[Federal Register: August 24, 2004 (Volume 69, Number 163)]
[Notices]
[Page 52057-52063]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au04-106]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2004-18925]
Airport Improvement Program Grant Assurances; Proposed
Modifications and Opportunity To Comment
AGENCY: Federal Aviation Administration (FAA), U.S. DOT.
ACTION: Notice of modification of Airport Improvement Program grant
assurances and of the opportunity to comment.
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to modify the standard grant assurances that
are required of a sponsor before receiving a grant under the Airport
Improvement Program (AIP). Pursuant to applicable law, the Secretary of
Transportation is required to provide notice in the Federal Register
and to provide an opportunity for public comment on proposals to modify
the assurances and on proposals for additional AIP assurances.
Modifications to the AIP grant assurances are primarily being made
to remove grant assurances that govern the application and
implementation of an AIP project that expires with the completion of
the project and place them as grant agreement conditions or as
certifications as part of the application process. Minor technical
edits for clarification of certain assurances are also being proposed.
Also, a new assurance is being proposed regarding the statutory
requirement for Disadvantaged Business Enterprise (DBE) participation
in airport concessions. Previously this requirement was incorporated by
reference. Finally, two new assurances are being proposed as required
by Vision 100--Century of Aviation Reauthorization Act, (Public Law
(P.L.) 108-176).
The FAA also believes that it is appropriate to review and
revalidate the need for all of the assurances given the dynamic nature
of airport operations, needs and economics. Although the assurances are
generally verbatim restatements of current law, FAA believes it would
be most helpful for the public to assist FAA in this review by
soliciting comments about all of the assurances. Most assurances, if
the need for deletion or change is justified, will require statutory
change. FAA may use the public comments to justify future requests by
the agency for statutory changes.
DATES: Comments must be submitted on or before 30 calendar days
following publication in the Federal Register. Any necessary or
appropriate revision to the assurances resulting from the comments
received will be adopted as of the date of a subsequent publication in
the Federal Register. Finally, comments may be provided on the project-
related assurances and certifications FAA is proposing to convert into
grant conditions or certificates as listed in the table below. FAA
anticipated the wording of the future grant conditions/certifications,
which can be found at http://www.faa.gov/arp/pdf/assrnap.pdf, will be
unchanged except to the extent that some minor changes may be made due
to the new context for these conditions/certifications.
ADDRESSES: Comments may be delivered or mailed to the FAA, Airports
Financial Assistance Division, APP-500, Attn: Mr. Kendall Ball, Room
619, 800 Independence Ave., SW., Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT: Mr. Kendall Ball, Airport Improvement
Program Branch, APP 520, Airports Financial Assistance Division, Room
619, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone
(202) 267-7436.
SUPPLEMENTARY INFORMATION: The Secretary must receive certain
assurances from a sponsor (applicant) seeking financial assistance for
airport planning, airport development, noise compatibility planning or
noise mitigation under Title 49, U.S.C., as amended. These assurances
are submitted as part of a sponsor's application for Federal assistance
and are incorporated into all grant agreements. As need dictates, these
assurances are modified to reflect new Federal requirements. Notice of
such proposed modifications is published in the Federal Register, and
an opportunity for public comment is provided.
The current assurances 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; and on August 18,
1999, at 64 FR 45008.
Discussion of Modifications
In the past, FAA used four separate sets of standard assurances:
Airport Sponsors (owners/operators), Planning Agency Sponsors, Non-
Airport Sponsors Undertaking Noise Compatibility Program Projects
(hereinafter referred to as Non-Airport Sponsor Assurances), and State
Assurances (for the Block
[[Page 52058]]
Grant Program). Moreover, we included requirements for carrying out
AIP-funded projects as general grant assurances. From time to time,
this approach has led to confusion over the application of these
requirements to projects completed without AIP support. FAA is
modifying the assurances currently in effect to incorporate the changes
noted below.
To simplify the discussion, the modifications are shown in a table
format for comparison with existing assurances, which can be found at
http: //http://www.faa.gov/arp/pdf/assrnap.pdf. The disposition of each
assurance will be shown as: (a) Retention as an assurance with its
proposed new assurance number; (b) conversion to a certification to be
included with the application for Federal Assistance (Standard Form
424); or (c) conversion to a grant condition. Project related
assurances will be converted to certifications or grant conditions.
This change in approach will clarify those grant requirements that are
both project specific and expire upon the completion of the project.
This notice is not intended to change the manner in which grant
agreement obligations are enforced.
For the most part, assurances that are proposed for retention are
incorporated without change, however, there are some instances of
wording modifications for clarity that are noted in the table.
As a result of this proposed change, the assurances for Planning
Agency Sponsors and those for Non-Airport Undertaking Noise
Compatibility Program Projects will be eliminated and incorporated
either as grant application certifications or grant conditions since
all of the assurances are effective only for the duration of the
projects. In addition, two new assurances are added at the end as a
result of the recently enacted Public Law 108-176 and another assurance
was added in full text that was previously incorporated by reference.
Finally, old assurance number 31 (proposed new assurance c. 15) is
changed to reflect section 164 of Public Law 108-176, which permitted
expanded use of revenue from sale of land purchased for noise
compatibility purposes.
----------------------------------------------------------------------------------------------------------------
Assurance number Title Disposition
----------------------------------------------------------------------------------------------------------------
A............................... General..................... Retained as A. General, with minor addition of
block grant states in par. 1.
B............................... Duration and Applicability.. Retained as B. Duration and Applicability with
elimination of par. 3.
C. 1............................ General Federal Requirements Conversion to grant condition, new assurance for
the DBE concession requirement.
2............................... Responsibility and Authority Conversion to application certification.
of the Sponsor.
3............................... Sponsor Fund Availability... Conversion to application certification.
4............................... Good Title.................. Conversion to application certification;
clarification added to assurance c. 1 (see old
assurance no. 5 immediately below).
5............................... Preserving Rights and Powers Retained as assurance c. 1; clarifying change in
subparagraph (b) to include reference to Good
Title; delete provisions related to nonairport
local governments' receiving funding for noise
compatibility projects under former 5(c).
6............................... Consistency with Local Plans Conversion to application certification.
7............................... Consideration of Local Conversion to application certification.
Interest.
8............................... Consultation with Users..... Conversion to application certification.
9............................... Public Hearings............. Conversion to application certification.
10.............................. Air and Water quality Eliminated by P.L 108-176.
Standards.
11.............................. Pavement Preventive Retained as assurance c.2.
Maintenance.
12.............................. Terminal Development Conversion to application certification.
Prerequisites.
13.............................. Accounting System, Audit, Conversion to grant condition.
and Record Keeping
Requirements.
14.............................. Minimum Wage Rates.......... Conversion to grant condition.
15.............................. Veteran's Preference........ Conversion to grant condition.
16.............................. Conformity to Plans and Conversion to grant condition.
Specifications.
17.............................. Construction Inspection and Conversion to grant condition.
Approval.
18.............................. Planning Projects........... Conversion to grant condition.
19.............................. Operation and Maintenance... Retained as assurance c.3.
20.............................. Hazard Removal and Retained as assurance c.4.
Mitigation.
21.............................. Compatible Land Use......... Retained as assurance c.5.
22.............................. Economic Nondiscrimination.. Retained as assurance c.6. with clarifying
language.
23.............................. Exclusive Rights............ Retained as assurance c.7 with clarifying
language.
24.............................. Fee and Rental Structure.... Retitled and retained as assurance c.8.
25.............................. Airport Revenues............ Retitled and retained as assurance c.9.
26.............................. Reports and Inspections..... Par. (a), (c), and (d) retained as assurance
c.10; par. (b) revised.
27.............................. Use of Government Aircraft.. Retained as assurance c.11.
28.............................. Land for Federal Facilities. Retained as assurance c.12.
29.............................. Airport Layout Plan......... Retained as assurance c.13.
30.............................. Civil Rights................ Retained as assurance c.14.
31.............................. Disposal of Land............ Retained as assurance c.15, wording changed in
accordance with P.L. 108-176.
32.............................. Engineering and Design Conversion to grant condition.
Services.
33.............................. Foreign Market Restrictions. Conversion to grant condition.
34.............................. Policies, Standards, and Conversion to grant condition.
Specifications.
35.............................. Relocation and Real Property Conversion to grant condition.
Acquisition.
36.............................. Access by Intercity Buses... Retained as assurance c. 16.
37.............................. Disadvantaged Business Retained as assurance c. 19.
Enterprises.
New Assurance................... Hangar Construction......... New assurance c. 17.
New Assurance................... Competitive Access.......... New assurance c.18.
[[Page 52059]]
New Assurance................... Participation by Incorporated as full text in assurance c. 19.,
Disadvantaged Businesses in as subparagraph (b).
Airport Concessions
(previously incorporated by
reference).
----------------------------------------------------------------------------------------------------------------
In summary, of the 39 provisions of the existing airport sponsor
assurances, 19 will be retained as assurances, 12 will be converted to
grant conditions and 8 will be converted to application certifications.
One assurance was eliminated by Public Law 108-176, and three
additional assurances are proposed (two as a result of Public Law 108-
176 and one due to the need to provide full text for an assurance that
was previously incorporated by reference.)
Proposed Assurances
The assurances being proposed under this notice are as follows:
Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of
grant agreements for airport development, airport planning, and noise
compatibility program grants for airport sponsors and block grant
states.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the provisions
of Title 49, United States Code (U.S.C.), subtitle VII, as amended. As
used herein, the term ``public agency sponsor'' means a public agency
with control of a public-use airport; the term ``private sponsor''
means a private owner of a public-use airport; and the term ``sponsor''
includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated into, and become part of, the grant
agreement.
B. Duration and Applicability
1. Airport Development or Noise Compatibility Program Projects
Undertaken by a Public Agency Sponsor
The terms, conditions and assurances of the grant agreement shall
remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development
or noise compatibility program project, or throughout the useful life
of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty
(20) years from the date of acceptance of a grant offer of Federal
funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so
long as the airport is used as an airport. There shall be no limit on
the duration of the terms, conditions, and assurances with respect to
real property acquired with federal funds. Furthermore, the duration of
the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor
The preceding paragraph 1 also applies to a private sponsor except
that the useful life of project items installed within a facility or
the useful life of the facilities developed or equipment acquired under
an airport development or noise compatibility program project shall be
no less than ten (10) years from the date of acceptance of Federal aid
for the project.
C. Sponsor Assurances
The sponsor hereby assures and certifies, with respect to this
grant that:
1. Preserving Rights and Powers
(a) It will not take or permit any action that would operate to
deprive it of any of the rights and powers necessary to perform any or
all of the terms, conditions, and assurances in the grant agreement
without the written approval of the Secretary, and will act promptly to
acquire, extinguish, or modify any outstanding rights or claims of
right of others that would interfere with such performance by the
sponsor. This shall be done in a manner acceptable to the Secretary.
(b) It will maintain good title and not sell, lease, encumber, or
otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property
upon which Federal funds have been expended, for the duration of the
terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the Secretary
to be eligible under Title 49, U.S.C., to assume the obligations of the
grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert
in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee, all of the terms,
conditions, and assurances contained in this grant agreement.
(c) For noise compatibility program projects to be carried out on
privately owned property, it will enter into an agreement with the
property owner that includes provisions specified by the Secretary. It
will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the
agreement.
(d) If the sponsor is a private sponsor, it will take steps
satisfactory to the Secretary to ensure that the airport will continue
to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
(e) If an arrangement is made for management and operation of the
airport by any agency or person other than the sponsor or an employee
of the sponsor, the sponsor will reserve sufficient rights and
authority to ensure that the airport will be operated and maintained in
accordance with Title 49 U.S.C., the regulations and the terms,
conditions and assurances in the grant agreement, and shall ensure that
such arrangement also requires compliance therewith.
2. Pavement Preventive Maintenance
With respect to a project approved after January 1, 1995, for the
replacement or reconstruction of pavement at the airport, it assures or
certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such
program for the useful life of any pavement constructed, reconstructed
or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
3. Operation and Maintenance
(a) The airport and all facilities which are necessary to serve the
aeronautical users of the airport, other than facilities owned or
controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum
standards as may be required or
[[Page 52060]]
prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any activity or
action thereon which would interfere with its use for airport purposes.
It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood
conditions. Any proposal to close the airport temporarily for non-
aeronautical purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect
arrangements for:
1. Operating the airport's aeronautical facilities whenever
required;
2. Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3. Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the
airport be operated for aeronautical use during temporary periods when
snow, flood, or other climatic conditions interfere with such operation
and maintenance, repair, restoration, or replacement of any structure
or facility which is substantially damaged or destroyed due to an Act
of God or other condition or circumstance beyond the control of the
sponsor.
(b) It will suitably operate and maintain noise compatibility
program items that it owns or controls upon which Federal funds have
been expended.
4. Hazard Removal and Mitigation
It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be
adequately cleared and protected by removing, lowering, relocating,
marking, lighting, or otherwise mitigating existing airport hazards,
and by preventing the establishment or creation of future airport
hazards.
5. Compatible Land Use
It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land
adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including
landing and takeoff of aircraft. In addition, if the project is for
implementation of noise compatibility program measures upon which
Federal funds have been expended, it will not cause or permit any
change in land use, within its jurisdiction, that will reduce its
compatibility with respect to the airport.
6. Economic Nondiscrimination
(a) It will make the airport available as an airport for public use
on reasonable terms and without unjust discrimination to all types,
kinds and classes of aeronautical activities, including commercial
aeronautical activities offering services to the public at the airport.
(b) In any agreement, contract, lease, or other arrangement under
which the airport sponsor grants a right or privilege to conduct or to
engage in activity providing aeronautical services to the public at the
airport, the sponsor will insert and enforce provisions requiring the
contractor to:
1. Furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for
each unit of aeronautical service, provided that the service provider
may be allowed to make reasonable and uniformly applicable price
reductions for volume purchasers. Discounts may be offered on a basis
other than volume provided the basis is reasonable and justified.
(c) Each fixed-base operator at the airport shall be subject to the
same rates, fees, rentals, and other charges as are uniformly
applicable to all other fixed-base operators making the same or similar
uses of such airport and using the same or similar facilities.
(d) Each air carrier using such airport shall have the right to
service its own aircraft or to use any commercial aeronautical service
provider authorized or permitted by the airport sponsor to provide
aeronautical services.
(e) Each air carrier using such airport (whether as a tenant,
nontenant, or subtenant of another air carrier tenant) shall be subject
to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with
respect to facilities directly and substantially related to providing
air transportation as are applicable to all such air carriers making
similar use of such airport and using similar facilities, subject to
reasonable classifications such as tenants or nontenants and signatory
carriers or non-signatory carriers. Classification or status as tenant
or signatory shall not be unreasonably withheld by any airport provided
an air carrier assumes obligations substantially similar to those
obligations already imposed on air carriers in such classification or
status.
(f) It will not exercise or grant any right or privilege that
operates to prevent any person, firm, or corporation operating its own
aircraft on the airport from performing any services on its own
aircraft, including, but not limited to, maintenance, repair, and
refueling, provided that such service(s) are performed by the aircraft
operators own employees.
(g) If the airport sponsor elects to provide aeronautical services
to the public, it shall do so only on the same terms as are uniformly
applicable to other commercial aeronautical service providers
authorized by the airport sponsor to provide such services at the
airport. This assurance is not intended to prevent the airport sponsor
from invoking its propriety exclusive right to be the sole provider of
a given aeronautical service.
(h) The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may
be necessary for the safe and efficient operation of the airport.
(i) The sponsor may prohibit or limit any given type, kind or class
of aeronautical use of the airport if such action is necessary for the
safe operation of the airport or necessary to serve the civil aviation
needs of the public.
7. Exclusive Rights
It will permit no exclusive right for the use of the airport by any
person providing, or intending to provide, aeronautical services to the
public. For purposes of this paragraph, providing services at an
airport by a single fixed-base operator shall not be construed as an
exclusive right if both of the following apply:
(a) It would be unreasonably costly, burdensome, or impractical for
more than one fixed-base operator to provide such service(s), and
(b) Allowing more than one fixed-base operator to provide such
service(s) would require the reduction of space currently leased
pursuant to an existing agreement between such single fixed-based
operator and such airport.
It further agrees that it will not, either directly or indirectly,
grant or permit any person, firm, or corporation, the exclusive right
at the airport to conduct any aeronautical activities including, but
not limited to, charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of
aviation petroleum products whether or not conducted in
[[Page 52061]]
conjunction with other aeronautical activity, repair and maintenance of
aircraft, sale of aircraft parts, and any other activities that,
because of their direct relationship to the operation of aircraft, can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at
such an airport before the grant of any assistance under Title 49,
U.S.C.
8. Airport Revenue Generation
It will maintain a fee and rental structure for airport revenue
generation for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such factors as
the volume of traffic and economy of collection. Except for facilities
intended to be constructed for revenue production or the real property
upon which such facilities are constructed, no part of the Federal
share for an airport development project or an airport planning or
noise compatibility project for which a grant is made under Title 49,
U.S.C., the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate base in establishing fees, rates, and charges for
users of that airport.
9. Airport Revenue Use
(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 that 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.
However, 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.
(b) As part of the annual audit required under the Single Audit Act
of 1984, the sponsor will direct that the audit will review, and the
resulting audit report will provide an opinion concerning, the use of
airport revenue and taxes in paragraph (a), and indicating whether
funds paid or transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49 U.S.C. and any other
applicable provision of law, including any regulation promulgated by
the Secretary or Administrator.
(c) Civil penalties or other sanctions will be imposed for
violation of this assurance in accordance with the provisions of
Section 471207 of Title 49, U.S.C.
10. Reports and Inspections
It will:
(a) Submit to the Secretary such annual or special financial and
operations reports as the Secretary may reasonably request and make
such reports available to the public; make available to the public at
reasonable times and places a report of the airport budget in a format
prescribed by the Secretary;
(b) On request by an authorized agent of the Secretary, make
available for inspection records, documents, deeds, agreements,
regulations, cost allocation plans, budgets and other instruments of
the airport and sponsor affecting airport development projects and uses
of airport revenues.
(c) For noise compatibility program projects, make records and
documents relating to the project and continued compliance with the
terms, conditions, and assurances of the grant agreement including
deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the Secretary
upon reasonable request.
(d) In a format and time prescribed by the Secretary, provide to
the Secretary and make available to the public following each of its
fiscal years, an annual report listing in detail:
1. All amounts paid by the airport to any other unit of government
and the purposes for which each such payment was made; and
2. All services and property by the airport to other units of
government and the amount of compensation received for provision of
each such service and property.
11. Use by Government Aircraft
It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by
Government aircraft in common with other aircraft at all times without
charge, except, if the use by Government aircraft is substantial,
charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such
aircraft are in excess of those which, in the opinion of the Secretary,
would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that:
(a) Five (5) or more Government aircraft are regulatory based at
the airport or on land adjacent thereto; or
(b) The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the total
movement of Governmental aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
12. Land for Federal Facilities
It will furnish without cost to the Federal Government for use in
conjunction with any air traffic control or air navigation activities,
or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or
rights in buildings of the sponsor as the Secretary considers necessary
or desirable for construction, operation, and maintenance at Federal
expense of space or facilities for such purposes. Such areas, or any
portion thereof, will be made available as provided herein within four
months after receipt of a written request from the Secretary.
13. 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 office 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; and (3) the
location of all existing and proposed non-aviation areas and of all
existing improvements thereon. Such airport layout plans and each
amendment, revision ,or modification thereof, shall be subject to
[[Page 52062]]
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 that
are not in conformity with the airport layout plan, as approved by the
Secretary, and that 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 that the Secretary determines adversely affects the safety,
utility, or efficiency of any federally owned, leased, or funded
property on or off the airport and that 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.
14. Civil Rights
It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal
financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor
or any transferee for the longer of the following periods: (a) The
period during which the property is used for a purpose for which
Federal financial assistance is extended, or for another purpose
involving the provision of similar services or benefits, or (b) the
period during which the sponsor retains ownership or possession of the
property.
15. Disposal of Land
(a) For land purchased under a grant for airport noise
compatibility purposes, it will dispose of the land when the land is no
longer needed for such purposes at fair market value at the earliest
practicable time. That portion of the proceeds of such disposition
which is proportionate to the United States' share of acquisition of
such land will, at the discretion of the Secretary, (1) Be paid to the
Secretary for deposit in the Trust Fund, or (2) be reinvested in an
approved noise compatibility project, as prescribed by the Secretary,
including the purchase of nonresidential buildings or property in the
vicinity of residential buildings or property previously purchased by
the airport as part of a noise compatibility program.
(b) For land purchased under a grant for airport development
purposes (other than noise compatibility), it will, when the land is no
longer needed for airport purposes, dispose of such land at fair market
value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to
the United States' share of the cost of acquisition of such land will,
(a) Upon application to the Secretary, be reinvested in another
eligible airport improvement project or projects approved by the
Secretary at that airport or within the national airport system, or (b)
be paid to the Secretary for deposit in the Trust Fund if no eligible
project exists.
(c) Land shall be considered to be needed for airport purposes
under this assurance if (a) It may be needed for aeronautical purposes
(including runway protection zones) or serve as noise buffer land, and
(b) the revenue from interim uses of such land contributes to the
financial self-sufficiency of the airport. Further, land purchased with
a grant received by an airport operator or owner before December 31,
1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987,
was notified by the operator or owner of the uses of such land, did not
object to such use, and the land continues to be used for that purpose,
such use having commenced no later than December 15, 1989.
(d) Disposition of such land under (a), (b), or (c) will be subject
to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which
are compatible with noise levels and safety associated with operation
of the airport.
16. Access by Intercity Buses
The airport owner or operator will permit, to the maximum extent
practicable, intercity buses or other modes of transportation to have
access to the airport; however, it has no obligation to fund special
facilities for intercity buses or for other modes of transportation.
17. Hangar Construction
If the airport owner or operator and a person who owns an aircraft
agree that hangar is to be constructed at the airport for the aircraft
at the aircraft owner's expense, the airport owner or operator will
grant to the aircraft owner a long-term lease for the hangar that is
subject to such terms and conditions on the hangar as the airport owner
or operator may impose.
18. Competitive Access
(a) If the airport owner or operator of a medium or large hub
airport (as defined in section 47102 of title 49, U.S.C.) has been
unable to accommodate one or more requests by an air carrier for access
to gates or other facilities at that airport in order to allow the air
carrier to provide service to the airport or to expand service at the
airport, the airport owner or operator shall transmit a report to the
Secretary that--
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time frame within which, if any, the airport will be
able to accommodate the requests.
(b) Such report shall be due on either February 1 or August 1 of
each year if the airport has been unable to accommodate the request(s)
in the six-month period prior to the applicable due date.
19. Disadvantages Business Enterprise
(a) The recipient shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of any DOT-
assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The recipient shall take all necessary
and reasonable steps under 49 CFR Part 26 to ensure non discrimination
in the award and administration of DOT-assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved
by DOT, is incorporated by reference in this agreement. Implementation
of this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Part
26 and may, in appropriate cases, refer the matter for enforcement
under 18 U.S.C. 1001 and/or the
[[Page 52063]]
Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).
(b) The airport owner or operator will take necessary action to
ensure, to the maximum extent practicable, that at least 10 percent of
all businesses at the airport selling consumer products or providing
consumer services to the public are small business concerns (as defined
by regulations of the Secretary) owned and controlled by a socially and
economically disadvantaged individual (as defined in section 47113(a)
of title 49, U.S.C.) or qualified HUBZone small business concerns (as
defend in section 3(p) of the Small Business Act). In taking this
action, the airport owner or operator will be subject to the
requirements of 49 CFR Part 23 or subsequent regulations issued by the
Secretary to implement section 47107(e) of Title 49, U.S.C.
These proposed assurances will be issued pursuant to the authority
of title 49, U.S.C.
Upon acceptance of the Airport Improvement Program (AIP) grant by
an airport sponsor, the assurances become a contractual obligation
between the airport sponsor and the Federal government.
Dated: Issued in Washington, DC, on August 13, 2004.
Dennis E. Roberts,
Director, Office of Airport Planning and Programming.
[FR Doc. 04-19378 Filed 8-23-04; 8:45 am]
BILLING CODE 1505-01-M