[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Notices]
[Pages 30350-30351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12375]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2012-0547]


Airport Improvement Program (AIP) Use of Mineral Revenue at 
Certain Airports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of guidance; opportunity to comment.

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SUMMARY: On February 14, 2012, the FAA Modernization and Reform Act of 
2012 (FMRA) was signed into law (Pub. L. 112-95). Section 813 permits 
the Administrator of the Federal Aviation Administration (FAA) to 
declare certain revenue derived from or generated by mineral 
extraction, production, lease, or other means at a general aviation 
airport to be revenue greater than the amount needed to carry out the 
five-year projected maintenance needs of the airport in order to comply 
with the applicable design and safety standards of the Administration. 
Although the FMRA directed the FAA to promulgate regulations to carry 
out Section 813 not later than 90 days after the date of enactment, the 
authorizing committees agreed to support the FAA's request to issue 
guidance in lieu of a formal rulemaking due to the time limits imposed 
by the statute. This notice contains the FAA's proposed guidance 
developed to carry out Section 813 and offers the public an opportunity 
to comment.

DATES: The effective date of this guidance is May 22, 2012. The FAA 
will consider comments on this guidance. 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 June 21, 2012.

ADDRESSES: You may send comments [identified by Docket Number FAA-2012-
0547] 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

[[Page 30351]]

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: Randall S. Fiertz, Director, Office of 
Airport Compliance and Management Analysis, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591, 
telephone (202) 267-3085; facsimile: (202) 493-1416.

SUPPLEMENTARY INFORMATION: A sponsor (applicant) seeking financial 
assistance 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 include 
certain prohibitions on the use of airport revenue. On April 13, 2012, 
the FAA published modifications to this assurance at 77 FR 22376. 
Specifically, paragraph (a)(3) of Sponsor Assurance 25 permits the FAA 
to exempt 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 Section 813 of Public Law 112-95.
    A complete list of the current grant assurances can be viewed at: 
http://www.faa.gov/airports/aip/grant_assurances/.

Guidance Developed To Carry Out Section 813 of Public Law 112-95

    Airport Sponsor Actions: Airport sponsors seeking to exempt mineral 
revenue under Section 813 of Public Law 112-95 must submit a sponsor 
application. The application must include:
     A statutorily mandated five year capital improvement 
program, as set forth in FAA's Compliance Guidance Letter 2012-01 and 
Appendix B-1;
     An executed agreement including clauses pertaining to the 
sponsor's liability, funding waiver, revenue use, and airport use, as 
set forth in FAA's Compliance Guidance Letter 2012-01 and Appendix C-1;
     A statement with details identifying eligible projects and 
providing the necessary documentation to meet the thresholds set by 
statute for the use of the exempted revenue, as set forth in FAA's 
Compliance Guidance Letter 2012-01 and Appendix D-1 and Table D;
    FAA's Compliance Guidance Letter 2012-01 and applicable appendices 
may be found at: http://www.faa.gov/airports/airport_compliance/mineral_revenue.
    FAA Actions: FAA and, where applicable, block grant state personnel 
will begin working with airport sponsors interested in and eligible for 
the exemption prescribed under Section 813 of Public Law 112-95 to 
develop a proposed five-year capital improvement program inclusive of 
the items identified in the sponsor submission application, as set 
forth in FAA's Compliance Guidance Letter 2012-01 and Appendix B-1. At 
such time when the airport sponsor submits its application, the local 
FAA office will ensure the proposed five-year capital improvement 
program meets the statutorily mandated requirements. The local FAA 
office also will ensure the airport sponsor's application includes the 
required agreements and conditions. The local FAA office will forward 
the sponsor's application to the appropriate regional FAA office. The 
regional FAA office will notify the airport sponsor if the 
``application and requisite supporting documentation'' meet the 
statutory requirements. This notice commences FAA's 90-day clock to 
provide a determination on revenue exemption under this provision.
    For more details regarding FAA's internal procedures, see FAA's 
Compliance Guidance Letter 2012-01 and appendices, which may be found 
at: http://www.faa.gov/airports/airport_compliance/mineral_revenue.

    Issued in Washington, DC, on May 16, 2012.
Randall S. Fiertz,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2012-12375 Filed 5-21-12; 8:45 am]
BILLING CODE 4910-13-P