Notice of Order Soliciting Community Proposals, 34847-34858 [E9-17093]
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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices
Public Hearing—Projects Approved
Involving Diversions
1. Project Sponsor: Pennsylvania
Department of Environmental
Protection, Bureau of Abandoned Mine
Reclamation. Project Facility:
Lancashire No. 15 AMD Treatment
Plant, Barr Township, Cambria County,
PA. Into-basin diversion of up to 10.000
mgd from the Ohio River Basin.
2. Project Sponsor and Facility:
Schuylkill County Municipal Authority,
Pottsville Public Water Supply System,
Mount Laurel Subsystem, Butler
Township, Schuylkill County, PA. Outof-basin diversion of up to 0.428 mgd to
the Delaware River Basin for water
supply; and an existing into-basin
diversion of up to 0.485 mgd from the
Delaware River Basin.
Public Hearing—Rescission of Project
Approval
1. Project Sponsor. Corning
Incorporated; Fall Brook Facility
(Docket No. 19960301), Corning,
Steuben County, N.Y.
Public Hearing—Enforcement Actions
The Commission approved
settlements in lieu of civil penalties for
the following projects:
1. Belden & Blake Corporation
(EnerVest Operating, LLC)—$150,000
2. Chester County Solid Waste
Authority—$51,000
3. East Resources, Inc. (Tioga River)—
$75,000
Public Hearing—Administrative
Appeals
1. Docket No. 20081203 from
petitioner Mark A. Givler, Esq.—The
Commission granted Mr. Givler’s
request to supplement his filing, but
denied his request for an administrative
hearing and his request to reopen the
docket.
2. Docket No. 20090315, from
petitioner Delta Borough—The
Commission tabled action on this
appeal at the request of the petitioner.
Authority: Pub. L. 91–575, 84 Stat. 1509
et seq., 18 CFR PArts 806, 807, and 808.
Dated: July 8, 2009.
Thomas W. Beauduy,
Deputy Director.
[FR Doc. E9–16971 Filed 7–16–09; 8:45 am]
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BILLING CODE 7040–01–P
SUSQUEHANNA RIVER BASIN
COMMISSION
Notice of Projects Approved for
Consumptive Uses of Water
AGENCY: Susquehanna River Basin
Commission.
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ACTION:
Notice of approved projects.
SUMMARY: This notice lists the projects
approved by rule by the Susquehanna
River Basin Commission during the
period set forth in DATES.
DATES: June 1, 2009, through June 30,
2009.
ADDRESSES: Susquehanna River Basin
Commission, 1721 North Front Street,
Harrisburg, PA 17102–2391.
FOR FURTHER INFORMATION CONTACT:
Richard A. Cairo, General Counsel,
telephone: (717) 238–0423, ext. 306; fax:
(717) 238–2436; e-mail: rcairo@srbc.net
or Stephanie L. Richardson, Secretary to
the Commission, telephone: (717) 238–
0423, ext. 304; fax: (717) 238–2436; email: srichardson@srbc.net. Regular
mail inquiries may be sent to the above
address.
SUPPLEMENTARY INFORMATION: This
notice lists the projects, described
below, receiving approval for the
consumptive use of water pursuant to
the Commission’s approval by rule
process set forth in 18 CFR 806.22(f) for
the time period specified above:
Approvals by Rule Issued:
1. Chesapeake Appalachia, LLC, Pad ID:
Benscoter, ABR–20090601, Auburn
Township, Susquehanna County,
PA.; Consumptive Use of up to
7.500 mgd; Approval Date: June 2,
2009.
2. Chesapeake Appalachia, LLC, Pad ID:
Strom, ABR–20090602, Monroe
Township, Bradford County, PA.;
Consumptive Use of up to 7.500
mgd; Approval Date: June 2, 2009.
3. Chesapeake Appalachia, LLC, Pad ID:
Evanchick, ABR–20090604,
Granville Township, Bradford
County, PA.; Consumptive Use of
up to 7.500 mgd; Approval Date:
June 3, 2009.
4. Chesapeake Appalachia, LLC, Pad ID:
Vargson, ABR–20090605, Granville
Township, Bradford County, PA.;
Consumptive Use of up to 7.500
mgd; Approval Date: June 3, 2009.
5. Range Resources Appalachia, LLC,
Pad ID: Ogontz 3, ABR–20090606,
Cummings Township, Lycoming
County, PA.; Consumptive Use of
up to 5.000 mgd; Approval Date:
June 5, 2009.
6. Range Resources Appalachia, LLC,
Pad ID: McWilliams 1, ABR–
20090607, Cogan House Township,
Lycoming County, PA.;
Consumptive Use of up to 5.000
mgd; Approval Date: June 5, 2009.
7. Alta Operating Company, LLC, Pad
ID: Ivey Pad Site, ABR–20090608,
Forest Lake Township,
Susquehanna County, PA.;
Consumptive Use of up to 3.000
mgd; Approval Date: June 10, 2009.
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34847
8. Fortuna Energy, Inc., Pad ID: Shedden
D 13–43, ABR–20090603, Troy
Township, Bradford County, PA.;
Consumptive Use of up to 3.000
mgd; Approval Date: June 10, 2009.
9. Fortuna Energy, Inc., Pad ID: State
Lands 587 Pad #1, ABR–20090609,
Ward Township, Tioga County, PA.;
Consumptive Use of up to 3.000
mgd; Approval Date: June 16, 2009.
10. Chesapeake Appalachia, LLC, Pad
ID: Welles 1, ABR–20090610, Terry
Township, Bradford County, PA.;
Consumptive Use of up to 7.500
mgd; Approval Date: June 18, 2009.
11. Fortuna Energy, Inc., Pad ID:
Williams 41–42, ABR–20090611,
Troy Township, Bradford County,
PA.; Consumptive Use of up to
3.000 mgd; Approval Date: June 23,
2009.
Authority: Public Law 91–575, 84 Stat.
1509 et seq., 18 CFR Parts 806, 807, and 808.
Dated: July 8, 2009.
Thomas W. Beauduy,
Deputy Director.
[FR Doc. E9–16972 Filed 7–16–09; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket DOT–OST–2009–0149]
Notice of Order Soliciting Community
Proposals
Department of Transportation.
Notice of Order Soliciting
Community Proposals (Order 2009–7–
11).
AGENCY:
ACTION:
SUMMARY: The Department of
Transportation is soliciting proposals
from communities or consortia of
communities interested in receiving a
grant under the Small Community Air
Service Development Program. The full
text of the Department’s order is
attached to this document. There are
two mandatory requirements for filing
of applications, both of which must be
completed for a community’s
application to be deemed timely and
considered by the Department. The first
requirement is the filing of an
Application for Federal Domestic
Assistance (SF424) through https://
www.grants.gov. The second is the
submission of the community’s proposal
as an attachment to its SF424.
Applicants must complete a one-time
registration at https://www.grants.gov, a
process required by grants.gov that can
take up to three weeks to complete. For
this reason, applicants should register
with grants.gov as soon as possible to
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ensure they can meet the application
deadline.
DATES: Grant proposals and the SF424
must be submitted no later than 5 p.m.
Eastern Daylight Time (EDT), on August
28, 2009.
ADDRESSES: Interested parties must
submit applications electronically as an
attachment to the SF424 through https://
www.grants.gov. The application should
bear the title, ‘‘Proposal under the Small
Community Air Service Development
Program, Docket DOT–OST–2009–
0149,’’ as well as (1) the name of the
applicant community or consortium of
communities, (2) the legal sponsor and
its DUNS number (including + 4), and
(3) the 2-digit Congressional district
code applicable to the sponsoring
organization and, if a consortium, to
each participating community.
FOR FURTHER INFORMATION CONTACT:
Aloha Ley, Office of Aviation Analysis,
8th Floor, Room W86–310, 1200 New
Jersey Ave., SE., Washington, DC 20590
(202) 366–2347.
Dated: July 10, 2009.
Christa Fornarotto,
Acting Assistant Secretary, for Aviation and
International Affairs.
In the Matter of Grant Applications;
Small Community Air Service
Development Program; Under 49 U.S.C.
41743 et seq.; Order Soliciting
Community Grant Proposals
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Overview
By this order, the Department invites
proposals from communities and/or
consortia of communities interested in
obtaining a Federal grant under the
Small Community Air Service
Development Program (Small
Community Program) to address air
service and airfare problems in their
communities. Proposals must be
submitted in the above-referenced
docket no later than 5 p.m., Eastern
Daylight Time (EDT), on August 28,
2009. Applicants must first register with
https://www.grants.gov before submitting
an Application for Federal Domestic
Assistance (SF424), a standard Federal
government grant application form, and
must include their proposals as an
attachment to the SF424. An application
will not be deemed complete until and
unless all required materials are filed by
the August 28, 2009, deadline.
Communities are reminded to register
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with Grants.gov early in the application
period since the mandatory grants.gov
registration process can take up to three
weeks to complete. Tutorials and other
guidance for completing the required
registration and application procedures
are available at the ‘‘Applicant
Resources’’ page of Grants.gov.1
Funding Opportunity
The Small Community Program was
established under the Wendell H. Ford
Aviation Investment and Reform Act for
the 21st Century (AIR–21), Public Law
106–181, and reauthorized under the
Vision 100—Century of Aviation
Reauthorization Act, Public Law 108–
176 (Vision 100). The program is
designed to provide financial assistance
to small communities to help them
enhance their air service. The
Department provides this assistance in
the form of financial grants that are
disbursed on a reimbursable basis.2
Under the Omnibus Appropriations Act,
2009 (Pub. L. 111–8), the Department
received up to $8 million to carry out
the Small Community Program.3
The program is limited to a maximum
of 40 grant awards, with a maximum of
four grants per State, in each year the
program is funded. There are no limits
on the amounts of individual awards,
and the amounts awarded will vary
depending upon the features and merits
of the proposals selected. Over the past
eight years, the Department’s individual
grants have ranged from $20,000 to
nearly $1.6 million. Authorized grant
projects may include activities that
extend over a multi-year period under a
single grant award; however, grant
funds are to be used in a timely manner.
Generally speaking, individual grant
awards have not exceeded a three-tofour-year period.
Eligibility Information
Who Is Eligible To Apply for a Grant?
Basic criteria. Eligible applicants are
those communities that (1) are served by
an airport that was not larger than a
small hub airport for calendar year
1 See https://www07.grants.gov/applicants/
app_help_reso.jsp.
2 For detailed background on the Small
Community Program, see our Web site at: https://
ostpxweb.dot.gov/aviation/X-50%20Role_files/
smallcommunity.htm.
3 Program funding for this year may be affected
by a provision that directs the Secretary to transfer
funds from any program within or administered by
the Office of the Secretary to the Essential Air
Service program if that program does not have
sufficient funds to meet its statutory obligations. In
addition, a portion of the funds available for the
Small Community Program are used by the
Department for grants-management purposes.
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1997 4 and (2) have insufficient air
service or unreasonably high airfares.
Communities that do not currently have
commercial air service are also eligible,
but they must have met or be able to
meet in a reasonable period all
necessary requirements of the Federal
Aviation Administration for the type of
service involved in their grant
proposals. Communities served by
medium and large hubs are not eligible
to apply.
Essential Air Service communities
may apply. Small communities that
meet the basic criteria and currently
receive subsidized air service under the
Essential Air Service (EAS) program are
eligible to apply for funds under the
Small Community Program. Indeed, a
number of EAS-subsidized communities
applied in past years and some have
received grant awards. However, grant
awards to EAS-subsidized communities
are limited to marketing or promotion
projects that support existing or newly
subsidized air services. Grant funds will
not be authorized for EAS-subsidized
communities to support any new air
service. Furthermore, no funds will be
authorized to support additional flights
by EAS carriers or changes to those
carriers’ existing schedules. These
restrictions are necessary to avoid
conflicts with the EAS program.
Additional consideration for
communities/members of consortia that
have previously received a grant.
Communities or members of a consortia
that were awarded grants in previous
years and want to apply for a grant this
year should be aware that (1) they are
precluded from seeking new funds for
projects for which they have already
received an award under the Small
Community Program and (2) they
cannot accept a new grant while they
are a party to an existing grant under the
program, either as an individual
community or as a member of a
consortium.
Grant must be for a new project. No
community may participate in the
program in support of the same project
more than once. 49 U.S.C. 41743(c)(4).
In assessing whether a previous
grantee’s current proposal represents a
new project, we would compare the
goals and objectives of the earlier grant,
including the key components of the
means by which those goals and
objectives were to be achieved, to the
current proposal. For example, if a
community received an earlier grant to
support a revenue guarantee for service
to a particular destination or direction,
4 The hub classifications are based on the Federal
Aviation Administration’s CY 1997 enplanement
data.
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a new application for another revenue
guarantee for the same service would be
disqualified under § 41743(c), even if
the revenue guarantee were structured
differently or the type of carrier were
different. However, we do not read
§ 41743(c) to disqualify a new
application for service to a new
destination or direction using a revenue
guarantee, or for general marketing of
the airport and the various services it
offers. We recognize, for example, that
not all revenue guarantees or marketing
agreements are of the same nature, and
that if a subsequent proposal
incorporates different goals or
significantly different components, it
may be sufficiently different to
constitute a new project under
§ 41743(c).
In its application, a community that is
a previous grant recipient should
compare and contrast its proposed
project with its previously funded
one(s) to demonstrate why its latest
proposal represents a new project.
Communities should also note that in
each of the prior six years of the
program, interest in participation
exceeded both the funds available and
the number of communities that could
take part in any one year. For this
reason, the fact that a community has
already received one or more grants will
be a consideration when comparing its
new proposal with those of other
applicant communities.
No concurrent grants are permitted. A
community or member of a consortia
may participate in the program a
subsequent time only after its
participation in a prior grant has
terminated. 49 U.S.C. 41743(c)(4).
Simply stated, a community can have
only one Small Community Program
grant at any time. If a grant applicant is
applying for a subsequent grant and its
current grant has not yet expired, it
must notify the Department of its intent
to terminate the current grant prior to
entering into the new grant. In addition,
for grant applicants that are members of
a consortia grant, permission must be
granted from both the grant sponsor and
the Department to withdraw from the
current grant prior to being eligible to
receive a subsequent grant.
Subsidies for a carrier to compete
against an incumbent raise concerns.
The Department is reluctant to subsidize
one carrier but not others in a
competitive market. For this reason,
communities that propose to use the
grant funds for service in a city-pair
market that is already served by a carrier
must explain in detail why the existing
service is insufficient or unsatisfactory,
or provide other compelling information
to support such proposals. This
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information is necessary for the
Department to consider the competitive
implications of giving financial or other
tangible incentives for one carrier that
the other carrier is not receiving.
Subsidy proposals should reflect
market analysis and a complementary
marketing commitment. A thorough
understanding of the target market is
essential for the ultimate success of new
or expanded air service. Likewise, the
chances that such a service will become
self-sustaining are enhanced when its
implementation is supported by a welldesigned marketing campaign. For these
reasons, communities requesting funds
for a revenue guarantee/subsidy/
financial incentive are encouraged to
include in their proposals an in-depth
analysis evidencing close familiarity
with their target markets. Such
communities also are encouraged to
designate in their proposals a portion of
their requested funds for the
development and implementation of a
marketing plan in support of the service
sought.
A consortium is more than a
collection of communities. The statute
permits individual communities and
consortia of communities to apply for
grant awards under this program. In
some instances in the past, several
communities in a State have filed a
single application as a ‘‘consortium,’’
but in effect the application was a
collection of individual community
requests involving different projects. We
do not view this as a consortium.
Rather, an application representing a
consortium would be one that facilitates
efforts of communities working together
toward a joint grant project. For
example, several communities
surrounding an airport may apply
together to improve air services at that
airport, or surrounding airports may
work together to provide regional air
service.
Multiple applications by a community
will not be considered. The Department
requests that communities file only one
application for a grant. In the past, some
communities have filed both individual
applications and applications as part of
a consortium. In many cases these
applications have involved the same
project at the same or different funding
levels. We will not consider the standalone application if a community is also
submitting a largely identical request as
part of a consortium. To the extent that
a community files separately and as part
of a consortium for complementary
projects—for example, one for a revenue
guarantee and one for marketing—we
will consider such proposals. However,
communities should be aware that they
can receive only one grant, either the
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34849
stand-alone grant or as a member of a
consortium, because no community can
have concurrent grants.
Cost Sharing and Local Contributions
Are Important Factors
The statute does not require
communities to contribute toward a
grant project, but those communities
that contribute from local sources other
than airport revenues are accorded
priority consideration. One core
objective of the Small Community
Program is to promote community
involvement in addressing air service/
air fare issues through public/private
partnerships. As a financial stakeholder
in the process, the community gains
greater control over the type, quality,
and success of the air service initiatives
that will best meet its needs, and
demonstrates a greater commitment
towards achieving the stated goals. The
Department has historically received
many more applications than can be
accommodated and nearly all of those
applications have proposed a
community financial contribution to the
project. Thus, proposals that do not
propose a community financial
contribution will be at a competitive
disadvantage.
Types of contributions. Contributions
should represent a new financial
commitment or new financial resources
devoted to attracting new or improved
service, or addressing specific high-fare
or other service issues, such as
improving patronage of existing service
at the airport. Contributions from
already-existing programs or projects
(e.g., designating a portion of an
airport’s existing annual marketing
budget to the project) are considered
less favorably than contributions for
new and innovative programs or
projects. For those communities that
propose to contribute to the grant
project, that contribution can be in the
following forms:
Cash from non-airport revenues. A
cash contribution can include funds
from the State, the County or the local
government, and/or from local
businesses, or other private
organizations in the community.
Contributions that are comprised of
intangible non-cash items, such as the
‘‘value’’ of donated advertising, are
considered ‘‘in-kind’’ contributions (see
further discussion below).
Cash from airport revenues. This
includes contributions from funds
generated by airport operations. Airport
revenues may not be used for revenue
guarantees to airlines.5 Community
5 49
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proposals that include local
contributions based on airport revenues
do not receive priority consideration for
selection.
In-Kind Contributions from the
airport. This can include such items as
waivers of landing fees, terminal rents,
fuel fees, and/or vehicle parking fees.
In-Kind Contributions from the
community. This can include such
items as donated advertising from media
outlets, catering services for inaugural
events, or in-kind trading, such as
advertising in exchange for free air
travel. Travel banks and travel
commitments/pledges are considered to
be in-kind contributions,6 as are
reduced fares offered by airlines.
Cash vs. in-kind contributions. Only
expenditures of cash contributions will
be eligible for reimbursement. ‘‘In-kind’’
or non-cash contributions, which
encompass property or services
contributed by non-Federal third parties
without charge to the grantee, are not
eligible. Because they are not
reimbursable, in-kind contributions are
not considered as part of the
community’s cash financial
contribution to the project. Of course,
communities should include any inkind contributions in their proposals
and are encouraged to offer in-kind
inducements as an extra incentive to
facilitate air service/fare improvements.
While these contributions will not be
considered as part of the community’s
cash contribution toward the project on
which reimbursements are made, they
will be considered as illustrative of the
community’s overall commitment to the
proposed grant project. If there is any
question about whether a proposed
contribution would be considered as
‘‘in-kind’’ or cash, the applicant should
contact the Department before
submitting its proposal.
Financial commitments must be
fulfilled. Applicant communities should
also note that, as part of the grant
agreement between the Department and
the community, the community has
legally committed itself to fulfilling its
proposed financial contribution to the
project and that its failure to meet this
commitment could lead the Department
6 A travel ‘‘bank’’ involves the actual deposit of
funds from participating parties (e.g., businesses,
individuals) into a designated bank account for the
purpose of purchasing air travel on the selected
airline, with defined procedures for the subsequent
use or withdrawal of those funds under an
agreement with the airline. Often, however, what
communities refer to as a travel ‘‘bank’’ in reality
involves travel ‘‘pledges’’ from businesses in the
community without any collection of funds or
formal procedures for use of the funds. As with
other types of in-kind contributions, the
Department views travel banks and pledges
included in grant proposals as an indicator of local
community support.
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to terminate the grant. Community
participation in all aspects of the
proposal, including the financial
aspects, is critical to the success of the
authorized project initiative. As with
the grant awards in past years, receipt
of the full Federal contribution awarded
will thus be linked to the community’s
fulfillment of its financial contribution.
Furthermore, communities cannot
propose a certain level of cash
contribution from non-airport sources,
and subsequent to being awarded a
grant, seek to substitute or replace that
contribution with either ‘‘in-kind’’
contributions or contributions from
airport revenues, or both. Given the
statute’s priority for contributions from
non-airport sources and the competitive
nature of the selection process, a
community’s grant award could be
reduced or terminated altogether if it is
unable to replace the committed funds
from non-airport revenue sources.
Application and Submission
Information
Filing Deadline and Procedures
Grant applications are due by 5 p.m.
EDT on August 28, 2009. As part of the
submission process, an applicant must
register as a grant applicant at https://
www.grants.gov and complete the
Application for Federal Domestic
Assistance form SF424. An applicant
must also include its grant proposal as
an attachment to its SF424. In addition,
the cover page of each application
should contain the information
specified under ‘‘Cover page contents,’’
below. Questions regarding the program
should be directed to the Office of
Aviation Analysis on (202) 366–2347 or
aloha.ley@dot.gov. Communities not
previously registered are encouraged to
register with Grants.gov early during the
application period because the
registration and SF424 application
process required by www.grants.gov can
take up to three weeks to complete. A
community may file its proposal
anytime after the initial registration
process has been completed on https://
www.grants.gov as long as the entire
application is filed by August 28, 2009.
Communities are encouraged to contact
the Grants.gov help desk for any
technical assistance in filing their
applications.
SF424 required. To comply with the
Grants.gov initiative, a mandate of the
President’s Management Agenda, all
applicants must submit form SF424,
Application for Federal Domestic
Assistance, found on https://
www.grants.gov. Further, grant
proposals must be submitted as an
attachment to the SF424. An application
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will NOT be deemed complete unless
the SF424 and the attached proposal
have been submitted through Grants.gov
by the 5 p.m. EDT, August 28, 2009,
deadline.
Applicants must complete a
mandatory one-time registration process
in order to submit the SF424
application. This mandatory grants.gov
registration process can take up to three
weeks to complete, depending on the
type of organization and whether all
steps are met in a timely manner. For
this reason, communities intending to
file applications should register with
grants.gov as soon as possible to ensure
they can meet the application deadline.
The Grants.gov ‘‘Applicant Resources’’
page (https://www07.grants.gov/
applicants/app_help_reso.jsp) provides
instructions and guidance on
completing the registration and
application processes.
Cover page contents. The cover page
for all applications should bear the title
‘‘Proposal Under the Small Community
Air Service Development Program,
Docket DOT–OST–2009–0149’’ and
should include:
(1) The name of the community or
consortium of communities applying for
the grant;
(2) The legal sponsor and its Dun and
Bradstreet (D&B) Data Universal
Numbering System (DUNS) number,
including + 4; and
(3) The 2-digit Congressional district
code applicable to the sponsoring
organization and, if a consortium, to
each participating community.
Confidential treatment of information.
Applicants will be able to provide
certain information relevant to their
proposals on a confidential basis. Under
the Department’s Freedom of
Information Act regulations (49 CFR
7.17), such information is limited to
commercial or financial information
that, if disclosed, would either likely
cause substantial harm to the
competitive position of a business or
enterprise or make it more difficult for
the Federal Government to obtain
similar information in the future.
Applicants seeking confidential
treatment of a portion of their
applications must segregate the
confidential material in a sealed
envelope marked ‘‘Confidential
Submission of X (the applicant) in
Docket DOT–OST–2009–0149,’’ and
include with that material a request in
the form of a motion seeking
confidential treatment of the material
under 14 CFR 302.12 (Rule 12) of the
Department’s regulations. The applicant
should submit an original and two
copies of its motion and an original and
two copies of the confidential material
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in the sealed envelope. The confidential
material should not be included with
the original of the applicant’s proposal
that is submitted via https://
www.grants.gov. The applicant’s
original submission, however, should
indicate clearly where the confidential
material would have been inserted. If an
applicant invokes Rule 12, the
confidential portion of its filing will be
treated as confidential pending a final
determination. All confidential material
must be received by August 28, 2009,
and delivered to the Office of Aviation
Analysis, 8th Floor, Room W86–310,
1200 New Jersey Ave., SE., Washington,
DC 20590.
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Types of Projects and Application
Content
The statute is very general about the
types of projects that can be authorized
so that communities are provided
flexibility in addressing their particular
air service and airfare issues. Because
circumstances may differ among
communities, applicants have some
latitude in identifying their own
objectives and developing strategies for
accomplishing them.
One objective of the Small
Community Program is to help
communities secure enhancements that
will be responsive to their air
transportation/air fare needs on a longterm basis after the financial support of
the grant has ended. There are many
ways that a community might enhance
its current air service or attract new
service, such as:
• Promoting awareness among
residents of locally available service;
• Attracting a new carrier through
revenue guarantees or operating cost
offsets;
• Attracting new forms of service,
such as on-demand air taxi service;
• Offering an incumbent carrier
financial or other incentives to lower its
fares, increase its frequencies, add new
routes, or deploy more suitable aircraft,
including upgrading its equipment from
turboprops to regional jets;
• Combining traffic support from
surrounding communities with
regionalized service through one airport;
or
• Providing local ground
transportation service to improve access
to air service to the community and the
surrounding area.7
7 These examples are illustrative only and are not
meant as a list of projects favored by the
Department. Interested communities can view
actual proposals submitted in prior years. Go to
https://www.regulations.gov and, under ‘‘Search,’’
enter one of the following depending on the desired
filing year: DOT–OST–2002–11590, DOT–OST–
2003–15065, DOT–OST–2004–17343, DOT–OST–
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Communities are encouraged to be
innovative and to consider a wide range
of initiatives and air transportation
services in developing their proposals,
such as intermodal or regional
solutions. At the same time, proposals
must not be general, vague, or
unsupported. The more highly defined
and focused the proposal, the more
competitive it will be, particularly in
light of the priority consideration
afforded by the statute to those
applicants that can use the funds in a
timely manner. 49 U.S.C. 41743(c)(5)(E).
There is no set format that must be
used in submitting grant proposals. At
a minimum, however, a proposal must
provide the following information:
• A description of the community’s
existing air service, including the
carrier(s) providing service, service
frequency, direct and connecting
destinations offered, available fares, and
equipment types.
• A synopsis of the community’s
historical service, including
destinations, traffic levels, service
providers, and any extenuating factors
that might have affected traffic in the
past or that can be expected to influence
service needs in the near to intermediate
term.
• A description of the community’s
air service development efforts over the
past five years and the results of those
efforts. Many communities have been
active on an on-going basis for many
years in air service development efforts,
while others are just beginning. To the
extent that a community has previously
engaged in other air service initiatives,
including through public/private
partnerships, it should describe those
efforts and their results in its grant
proposal. The description should
include marketing and promotional
efforts of airport services as well as
efforts to recruit additional or improved
air service and airfare initiatives.
• A description of the community’s
air service needs or deficiencies. A
community should submit any
information about (1) major origin/
destination markets that are not now
served or are not served adequately, and
(2) fare levels that the community
deems relevant to consideration of its
grant request, including market analyses
or studies demonstrating an
understanding of local air service needs.
• A strategic plan for meeting those
needs under the Small Community
Program, including the community’s
specific project goal(s) and detailed plan
for attaining such goal(s). Plans should:
2005–20127, DOT–OST–2006–23671; DOT–OST–
2007–27370 and DOT–OST–2008–0100 for
proposals filed in 2002, 2003, 2004, 2005, 2006,
2007 and 2008, respectively.
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Æ Clearly identify the target audience
of each component of the proposed
transportation initiative, including all
advertising and promotional efforts.
Æ Set forth a realistic timetable for
implementation of the grant project.
Because the statute includes timely use
of the grant funds as a priority
consideration, a community must have
a well-developed project plan and a
detailed timetable for implementing that
plan. In establishing the timetable,
however, the community should be
realistic about its ability to meet its
project deadlines.8
Æ For proposals involving new or
improved service, explain how the
service will become self-sufficient.
Under the statute, a community cannot
seek grant funding in subsequent years
in support of the same project.
Moreover, in developing a proposal, it is
important that a community seriously
consider the scale of its proposed
project and the timetable for achieving
it. To the extent that a proposed project
is dependent upon or relevant to the
completion of other federally funded
capital improvement projects, the
community should provide a
description of, and the construction
time-line for, those projects, keeping in
mind the statutory requirement to use
Small Community Program funding in a
timely manner.
Æ Fully and clearly outline the goals
and objectives sought to be achieved;
e.g., ‘‘to broaden the awareness by
residents in the Tri-County area of the
various services provided by passenger
carriers at the Tri-County airport,’’ or
‘‘to obtain new and affordable service to
a hub airport in a direction where there
is no such service.’’ When an
application is selected, these goals and
objectives will be incorporated into the
grant agreement and define its basic
project scope. Once an agreement is
signed, if circumstances change and an
amendment is sought to allow for
different activities or a different
approach, the Department will look to
whether the change being sought is
consistent with those fundamental
project goals and objectives. Proposed
changes that would alter those
fundamental goals and objectives cannot
be authorized, because doing so would
8 The projected timetable will be an integral part
of the grant agreements between the selected
communities and the Department. Therefore, there
is no advantage to a community in proposing an
aggressive timetable that cannot be met, and there
may be disadvantages if the community finds that
it cannot meet its timetable. Communities should
carefully consider all factors affecting
implementation of their projects and develop
realistic timeframes for achieving those objectives,
keeping in mind that authorized projects generally
have averaged three to four years.
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undermine the competitive nature of the
selection process. Applicants are also
encouraged to include in their proposals
alternative or back-up strategies for
achieving their desired goals and
objectives. By incorporating such
information into the grant agreement,
desired changes may be accommodated.
Æ If the applicant received a Small
Community Program grant in the past,
explain how its proposed project differs
from its earlier one by comparing and
contrasting project goals, objectives and
methods of achieving them.
• A description of any public-private
partnership that will participate in the
project. Full community involvement is
a key aspect of the Small Community
Program. The statute gives a priority to
those communities that already have
established, or will establish, a publicprivate partnership to facilitate air
service to the public. The proposal
should fully describe the public-private
partnership that will participate in the
community’s proposal and how the
partnership will actively participate in
the implementation of the proposed
project. In addition, applicants should
identify each member of the
partnership, the role that each will play,
and the specific responsibilities of each
member in project implementation. If
the application does not include
specific information on the partnership
participation in the project, the
Department will not be able to evaluate
how well a community has met this
consideration, and the applicant will
not be deemed to have met this priority
consideration in the Department’s
evaluation of the community’s proposal.
• A detailed description of the
funding necessary for implementation of
the community’s project, including the
Federal and non-Federal contributions.
Proposals should clearly identify the
level of Federal funding sought. They
should also clearly identify the
community’s cash contributions to the
proposed project, ‘‘in-kind’’
contributions from the airport, and ‘‘inkind’’ contributions from the
community. Cash contributions from
airport revenues should be identified
separately from cash contributions from
other community sources. Similarly,
cash contributions from the State and/
or local government should be
separately identified and described.
Applicant communities should be
aware that, if awarded a grant, the
Department will not reimburse the
community for pre-award expenses such
as the cost of preparing the grant
application or for any expenses incurred
prior to the community executing a
grant agreement with the Department. In
addition, 10 percent of the grant funds
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will be withheld until the Department
receives the final report of the grant
project. See ‘‘Award Administration
Information,’’ below.
• An explanation of how the
community will ensure that its own
funding contribution is spent in the
manner proposed.
• Descriptions of how the community
will monitor the progress of the grant
project and the identity of critical
milestones to be met during the life of
the grant, including the need to modify
or discontinue funding if identified
milestones cannot be achieved. This is
an important component of the
community’s proposal and serves to
demonstrate the thoroughness of the
community’s planning of the proposed
grant project.
• A description of how the
community plans to continue with the
project if it is not self-sustaining after
the grant award expires. A particular
goal of the Small Community Program is
to provide long-term, self-sustaining
improvements to air service at small
communities. A community cannot seek
further grant funding in support of the
same project. 49 U.S.C. 41743(c)(4). It is
possible that a new or improved service
at a community will be well on its way
to becoming self-sustaining, but not
have reached that goal before the grant
expires. Similarly, it is possible that
extensive marketing and promotional
efforts may be in process, but not have
been completed at the end of the grant
period and will require continued
support. Therefore, in developing its
proposal, the community should
carefully consider and describe in detail
its plans for providing continued
financial support for the project after the
grant funding is no longer available.
This aspect of the application reflects on
the community’s commitment to the
grant project and is an important
component to the Department’s
consideration of the community’s
proposal for selection for a grant award.
• Designation of a legal sponsor
responsible for administering the
program. The legal sponsor of the grant
project must be a government entity. If
the applicant is a public-private
partnership, a public government
member of the organization must be
identified as the community’s sponsor
to receive program reimbursements. In
this regard, communities can designate
only a single government entity as the
legal sponsor, even if applying as
consortium, that consists of two or more
local government entities. Private
organizations cannot be designated as
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the legal sponsor of a grant under the
Small Community Program.9
Air Service Development Zone
Designation
The statute authorizing the Small
Community Program also provides that
the Department will designate one of the
grant recipients in the program as an Air
Service Development Zone (ASDZ).
Because a previous grant recipient is
still active as an ASDZ designee, the
Department is not required by the
statute to make another ASDZ
designation in the FY 2009 round of
awards. However, communities are
welcome to apply for the designation, as
described below.
The purpose of the designation is to
provide communities interested in
attracting business to the area
surrounding the airport or in developing
land-use options for the area with an
opportunity to work with the
Department on means to achieve those
goals. There are no additional funds
associated with this designation, and
applying for the designation will
provide no special benefit or preference
to a community in receiving a grant
award under the Small Community
Program.
If selected, the Department will assist
the designated community in
establishing contacts with and obtaining
advice and assistance from appropriate
government agencies, including the
Department of Commerce as well as
other offices within the Department of
Transportation, and in identifying other
pertinent resources that may aid the
community in its efforts to attract
businesses and to develop land-use
options. The community receiving the
designation (if any) will be responsible
for developing, implementing, and
managing activities related to the air
service development zone initiative.
Only communities that are interested in
these objectives and have a plan to
accomplish them should consider
applying for the designation since none
is required.
Grant applicants interested in being
selected for the Air Service
Development Zone designation must
include in their applications a separate
section, titled, Support for Air Service
Development Zone Designation. That
section should include:
Detailed information regarding the
property and facilities available for
development such as an existing airpark
or land for such an airpark near or
adjacent to the local airport;
9 The community has the responsibility to ensure
that the recipient of any funding has the legal
authority under State and local laws to carry out all
aspects of the grant.
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• The other modes of transportation
that would be available to support
additional economic development, such
as rail, road, and/or water access;
• Information concerning historic,
existing, and any future business
activity in the area that would support
further development;
• Demographic information
concerning the community and its
environs relevant to the developmental
efforts, including population,
employment, and per capita income
data;
• Information as to whether the
community has or had applied to other
State or Federal agencies for economic
assistance in the previous five years,
including the Economic Development
Administration of the United States
Department of Commerce, and if so
whether its application(s) were
approved and the result, if any, of the
assistance provided; and
• Any other information that the
community believes is relevant to its
plans to enhance air service
development.
The community should provide as
detailed a plan as possible, including
the goals it expects to achieve from the
air service development zone
designation and the types of activities
on which it would like to work with the
Department in achieving those goals.
The community should also indicate
whether further local government
approvals are required in order to
implement the proposed activities, and,
if so, the projected timeframe under
which decisions on applications would
be expected.
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Application Review Information
The Department will carefully review
each proposal, and the staff may contact
applicants if clarification is needed. The
grant awards will be made as quickly as
possible so that communities awarded
grants can complete the grant agreement
process and proceed to implement their
plans. Pending unforeseen
circumstances, the grant selection
process should be completed by
December 2009. Given the competitive
nature of the grant process, the
Department will not meet with grant
applicants with respect to their grant
proposals. The Department’s selection
of communities for grant awards will be
based on the communities’ written
submissions.
Priority factors considered. The law
directs the Department to give priority
consideration to those communities or
consortia where: 10
10 49
U.S.C. 41743(c)(5).
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• Air fares are higher than the
national average air fares for all
communities;
• The community or consortium will
provide a portion of the cost of the
activity from local sources other than
airport revenue sources;
• The community or consortium has
established or will establish a publicprivate partnership to facilitate air
carrier service to the public;
• The assistance will provide material
benefits to a broad segment of the
traveling public, including business,
educational institutions, and other
enterprises, whose access to the national
air transportation system is limited; and
• The assistance will be used in a
timely manner.
Additional factors considered.
Applications will be evaluated against
the priority considerations listed above.
Our experience has been that more
applications are received than can be
funded under the Small Community
Program. Consequently, consistent with
the criteria stated above, the selection
process will take into consideration
such additional factors as:
• The relative size of each applicant
community;
• The geographic location of each
applicant, including the community’s
proximity to larger centers of air service
and low-fare service alternatives;
• The community’s existing level of
air service and whether that service has
been increasing or decreasing;
• Whether the community’s proposal,
if successfully implemented, could
serve as a working model for other
communities;
• Current demographic indicators for
the community, such as population,
income and business activity;
• The community’s demonstrated
commitment to and participation in the
proposed grant project;
• The grant amount requested
compared with total funds available for
all communities;
• The proposed Federal grant amount
requested compared with the local share
offered;
• Whether the community has a
realistic plan to use the funds in a
timely manner;
• The uniqueness of an applicant’s
claimed problems and whether the
proposed project addresses those
problems;
• The extent to which the applicant’s
proposed solution(s) to solving the
problem(s) is new or innovative;
• Whether the community’s
proximity to an existing grant recipient
could impact its proposal; and
• Whether the applicant community
has previously received a grant award
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34853
under this program and, if so, whether
its application includes an explanation
of how the community’s proposed
project differs from its previously
funded project.
Full community participation is a key
goal of this program as demonstrated by
the statute’s focus on local contributions
and active participation in the project.
Therefore, applications that demonstrate
broad community support will be more
attractive. For example, communities
providing proportionately higher levels
of cash contributions from other than
airport revenues will have more
attractive proposals. Communities that
provide multiple levels of contributions
(cash and in-kind contributions) also
will have more attractive proposals.
Similarly, communities that
demonstrate participation in the
development and execution of the
proposed air service project will
enhance the attractiveness of their
proposals. In this regard, the
Department welcomes letters of intent
from airlines on behalf of community
proposals that are specifically intended
to enlist new or expanded air carrier
presence. Such letters will be accorded
greater credence when authorized by
airline planning departments.
Proposals that offer innovative
solutions to the transportation issues
facing the community will be more
attractive. Small communities have
faced many problems retaining and
improving their air services and in
coping with air fares that are higher
than typical for larger communities.
Therefore, proposals that offer new,
creative approaches to addressing these
problems, to the extent that they are
reasonable, will have their
attractiveness enhanced. Proposals that
provide a well-defined plan, a
reasonable timetable for use of the grant
funds, and a plan for continuation and/
or monitoring of the project after the
grant expires also will have greater
attractiveness.
Award Administration Information
The Department will announce its
grant selections in a selection order,
which will be served on each grant
recipient, all other applicants, and all
parties served with this solicitation
order. The selection order will also be
posted in the Docket at https://
www.regulations.gov and on the
Department’s Web page.
Grant agreement. Communities
awarded grants are required to execute
a grant agreement with the Department
before they begin to spend funds under
the grant award. Grant funds will be
provided on a reimbursable basis only,
with reimbursements made only for
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expenses incurred and billed during the
period that the grant agreement is in
effect. Applicants should not assume
they have received a grant, nor should
they obligate or spend local funds prior
to receiving and fully executing a grant
agreement with the Department.
Expenditures made prior to the
execution of a grant agreement,
including costs associated with
preparation of the grant application,
will not be reimbursed. Moreover, there
are numerous assurances that grant
recipients must sign and honor when
Federal funds are awarded. All
communities receiving a grant under the
Small Community Program will be
required to accept the responsibilities of
these assurances and to execute the
assurances when they execute their
grant agreements. Copies of the
applicable assurances are available for
review on the Department’s Web page at
https://ostpxweb.dot.gov/aviation/X50%20Role_files/smallcommunity.htm#
Funds (click on ‘‘FAA Grant
Assurances’’).
Grantee reports. The grant agreement
between the Department and each
selected community will require the
submission of quarterly reports on the
progress the community has made
during the previous quarter in
implementing its grant project. In
addition, the grant agreement will
require the submission on a quarterly or
other time-specific basis other materials
relevant to the grant project, such as
copies of advertising and promotional
material and copies of contracts with
consultants and service providers. In
addition, each community will be
required to submit a final report on its
project to the Department, and 10
percent of the grant funds will not be
reimbursed to the community until such
final report is received.
Cost reimbursement. Communities
will be permitted to seek reimbursement
of project implementation costs on a
regular basis. The frequency of such
requests will be established in the grant
agreement, which will be tailored to the
specific features of the community’s
grant project. In most cases,
reimbursements will be made on a
monthly basis. In this regard, the
Department will provide the grant
recipient communities with details and
procedures for securing reimbursements
electronically.
Grant amendments. A grantee may
wish to amend its agreement with the
Department in the event of a change in
circumstances after the date the
agreement is executed. Typically,
amendments involve an extension to the
time period for completing the grant or
a change in the types of activities
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authorized for reimbursement under the
goals and objectives (‘‘project scope’’) of
the grant agreement. Grantees are
cautioned, however, that the
Department cannot authorize
amendments that are incompatible with
the scope of the agreement. For
example, a grant awarded solely for the
purpose of developing an airport
marketing plan cannot be amended to
permit subsidization of an air carrier’s
startup costs, since the latter was never
contemplated by the original agreement.
Grantees are also advised that the
Department will not extend the
expiration date of an agreement simply
to allow more time for a community to
solicit air carriers for new air service.
Many grants have been awarded for the
purpose of subsidizing new or
additional air service for a small
community, with the goal of that service
becoming self-sustaining by the end of
the subsidy period. In virtually all cases,
the community seeking the grant funds
received expressions of interest from
one or more air carriers. In some
instances, these expressions of interest
failed to pan out and the community
was left without any immediate
prospects, at which time it asked for a
grant extension to allow more time to
pursue other carriers. Because the
Department is charged by law to
consider timely use of funds when
selecting grant recipients, the
Department will grant an extension only
when the community can provide strong
evidence of a firm commitment on the
part of an air carrier to deliver the
desired service.
To avoid misunderstandings, grantees
contemplating amendments to their
agreements are urged to discuss their
situations with the Small Community
Program staff before requesting a formal
amendment.
This order is issued under authority
delegated in 49 CFR 1.56a(f).
Accordingly,
1. Community proposals for funding
under the Small Community Air Service
Development Program should be
submitted via https://www.grants.gov as
an attachment to the SF424 no later than
August 28, 2009; and
2. This order will be published in the
Federal Register and also will be served
on the Conference of Mayors, the
National League of Cities, the National
Governors Association, the National
Association of State Aviation Officials
(NASAO), the Association of County
Executives, the American Association of
Airport Executives (AAAE), and the
Airports Council International—North
America (ACI), and posted on https://
www.grants.gov.
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By:
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Christa Fornarotto,
Acting Assistant Secretary for Aviation and
International Affairs.
Appendix A—Small Community Air
Service Development Program
United States Code Annotated
Title 49. Transportation
Subtitle VII. Aviation Programs
Part A. Air Commerce and Safety
Subpart II. Economic Regulation
Chapter 417. Operations of Carriers
Subchapter II. Small Community Air Service
• § 41743. Airports Not Receiving Sufficient
Service
(a) Small community air service
development program.—The Secretary of
Transportation shall establish a program that
meets the requirements of this section for
improving air carrier service to airports not
receiving sufficient air carrier service.
(b) Application required.—In order to
participate in the program established under
subsection (a), a community or consortium of
communities shall submit an application to
the Secretary in such form, at such time, and
containing such information as the Secretary
may require, including—
(1) An assessment of the need of the
community or consortium for access, or
improved access, to the national air
transportation system; and
(2) An analysis of the application of the
criteria in subsection (c) to that community
or consortium.
(c) Criteria for participation.—In selecting
communities, or consortia of communities,
for participation in the program established
under subsection (a), the Secretary shall
apply the following criteria:
(1) Size.—For calendar year 1997, the
airport serving the community or consortium
was not larger than a small hub airport,
and—
(A) Had insufficient air carrier service; or
(B) Had unreasonably high air fares.
(2) Characteristics.—The airport presents
characteristics, such as geographic diversity
or unique circumstances, that will
demonstrate the need for, and feasibility of,
the program established under subsection (a).
(3) State limit.—Not more than 4
communities or consortia of communities, or
a combination thereof, from the same State
may be selected to participate in the program
in any fiscal year.
(4) Overall limit.—No more than 40
communities or consortia of communities, or
a combination thereof, may be selected to
participate in the program in each year for
which funds are appropriated for the
program.
No community, consortia of communities,
or combination thereof may participate in the
program in support of the same project more
than once, but any community, consortia of
communities, or combination thereof may
apply, subsequent to such participation, to
participate in the program in support of a
different project.
(5) Priorities.—The Secretary shall give
priority to communities or consortia of
communities where—
(A) Air fares are higher than the average air
fares for all communities;
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(B) The community or consortium will
provide a portion of the cost of the activity
to be assisted under the program from local
sources other than airport revenues;
(C) The community or consortium has
established, or will establish, a public-private
partnership to facilitate air carrier service to
the public;
(D) The assistance will provide material
benefits to a broad segment of the traveling
public, including business, educational
institutions, and other enterprises, whose
access to the national air transportation
system is limited; and
(E) The assistance will be used in a timely
fashion.
(d) Types of assistance.—The Secretary
may use amounts made available under this
section—
(1) To provide assistance to an air carrier
to subsidize service to and from an
underserved airport for a period not to
exceed 3 years;
(2) To provide assistance to an underserved
airport to obtain service to and from the
underserved airport; and
(3) To provide assistance to an underserved
airport to implement such other measures as
the Secretary, in consultation with such
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airport, considers appropriate to improve air
service both in terms of the cost of such
service to consumers and the availability of
such service, including improving air service
through marketing and promotion of air
service and enhanced utilization of airport
facilities.
(e) Authority to make agreements.—
(1) In general.—The Secretary may make
agreements to provide assistance under this
section.
(2) Authorization of appropriations.—
There is authorized to be appropriated to the
Secretary $20,000,000 for fiscal year 2001,
$27,500,000 for each of fiscal years 2002 and
2003, and $35,000,000 for each of fiscal years
2004 through 2008 to carry out this section.
Such sums shall remain available until
expended.
(f) Additional action.—Under the program
established under subsection (a), the
Secretary shall work with air carriers
providing service to participating
communities and major air carriers (as
defined in section 41716(a)(2)) serving large
hub airports to facilitate joint-fare
arrangements consistent with normal
industry practice.
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(g) Designation of responsible official.—
The Secretary shall designate an employee of
the Department of Transportation—
(1) To function as a facilitator between
small communities and air carriers;
(2) To carry out this section;
(3) To ensure that the Bureau of
Transportation Statistics collects data on
passenger information to assess the service
needs of small communities;
(4) To work with and coordinate efforts
with other Federal, State, and local agencies
to increase the viability of service to small
communities and the creation of aviation
development zones; and
(5) To provide policy recommendations to
the Secretary and Congress that will ensure
that small communities have access to
quality, affordable air transportation services.
(h) Air Service Development Zone.—The
Secretary shall designate an airport in the
program as an Air Service Development Zone
and work with the community or consortium
on means to attract business to the area
surrounding the airport, to develop land use
options for the area, and provide data,
working with the Department of Commerce
and other agencies.
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Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices
Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices
[FR Doc. E9–17093 Filed 7–16–09; 8:45 am]
BILLING CODE C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection Activity
Seeking OMB Approval
mstockstill on DSKH9S0YB1PROD with NOTICES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) revision of a current information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on February
2, 2009, vol. 74, no. 20, page 5884. Title
49 U.S.C., Section 44702 authorizes
issuance of air carrier operating
certificates. 14 CFR prescribes
requirements for Air Carrier/
Commercial Operators. The info
collected shows compliance & applicant
eligibility.
DATES: Please submit comments by
August 17, 2009.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney at Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Operating Requirements:
Commuter and On-Demand Operation.
VerDate Nov<24>2008
19:20 Jul 16, 2009
Jkt 217001
Type of Request: Revision of a
currently approved collection.
OMB Control Number: 2120–0039.
Forms(s) FAA Form 8070–1.
Affected Public: An estimated 2.765
Respondents.
Frequency: This information is
collected on occasion.
Estimated Average Burden Per
Response: Approximately 7.7 minutes
per response.
Estimated Annual Burden Hours: An
estimated 1,154,674 hours annually
Abstract: Title 49 U.S.C., Section
44702 authorizes issuance of air carrier
operating certificates. 14 CFR prescribes
requirements for Air Carrier/
Commercial Operators. The info
collected shows compliance and
applicant eligibility.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the attention of the Desk Officer,
Department of Transportation/FAA, and
sent via electronic mail to
oira_submission@omb.eop.gov, or faxed
to (202) 395–6974, or mailed to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Docket Library, Room 10102,
725 17th Street, NW., Washington, DC
20503.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
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including whether the information will
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 formns of information technology.
Issued in Washington, DC, on July 10,
2009.
Carla Mauney,
FAA Information Collection Clearance
Officer, IT Enterprises Business Services
Division, AES–200.
[FR Doc. E9–16806 Filed 7–16–09; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA–2009–0035]
Agency Information Collection Activity
Under OMB Review
AGENCY:
Federal Transit Administration,
DOT.
ACTION:
Notice of request for comments.
SUMMARY: The Federal Transit
Administration invites public comment
about our intention to request the Office
of Management and Budget’s (OMB’s)
approval to renew the following
information collection: 49 U.S.C.
Section 5317—New Freedom Program.
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Agencies
[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Notices]
[Pages 34847-34858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17093]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket DOT-OST-2009-0149]
Notice of Order Soliciting Community Proposals
AGENCY: Department of Transportation.
ACTION: Notice of Order Soliciting Community Proposals (Order 2009-7-
11).
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation is soliciting proposals from
communities or consortia of communities interested in receiving a grant
under the Small Community Air Service Development Program. The full
text of the Department's order is attached to this document. There are
two mandatory requirements for filing of applications, both of which
must be completed for a community's application to be deemed timely and
considered by the Department. The first requirement is the filing of an
Application for Federal Domestic Assistance (SF424) through https://www.grants.gov. The second is the submission of the community's
proposal as an attachment to its SF424. Applicants must complete a one-
time registration at https://www.grants.gov, a process required by
grants.gov that can take up to three weeks to complete. For this
reason, applicants should register with grants.gov as soon as possible
to
[[Page 34848]]
ensure they can meet the application deadline.
DATES: Grant proposals and the SF424 must be submitted no later than 5
p.m. Eastern Daylight Time (EDT), on August 28, 2009.
ADDRESSES: Interested parties must submit applications electronically
as an attachment to the SF424 through https://www.grants.gov. The
application should bear the title, ``Proposal under the Small Community
Air Service Development Program, Docket DOT-OST-2009-0149,'' as well as
(1) the name of the applicant community or consortium of communities,
(2) the legal sponsor and its DUNS number (including + 4), and (3) the
2-digit Congressional district code applicable to the sponsoring
organization and, if a consortium, to each participating community.
FOR FURTHER INFORMATION CONTACT: Aloha Ley, Office of Aviation
Analysis, 8th Floor, Room W86-310, 1200 New Jersey Ave., SE.,
Washington, DC 20590 (202) 366-2347.
Dated: July 10, 2009.
Christa Fornarotto,
Acting Assistant Secretary, for Aviation and International Affairs.
[GRAPHIC] [TIFF OMITTED] TN17JY09.165
In the Matter of Grant Applications; Small Community Air Service
Development Program; Under 49 U.S.C. 41743 et seq.; Order Soliciting
Community Grant Proposals
Overview
By this order, the Department invites proposals from communities
and/or consortia of communities interested in obtaining a Federal grant
under the Small Community Air Service Development Program (Small
Community Program) to address air service and airfare problems in their
communities. Proposals must be submitted in the above-referenced docket
no later than 5 p.m., Eastern Daylight Time (EDT), on August 28, 2009.
Applicants must first register with https://www.grants.gov before
submitting an Application for Federal Domestic Assistance (SF424), a
standard Federal government grant application form, and must include
their proposals as an attachment to the SF424. An application will not
be deemed complete until and unless all required materials are filed by
the August 28, 2009, deadline. Communities are reminded to register
with Grants.gov early in the application period since the mandatory
grants.gov registration process can take up to three weeks to complete.
Tutorials and other guidance for completing the required registration
and application procedures are available at the ``Applicant Resources''
page of Grants.gov.\1\
---------------------------------------------------------------------------
\1\ See https://www07.grants.gov/applicants/app_help_reso.jsp.
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Funding Opportunity
The Small Community Program was established under the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (AIR-21),
Public Law 106-181, and reauthorized under the Vision 100--Century of
Aviation Reauthorization Act, Public Law 108-176 (Vision 100). The
program is designed to provide financial assistance to small
communities to help them enhance their air service. The Department
provides this assistance in the form of financial grants that are
disbursed on a reimbursable basis.\2\ Under the Omnibus Appropriations
Act, 2009 (Pub. L. 111-8), the Department received up to $8 million to
carry out the Small Community Program.\3\
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\2\ For detailed background on the Small Community Program, see
our Web site at: https://ostpxweb.dot.gov/aviation/X-50%20Role_files/smallcommunity.htm.
\3\ Program funding for this year may be affected by a provision
that directs the Secretary to transfer funds from any program within
or administered by the Office of the Secretary to the Essential Air
Service program if that program does not have sufficient funds to
meet its statutory obligations. In addition, a portion of the funds
available for the Small Community Program are used by the Department
for grants-management purposes.
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The program is limited to a maximum of 40 grant awards, with a
maximum of four grants per State, in each year the program is funded.
There are no limits on the amounts of individual awards, and the
amounts awarded will vary depending upon the features and merits of the
proposals selected. Over the past eight years, the Department's
individual grants have ranged from $20,000 to nearly $1.6 million.
Authorized grant projects may include activities that extend over a
multi-year period under a single grant award; however, grant funds are
to be used in a timely manner. Generally speaking, individual grant
awards have not exceeded a three-to-four-year period.
Eligibility Information
Who Is Eligible To Apply for a Grant?
Basic criteria. Eligible applicants are those communities that (1)
are served by an airport that was not larger than a small hub airport
for calendar year 1997 \4\ and (2) have insufficient air service or
unreasonably high airfares. Communities that do not currently have
commercial air service are also eligible, but they must have met or be
able to meet in a reasonable period all necessary requirements of the
Federal Aviation Administration for the type of service involved in
their grant proposals. Communities served by medium and large hubs are
not eligible to apply.
---------------------------------------------------------------------------
\4\ The hub classifications are based on the Federal Aviation
Administration's CY 1997 enplanement data.
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Essential Air Service communities may apply. Small communities that
meet the basic criteria and currently receive subsidized air service
under the Essential Air Service (EAS) program are eligible to apply for
funds under the Small Community Program. Indeed, a number of EAS-
subsidized communities applied in past years and some have received
grant awards. However, grant awards to EAS-subsidized communities are
limited to marketing or promotion projects that support existing or
newly subsidized air services. Grant funds will not be authorized for
EAS-subsidized communities to support any new air service. Furthermore,
no funds will be authorized to support additional flights by EAS
carriers or changes to those carriers' existing schedules. These
restrictions are necessary to avoid conflicts with the EAS program.
Additional consideration for communities/members of consortia that
have previously received a grant. Communities or members of a consortia
that were awarded grants in previous years and want to apply for a
grant this year should be aware that (1) they are precluded from
seeking new funds for projects for which they have already received an
award under the Small Community Program and (2) they cannot accept a
new grant while they are a party to an existing grant under the
program, either as an individual community or as a member of a
consortium.
Grant must be for a new project. No community may participate in
the program in support of the same project more than once. 49 U.S.C.
41743(c)(4). In assessing whether a previous grantee's current proposal
represents a new project, we would compare the goals and objectives of
the earlier grant, including the key components of the means by which
those goals and objectives were to be achieved, to the current
proposal. For example, if a community received an earlier grant to
support a revenue guarantee for service to a particular destination or
direction,
[[Page 34849]]
a new application for another revenue guarantee for the same service
would be disqualified under Sec. 41743(c), even if the revenue
guarantee were structured differently or the type of carrier were
different. However, we do not read Sec. 41743(c) to disqualify a new
application for service to a new destination or direction using a
revenue guarantee, or for general marketing of the airport and the
various services it offers. We recognize, for example, that not all
revenue guarantees or marketing agreements are of the same nature, and
that if a subsequent proposal incorporates different goals or
significantly different components, it may be sufficiently different to
constitute a new project under Sec. 41743(c).
In its application, a community that is a previous grant recipient
should compare and contrast its proposed project with its previously
funded one(s) to demonstrate why its latest proposal represents a new
project. Communities should also note that in each of the prior six
years of the program, interest in participation exceeded both the funds
available and the number of communities that could take part in any one
year. For this reason, the fact that a community has already received
one or more grants will be a consideration when comparing its new
proposal with those of other applicant communities.
No concurrent grants are permitted. A community or member of a
consortia may participate in the program a subsequent time only after
its participation in a prior grant has terminated. 49 U.S.C.
41743(c)(4). Simply stated, a community can have only one Small
Community Program grant at any time. If a grant applicant is applying
for a subsequent grant and its current grant has not yet expired, it
must notify the Department of its intent to terminate the current grant
prior to entering into the new grant. In addition, for grant applicants
that are members of a consortia grant, permission must be granted from
both the grant sponsor and the Department to withdraw from the current
grant prior to being eligible to receive a subsequent grant.
Subsidies for a carrier to compete against an incumbent raise
concerns. The Department is reluctant to subsidize one carrier but not
others in a competitive market. For this reason, communities that
propose to use the grant funds for service in a city-pair market that
is already served by a carrier must explain in detail why the existing
service is insufficient or unsatisfactory, or provide other compelling
information to support such proposals. This information is necessary
for the Department to consider the competitive implications of giving
financial or other tangible incentives for one carrier that the other
carrier is not receiving.
Subsidy proposals should reflect market analysis and a
complementary marketing commitment. A thorough understanding of the
target market is essential for the ultimate success of new or expanded
air service. Likewise, the chances that such a service will become
self-sustaining are enhanced when its implementation is supported by a
well-designed marketing campaign. For these reasons, communities
requesting funds for a revenue guarantee/subsidy/financial incentive
are encouraged to include in their proposals an in-depth analysis
evidencing close familiarity with their target markets. Such
communities also are encouraged to designate in their proposals a
portion of their requested funds for the development and implementation
of a marketing plan in support of the service sought.
A consortium is more than a collection of communities. The statute
permits individual communities and consortia of communities to apply
for grant awards under this program. In some instances in the past,
several communities in a State have filed a single application as a
``consortium,'' but in effect the application was a collection of
individual community requests involving different projects. We do not
view this as a consortium. Rather, an application representing a
consortium would be one that facilitates efforts of communities working
together toward a joint grant project. For example, several communities
surrounding an airport may apply together to improve air services at
that airport, or surrounding airports may work together to provide
regional air service.
Multiple applications by a community will not be considered. The
Department requests that communities file only one application for a
grant. In the past, some communities have filed both individual
applications and applications as part of a consortium. In many cases
these applications have involved the same project at the same or
different funding levels. We will not consider the stand-alone
application if a community is also submitting a largely identical
request as part of a consortium. To the extent that a community files
separately and as part of a consortium for complementary projects--for
example, one for a revenue guarantee and one for marketing--we will
consider such proposals. However, communities should be aware that they
can receive only one grant, either the stand-alone grant or as a member
of a consortium, because no community can have concurrent grants.
Cost Sharing and Local Contributions Are Important Factors
The statute does not require communities to contribute toward a
grant project, but those communities that contribute from local sources
other than airport revenues are accorded priority consideration. One
core objective of the Small Community Program is to promote community
involvement in addressing air service/air fare issues through public/
private partnerships. As a financial stakeholder in the process, the
community gains greater control over the type, quality, and success of
the air service initiatives that will best meet its needs, and
demonstrates a greater commitment towards achieving the stated goals.
The Department has historically received many more applications than
can be accommodated and nearly all of those applications have proposed
a community financial contribution to the project. Thus, proposals that
do not propose a community financial contribution will be at a
competitive disadvantage.
Types of contributions. Contributions should represent a new
financial commitment or new financial resources devoted to attracting
new or improved service, or addressing specific high-fare or other
service issues, such as improving patronage of existing service at the
airport. Contributions from already-existing programs or projects
(e.g., designating a portion of an airport's existing annual marketing
budget to the project) are considered less favorably than contributions
for new and innovative programs or projects. For those communities that
propose to contribute to the grant project, that contribution can be in
the following forms:
Cash from non-airport revenues. A cash contribution can include
funds from the State, the County or the local government, and/or from
local businesses, or other private organizations in the community.
Contributions that are comprised of intangible non-cash items, such as
the ``value'' of donated advertising, are considered ``in-kind''
contributions (see further discussion below).
Cash from airport revenues. This includes contributions from funds
generated by airport operations. Airport revenues may not be used for
revenue guarantees to airlines.\5\ Community
[[Page 34850]]
proposals that include local contributions based on airport revenues do
not receive priority consideration for selection.
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\5\ 49 U.S.C. 47107, 47133.
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In-Kind Contributions from the airport. This can include such items
as waivers of landing fees, terminal rents, fuel fees, and/or vehicle
parking fees.
In-Kind Contributions from the community. This can include such
items as donated advertising from media outlets, catering services for
inaugural events, or in-kind trading, such as advertising in exchange
for free air travel. Travel banks and travel commitments/pledges are
considered to be in-kind contributions,\6\ as are reduced fares offered
by airlines.
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\6\ A travel ``bank'' involves the actual deposit of funds from
participating parties (e.g., businesses, individuals) into a
designated bank account for the purpose of purchasing air travel on
the selected airline, with defined procedures for the subsequent use
or withdrawal of those funds under an agreement with the airline.
Often, however, what communities refer to as a travel ``bank'' in
reality involves travel ``pledges'' from businesses in the community
without any collection of funds or formal procedures for use of the
funds. As with other types of in-kind contributions, the Department
views travel banks and pledges included in grant proposals as an
indicator of local community support.
---------------------------------------------------------------------------
Cash vs. in-kind contributions. Only expenditures of cash
contributions will be eligible for reimbursement. ``In-kind'' or non-
cash contributions, which encompass property or services contributed by
non-Federal third parties without charge to the grantee, are not
eligible. Because they are not reimbursable, in-kind contributions are
not considered as part of the community's cash financial contribution
to the project. Of course, communities should include any in-kind
contributions in their proposals and are encouraged to offer in-kind
inducements as an extra incentive to facilitate air service/fare
improvements. While these contributions will not be considered as part
of the community's cash contribution toward the project on which
reimbursements are made, they will be considered as illustrative of the
community's overall commitment to the proposed grant project. If there
is any question about whether a proposed contribution would be
considered as ``in-kind'' or cash, the applicant should contact the
Department before submitting its proposal.
Financial commitments must be fulfilled. Applicant communities
should also note that, as part of the grant agreement between the
Department and the community, the community has legally committed
itself to fulfilling its proposed financial contribution to the project
and that its failure to meet this commitment could lead the Department
to terminate the grant. Community participation in all aspects of the
proposal, including the financial aspects, is critical to the success
of the authorized project initiative. As with the grant awards in past
years, receipt of the full Federal contribution awarded will thus be
linked to the community's fulfillment of its financial contribution.
Furthermore, communities cannot propose a certain level of cash
contribution from non-airport sources, and subsequent to being awarded
a grant, seek to substitute or replace that contribution with either
``in-kind'' contributions or contributions from airport revenues, or
both. Given the statute's priority for contributions from non-airport
sources and the competitive nature of the selection process, a
community's grant award could be reduced or terminated altogether if it
is unable to replace the committed funds from non-airport revenue
sources.
Application and Submission Information
Filing Deadline and Procedures
Grant applications are due by 5 p.m. EDT on August 28, 2009. As
part of the submission process, an applicant must register as a grant
applicant at https://www.grants.gov and complete the Application for
Federal Domestic Assistance form SF424. An applicant must also include
its grant proposal as an attachment to its SF424. In addition, the
cover page of each application should contain the information specified
under ``Cover page contents,'' below. Questions regarding the program
should be directed to the Office of Aviation Analysis on (202) 366-2347
or aloha.ley@dot.gov. Communities not previously registered are
encouraged to register with Grants.gov early during the application
period because the registration and SF424 application process required
by www.grants.gov can take up to three weeks to complete. A community
may file its proposal anytime after the initial registration process
has been completed on https://www.grants.gov as long as the entire
application is filed by August 28, 2009. Communities are encouraged to
contact the Grants.gov help desk for any technical assistance in filing
their applications.
SF424 required. To comply with the Grants.gov initiative, a mandate
of the President's Management Agenda, all applicants must submit form
SF424, Application for Federal Domestic Assistance, found on https://www.grants.gov. Further, grant proposals must be submitted as an
attachment to the SF424. An application will NOT be deemed complete
unless the SF424 and the attached proposal have been submitted through
Grants.gov by the 5 p.m. EDT, August 28, 2009, deadline.
Applicants must complete a mandatory one-time registration process
in order to submit the SF424 application. This mandatory grants.gov
registration process can take up to three weeks to complete, depending
on the type of organization and whether all steps are met in a timely
manner. For this reason, communities intending to file applications
should register with grants.gov as soon as possible to ensure they can
meet the application deadline. The Grants.gov ``Applicant Resources''
page (https://www07.grants.gov/applicants/app_help_reso.jsp) provides
instructions and guidance on completing the registration and
application processes.
Cover page contents. The cover page for all applications should
bear the title ``Proposal Under the Small Community Air Service
Development Program, Docket DOT-OST-2009-0149'' and should include:
(1) The name of the community or consortium of communities applying
for the grant;
(2) The legal sponsor and its Dun and Bradstreet (D&B) Data
Universal Numbering System (DUNS) number, including + 4; and
(3) The 2-digit Congressional district code applicable to the
sponsoring organization and, if a consortium, to each participating
community.
Confidential treatment of information. Applicants will be able to
provide certain information relevant to their proposals on a
confidential basis. Under the Department's Freedom of Information Act
regulations (49 CFR 7.17), such information is limited to commercial or
financial information that, if disclosed, would either likely cause
substantial harm to the competitive position of a business or
enterprise or make it more difficult for the Federal Government to
obtain similar information in the future.
Applicants seeking confidential treatment of a portion of their
applications must segregate the confidential material in a sealed
envelope marked ``Confidential Submission of X (the applicant) in
Docket DOT-OST-2009-0149,'' and include with that material a request in
the form of a motion seeking confidential treatment of the material
under 14 CFR 302.12 (Rule 12) of the Department's regulations. The
applicant should submit an original and two copies of its motion and an
original and two copies of the confidential material
[[Page 34851]]
in the sealed envelope. The confidential material should not be
included with the original of the applicant's proposal that is
submitted via https://www.grants.gov. The applicant's original
submission, however, should indicate clearly where the confidential
material would have been inserted. If an applicant invokes Rule 12, the
confidential portion of its filing will be treated as confidential
pending a final determination. All confidential material must be
received by August 28, 2009, and delivered to the Office of Aviation
Analysis, 8th Floor, Room W86-310, 1200 New Jersey Ave., SE.,
Washington, DC 20590.
Types of Projects and Application Content
The statute is very general about the types of projects that can be
authorized so that communities are provided flexibility in addressing
their particular air service and airfare issues. Because circumstances
may differ among communities, applicants have some latitude in
identifying their own objectives and developing strategies for
accomplishing them.
One objective of the Small Community Program is to help communities
secure enhancements that will be responsive to their air
transportation/air fare needs on a long-term basis after the financial
support of the grant has ended. There are many ways that a community
might enhance its current air service or attract new service, such as:
Promoting awareness among residents of locally available
service;
Attracting a new carrier through revenue guarantees or
operating cost offsets;
Attracting new forms of service, such as on-demand air
taxi service;
Offering an incumbent carrier financial or other
incentives to lower its fares, increase its frequencies, add new
routes, or deploy more suitable aircraft, including upgrading its
equipment from turboprops to regional jets;
Combining traffic support from surrounding communities
with regionalized service through one airport; or
Providing local ground transportation service to improve
access to air service to the community and the surrounding area.\7\
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\7\ These examples are illustrative only and are not meant as a
list of projects favored by the Department. Interested communities
can view actual proposals submitted in prior years. Go to https://www.regulations.gov and, under ``Search,'' enter one of the
following depending on the desired filing year: DOT-OST-2002-11590,
DOT-OST-2003-15065, DOT-OST-2004-17343, DOT-OST-2005-20127, DOT-OST-
2006-23671; DOT-OST-2007-27370 and DOT-OST-2008-0100 for proposals
filed in 2002, 2003, 2004, 2005, 2006, 2007 and 2008, respectively.
---------------------------------------------------------------------------
Communities are encouraged to be innovative and to consider a wide
range of initiatives and air transportation services in developing
their proposals, such as intermodal or regional solutions. At the same
time, proposals must not be general, vague, or unsupported. The more
highly defined and focused the proposal, the more competitive it will
be, particularly in light of the priority consideration afforded by the
statute to those applicants that can use the funds in a timely manner.
49 U.S.C. 41743(c)(5)(E).
There is no set format that must be used in submitting grant
proposals. At a minimum, however, a proposal must provide the following
information:
A description of the community's existing air service,
including the carrier(s) providing service, service frequency, direct
and connecting destinations offered, available fares, and equipment
types.
A synopsis of the community's historical service,
including destinations, traffic levels, service providers, and any
extenuating factors that might have affected traffic in the past or
that can be expected to influence service needs in the near to
intermediate term.
A description of the community's air service development
efforts over the past five years and the results of those efforts. Many
communities have been active on an on-going basis for many years in air
service development efforts, while others are just beginning. To the
extent that a community has previously engaged in other air service
initiatives, including through public/private partnerships, it should
describe those efforts and their results in its grant proposal. The
description should include marketing and promotional efforts of airport
services as well as efforts to recruit additional or improved air
service and airfare initiatives.
A description of the community's air service needs or
deficiencies. A community should submit any information about (1) major
origin/destination markets that are not now served or are not served
adequately, and (2) fare levels that the community deems relevant to
consideration of its grant request, including market analyses or
studies demonstrating an understanding of local air service needs.
A strategic plan for meeting those needs under the Small
Community Program, including the community's specific project goal(s)
and detailed plan for attaining such goal(s). Plans should:
[cir] Clearly identify the target audience of each component of the
proposed transportation initiative, including all advertising and
promotional efforts.
[cir] Set forth a realistic timetable for implementation of the
grant project. Because the statute includes timely use of the grant
funds as a priority consideration, a community must have a well-
developed project plan and a detailed timetable for implementing that
plan. In establishing the timetable, however, the community should be
realistic about its ability to meet its project deadlines.\8\
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\8\ The projected timetable will be an integral part of the
grant agreements between the selected communities and the
Department. Therefore, there is no advantage to a community in
proposing an aggressive timetable that cannot be met, and there may
be disadvantages if the community finds that it cannot meet its
timetable. Communities should carefully consider all factors
affecting implementation of their projects and develop realistic
timeframes for achieving those objectives, keeping in mind that
authorized projects generally have averaged three to four years.
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[cir] For proposals involving new or improved service, explain how
the service will become self-sufficient. Under the statute, a community
cannot seek grant funding in subsequent years in support of the same
project. Moreover, in developing a proposal, it is important that a
community seriously consider the scale of its proposed project and the
timetable for achieving it. To the extent that a proposed project is
dependent upon or relevant to the completion of other federally funded
capital improvement projects, the community should provide a
description of, and the construction time-line for, those projects,
keeping in mind the statutory requirement to use Small Community
Program funding in a timely manner.
[cir] Fully and clearly outline the goals and objectives sought to
be achieved; e.g., ``to broaden the awareness by residents in the Tri-
County area of the various services provided by passenger carriers at
the Tri-County airport,'' or ``to obtain new and affordable service to
a hub airport in a direction where there is no such service.'' When an
application is selected, these goals and objectives will be
incorporated into the grant agreement and define its basic project
scope. Once an agreement is signed, if circumstances change and an
amendment is sought to allow for different activities or a different
approach, the Department will look to whether the change being sought
is consistent with those fundamental project goals and objectives.
Proposed changes that would alter those fundamental goals and
objectives cannot be authorized, because doing so would
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undermine the competitive nature of the selection process. Applicants
are also encouraged to include in their proposals alternative or back-
up strategies for achieving their desired goals and objectives. By
incorporating such information into the grant agreement, desired
changes may be accommodated.
[cir] If the applicant received a Small Community Program grant in
the past, explain how its proposed project differs from its earlier one
by comparing and contrasting project goals, objectives and methods of
achieving them.
A description of any public-private partnership that will
participate in the project. Full community involvement is a key aspect
of the Small Community Program. The statute gives a priority to those
communities that already have established, or will establish, a public-
private partnership to facilitate air service to the public. The
proposal should fully describe the public-private partnership that will
participate in the community's proposal and how the partnership will
actively participate in the implementation of the proposed project. In
addition, applicants should identify each member of the partnership,
the role that each will play, and the specific responsibilities of each
member in project implementation. If the application does not include
specific information on the partnership participation in the project,
the Department will not be able to evaluate how well a community has
met this consideration, and the applicant will not be deemed to have
met this priority consideration in the Department's evaluation of the
community's proposal.
A detailed description of the funding necessary for
implementation of the community's project, including the Federal and
non-Federal contributions. Proposals should clearly identify the level
of Federal funding sought. They should also clearly identify the
community's cash contributions to the proposed project, ``in-kind''
contributions from the airport, and ``in-kind'' contributions from the
community. Cash contributions from airport revenues should be
identified separately from cash contributions from other community
sources. Similarly, cash contributions from the State and/or local
government should be separately identified and described.
Applicant communities should be aware that, if awarded a grant, the
Department will not reimburse the community for pre-award expenses such
as the cost of preparing the grant application or for any expenses
incurred prior to the community executing a grant agreement with the
Department. In addition, 10 percent of the grant funds will be withheld
until the Department receives the final report of the grant project.
See ``Award Administration Information,'' below.
An explanation of how the community will ensure that its
own funding contribution is spent in the manner proposed.
Descriptions of how the community will monitor the
progress of the grant project and the identity of critical milestones
to be met during the life of the grant, including the need to modify or
discontinue funding if identified milestones cannot be achieved. This
is an important component of the community's proposal and serves to
demonstrate the thoroughness of the community's planning of the
proposed grant project.
A description of how the community plans to continue with
the project if it is not self-sustaining after the grant award expires.
A particular goal of the Small Community Program is to provide long-
term, self-sustaining improvements to air service at small communities.
A community cannot seek further grant funding in support of the same
project. 49 U.S.C. 41743(c)(4). It is possible that a new or improved
service at a community will be well on its way to becoming self-
sustaining, but not have reached that goal before the grant expires.
Similarly, it is possible that extensive marketing and promotional
efforts may be in process, but not have been completed at the end of
the grant period and will require continued support. Therefore, in
developing its proposal, the community should carefully consider and
describe in detail its plans for providing continued financial support
for the project after the grant funding is no longer available. This
aspect of the application reflects on the community's commitment to the
grant project and is an important component to the Department's
consideration of the community's proposal for selection for a grant
award.
Designation of a legal sponsor responsible for
administering the program. The legal sponsor of the grant project must
be a government entity. If the applicant is a public-private
partnership, a public government member of the organization must be
identified as the community's sponsor to receive program
reimbursements. In this regard, communities can designate only a single
government entity as the legal sponsor, even if applying as consortium,
that consists of two or more local government entities. Private
organizations cannot be designated as the legal sponsor of a grant
under the Small Community Program.\9\
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\9\ The community has the responsibility to ensure that the
recipient of any funding has the legal authority under State and
local laws to carry out all aspects of the grant.
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Air Service Development Zone Designation
The statute authorizing the Small Community Program also provides
that the Department will designate one of the grant recipients in the
program as an Air Service Development Zone (ASDZ). Because a previous
grant recipient is still active as an ASDZ designee, the Department is
not required by the statute to make another ASDZ designation in the FY
2009 round of awards. However, communities are welcome to apply for the
designation, as described below.
The purpose of the designation is to provide communities interested
in attracting business to the area surrounding the airport or in
developing land-use options for the area with an opportunity to work
with the Department on means to achieve those goals. There are no
additional funds associated with this designation, and applying for the
designation will provide no special benefit or preference to a
community in receiving a grant award under the Small Community Program.
If selected, the Department will assist the designated community in
establishing contacts with and obtaining advice and assistance from
appropriate government agencies, including the Department of Commerce
as well as other offices within the Department of Transportation, and
in identifying other pertinent resources that may aid the community in
its efforts to attract businesses and to develop land-use options. The
community receiving the designation (if any) will be responsible for
developing, implementing, and managing activities related to the air
service development zone initiative. Only communities that are
interested in these objectives and have a plan to accomplish them
should consider applying for the designation since none is required.
Grant applicants interested in being selected for the Air Service
Development Zone designation must include in their applications a
separate section, titled, Support for Air Service Development Zone
Designation. That section should include:
Detailed information regarding the property and facilities
available for development such as an existing airpark or land for such
an airpark near or adjacent to the local airport;
[[Page 34853]]
The other modes of transportation that would be available
to support additional economic development, such as rail, road, and/or
water access;
Information concerning historic, existing, and any future
business activity in the area that would support further development;
Demographic information concerning the community and its
environs relevant to the developmental efforts, including population,
employment, and per capita income data;
Information as to whether the community has or had applied
to other State or Federal agencies for economic assistance in the
previous five years, including the Economic Development Administration
of the United States Department of Commerce, and if so whether its
application(s) were approved and the result, if any, of the assistance
provided; and
Any other information that the community believes is
relevant to its plans to enhance air service development.
The community should provide as detailed a plan as possible,
including the goals it expects to achieve from the air service
development zone designation and the types of activities on which it
would like to work with the Department in achieving those goals. The
community should also indicate whether further local government
approvals are required in order to implement the proposed activities,
and, if so, the projected timeframe under which decisions on
applications would be expected.
Application Review Information
The Department will carefully review each proposal, and the staff
may contact applicants if clarification is needed. The grant awards
will be made as quickly as possible so that communities awarded grants
can complete the grant agreement process and proceed to implement their
plans. Pending unforeseen circumstances, the grant selection process
should be completed by December 2009. Given the competitive nature of
the grant process, the Department will not meet with grant applicants
with respect to their grant proposals. The Department's selection of
communities for grant awards will be based on the communities' written
submissions.
Priority factors considered. The law directs the Department to give
priority consideration to those communities or consortia where: \10\
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\10\ 49 U.S.C. 41743(c)(5).
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Air fares are higher than the national average air fares
for all communities;
The community or consortium will provide a portion of the
cost of the activity from local sources other than airport revenue
sources;
The community or consortium has established or will
establish a public-private partnership to facilitate air carrier
service to the public;
The assistance will provide material benefits to a broad
segment of the traveling public, including business, educational
institutions, and other enterprises, whose access to the national air
transportation system is limited; and
The assistance will be used in a timely manner.
Additional factors considered. Applications will be evaluated
against the priority considerations listed above. Our experience has
been that more applications are received than can be funded under the
Small Community Program. Consequently, consistent with the criteria
stated above, the selection process will take into consideration such
additional factors as:
The relative size of each applicant community;
The geographic location of each applicant, including the
community's proximity to larger centers of air service and low-fare
service alternatives;
The community's existing level of air service and whether
that service has been increasing or decreasing;
Whether the community's proposal, if successfully
implemented, could serve as a working model for other communities;
Current demographic indicators for the community, such as
population, income and business activity;
The community's demonstrated commitment to and
participation in the proposed grant project;
The grant amount requested compared with total funds
available for all communities;
The proposed Federal grant amount requested compared with
the local share offered;
Whether the community has a realistic plan to use the
funds in a timely manner;
The uniqueness of an applicant's claimed problems and
whether the proposed project addresses those problems;
The extent to which the applicant's proposed solution(s)
to solving the problem(s) is new or innovative;
Whether the community's proximity to an existing grant
recipient could impact its proposal; and
Whether the applicant community has previously received a
grant award under this program and, if so, whether its application
includes an explanation of how the community's proposed project differs
from its previously funded project.
Full community participation is a key goal of this program as
demonstrated by the statute's focus on local contributions and active
participation in the project. Therefore, applications that demonstrate
broad community support will be more attractive. For example,
communities providing proportionately higher levels of cash
contributions from other than airport revenues will have more
attractive proposals. Communities that provide multiple levels of
contributions (cash and in-kind contributions) also will have more
attractive proposals. Similarly, communities that demonstrate
participation in the development and execution of the proposed air
service project will enhance the attractiveness of their proposals. In
this regard, the Department welcomes letters of intent from airlines on
behalf of community proposals that are specifically intended to enlist
new or expanded air carrier presence. Such letters will be accorded
greater credence when authorized by airline planning departments.
Proposals that offer innovative solutions to the transportation
issues facing the community will be more attractive. Small communities
have faced many problems retaining and improving their air services and
in coping with air fares that are higher than typical for larger
communities. Therefore, proposals that offer new, creative approaches
to addressing these problems, to the extent that they are reasonable,
will have their attractiveness enhanced. Proposals that provide a well-
defined plan, a reasonable timetable for use of the grant funds, and a
plan for continuation and/or monitoring of the project after the grant
expires also will have greater attractiveness.
Award Administration Information
The Department will announce its grant selections in a selection
order, which will be served on each grant recipient, all other
applicants, and all parties served with this solicitation order. The
selection order will also be posted in the Docket at https://www.regulations.gov and on the Department's Web page.
Grant agreement. Communities awarded grants are required to execute
a grant agreement with the Department before they begin to spend funds
under the grant award. Grant funds will be provided on a reimbursable
basis only, with reimbursements made only for
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expenses incurred and billed during the period that the grant agreement
is in effect. Applicants should not assume they have received a grant,
nor should they obligate or spend local funds prior to receiving and
fully executing a grant agreement with the Department. Expenditures
made prior to the execution of a grant agreement, including costs
associated with preparation of the grant application, will not be
reimbursed. Moreover, there are numerous assurances that grant
recipients must sign and honor when Federal funds are awarded. All
communities receiving a grant under the Small Community Program will be
required to accept the responsibilities of these assurances and to
execute the assurances when they execute their grant agreements. Copies
of the applicable assurances are available for review on the
Department's Web page at https://ostpxweb.dot.gov/aviation/X-50%20Role_files/smallcommunity.htm#Funds (click on ``FAA Grant Assurances'').
Grantee reports. The grant agreement between the Department and
each selected community will require the submission of quarterly
reports on the progress the community has made during the previous
quarter in implementing its grant project. In addition, the grant
agreement will require the submission on a quarterly or other time-
specific basis other materials relevant to the grant project, such as
copies of advertising and promotional material and copies of contracts
with consultants and service providers. In addition, each community
will be required to submit a final report on its project to the
Department, and 10 percent of the grant funds will not be reimbursed to
the community until such final report is received.
Cost reimbursement. Communities will be permitted to seek
reimbursement of project implementation costs on a regular basis. The
frequency of such requests will be established in the grant agreement,
which will be tailored to the specific features of the community's
grant project. In most cases, reimbursements will be made on a monthly
basis. In this regard, the Department will provide the grant recipient
communities with details and procedures for securing reimbursements
electronically.
Grant amendments. A grantee may wish to amend its agreement with
the Department in the event of a change in circumstances after the date
the agreement is executed. Typically, amendments involve an extension
to the time period for completing the grant or a change in the types of
activities authorized for reimbursement under the goals and objectives
(``project scope'') of the grant agreement. Grantees are cautioned,
however, that the Department cannot authorize amendments that are
incompatible with the scope of the agreement. For example, a grant
awarded solely for the purpose of developing an airport marketing plan
cannot be amended to permit subsidization of an air carrier's startup
costs, since the latter was never contemplated by the original
agreement.
Grantees are also advised that the Department will not extend the
expiration date of an agreement simply to allow more time for a
community to solicit air carriers for new air service. Many grants have
been awarded for the purpose of subsidizing new or additional air
service for a small community, with the goal of that service becoming
self-sustaining by the end of the subsidy period. In virtually all
cases, the community seeking the grant funds received expressions of
interest from one or more air carriers. In some instances, these
expressions of interest failed to pan out and the community was left
without any immediate prospects, at which time it asked for a grant
extension to allow more time to pursue other carriers. Because the
Department is charged by law to consider timely use of funds when
selecting grant recipients, the Department will grant an extension only
when the community can provide strong evidence of a firm commitment on
the part of an air carrier to deliver the desired service.
To avoid misunderstandings, grantees contemplating amendments to
their agreements are urged to discuss their situations with the Small
Community Program staff before requesting a formal amendment.
This order is issued under authority delegated in 49 CFR 1.56a(f).
Accordingly,
1. Community proposals for funding under the Small Community Air
Service Development Program should be submitted via https://www.grants.gov as an attachment to the SF424 no later than August 28,
2009; and
2. This order will be published in the Federal Register and also
will be served on the Conference of Mayors, the National League of
Cities, the National Governors Association, the National Association of
State Aviation Officials (NASAO), the Association of County Executives,
the American Association of Airport Executives (AAAE), and the Airports
Council International--North America (ACI), and posted on https://www.grants.gov.
By:
Christa Fornarotto,
Acting Assistant Secretary for Aviation and International Affairs.
Appendix A--Small Community Air Service Development Program
United States Code Annotated
Title 49. Transportation
Subtitle VII. Aviation Programs
Part A. Air Commerce and Safety
Subpart II. Economic Regulation
Chapter 417. Operations of Carriers
Subchapter II. Small Community Air Service
Sec. 41743. Airports Not Receiving Sufficient Service
(a) Small community air service development program.--The
Secretary of Transportation shall establish a program that meets the
requirements of this section for improving air carrier service to
airports not receiving sufficient air carrier service.
(b) Application required.--In order to participate in the
program established under subsection (a), a community or consortium
of communities shall submit an application to the Secretary in such
form, at such time, and containing such information as the Secretary
may require, including--
(1) An assessment of the need of the community or consortium for
access, or improved access, to the national air transportation
system; and
(2) An analysis of the application of the criteria in subsection
(c) to that community or consortium.
(c) Criteria for participation.--In selecting communities, or
consortia of communities, for participation in the program
established under subsection (a), the Secretary shall apply the
following criteria:
(1) Size.--For calendar year 1997, the airport serving the
community or consortium was not larger than a small hub airport,
and--
(A) Had insufficient air carrier service; or
(B) Had unreasonably high air fares.
(2) Characteristics.--The airport presents characteristics, such
as geographic diversity or unique circumstances, that will
demonstrate the need for, and feasibility of, the program
established under subsection (a).
(3) State limit.--Not more than 4 communities or consortia of
communities, or a combination thereof, from the same State may be
selected to participate in the program in any fiscal year.
(4) Overall limit.--No more than 40 communities or consortia of
communities, or a combination thereof, may be selected to
participate in the program in each year for which funds are
appropriated for the program.
No community, consortia of communities, or combination thereof
may participate in the program in support of the same project more
than once, but any community, consortia of communities, or
combination thereof may apply, subsequent to such participation, to
participate in the program in support of a different project.
(5) Priorities.--The Secretary shall give priority to
communities or consortia of communities where--
(A) Air fares are higher than the average air fares for all
communities;
[[Page 34855]]
(B) The community or consortium will provide a portion of the
cost of the activity to be assisted under the program from local
sources other than airport revenues;
(C) The community or consortium has established, or will
establish, a public-private partnership to facilitate air carrier
service to the public;
(D) The assistance will provide material benefits to a broad
segment of the traveling public, including business, educational
institutions, and other enterprises, whose access to the national
air transportation system is limited; and
(E) The assistance will be used in a timely fashion.
(d) Types of assistance.--The Secretary may use amounts made
available under this section--
(1) To provide assistance to an air carrier to subsidize service
to and from an underserved airport for a period not to exceed 3
years;
(2) To provide assistance to an underserved airport to obtain
service to and from the underserved airport; and
(3) To provide assistance to an underserved airport to implement
such other measures as the Secretary, in consultation with such
airport, considers appropriate to improve air service both in terms
of the cost of such service to consumers and the availability of
such service, including improving air service through marketing and
promotion of air service and enhanced utilization of airport
facilities.
(e) Authority to make agreements.--
(1) In general.--The Secretary may make agreements to provide
assistance under this section.
(2) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary $20,000,000 for fiscal year 2001,
$27,500,000 for each of fiscal years 2002 and 2003, and $35,000,000
for each of fiscal years 2004 through 2008 to carry out this
section. Such sums shall remain available until expended.
(f) Additional action.--Under the program established under
subsection (a), the Secretary shall work with air carriers providing
service to participating communities and major air carriers (as
defined in section 41716(a)(2)) serving large hub airports to
facilitate joint-fare arrangements consistent with normal industry
practice.
(g) Designation of responsible official.--The Secretary shall
designate an employee of the Department of Transportation--
(1) To function as a facilitator between small communities and
air carriers;
(2) To carry out this section;
(3) To ensure that the Bureau of Transportation Statistics
collects data on passenger information to assess the service needs
of small communities;
(4) To work with and coordinate efforts with other Federal,
State, and local agencies to increase the viability of service to
small communities and the creation of aviation development zones;
and
(5) To provide policy recommendations to the Secretary and
Congress that will ensure that small communities have access to
quality, affordable air transportation services.
(h) Air Service Development Zone.--The Secretary shall designate
an airport in the program as an Air Service Development Zone and
work with the community or consortium on means to attract business
to the area surrounding the airport, to develop land use options for
the area, and provide data, working with the Department of Commerce
and other agencies.
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