[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22376-22378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8961]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2012-0233]
Airport Improvement Program (AIP) Grant Assurances
AGENCY: Federal Aviation Administration (FAA).
ACTION: Notice of modification of Airport Improvement Program grant
assurances; opportunity to comment.
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SUMMARY: On February 14, 2012, the FAA Modernization and Reform Act of
2012 was signed into law (Pub. L. 112-95). Provisions contained in this
law necessitate modifications to five grant assurances.
DATES: The effective date the modifications to the grant assurances is
April 13, 2012. The FAA will consider comments on the modifications to
the grant assurances. If necessary, any appropriate revisions resulting
from the comments received will be adopted as of the date of a
subsequent publication in the Federal Register. Comments must be
submitted on or before May 14, 2012.
ADDRESSES: You may send comments [identified by Docket Number FAA-2012-
0233] using any of the following methods:
Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
Fax: 1-202-493-2251.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Frank San Martin, Manager, Airports
Financial Assistance, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591, telephone (202) 267-3831; facsimile:
(202) 267-5302.
Authority for Grant Assurance Modifications
This notice is published under the authority described in Subtitle
VII, Part B, Chapter 471, Sections 47107 and 47122 of Title 49 United
States Code.
SUPPLEMENTARY INFORMATION: A sponsor (applicant) seeking financial
assistance
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for airport planning, airport development, noise compatibility planning
or noise mitigation under 49 U.S.C., as amended must agree to comply
with certain assurances. These assurances are submitted as part of a
sponsor's application for federal assistance and are incorporated into
all grant agreements. As need dictates, these assurances are modified
to reflect new federal requirements. Notice of such modifications is
published in the Federal Register, and an opportunity for public
comment is provided.
The assurances, prior to the FAA Modernization and Reform Act of
2012 (Pub. L. 112-95), were published on February 3, 1988, at 53 FR
3104 and amended on September 6, 1988, at 53 FR 34361; on August 29,
1989, at 54 FR 35748; on June 10, 1994 at 59 FR 30076; on January 4,
1995, at 60 FR 521; on June 2, 1997, at 62 FR 29761; on August 18,
1999, at 64 FR 45008; on March 29, 2005 at 70 FR 15980; and on March
18, 2011, at 76 FR 15028.
A complete list of the current grant assurances can be viewed at:
http://www.faa.gov/airports/aip/grant_assurances/
Discussion of Grant Assurance Modifications
The FAA is modifying five grant assurances to conform with the FAA
Modernization and Reform Act of 2012 (Pub. L. 112-95) (hereinafter
``FMRA'' or ``the Act''). The FAA will implement these modified grant
assurances upon publication of this notice to expedite processing
fiscal year 2012 grants under the Airport Improvement Program. The FAA
will accept public comments concerning these modified grant assurances
for 30 days. If necessary, in response to comments received, the FAA
will also adopt any appropriate revisions to these grant assurance
modifications.
Through-the-Fence Arrangements
Section 136 of the FMRA amends the statutory conditions for project
grant approval to permit sponsors of general aviation airports to enter
into residential through-the-fence arrangements. The FAA is amending
paragraph (g) of Sponsor Assurance 5, Preserving Rights and Powers, to
conform to this change in the law. Additionally, the FAA is amending
paragraph (a) of Sponsor Assurance 29, Airport Layout Plan, to require
that all proposed and existing access points used to taxi aircraft
across the airport property's boundary be depicted on the airport
layout plan (ALP). This includes all residential and commercial
through-the-fence access points at both general aviation and commercial
service airports. ALP depiction of existing access points can be made
through pen-and-ink changes. ALP depiction of residential through-the-
fence access points at general aviation airports will facilitate the
FAA's ability to enforce the requirements included in Section 136.
Use of Airport Revenues
Sections 149 and 813 of the Act modify the statutory grant
assurances on use of airport revenue to add two new exceptions. The FAA
is revising Sponsor Assurance 25 to incorporate these new statutory
exceptions relating to use of proceeds from the sale of an airport and
use of revenues derived or generated by mineral extraction. To make
this assurance easier to understand, the FAA reorganized paragraph (a)
of Sponsor Assurance 25 by taking the grandfathering exception set
forth at the end of paragraph (a) and making it a new subparagraph
(a)(1). The two new statutory exceptions are then stated verbatim as
separate new subparagraphs (a)(2) and (3).
Veteran's Preference
Section 139 expands the statutory grant assurance regarding
veteran's preference to include Persian Gulf veterans, Afghanistan-Iraq
war veterans, and small business concerns owned and controlled by
disabled veterans. FAA has revised Sponsor Assurance 15, Veteran's
Preference, to include these changes verbatim.
Costs of Relocating or Replacing Sponsor-Owned Property
Sections 135(a) and 138(c) of the FMRA revise the statutory grant
assurance relating to airport layout plans to provide that a sponsor
does not have to bear all costs of relocating property or its
replacement and of restoring the property or its replacement to the
level that existed before the alteration was made in certain
circumstances. The FAA has added this exception to paragraph (b) of
Sponsor Assurance 29, Airport Layout Plan, to incorporate this
statutory change.
Disposal of Land
Section 135(b) of the Act makes several changes to the statutory
assurances regarding disposal of land relating to noise buffers and
leasing of land for noise compatibility purposes and preferences for
reinvesting or transferring proceeds from disposal of land. These
changes have been included in paragraphs (a) and (b) of Sponsor
Assurance 31, Disposal of Land.
In consideration of the above, the FAA makes the following changes:
C. Sponsor Certification. The sponsor hereby assures and
certifies, with respect to this grant that:
* * * * *
5. Preserving Rights and Powers.
* * * * *
g. Sponsors of commercial service airports will not permit or
enter into any arrangement that results in permission for the owner
or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any
location on airport. Sponsors of general aviation airports entering
into any arrangement that results in permission for the owner of
residential real property adjacent to or near the airport must
comply with the requirements of Sec. 136 of Public Law 112-95 and
the sponsor assurances.
* * * * *
15. Veteran's Preference. It shall include in all contracts for
work on any project funded under this grant agreement which involve
labor, such provisions as are necessary to insure that, in the
employment of labor (except in executive, administrative, and
supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans,
disabled veterans, and small business concerns owned and controlled
by disabled veterans as defined in Section 47112 of Title 49, United
States Code. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which
the employment relates.
* * * * *
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on
aviation fuel established after December 30, 1987, will be expended
by it for the capital or operating costs of the airport; the local
airport system; or other local facilities which are owned or
operated by the owner or operator of the airport and which are
directly and substantially related to the actual air transportation
of passengers or property; or for noise mitigation purposes on or
off the airport. The following exceptions apply to this paragraph:
(1) If covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing statutes
controlling the owner or operator's financing, provide for the use
of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport
but also the airport owner or operator's general debt obligations or
other facilities, then this limitation on the use of all revenues
generated by the airport (and, in the case of a public airport,
local taxes on aviation fuel) shall not apply.
(2) If the Secretary approves the sale of a privately owned
airport to a public sponsor and provides funding for any portion of
the public sponsor's acquisition of land, this limitation on the use
of all revenues generated by the sale shall not apply to
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certain proceeds from the sale. This is conditioned on repayment to
the Secretary by the private owner of an amount equal to the
remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1, 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
(3) Certain revenue derived from or generated by mineral
extraction, production, lease, or other means at a general aviation
airport (as defined at Section 47102 of title 49 United States
Code), if the FAA determines the airport sponsor meets the
requirements set forth in Sec. 813 of Public Law 112-95.
* * * * *
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan
of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all
offsite areas owned or controlled by the sponsor for airport
purposes and proposed additions thereto; (2) the location and nature
of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars, and
roads), including all proposed extensions and reductions of existing
airport facilities; (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon; and (4)
all proposed and existing access points used to taxi aircraft across
the airport's property boundary. Such airport layout plans and each
amendment, revision, or modification thereof, shall be subject to
the approval of the Secretary which approval shall be evidenced by
the signature of a duly authorized representative of the Secretary
on the face of the airport layout plan. The sponsor will not make or
permit any changes or alterations in the airport or any of its
facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility, or efficiency of
the airport.
b. If a change or alteration in the airport or the facilities is
made which the Secretary determines adversely affects the safety,
utility, or efficiency of any federally owned, leased, or funded
property on or off the airport and which is not in conformity with
the airport layout plan as approved by the Secretary, the owner or
operator will, if requested, by the Secretary (1) eliminate such
adverse effect in a manner approved by the Secretary; or (2) bear
all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs of restoring such
property (or replacement thereof) to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved
change in the airport or its facilities except in the case of a
relocation or replacement of an existing airport facility due to a
change in the Secretary's design standards beyond the control of the
airport sponsor.
* * * * *
31. Disposal of Land.
a. For land purchased under a grant for airport noise
compatibility purposes, including land serving as a noise buffer, it
will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time.
That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such
land will be, at the discretion of the Secretary, (1) reinvested in
another project at the airport, or (2) transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall
give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2)
reinvestment in an approved project that is eligible for grant
funding under Section 47117(e) of title 49 United States Code, (3)
reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114, 47115, or 47117 of
title 49 United States Code, (4) transferred to an eligible sponsor
of another public airport to be reinvested in an approved noise
compatibility project at that airport, and (5) paid to the Secretary
for deposit in the Airport and Airway Trust Fund. If land acquired
under a grant for noise compatibility purposes is leased at fair
market value and consistent with noise buffering purposes, the lease
will not be considered a disposal of the land. Revenues derived from
such a lease may be used for an approved airport development project
that would otherwise be eligible for grant funding or any permitted
use of airport revenue.
b. For land purchased under a grant for airport development
purposes (other than noise compatibility), it will, when the land is
no longer needed for airport purposes, dispose of such land at fair
market value or make available to the Secretary an amount equal to
the United States' proportionate share of the fair market value of
the land. That portion of the proceeds of such disposition which is
proportionate to the United States' share of the cost of acquisition
of such land will, (1) upon application to the Secretary, be
reinvested or transferred to another eligible airport as prescribed
by the Secretary. The Secretary shall give preference to the
following, in descending order: (1) Reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project
that is eligible for grant funding under Section 47117(e) of title
49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under
Sections 47114, 47115, or 47117 of title 49 United States Code, (4)
transferred to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that
airport, and (5) paid to the Secretary for deposit in the Airport
and Airway Trust Fund.
* * * * *
Issued in Washington, DC on April 10, 2012.
Benito De Leon,
Director, Office of Airport Planning and Programming.
[FR Doc. 2012-8961 Filed 4-12-12; 8:45 am]
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