- Prior to this proposed policy, there was no comprehensive FAA hangar use policy.
- The only official materials for appropriate hangar use guidance were legal decisions, legal interpretations, and letters to various parties in response to specific inquiries.
- Letters and legal interpretations, which are FAA responses to specific cases, were often erroneously understood to be general FAA policy.
- EAA supports the FAA’s creation of a hangar use policy because it helps eliminate confusion about appropriate hangar use for the aviation community.
- Homebuilding in hangars at federally obligated airports was never before a protected aeronautical activity. The FAA’s proposed policy states: “Final, active assembly of an aircraft in the manufacturing or homebuilt construction process, resulting in a completed, operational aircraft requiring access to the airfield, is considered an aeronautical activity for the purposes of this policy.”
- Protected aeronautical activities are those activities that airport sponsors must allow at their airports as a condition of accepting federal grant money.
- This proposed policy marks the first time the FAA states that any stage of homebuilding as a protected activity, i.e. airport sponsors may not discriminate against it.
- Many homebuilders may have erroneously believed aircraft construction already was a protected aeronautical activity simply because their local airport officials had allowed it.
- EAA does not agree that “final assembly of an aircraft” is the only stage of homebuilding qualifies as “aeronautical use.” EAA believes that ALL active aircraft construction for education and recreation should be a protected aeronautical activity.
- The FAA’s proposed policy allows some incidental storage of non-aeronautical items.
- In a widely circulated letter, the FAA stated that “household items that do not have aeronautical purposes” and “recreational/playground equipment” such as golf clubs or fishing equipment may not be stored in hangars.
- The proposed policy, on the other hand, allows that if the hangar is serving an aeronautical service, then “incidental storage of non-aviation items that does not interfere with the primary purpose of the hangar and occupies an insignificant amount of physical hangar space will not be considered to constitute a violation of the grant assurances.”
- EAA agrees that incidental storage of non-aeronautical items should not constitute a violation of grant assurances. EAA believes that if the hangar is used for an aeronautical purpose then personal, social, and decorative items that do not detract from the primary aeronautical purpose of the hangar should be permitted.
- Airport leases and uses are often subject to local ordinances and codes. Hangar renters should always thoroughly read and understand their leases prior to signing.
- EAA members are encouraged to submit comments to the FAA before the September 5 deadline.