Airport Improvement Program Grant Assurances; Notice of Modifications, 15980-15982 [05-6072]
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15980
Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Notices
[FR Doc. 05–6144 Filed 3–28–05; 8:45 am]
BILLING CODE 3190–W5–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection Activity
Under OMB Review
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Request (ICR) abstracted
below has been forwarded to the Office
of Management and Budget (OMB) for
extension of the currently approved
collection. The ICR describes the nature
of the information collection and the
expected burden. The Federal Register
notice with a 60-day comment period
soliciting comments on the following
collection of information was published
on December 24, 2004 on page 78520.
DATES: Comments must be submitted on
or before April 28, 2005. A comment to
OMB is most effective if OMB receives
it within 30 days of publication.
FOR FURTHER INFORMATION CONTACT: Judy
Street on (202) 267–9895.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Dealer’s Aircraft Registration
Application.
Type of Request: Extension of a
currently approved collection.
OMB Control Number: 2120–0024.
Forms(s): AC Form 8050–5.
Affected Public: An estimated total of
2,740 aircraft dealers.
Abstract: AC Form 8050–5 is an
application for a dealer’s Aircraft
Registration Certificate which, under 49
USC, 1404, may be issued to a person
engaged in manufacturing, distributing,
or selling aircraft. Information received
enables the Civil Aviation registry to
determine eligibility of an applicant to
receive a Dealer’s Certificate.
Estimated Annual Burden Hours: An
estimated 2,055 hours annually.
ADDRESSES: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention FAA
Desk Officer.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
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have practical utility; the accuracy of
the Department’s estimates of the
burden of the proposed information
collection; ways to enhance the quality,
utility and clarity of the information to
be collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued in Washington, DC, on March 22,
2005.
Judith D. Street,
FAA Information Collection Clearance
Officer, Standards and Information Division,
APF–100.
[FR Doc. 05–6068 Filed 3–28–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Airport Improvement Program Grant
Assurances; Notice of Modifications
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice to modify Airport
Improvement Program Grant Assurances
on an interim basis.
AGENCY:
SUMMARY: In issuing this notice, the
FAA incorporates, on an interim basis;
two new assurances to the standard
grant assurances that are required of a
sponsor before receiving a grant under
the Airport Improvement Program (AIP).
Also, the FAA is modifying another
grant assurance. Pursuant to applicable
law, the Secretary of Transportation is
required to provide notice in the
Federal Register of, and to provide an
opportunity for public comment on,
proposals to modify the assurances and
on proposals for additional AIR
assurances.
A notice of modification of Airport
Improvement Program grant assurances
and of the opportunity to comment was
published in the Federal Register/Vol.
69, No. 163/Tuesday, August 24, 2004
on page 52057. The existing AIP grant
assurances are being amended here for
two reasons: To add two new assurances
as required by Vision 100—Century of
Aviation Reauthorization Act, (Pub. L.
108–176) and to modify an existing
assurance.
The August 24 notice proposed, in
addition to these new assurances to
restructure the grant assurances to better
reflect existing law. FAA also invited
comments on all of the assurances for
proposed changes or for possible
recommendations to propose changes to
existing statute. FAA is committed to
this larger project and wishes to give
PO 00000
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Fmt 4703
Sfmt 4703
full considerations to the comments
received. At the same time, FAA is
obligated to implement changes to law
as timely as possible. Therefore, this
notice is issued to implement the law
with respect to the new assurances and
the modified assurance while the larger
project is being considered.
DATES: These modifications to the
existing Grant Assurances will be
adopted as of the date of publication in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr.
Kendall Ball, Airport Improvement
Program Branch, Airports Financial
Assistance Division, APP 520, Room
619, FAA, 800 Independence Avenue,
SW., Washington, DC 20591, Telephone
(202) 267–7436.
SUPPLEMENTARY INFORMATION: The
Secretary must receive certain
assurances from a sponsor (applicant)
seeking financial assistance for airport
planning, airport development, noise
compatibility planning or noise
mitigation under title 49, U.S.C., as
amended. These assurances are
submitted as part of a sponsor’s
application for Federal assistance and
are incorporated into all grant
agreements. As need dictates, these
assurances are modified to reflect new
Federal requirements. Notice of such
proposed modifications was published
in the Federal Register and an
opportunity was provided for comment
by the public.
The current assurances were
published on February 3, 1988, at 53 FR
3104 and amended on September 6,
1988, at FR 34361, on August 29, 1999,
at 54 FR 35748 on June 10, 1994 at 59
FR 30076, on January 4, 1995, at 60 FR
521, on June 2, 1997, at 62 FR 29761 on
August 18, 1999, at 64 FR 45008, and on
August 24, at 69 FR 163.
Discussion of Comments Received in
Response to the Notice of Modification
of Airport Improvement Grant
Assurances
On August 24, 2004, the Federal
Aviation Administration published in
the Federal Register (69 FR 52057)
modifications to the Airport
Improvement Program grant assurances.
The agency asked for public comment
by September 23, 2004. On September
17, 2004 a notice was published in the
Federal Register (69 FR 56112)
extending the comment period until
November 8, 2004.
The FAA received comments from 14
respondents on the notice of proposed
modifications of the grant assurances.
One of the 14 respondents comments
were received following the close of the
comment period on November 8.
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Notices
Although one was technically late, the
FAA has decided to consider all
comments. However, this discussion of
comments will be limited here to only
those comments received pertaining to
the two new assurances being added to
the existing assurances and the
assurance being amended.
National Air Transportation (NATA)
recommended the new Hangar
Construction assurance define the
duration of a ‘‘long-term’’ lease. NATA
believes that as the assurance is
currently written it leaves the length
entirely up to the subjective nature of
whoever is writing the lease. The
Airports Council International—North
America (ACI–NA) in its comment,
however, recommended that the FAA
avoid defining the meaning of ‘‘long
term’’ at this time. FAA agrees with the
ACI–NA since it believes the airport
Sponsor is better prepared to negotiate
the limits of the lease to best suit the
circumstances of each individual
project. FAA in its enforcement of this
assurance will take into account the
specific circumstances involved. Thus,
the wording will be adopted as
proposed by FAA.
The Wayne County Airport Authority
stated the hangar construction assurance
is an unwarranted intrusion by the
federal government into detailed
landlord-tenant matters best left to the
business judgment of airports. The
Sacramento County Airport System
(SCAS) stated they are unclear as to the
purpose of the new assurance and that
it should be deleted. Deletion of this
assurance will require statutory action
and the FAA will consider whether to
recommend this change at the
appropriate time. In the interim, FAA is
obligated to implement statutory
requirements and will retain the
proposed assurance to meet legislative
requirements.
The Cincinnati/Northern Kentucky
International Airport (CVG) commented
on the competitive access assurance
stating the FAA should take the
opportunity to more efficiently use
resources if, in connection with the
notice, the FAA made a determination
of whether an update to a previously
approved competition plan was
warranted rather than the current policy
which is to automatically require every
medium and large hub airport to submit
an update every eighteen (18) months.
Subsequent to the receipt of this
comment on September 30, FAA issued
guidance in the form of a program
guidance letter that identified
circumstances in which updates would
be required. In program guidance letter
04–08 Requirement for Airline
Competition Plan, (September 30, 2004)
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the FAA amended policy to no longer
require periodic written plan updates
unless special conditions arise. The
reader is referred to program guidance
letter 04–08 for the full text on the
competition plan initiative. The FAA
believes that there is no need to alter the
wording of the proposed assurance and
is adopting it without change. ACI—NA
requested the FAA to support an
amendment to delete this statutory
requirement as an unnecessary
infringement on an airport’s proprietary
rights. In the interim ACI—NA urges the
FAA not to over-define ‘‘unable to
accommodate’’ a request by an air
carrier. ACI—NA requests the assurance
should state that an airport does not
have to report an incident in which a
carrier is denied access because the
carrier is unwilling to pay the stated
rental or other rate for the facility, or
where a carrier has not given the airport
a commercially reasonable period of
time to prepare facilities for that carrier.
John Wayne Airport (SNA) filed a
comment concerning the new
competitive access assurance. SNA is
concerned with the burdensome and
duplicative nature of the reporting
requirements and more importantly
because this assurance could create a
situation where federal agencies could
be demanding that SNA find some
means to accommodate new entrants or
an increase in service by incumbent
carriers where SNA has no practical
ability to comply with the request. In
the SNA summary they request SNA
and other airports in a similar regulatory
environment be exempt from the
competitive access reporting
requirements. The assurance as
proposed contains a notice requirement
only and does not address possible
future action on the part of the
Department of Transportation (DOT) or
FAA. DOT and FAA will consider
extenuating circumstances on a case-bycase basis and it would be inappropriate
to exempt airports from the notice
requirement in advance of considering
all of the relevant information that may
be provided with a notice as required
under the assurance. Therefore, the FAA
will retain the original proposed
language of the assurance.
The American Association of Airport
Executives (AAAE) stated in their letter
they had provided testimony in
opposition to the requirements of this
provision. AAAE requests the FAA
consider a legislative recommendation
to Congress to eliminate the requirement
for competition plans. FAA will
consider this comment as it is
formulating a future legislative
proposal. In the meantime, FAA must
retain the assurance.
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15981
The Sacramento County Airport
System (SCAS) suggests that if the
competitive access assurance is retained
it should be supplemented with
language that would state all reports
shall be made readily available
electronically to the public upon receipt
by the FAA. FAA will consider this
request as part of the ongoing review of
the assurances referenced above. In the
meantime, FAA will retain the original
proposed language of the assurance.
Finally, FAA proposed to add
language to assurance 31, Disposal of
Land, to comply with a change made by
Pub. L. 108–176 that permits that
disposal proceeds for land purchased
for noise purposes may be used to
acquire commercial properties affected
by the purchase of the land. Since there
were no comments on this proposed
addition, FAA is adopting the proposed
wording.
Discussion of Modifications
FAA uses three separate sets of
standard assurances: Airport Sponsors
(owners/operators); Planning Agency
sponsors; and Non-Airport Sponsors
Undertaking Noise Compatibility
Program Projects (hereinafter referred to
as Non-Airport Sponsor Assurances).
FAA is modifying only the Airport
Sponsor assurances currently in effect to
incorporate the below-noted changes,
except with respect to assurance 31, as
explained below.
The following changes affect only the
Airport Sponsor Assurances and are
being added:
(a) New Assurance 38, ‘‘Hangar
Construction’’ is being added to comply
with recently enacted Public Law 108–
76. Assurance 38 shall read:
38. Hangar Construction. If the airport
owner or operator and a person who
owns an aircraft agree that a hangar is
to be constructed at the airport for the
aircraft at the aircraft owner’s expense,
the airport owner or operator will grant
to the aircraft owner for the hangar a
long term lease that is subject to such
terms and conditions on the hangar as
the airport owner or operator may
impose.
(b) New Assurance 39, ‘‘Competitive
Access’’ is being added to comply with
recently enacted Public Law 108–76.
Assurance 39 shall read:
39. Competitive Access.
(a) If the airport owner or operator of
a medium or large hub airport (as
defined in section 47102 of title 49,
U.S.C.) has been unable to accommodate
one or more requests by an air carrier for
access to gates or other facilities at that
airport in order to allow the air carrier
to provide service to the airport or to
expand service at the airport, the airport
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Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Notices
owner or operator shall transmit a report
to the Secretary that—
1. Describes the requests;
2. Provides an explanation as to why
the requests could not be
accommodated; and
3. Provides a time frame within
which, if any, the airport will be able to
accommodate the requests.
(b) Such report shall be due on either
February 1 or August 1 of each year if
the airport has been unable to
accommodate the request(s) in the six
month period prior to the applicable
due date.
Discussion of Modification of an
Existing Assurance
Existing Assurance 31 is being
modified to comply with recently
enacted Public Law 108–76. Both the
Airport Sponsor Assurances and the
Non-Airport Sponsor Assurances are
being modified with this legislation.
The legislation now allows the proceeds
from the sale of land no longer needed
for noise compatibility purposes to be
used for the purchase of non-residential
buildings or property in the vicinity of
residential buildings or property
previously purchased by the airport as
part of a noise compatibility program.
Assurance 31 shall now read in its
entirety:
31. Disposal of Land
(a) For land purchased under a grant
for airport noise compatibility purposes,
it will dispose of the land when the land
is no longer needed for such purposes
at fair market value at the earliest
practicable time. That portion of the
proceeds or such disposition which is
proportionate to the United States’ share
of acquisition of such land will, at the
discretion of the Secretary, (1) Be paid
to the Secretary for deposit in the Trust
Fund, or (2) be reinvested in an
approved noise compatibility project, as
prescribed by the Secretary, including
the purchase of nonresidential buildings
or property in the vicinity of residential
buildings or property previously
purchased by the airport as part of a
noise compatibility program.
(b) For land purchased under a grant
for airport development purposes (other
than noise compatibility), it will, when
the land is no longer needed for airport
purposes, dispose of such land at fair
market value or make available to the
Secretary an amount equal to the United
States’ proportionate share of the fair
market value of the land. That portion
of the proceeds of such disposition
which is proportionate to the United
States’ share of the cost of acquisition of
such land will, (a) Upon application to
the Secretary, be reinvested in another
eligible airport improvement project or
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17:01 Mar 28, 2005
Jkt 205001
projects approved by the Secretary at
that airport or within the national
airport system, or (b) be paid to the
Secretary for deposit in the Trust Fund
if no eligible project exists.
(c) Land shall be considered to be
needed for airport purposes under this
assurance if (a) It may be needed for
aeronautical purposes (including
runway or within the national airport
system, or (b) be paid to the Secretary
for deposit in the Trust Fund if no
eligible project exists.
(d) Land shall be considered to be
needed for airport purposes under this
assurance if (a) It may be needed for
aeronautical purposes (including
runway protection zones) or serve as
noise buffer land, and (b) the revenue
from interim uses of such land
contributes to the financial selfsufficiency of the airport. Further, land
purchased with a grant received by an
airport operator or owner before
December 31, 1987, will be considered
to be needed for airport purposes if the
Secretary or Federal agency making
such grant before December 31, 1987,
was notified by the operator or owner of
the uses of such land, did not object to
such use, and the land continues to be
used for that purpose, such use having
commenced no later than December 15,
1989.
(e) Disposition of such land under (a),
(b), or (c) will be subject to the retention
or reservation of any interest or right
therein necessary to ensure that such
land will only be used for purposes
which are compatible with noise levels
and safety associated with operation of
the airport.
Upon acceptance of the AIP grant by
an airport sponsor, the assurances
become a contractual obligation
between the airport sponsor and the
Federal government.
Dated: Issued in Washington, DC on
February 18, 2005.
Dennis E. Roberts,
Director, Office of Airport Planning and
Programming.
[FR Doc. 05–6072 Filed 3–28–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Change Notice for RTCA Program
Management Committee
Federal Aviation
Administration (FAA), DOT.
AGENCY:
Notice of RTCA Program
Management Committee meeting.
ACTION:
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Fmt 4703
Sfmt 4703
SUMMARY: The FAA is issuing this notice
to advise the public of a meeting of the
RTCA Program Management Committee.
DATES: The meeting will be held April
7, 2005 starting at 9 a.m.
ADDRESSES: The meeting will be held at
RTCA, Inc., 1828 L Street, NW., Suite
805, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
RTCA Secretariat, 1828 L Street, NW.,
Suite 850, Washington, DC 20036;
telephone (202) 833–9339; fax (202)
833–9434; Web site https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., Appendix 2), notice is
hereby given for a Program Management
Committee meeting. The revised agenda
will include:
• April 7:
• Opening Session (Welcome and
Introductory Remarks, Review/Approve
Summary of a Previous Meeting).
• Publication Consideration/
Approval:
• Final Draft, Revised DO–286,
Minimum Aviation System Performance
Standards (MASPS) for Traffic
Information Service—Broadcast (TIS–B)
RTCA Paper No. 034–05/PMC–385,
prepared by SC–186.
• Final Draft, Revised DO–258,
Interoperability Requirements for ATS
Applications Using ARINC 622 Data
Communications, RTCA Paper No. 035–
05/PMC–386, prepared by SC–189.
• Final Draft, Revised D246B, GNSS
Based Precision Approach Local Area
Augmentation System (LAAS)—Signalin-Space interface Control Document
(ICD), RTCA Paper No. 039–05/PMC–
388, prepared by SC–159.
• Discussion:
• Airport Security Access Control
Systems—Possible new Special
Committee.
• Special Committee Chairman’s
Reports.
• Action Item Review:
• Review/Status–All open action
items.
• Closing Session (Other Business,
Document Production, Date and Place of
Next Meeting, Adjourn.
Attendance is open to the interested
public but limited to space availability.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. Members of the public
may present a written statement to the
committee at any time.
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]]>Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Notices]
[Pages 15980-15982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6072]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Airport Improvement Program Grant Assurances; Notice of
Modifications
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice to modify Airport Improvement Program Grant Assurances
on an interim basis.
-----------------------------------------------------------------------
SUMMARY: In issuing this notice, the FAA incorporates, on an interim
basis; two new assurances to the standard grant assurances that are
required of a sponsor before receiving a grant under the Airport
Improvement Program (AIP). Also, the FAA is modifying another grant
assurance. Pursuant to applicable law, the Secretary of Transportation
is required to provide notice in the Federal Register of, and to
provide an opportunity for public comment on, proposals to modify the
assurances and on proposals for additional AIR assurances.
A notice of modification of Airport Improvement Program grant
assurances and of the opportunity to comment was published in the
Federal Register/Vol. 69, No. 163/Tuesday, August 24, 2004 on page
52057. The existing AIP grant assurances are being amended here for two
reasons: To add two new assurances as required by Vision 100--Century
of Aviation Reauthorization Act, (Pub. L. 108-176) and to modify an
existing assurance.
The August 24 notice proposed, in addition to these new assurances
to restructure the grant assurances to better reflect existing law. FAA
also invited comments on all of the assurances for proposed changes or
for possible recommendations to propose changes to existing statute.
FAA is committed to this larger project and wishes to give full
considerations to the comments received. At the same time, FAA is
obligated to implement changes to law as timely as possible. Therefore,
this notice is issued to implement the law with respect to the new
assurances and the modified assurance while the larger project is being
considered.
DATES: These modifications to the existing Grant Assurances will be
adopted as of the date of publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr. Kendall Ball, Airport Improvement
Program Branch, Airports Financial Assistance Division, APP 520, Room
619, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone
(202) 267-7436.
SUPPLEMENTARY INFORMATION: The Secretary must receive certain
assurances from a sponsor (applicant) seeking financial assistance for
airport planning, airport development, noise compatibility planning or
noise mitigation under title 49, U.S.C., as amended. These assurances
are submitted as part of a sponsor's application for Federal assistance
and are incorporated into all grant agreements. As need dictates, these
assurances are modified to reflect new Federal requirements. Notice of
such proposed modifications was published in the Federal Register and
an opportunity was provided for comment by the public.
The current assurances were published on February 3, 1988, at 53 FR
3104 and amended on September 6, 1988, at FR 34361, on August 29, 1999,
at 54 FR 35748 on June 10, 1994 at 59 FR 30076, on January 4, 1995, at
60 FR 521, on June 2, 1997, at 62 FR 29761 on August 18, 1999, at 64 FR
45008, and on August 24, at 69 FR 163.
Discussion of Comments Received in Response to the Notice of
Modification of Airport Improvement Grant Assurances
On August 24, 2004, the Federal Aviation Administration published
in the Federal Register (69 FR 52057) modifications to the Airport
Improvement Program grant assurances. The agency asked for public
comment by September 23, 2004. On September 17, 2004 a notice was
published in the Federal Register (69 FR 56112) extending the comment
period until November 8, 2004.
The FAA received comments from 14 respondents on the notice of
proposed modifications of the grant assurances. One of the 14
respondents comments were received following the close of the comment
period on November 8.
[[Page 15981]]
Although one was technically late, the FAA has decided to consider all
comments. However, this discussion of comments will be limited here to
only those comments received pertaining to the two new assurances being
added to the existing assurances and the assurance being amended.
National Air Transportation (NATA) recommended the new Hangar
Construction assurance define the duration of a ``long-term'' lease.
NATA believes that as the assurance is currently written it leaves the
length entirely up to the subjective nature of whoever is writing the
lease. The Airports Council International--North America (ACI-NA) in
its comment, however, recommended that the FAA avoid defining the
meaning of ``long term'' at this time. FAA agrees with the ACI-NA since
it believes the airport Sponsor is better prepared to negotiate the
limits of the lease to best suit the circumstances of each individual
project. FAA in its enforcement of this assurance will take into
account the specific circumstances involved. Thus, the wording will be
adopted as proposed by FAA.
The Wayne County Airport Authority stated the hangar construction
assurance is an unwarranted intrusion by the federal government into
detailed landlord-tenant matters best left to the business judgment of
airports. The Sacramento County Airport System (SCAS) stated they are
unclear as to the purpose of the new assurance and that it should be
deleted. Deletion of this assurance will require statutory action and
the FAA will consider whether to recommend this change at the
appropriate time. In the interim, FAA is obligated to implement
statutory requirements and will retain the proposed assurance to meet
legislative requirements.
The Cincinnati/Northern Kentucky International Airport (CVG)
commented on the competitive access assurance stating the FAA should
take the opportunity to more efficiently use resources if, in
connection with the notice, the FAA made a determination of whether an
update to a previously approved competition plan was warranted rather
than the current policy which is to automatically require every medium
and large hub airport to submit an update every eighteen (18) months.
Subsequent to the receipt of this comment on September 30, FAA issued
guidance in the form of a program guidance letter that identified
circumstances in which updates would be required. In program guidance
letter 04-08 Requirement for Airline Competition Plan, (September 30,
2004) the FAA amended policy to no longer require periodic written plan
updates unless special conditions arise. The reader is referred to
program guidance letter 04-08 for the full text on the competition plan
initiative. The FAA believes that there is no need to alter the wording
of the proposed assurance and is adopting it without change. ACI--NA
requested the FAA to support an amendment to delete this statutory
requirement as an unnecessary infringement on an airport's proprietary
rights. In the interim ACI--NA urges the FAA not to over-define
``unable to accommodate'' a request by an air carrier. ACI--NA requests
the assurance should state that an airport does not have to report an
incident in which a carrier is denied access because the carrier is
unwilling to pay the stated rental or other rate for the facility, or
where a carrier has not given the airport a commercially reasonable
period of time to prepare facilities for that carrier.
John Wayne Airport (SNA) filed a comment concerning the new
competitive access assurance. SNA is concerned with the burdensome and
duplicative nature of the reporting requirements and more importantly
because this assurance could create a situation where federal agencies
could be demanding that SNA find some means to accommodate new entrants
or an increase in service by incumbent carriers where SNA has no
practical ability to comply with the request. In the SNA summary they
request SNA and other airports in a similar regulatory environment be
exempt from the competitive access reporting requirements. The
assurance as proposed contains a notice requirement only and does not
address possible future action on the part of the Department of
Transportation (DOT) or FAA. DOT and FAA will consider extenuating
circumstances on a case-by-case basis and it would be inappropriate to
exempt airports from the notice requirement in advance of considering
all of the relevant information that may be provided with a notice as
required under the assurance. Therefore, the FAA will retain the
original proposed language of the assurance.
The American Association of Airport Executives (AAAE) stated in
their letter they had provided testimony in opposition to the
requirements of this provision. AAAE requests the FAA consider a
legislative recommendation to Congress to eliminate the requirement for
competition plans. FAA will consider this comment as it is formulating
a future legislative proposal. In the meantime, FAA must retain the
assurance.
The Sacramento County Airport System (SCAS) suggests that if the
competitive access assurance is retained it should be supplemented with
language that would state all reports shall be made readily available
electronically to the public upon receipt by the FAA. FAA will consider
this request as part of the ongoing review of the assurances referenced
above. In the meantime, FAA will retain the original proposed language
of the assurance.
Finally, FAA proposed to add language to assurance 31, Disposal of
Land, to comply with a change made by Pub. L. 108-176 that permits that
disposal proceeds for land purchased for noise purposes may be used to
acquire commercial properties affected by the purchase of the land.
Since there were no comments on this proposed addition, FAA is adopting
the proposed wording.
Discussion of Modifications
FAA uses three separate sets of standard assurances: Airport
Sponsors (owners/operators); Planning Agency sponsors; and Non-Airport
Sponsors Undertaking Noise Compatibility Program Projects (hereinafter
referred to as Non-Airport Sponsor Assurances). FAA is modifying only
the Airport Sponsor assurances currently in effect to incorporate the
below-noted changes, except with respect to assurance 31, as explained
below.
The following changes affect only the Airport Sponsor Assurances
and are being added:
(a) New Assurance 38, ``Hangar Construction'' is being added to
comply with recently enacted Public Law 108-76. Assurance 38 shall
read:
38. Hangar Construction. If the airport owner or operator and a
person who owns an aircraft agree that a hangar is to be constructed at
the airport for the aircraft at the aircraft owner's expense, the
airport owner or operator will grant to the aircraft owner for the
hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
(b) New Assurance 39, ``Competitive Access'' is being added to
comply with recently enacted Public Law 108-76. Assurance 39 shall
read:
39. Competitive Access.
(a) If the airport owner or operator of a medium or large hub
airport (as defined in section 47102 of title 49, U.S.C.) has been
unable to accommodate one or more requests by an air carrier for access
to gates or other facilities at that airport in order to allow the air
carrier to provide service to the airport or to expand service at the
airport, the airport
[[Page 15982]]
owner or operator shall transmit a report to the Secretary that--
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be
able to accommodate the requests.
(b) Such report shall be due on either February 1 or August 1 of
each year if the airport has been unable to accommodate the request(s)
in the six month period prior to the applicable due date.
Discussion of Modification of an Existing Assurance
Existing Assurance 31 is being modified to comply with recently
enacted Public Law 108-76. Both the Airport Sponsor Assurances and the
Non-Airport Sponsor Assurances are being modified with this
legislation. The legislation now allows the proceeds from the sale of
land no longer needed for noise compatibility purposes to be used for
the purchase of non-residential buildings or property in the vicinity
of residential buildings or property previously purchased by the
airport as part of a noise compatibility program. Assurance 31 shall
now read in its entirety:
31. Disposal of Land
(a) For land purchased under a grant for airport noise
compatibility purposes, it will dispose of the land when the land is no
longer needed for such purposes at fair market value at the earliest
practicable time. That portion of the proceeds or such disposition
which is proportionate to the United States' share of acquisition of
such land will, at the discretion of the Secretary, (1) Be paid to the
Secretary for deposit in the Trust Fund, or (2) be reinvested in an
approved noise compatibility project, as prescribed by the Secretary,
including the purchase of nonresidential buildings or property in the
vicinity of residential buildings or property previously purchased by
the airport as part of a noise compatibility program.
(b) For land purchased under a grant for airport development
purposes (other than noise compatibility), it will, when the land is no
longer needed for airport purposes, dispose of such land at fair market
value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to
the United States' share of the cost of acquisition of such land will,
(a) Upon application to the Secretary, be reinvested in another
eligible airport improvement project or projects approved by the
Secretary at that airport or within the national airport system, or (b)
be paid to the Secretary for deposit in the Trust Fund if no eligible
project exists.
(c) Land shall be considered to be needed for airport purposes
under this assurance if (a) It may be needed for aeronautical purposes
(including runway or within the national airport system, or (b) be paid
to the Secretary for deposit in the Trust Fund if no eligible project
exists.
(d) Land shall be considered to be needed for airport purposes
under this assurance if (a) It may be needed for aeronautical purposes
(including runway protection zones) or serve as noise buffer land, and
(b) the revenue from interim uses of such land contributes to the
financial self-sufficiency of the airport. Further, land purchased with
a grant received by an airport operator or owner before December 31,
1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987,
was notified by the operator or owner of the uses of such land, did not
object to such use, and the land continues to be used for that purpose,
such use having commenced no later than December 15, 1989.
(e) Disposition of such land under (a), (b), or (c) will be subject
to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which
are compatible with noise levels and safety associated with operation
of the airport.
Upon acceptance of the AIP grant by an airport sponsor, the
assurances become a contractual obligation between the airport sponsor
and the Federal government.
Dated: Issued in Washington, DC on February 18, 2005.
Dennis E. Roberts,
Director, Office of Airport Planning and Programming.
[FR Doc. 05-6072 Filed 3-28-05; 8:45 am]
BILLING CODE 4910-13-M
