[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14149]
[[Page Unknown]]
[Federal Register: June 10, 1994]
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DEPARTMENT OF TRANSPORTATION
Federall Aviation Administration
Notice of Proposed Modification of Airport Improvement Program
Grant Assurances
AGENCY: Federal Aviation Administration (FAA), (DOT).
SUMMARY: The FAA proposes to modify the standard grant assurances
required of a sponsor receiving a grant under the Airport Improvement
Program (AIP). This modification is due to changes in existing
legislation. The Secretary of Transportation is required to provide
notice in the Federal Register and an opportunity for the public to
comment upon proposals to modify assurances or to require any
additional assurances under AIP pursuant to subsection 511(f) of the
Airport and Airway Improvement Act of 1982, as amended.
DATES: These proposed modifications to the Grant Assurances will be
effective July 11, 1994. Comments must be submitted on or before June
27, 1994.
ADDRESSES: Comments may be delivered or mailed to the FAA, Airports
Financial Assistance Division, APP-500, room 615, 800 Independence Ave,
SW., Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT:
Ms. Leslie S. Haener (Management and Program Analyst) Telephone (202)
267-5879.
SUPPLEMENTARY INFORMATION: The Secretary must receive certain
assurances from a sponsor (applicant) under the Airport and Airway
Improvement Act of 1982, as amended. These assurances are submitted as
part of a sponsor's application for Federal Assistance and are
incorporated in all grant agreements. The current assurances were
published on February 3, 1988, at 53 FR 3104 and amended on September
6, 1988, at 53 FR 34361, and on August 29, 1989, at 54 FR 35748. As
need dictates, these assurances are modified from time to time to
reflect new Federal requirements. Notice of such proposed modifications
are published in the Federal Register and an opportunity provided for
comment by the public. FAA is planning to modify the assurances
currently in use to reflect some changes in the general requirements.
FAA uses three separate sets of standard assurances: Airport
Sponsors (owners/operators); Planning Agency Sponsors; and Nonairport
Sponsors Undertaking Noise Compatibility Program Projects (herein after
referred to as Nonairport Sponsor Assurances).
Assurance 1, General Federal Requirements, of the Airport Sponsor
Assurances and Nonairport Sponsor Assurances is modified to add
Executive Order 12699--Seismic Safety of Federal and Federally Assisted
New Building Construction, to the Executive Orders section of both sets
of assurances. Further, Assurance 1 is modified to add 49 CFR part 41,
Seismic safety of Federal and federally assisted or regulated new
building construction, to the Federal Regulations section of both sets
of assurances.
Assurance 1 is also modified to add 49 CFR Part 20, New
restrictions on lobbying, to the Federal Regulations section of all
three sets of assurances. The addition of this regulation will
alleviate the need for project sponsors to file with the FAA, a
separate certification stating that they have not made, and will not
make, any payment prohibited by paragraph (a), Sec. 20.100 of 49 CFR
part 20. A disclosure of lobbying activities form, however, must still
be filed with the FAA if required by paragraph (c), Sec. 20.100 of 49
CFR part 20.
Assurance 1 of all three sets of assurances is also modified to
correct the titles of certain Federal Regulations.
Assurance 9 of the Airport Sponsor Assurances has been rewritten to
incorporate the provision of Public Law 102-581, which requires the
sponsor to certify that the airport management board either has voting
representation from the communities where the project is located or has
advised the communities that they have the right to petition the
Secretary concerning a proposed project.
Assurance 23 of the Airport Sponsor Assurances has been rewritten
to bring this assurance into conformance with section 511(a)(2) of the
Airport and Airway Improvement Act of 1982, as amended.
Assurance 26 of the Airport Sponsor Assurances has been rewritten
to incorporate the provision of Public Law 102-581, which requires that
the airport sponsor assure that a report of the airport budget is
available to the public at reasonable times and places.
Assurance 31 of the Airport Sponsor Assurances, and Assurance 20 of
the Nonairport Sponsor Assurances, titled Disposal of Land, have been
rewritten to incorporate the provisions of Public Law 101-236, which
relaxed the requirement that an airport sponsor must dispose of land
which was originally acquired with Federal grant funds for airport
development purposes but is no longer needed for such purposes.
Assurance 36 of the Airport Sponsor Assurances, Assurance 13 of the
Planning Agency Sponsor Assurances, and Assurance 22 of the Nonairport
Sponsor Assurances have been deleted. The grant applicant's
requirements for compliance are set forth in the Drug-Free Workplace
Act of 1988--41 U.S.C. 702 through 706 and 49 CFR Part 29--
Governmentwide debarment and suspension (non-procurement) and
governmentwide requirements for drug-free workplace (grants), which are
included in Assurance 1. Therefore a separate assurance detailing these
requirements is unnecessary.
Issued in Washington, DC on May 13, 1994.
Paul L. Galis,
Director, Office of Airport Planning and Programming.
Airport Improvement Program Grant Assurances
1. The Airport Sponsor Assurances are amended as follows:
a. Assurance C.1. is revised as follows:
C.1. General Federal Requirements
* * * * *
Executive Orders
Executive Order 12699--Seismic Safety of Federal and Federally Assisted
New Building Construction
Federal Regulations
f. 49 CFR Part 29--Governmentwide debarment and suspension (non-
procurement) and governmentwide requirements for drug-free workplace
(grants).
i. 29 CFR Part 3--Contractors and subcontractors on public building
or public work financed in whole or part by loans or grants from the
United States.
m. 49 CFR Part 41--Seismic safety of Federal and federally assisted
or regulated new building construction.
n. 49 CFR Part 20--New restrictions on lobbying.
b. Assurance 9 is revised to read:
9. Public Hearings. In projects involving the location of an
airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of
considering the economic, social, and environmental effects of the
airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community
and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such
projects, it has on its management board either voting representation
from the communities where the project is located or has advised the
communities that they have the right to petition the Secretary
concerning a proposed project.
c. Assurance 23 is revised to read:
23. 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, the providing of the services at an
airport by a single fixed-based 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-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such
services would require the reduction of space 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 conjunction
with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which 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 the Airport and Airway
Improvement Act of 1982.
d. Assurance 26 is revised to read:
26. Reports and Inspections. It will submit to the Secretary such
annual or special financial and operations reports as the Secretary may
reasonably request. A report of the airport budget will be available to
the public at reasonable times and places. For airport development
projects, it will also make the airport and all airport records and
documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for
inspection by any duly authorized agent of the Secretary upon
reasonable request. For noise compatibility program projects, it will
also 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.
e. Assurance 31 is revised to read:
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility
purposes, it will dispose of the land, when the land is no longer
needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds 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.
b. (1) 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.
(2) 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.
c. Disposition of such land under (a) or (b) 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 associated with operation of the airport.
f. Assurance 36 is deleted:
36. Drug-Free Workplace. It will provide a drug-free workplace at
the site of work specified in the grant application in accordance with
49 CFR part 29 by (1) publishing a statement notifying its employees
that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the sponsor's workplace
and specifying the action that will be taken against its employees for
violation of such prohibition; (2) establishing a drug-free awareness
program to inform its employees about the dangers of drug abuse in the
workplace and any available drug counseling, rehabilitation, and
employees' assistance programs; (3) notifying the FAA within 10 days
after receiving notice of an employee criminal drug statute conviction
for a violation occurring in the workplace; and (4) making a good faith
effort to maintain a drug-free workplace.
2. The Planning Agency Sponsor Assurances are amended as follows:
a. Assurance C.1. is revised as follows:
C. 1. General Federal Requirements
* * * * *
Federal Regulations
d. 49 CFR Part 29--Governmentwide debarment and suspension (non-
procurement) and governmentwide requirements for drug-free workplace
(grants).
n. 49 CFR Part 20--New restrictions on lobbying.
b. Assurance 13 is deleted:
13. Drug-Free Workplace. It will provide a drug-free workplace at
the site of work specified in the grant application in accordance with
49 CFR part 29 by (1) publishing a statement notifying its employees
that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the sponsor's workplace
and specifying the actions that will be taken against its employees for
violation of such prohibition; (2) establishing a drug-free awareness
program to inform its employees about the dangers of drug abuse in the
workplace and any available drug counseling, rehabilitation, and
employees' assistance programs; (3) notifying the FAA within 10 days
after receiving notice of an employee criminal drug statute conviction
for a violation occurring in the workplace; and (4) making a good faith
effort to maintain a drug-free workplace.
3. The Nonairport Sponsor Assurances are amended as follows:
a. Assurance C.1. is revised as follows:
C.1. General Federal Requirements
* * * * *
Executive Orders
Executive Order 12699--Seismic Safety of Federal and Federally Assisted
New Building Construction
Federal Regulations
f. 49 CFR Part 29--Governmentwide debarment and suspension (non-
procurement) and governmentwide requirements for drug-free workplace
(grants).
i. 29 CFR Part 3--Contractors and subcontractors on public building
or public work financed in whole or part by loans or grants from the
United States.
m. 49 CFR Part 41--Seismic safety of Federal and federally assisted
or regulated new building construction.
n. 49 CFR Part 20--New restrictions on lobbying.
b. Assurance 20 is revised to read:
20. 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.
b. Disposition of such land under (a) 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 associated with operation of the airport.
c. Assurance 22 is deleted.
22. Drug-Free Workplace. It will provide a drug-free workplace at
the site of work specified in the grant application in accordance with
49 CFR part 29 by (1) publishing a statement notifying its employees
that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the sponsor's workplace
and specifying the actions that will be taken against its employees for
violation of such prohibition; (2) establishing a drug-free awareness
program to inform its employees about the dangers of drug abuse in the
workplace and any available drug counseling, rehabilitation, and
employees' assistance programs; (3) notifying the FAA within 10 days
after receiving notice of an employee criminal drug statute conviction
for a violation occurring in the workplace; and (4) making a good faith
effort to maintain a drug-free workplace.
[FR Doc. 94-14149 Filed 6-9-94; 8:45 am]
BILLING CODE 4910-13-M