If the deed restrictions are released, prior to moving forward with 
any associated non-aeronautical development, MDT understands it will 
still be required to: Obtain a release from federal obligation to 
change the designated use of the property from aeronautical to non-
aeronautical use, comply with National Environmental Policy Act (NEPA), 
and undergo an aeronautical study through the 7460-1 process.
    Any person may inspect, by appointment, the request in person at 
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon appointment and request, inspect 
the request to release deed restrictions and other documents germane to 
the request in person at the Yellowstone Airport.

    Issued in Helena, Montana, on December 7, 2017.
William C. Garrison,
Manager, Helena Airports District Office.
[FR Doc. 2017-27420 Filed 12-19-17; 8:45 am]
 BILLING CODE 4910-13-P


