[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 35104-35105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14157]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Request To Release Airport Property at Merrill Field 
Airport, Anchorage, AK

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of intent to release airport property.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a 
proposal to authorize the release of approximately 3.37 acres of 
Merrill Field Airport (MRI) property located in Anchorage, Alaska. Said 
property will be replaced with 4.6 acres of land located adjacent to 
the east and north boundaries of the existing Airport.

DATES: Comments must be received on or before July 16, 2012.

ADDRESSES: Send comments on this document to Gabriel Mahns, Compliance 
Officer, Federal Aviation Administration, Alaska Region Airports 
Division, 222 W. 7th Avenue, 14, Anchorage, AK 99513-7587. In 
addition, one copy of any comments submitted to the FAA must be mailed 
or delivered to: Michelle Colby, Real Estate Services Manager, DOWL 
HKM, 4041 B Street, Anchorage, AK 99503.

FOR FURTHER INFORMATION CONTACT: Mr. Gabriel Mahns, Compliance Officer, 
Federal Aviation Administration, Alaska Region Airports Division, 222 
W. 7th Avenue, 14, Anchorage, AK 99513-7587, telephone 907-
271-3665, email [email protected] or Michelle Colby, Real Estate 
Services Manager, DOWL HKM, 4041 B Street, Anchorage, AK 99503, 
telephone 907-562-2000, email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On May 15, 2009, the State of Alaska, Department of Transportation 
and Public Facilities (DOT&PF) presented an official purchase offer to 
the Municipality of Anchorage (MOA) for the referenced 3.37 acres of 
MRI and other Municipal lands along with a proposal to provide for a 
``Functional Replacement'' of MRI lands in accordance with Title 23, 
Part 710.509 of the Code of Federal Regulations and Section 6.13 of the 
State of Alaska Right of Way Manual. This purchase offer was predicated 
on DOT&PF's need for additional right of way to construct improvements 
to the Glenn Highway adjacent to MRI in conjunction with the State of 
Alaska project known as the Glenn Highway, Gambell Street to Airport 
Heights Reconstruction Project (IM-OA1-6(35)/58800).
    Per the terms of the proposed exchange, the MOA MRI will dispose of 
approximately 3.37 acres of land and will receive title to 
approximately 4.6 acres in exchange as well as monetary compensation in 
the amount of $4,500,000. On June 2, 2009 and June 19, 2009, authorized 
representatives of the MOA and the DOT&PF executed a Land Exchange 
Agreement that set forth the terms of the purchase and exchange. On 
June 22, 2010, the Anchorage Assembly passed Assembly Ordinance No. 
2010-49 which authorized the disposal of MOA lands and the acceptance 
of the offered additional monetary compensation amount of four million 
five hundred thousand dollars ($4,500,000).
    A portion of the lands to be released and then disposed from MRI, 
containing approximately 8,986 square feet (SF) or 0.206 acres, was 
purchased for inclusion into MRI utilizing FAA Airport Improvement 
(AIP) Funds. Said lands, described as a portion of Lot One of the East 
Fifth Avenue Subdivision, according to Plat 68-20, Anchorage Recording 
District (ARD), Third Judicial District, State of Alaska, were acquired 
in December of 1992 under AIP No. 3-02-0015-16. In 1997, the lands 
within the area to be disposed and the remainder of Lot One were 
replatted with additional lands into Tract C-1 of Merrill Field Replat 
Addition No. 4, according to Plat 97-26, ARD.
    In accordance with Title 49 of the United States Code (U.S.C.), 
Section 47107(h)(2), this notice is required to be published in the 
Federal Register 30 days before modifying the land-use assurance that 
requires the property described immediately above to be used for an 
aeronautical purpose. Other portions of the lands to be disposed from 
MRI, containing a combined area of 37,950 SF or 0.871 acres, were 
originally conveyed from the United States of America to the City of 
Anchorage in 1958 under the authority of Section 16 of the 1946 Federal 
Airport Act (60 Stat. 179; 49 U.S.C. 1115). Said lands were a portion 
of the lands within Tracts 22 and 24 of the Fourth Addition to the 
Townsite of Anchorage, as shown on the Plat of U.S. Survey No. 1456, 
accepted June 13, 1923, on file in the Bureau of Land Management, 
Department of the Interior.
    Pursuant to section 16 of the Act, the conveyance of said lands was 
subject to a provision that the lands conveyed would revert to the U.S. 
in the event that they are not developed or cease be used for airport 
purposes. Per the terms of the Land Exchange Agreement, these lands 
will cease to be used for airport purposes once conveyed; however, 
since the function of said land is being replaced via the exchange, the 
FAA has determined that the reversionary provision of the Section 16 
conveyance will be satisfied by their concurrence to the exchange. In 
regards to the proposed change in use of said lands, the FAA has 
determined that the proposed change should also be published for 
comment

[[Page 35105]]

via this notice before modification of the use provision.
    The remaining 2.293 acres of MRI lands to be disposed are not 
subject to specific FAA public notice requirements; however, since 
these lands have historically been depicted on the MRI FAA-approved 
Airport Layout Plan, the airport is being compensated for the fair 
market value of the airport lands and infrastructure that are being 
purchased by the DOT&PF and that the lands are being replaced in ``like 
kind''. Upon the transfer of the replacement 4.6 acres, the 
aforementioned lands will no longer be needed for aeronautical use. 
There are no impacts to the airport by allowing the disposal of the 
property. A categorical exclusion for this project was prepared by HDR 
Alaska on behalf of the DOT&PF, issued August 19, 2005, and approved by 
the Federal Highway Administration, Department of Transportation, on 
August 22, 2005.
    The following are legal descriptions of the property proposed to be 
release at the Merrill Field Airport: That portion of Lot One of the 
East Fifth Avenue Subdivision, according to Plat 68-20, Anchorage 
Recording District, Third Judicial District, State of Alaska, 
containing approximately 8,986 SF or 0.206 acres, more or less, which 
is now known as a portion of Tract C-1 of Merrill Field Replat Addition 
No. 4, according to Plat 97-26, filed in the Anchorage Recording 
District, Third Judicial District, State of Alaska, and also designated 
as a portion of Parcel No. 19 which lies adjacent to the right of way 
lines of Project No. IM-0A1-6(35)/58800; and Portions of Tracts 22 and 
24 of the Fourth Addition to the Townsite of Anchorage, as shown on the 
Plat of U.S. Survey No. 1456, accepted June 13, 1923, on file in the 
Bureau of Land Management, Department of the Interior, containing 
combined area of 37,950 SF or 0.871 acres, more or less, which are now 
known as portions of Tract 5, Merrill Field Replat, according to Plat 
85-23, filed in the Anchorage Recording District, Third Judicial 
District, State of Alaska, and also designated as portions of Parcel 
No. 22 which lies adjacent to the right of way lines of Project No. IM-
0A1-6(35)/58800.

    Issued in Anchorage, Alaska, on June 6, 2012.
Byron K. Huffman,
Division Manager, FAA, Alaskan Region.
[FR Doc. 2012-14157 Filed 6-11-12; 8:45 am]
BILLING CODE 4910-13-P