76340 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Notices

of the ATNS to rigorously analyze

predicted noise exposures using

different altitude ceilings. Using a

research and development tool, FAA

analyzed data from a major airspace

project and proposed alternative that

reflected the largest proposed changes to

the current area airspace design. The

science-based study provided analysis

on the difference in noise screening

results by comparing results using an

18,000 feet AGL altitude ceiling with

results using 10,000, 12,000, 14,000, and

16,000 feet AGL. Completed in July

1999, the results revealed equivalent

predicted noise exposure values using a

10,000 feet ceiling as were predicted

using a 18,000 feet ceiling. In addition,

since the ATNS was implemented,

proposals to change air traffic

procedures have not identified 5 decibel

or greater changes at altitudes above

10,000 feet AGL.

The results of this analysis confirm

that an altitude cut-off of 10,000 feet

AGL has materially the same predictive

capability as the ATNS run to 18,000

feet AGL. The FAA has determined that

the public interest is served by this

action. The policy change enables the

Air Traffic Service to avoid

unproductive agency resource use;

further, the policy change enables

resource allocation to more timely

analysis of environmental conditions for

proposed airspace projects without

changing environmental protection and

consideration to affected communities.

Air Traffic Noise Screen Policy

Beyond the airport environs, aircraft

following air traffic routes and

procedures normally do not

significantly influence the noise

environment of underlying land uses.

Air traffic procedures for operations

over 3,000 feet AGL are normally

categorically excluded from

environmental assessment requirements

delineated in FAA Order 1050.1,

Environmental Impacts: Policies and

Procedures.

At the same time, in recognition that

some actions that are normally

categorically excluded can be highly

controversial on environmental

grounds, the FAA has developed the

ATNS which allows air traffic

specialists and planners to evaluate

potential noise impacts from proposed

air traffic changes. The ATNS is a

computerized noise screening procedure

that provides guidance to air traffic

managers in identifying air traffic

changes that will increase aircraft noise

exposure, and the possible need for an

environmental assessment.

The ATNS will be used to evaluate

proposed changes in arrival procedures

between 3,000 feet and 7,000 feet and

departure procedures between 3,000

and 10,000 feet AGL, for large civil jet

aircraft weighing over 75,000 pounds.

Where a proposed change would cause

an increase in noise of 5 dB DNL or

greater, FAA considers whether there

are extraordinary circumstances in

accordance with Order 1050.1 that

warrant preparation of an

environmental assessment.

Issued in Washington, DC November 30,

2000.

Nancy B. Kalinowski,

Deputy Program Director for Air Traffic

Airspace Management, ATA–1.

[FR Doc. 00–31090 Filed 12–5–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Pilot Program To Permit Cost-Sharing

of Air Traffic Modernization Projects

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of final program

guidance; request for sponsors’

expressions of interest for air traffic

modernization cost-sharing projects for

fiscal years 2001, 2002, and 2003.

SUMMARY: On August 14, 2000, the FAA

issued proposed program guidance on

Section 304 of the Wendell H. Ford

Aviation and Investment Reform Act for

the 21st Century (AIR–21), which

authorizes a pilot program for costsharing of air traffic modernization

projects. The FAA is now issuing final

program guidance and is requesting

sponsors’ expressions of interest for

cost-sharing projects for fiscal years

2001, 2002, and 2003. The comments

that the FAA received on the proposed

guidelines and FAA’s responses can be

found below under the heading

SUPPLEMENTARY INFORMATION. The

purpose of Section 304 is to improve

aviation safety and enhance mobility by

encouraging non-Federal investment on

a pilot program basis in critical air

traffic control facilities and equipment.

Under the pilot program, the Secretary

of Transportation may make grants to

eligible project sponsors for not more

than ten eligible projects, with each

project limited to Federal funding of

$15,000,000 and a 33 percent Federal

cost share. A project sponsor may be a

public-use airport (or a group of publicuse airports), or a joint venture between

a public-use airport (and a group of

public-use airports) and one or more

U.S. air carriers.

DATES: Initial sponsors’ expressions of

interest should be received by the FAA’s

Air Traffic System Requirements

Service on or before January 19, 2001.

ADDRESSES: Sponsors’ expressions of

interest should be mailed or delivered,

in duplicate, to the Federal Aviation

Administration, Air Traffic System

Requirements Service (ARS–1), Room

8206, 400 7th Street, SW, Washington,

DC 20590. Electronic submissions of

expressions of interests will not be

accepted. Deliveries may be made

between 8:30 a.m. and 5 p.m. weekdays,

except Federal holidays. An electronic

copy of this notice may be downloaded

using a modem and suitable

communications software from the FAA

regulations section of the FedWorld

electronic bulletin board service

(telephone: 703–321–3339) or the

Government Printing Office’s electronic

bulletin board service (telephone: 202–

512–1661).

FOR FURTHER INFORMATION CONTACT:

Ward Keech (202–267–3312) or Charles

Monico (202–267–9527), Office of

Aviation Policy and Plans (APO),

Federal Aviation Administration, 800

Independence Avenue, SW,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION

1. Background

In performing its mission of providing

a safe and efficient air transportation

system, the FAA operates and maintains

a complex air traffic control system

infrastructure. Section 304 of the

Wendell H. Ford Aviation and

Investment Reform Act for the 21st

Century (AIR–21) authorizes a pilot

program to permit cost-sharing of air

traffic modernization projects, under

which airports and airport/airline joint

ventures may procure and install

facilities and equipment in cooperation

with the FAA. The purpose of Section

304 is to improve aviation safety and

enhance mobility in the air

transportation by encouraging nonFederal investment on a pilot program

basis in critical air traffic control

facilities and equipment. The pilot

program is intended to allow project

sponsors to achieve accelerated

deployment of eligible facilities or

equipment, and to help expand aviation

infrastructure.

This notice responds to congressional

direction that the FAA issue advisory

guidelines on implementation of the

pilot program.

2. Responses to Comments Requested in

August 14, 2000 Federal Register Notice

The August 14, 2000, notice requested

comments on FAA’s proposed program

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Notices 76341

guidance. The comments that the FAA

received on the proposed guidelines and

FAA’s responses to those comments are

summarized below:

a. A commenter suggested that the

guidance should clearly allow and

explicitly acknowledge that project

facilities, equipment and automation

tools may or may not be transferred to

the FAA for operation and maintenance.

The commenter points out that the

proposed guidance did not exclude the

possibility that certain pilot projects

will not be transferred to the FAA for

operation and maintenance. The FAA

agrees with this comment. It was not the

intent of the stature or the FAA to

require project transfer. The FAA has

changed the guidance to clarify that the

project sponsor may elect to transfer or

not transfer the project to the FAA. The

FAA has also clarified the requirement

that, at the time of transfer, the project

should be operable and maintainable by

the FAA and should comply with FAA

Order 6700.20, Non-Federal

Navigational Aids and Air Traffic

Control Facilities, or any successor

Order then in effect. The FAA has also

clarified the requirement that, if the

project is not transferred to the FAA, the

sponsor remains liable for all operations

and maintenance costs, including the

costs of capital sustainment.

b. A commenter objected to the

proposed criterion that the project be

consistent with FAA’s air traffic

equipment/systems infrastructure and

architecture. The FAA does not concur.

It is essential that a pilot project be

compatible and consistent with FAA’s

air traffic equipment/systems

infrastructure and architecture because

FAA is statutorily liable for operating

and maintaining the project if the

sponsor elects to transfer it to the FAA.

c. A commenter objected to the

proposed criterion that the project be a

validated project of an FAA program.

The FAA does not concur. By statute,

funding to carry out the Federal share of

the program may be available from

amounts authorized to be appropriated

under 49 U.S.C. 48101(a) (FAA’s

Facilities and Equipment authorization)

for fiscal years 2001 through 2003.

Given that there are no specifically

appropriated funds for the pilot

program, FAA has chosen to limit pilot

program eligibility to validated projects

of FAA programs. To do otherwise

could result in Federal funding of pilot

program projects at the expense and

exclusion of non-pilot program projects

which are generally expected to yield

greater returns to the safety and

efficiency of the air transportation

system.

d. A commenter expressed concern

about the proposed criterion that project

hardware have a useful and expected

life of ten years or more. The commenter

noted that the requirement is

impractical as applied to commercial

off-the-shelf computers which cannot be

maintained cost-effectively for more

than 5 years or so after the purchase

date. The FAA acknowledges the merit

of this comment. The FAA has changed

the criterion to ‘‘the project should have

a useful and expected life of ten years

or more, notwithstanding the possible

need to replace project components

during its operating life.’’

3. Final Program Guidance

This section restates the statutory

language of AIR–21 Section 304 and

outlines FAA’s supplementary criteria

for the pilot program. FAA’s evaluation

and screening criteria are outlined in

Section 3.6 of this notice.

3.1 Eligible Project Sponsors

3.1.1 Statutory Provisions for Sponsor

Eligibility

The term ‘‘project sponsor’’ means a

public-use airport or a joint venture

between a public-use airport and one or

more air carriers.

3.1.2 Supplementary FAA Criteria for

Sponsor Eligibility

An eligible project sponsor is a

public-use airport (or group of airports),

either publicly or privately owned,

acting on its own or in a joint venture

with one or more U.S. air carriers. All

landing facilities meeting these criteria

are eligible, including but not limited to

commercial service airports, reliever

airports, general aviation airports,

heliports, etc. All eligible sponsors are

encouraged to participate.

3.2 Eligible Projects

3.2.1 Statutory Provisions for Project

Eligibility

The term ‘eligible project’ means a

critical project relating to the Nation’s

air traffic control system that is certified

or approved by the Administrator and

that promotes safety, efficiency, or

mobility. Such projects may include:

a. airport-specific air traffic facilities

and equipment, including local area

augmentation systems, instrument

landings systems, weather and wind

shear detection equipment, lighting

improvements, and control towers;

b. automation tools to effect

improvements in airport capacity,

including passive final approach

spacing tools and traffic management

advisory equipment; and

c. facilities and equipment that

enhance airspace control procedures,

including consolidation of terminal

radar control facilities and equipment,

or assist in en route surveillance,

including oceanic and offshore flight

tracking.

The statute limits the pilot program to

10 eligible projects.

3.2.2 Supplementary FAA Criteria for

Project Eligibility

a. The project should be consistent

with FAA’s air traffic equipment/

systems infrastructure and architecture

and should be a validated project of an

FAA program. The project should be

initiated within two years of project

approval and completed/commissioned

within five years of project approval

(allowing for an environmental impact

study (if necessary), acquisition, supply

support, training programs, etc.).

b. Equipment and facilities should

meet applicable FAA advisory circulars

nad specifications. New or modified

computer software is eligible if it meets

all other criteria.

c. The project should serve the

general welfare of the flying public; it

should not be used for the exclusive

interest of a for-profit entity.

d. Any facility/equipment acquired

under the project should be a new asset,

not an asset that the sponsor has already

acquired or committed to acquiring.

Either the FAA or the sponsor may use

its acquisition authority and acquisition

vehicles to procure and install facilities

and equipment under the pilot program.

In the case where the FAA manages the

procurement, existing FAA contracts

will be used where possible. Unless

otherwise stipulated in the agreement

executed between the sponsor and the

FAA, liability for cost over-runs will be

shared between the FAA and the

sponsor in accordance with their project

cost shares (however, the FAA’s total

cost share is limited by statute to

$15,000,000 per project). Equipment in

FAA’s inventory that has not been

previously adopted qualifies as eligible

equipment.

e. The project should have a useful

and expected life of ten years or more,

notwithstanding the possible need to

replace project components during its

operating life.

f. If a sponsor submits more than one

project nomination, each project should

form part or all of an integrated system.

g. A project may not be co-mingled

with other FAA cost-sharing programs

(e.g., the provisions of AIR–21 Section

131 that authorize cost-sharing

programs for airport traffic control tower

operations and construction).

76342 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Notices

h. All equipment and structures

should meet OSHA standards for

employee safety and fire protection.

Where land is involved, the property

should meet all environmental

compliance requirements, including

noise, hazardous material, property

access, and zoning rights.

i. A project may not create an increase

in the controller or airways facility

workforces during the pre-transfer

period (see section below titled

‘‘Transfer of Facility or Equipment to

FAA’’).

3.3 Funding

3.3.1 Statutory Provisions for Funding

The Federal share of the cost of an

eligible project carried out under the

pilot program shall not exceed 33

percent. No project may receive more

than $15,000,000 in Federal funding

under Section 4810(a) of Title 49,

United States Code (FAA’s Facilities

and Equipment appropriation). The

Secretary shall use amounts

appropriated under Section 48101(a) for

fiscal years 2001 through 2003 to carry

out the program.

The sponsor’s share of the cost of an

eligible project shall be provided from

non-Federal sources, including revenues

collected pursuant to Section 40117 of

Title 49, United States Code (passenger

facility charges).

3.3.2 Supplementary FAA Criteria for

Funding

FAA is not obligated to fund one-third

of the total projects costs; rather, FAA’s

share may not exceed this threshold.

The project sponsor must provide twothirds or more of the total project cost.

The Federal and non-Federal shares of

project cost may take the form of in-kind

contributions. If selected for the pilot

program, a sponsor may use passenger

facility charge (PFC) revenues to acquire

and install eligible facilities and

equipment, but not to fund their

operation or maintenance. Normal PFC

processing procedures under Federal

Aviation Regulation 14 CFR Part 158

will be used to approve the imposition

of a PFC or the use of PFC revenue as

the non-Federal share of a pilot program

project.

Project funding may be effected

through a grant, a cooperative

agreement, or other applicable

instrument. Non-Federal matching

contributions applied to any other

Federal project or grant may not be used

to satisfy the sponsor’s cost share under

this pilot program. FAA may utilize

equipment in its inventory that has not

been previously deployed.

The following criteria apply to the

calculation of the cost-sharing ratio:

a. Project costs are limited to those

costs that the FAA would normally

incur in conventional facilities and

equipment funding (e.g., if land/right-ofway must be acquired or leased for a

project, its cost can be included in the

cost-sharing ratio only if FAA would

otherwise incur it in conventional

program funding).

b. Operations and maintenance costs

of the project, both before and after any

sponsor-elected project transfer to the

FAA, will not be considered as part of

the cost-share contribution.

c. Non-federal funding may include

cash, substantial equipment

contributions that are wholly utilized as

an integral part of the project, and

personnel services dedicated to the

proposed project prior to

commissioning, as long as such

personnel are not otherwise supported

with Federal funds. The non-federal

cost may include in-kind contributions

(e.g., buildings). In-kind contributions

will be evaluated as to whether they

present a cost that FAA would

otherwise incur in conventional

facilities and equipment funding.

d. Aside from in-kind contributions,

only funds expended by the sponsor

after the project approval date will be

eligible for inclusion in the cost-sharing

ratio.

e. Unless otherwise specified by these

criteria, the principles and standards for

determining costs should be conducted

in accordance with OMB Circular A–87,

Cost Principles for State, Local, and

Indian Tribal Governments.

f. As with other U.S. DOT cost-sharing

grants, it is inappropriate for a

management/administrative fee to be

included as part of the sponsor’s

contribution. This does not prohibit

appropriate fee payments to vendors or

others that may provide goods or

services to support the project.

By statute, funding to carry out the

Federal share of the program may be

available from amounts authorized to be

appropriated under 49 U.S.C. 48101(a)

(FAA’s Facilities and Equipment

authorization) for fiscal years 2001

through 2003. FAA funding decisions

will be made in concert with the project

evaluation and project selection

processes discussed later in this notice.

FAA may choose to use specifically

appropriated funds, to re-program funds

from within existing facilities and

equipment project appropriations, or to

fund from within existing budget line

items.

The U.S. Department of

Transportation and the Comptroller

General of the United States have the

right to access all documents pertaining

to the use of Federal and non-Federal

contributions for selected projects.

Sponsors should maintain sufficient

documentation during negotiations and

during the life of the project to

substantiate costs.

3.4 Transfer of Facility or Equipment

to FAA

3.4.1 Statutory Provisions for Facility

or Equipment Transfer

Notwithstanding any other provision

of law, project sponsors may transfer,

without consideration, to the FAA,

facilities, equipment, and automation

tools, the purchase of which was

assisted by a grant made under this

section. The FAA shall accept such

facilities, equipment, and automation

tools, which shall thereafter be operated

and maintained by the FAA in

accordance with criteria of the FAA.

3.4.2 Supplementary FAA Criteria for

Facility or Equipment Transfer

Project transfer to the FAA will be at

the sponsor’s election. At the time of

transfer, the project should be operable

and maintainable by the FAA and

should comply with FAA Order

6700.20, Non-Federal Navigational Aids

and Air Traffic Control Facilities, or any

successor Order then in effect. If the

project is not transferred to the FAA, the

sponsor remains liable for all operations

and maintenance costs, including the

costs of capital sustainment.

In the event of transfer, software code,

data rights, and support tools should be

provided to the FAA at no cost to the

FAA.

3.5 Application Procedures

Application to the pilot program

consists of two phases, as described

below. The purpose of Phase 1 is to

allow the FAA to gauge the level of

interest, to provide preliminary

responses to potential sponsors without

causing applicant sponsors to expend

excessive resources on project

applications that have very limited

chances of acceptance because of need

or cost, and to plan for subsequent

program implementation. In Phase 2,

sponsors will provide more detailed

applications, and final FAA

evaluations/project selections will be

completed.

3.5.1 Phase 1: Sponsor’s Expression of

Interest

A Phase 1 expression of interest

should reflect a meaningful proposal

and should not be submitted by a

potential sponsor as a placeholder. The

Phase 1 submission is not binding but

it should reflect accurate estimates of

project cost and sponsor contributions.

Sponsors should submit written

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Notices 76343

expressions of interest in accordance

with the sections captioned ADDRESSES

and DATES earlier in this notice.

Electronic submissions will not be

accepted. A sponsor’s initial expression

of interest should include the following:

a. Identity of sponsor (including

point-of-contact’s name, mailing

address, telephone number, fax number,

and e-mail address) and all participating

authorities or entities in the case of joint

ventures.

b. Description and location of the

proposed project.

c. Statement of need for the project,

including a brief assessment of the

projected benefits—site-specific,

regional, and the national airspace

system.

d. Preferred project schedule,

including start date, completion date,

and any significant interim milestone

dates.

e. Statement of intent to transfer the

project to the FAA, including

envisioned date, or intent not to transfer

the project to the FAA.

f. Schedule of estimated project costs,

including, (1) Up-front costs divided

into proposed shares between the

sponsor and the FAA, and (2) annual

life-cycle operations and maintenance

costs (both before and after transfer if

the sponsor elects to transfer the project

to the FAA).

g. Self-assessment of the ability to

acquire and commit the non-Federal

share of funding.

The FAA will review and evaluate the

expressions of interest submitted during

Phase 1, using a panel of technical

program experts. The FAA will contact

the sponsor if it has questions or has

suggestions on how the sponsor may

improve its proposal. Following its

evaluations and preliminary selections,

the review panel will recommend to the

Director of FAA’s Airway Facilities

Service and the Director of FAA’s Office

of System Architecture and Investment

Analysis those applicant sponsors who

should be invited to participate in Phase

2, as described below. These officials

will notify and invite selected sponsors

to participate in Phase 2.

3.5.2 Phase 2: Formal Application and

Selection of Projects

During Phase 2 each sponsor that has

been invited to participate should

submit an expanded application with

the following elements: Project

Description, Economic Analysis,

Schedule, Financial Plan, Letter of

Commitment, and a Letter of

Acknowledgment/Support from the

applicable State Department of

Transportation and/or other appropriate

jurisdiction. The following subsections

describe the information needed by the

FAA to evaluate the merits of each

application.

a. Project Description: The project

description should contain: (1) The

identity of the submitting sponsor

(including point-of-contact’s name,

mailing address, telephone number, fax

number, and e-mail address) and all

participating authorities or entities in

the case of joint ventures; (2) project

name and location; and (3) a detailed

project description.

b. Economic Analysis: All

applications should describe the need

for the project and demonstrate its

safety, efficiency, capacity, productivity,

and other benefits, as applicable, at the

airport, regional, and system-wide

levels. The sponsor may conduct its

own analysis, may opt to summarize

existing analyses from FAA’s

acquisition management system, and/or

may use the investment criteria in FAA

Order 7031.2C, Airway Planning

Standard Number One. The analysis

should include a schedule of project

costs, including: (1) Up-front costs

broken down into proposed shares

between the sponsor and the FAA; and

(2) annual and life-cycle operations and

maintenance costs before and after

transfer to the FAA (if the sponsor elects

to transfer). The level of effort devoted

to the analyses should be tailored to the

scope and cost of the project. The

economic analyses should be consistent

with FAA guidance contained in Report

FAA–APO–98–4, Economic Analysis of

Investment and Regulatory Programs—

Revised Guide, and Report FAA–APO–

98–8, Economic Values for Evaluation of

Federal Aviation Administration

Investment and Regulatory Programs.

c. Schedule: the Schedule should list

all significant proposed project dates,

including the start date, completion

date, date of project transfer to the FAA

(if applicable), and key interim

milestone dates. Sponsors are reminded

that, at the time of transfer, the project

should be operable and maintainable by

the FAA and should comply with FAA

Order 6700.20, Non-Federal

Navigational Aids and Air Traffic

Control Facilities, or any successor

Order then in effect.

d. Financial Plan: The Financial Plan

should contain: (1) The proposed local

and Federal cost shares, (2) evidence of

the sponsor’s ability to provide funds

for its cost share (e.g., approved local

appropriation or Memorandum of

Agreement); and (3) any commitment

the sponsor might choose to offer for the

assumption and liability of cost

overruns aside from the liability

criterion provided earlier in this notice.

e. Letter of Commitment: Sponsors

should demonstrate a commitment to

the project, as evidenced by a Letter of

Commitment signed by all project

participants (including any participating

air carriers). The letter should, at a

minimum, include a list of the

participating agencies and organizations

in the proposed project; the roles,

responsibilities and relationship of each

participant; and the name, address, and

telephone number of the individual

representing the sponsor.

f. Letter of Acknowledgement/

Support: The application should

include a letter of acknowledgment/

support from the applicable State

Department of Transportation and/or

other appropriate jurisdiction (to avoid

circumventing State and metropolitan

planning processes).

The FAA will review and evaluate the

Phase 2 applications using a panel of

technical program experts, based on the

criteria outlined below in Section 3.6.

Following its evaluations, the review

panel will prioritize and recommend to

the FAA’s Associate Administrator for

Air Traffic Services and the Associate

Administrator for Research and

Acquisition those applications that it

believes should be accepted. If the FAA

selects a project for inclusion in the

pilot program, an agreement will be

executed between the sponsor and the

FAA.

3.5.3 Subsequent Application and

Selection Cycles (if any)

If fewer than the statutorily-limited

ten projects have been approved

following the initial round of Phase 1

and 2 applications, FAA will repeat the

Phase 1 and 2 application processes on

an annual basis, until the earlier of: May

15, 2003, or that point in time when the

ten project limit is reached (see

Schedule Summary in Section 3.7

below). The May 15, 2003, cutoff date is

based on an allowance of time for FAA

to process Phase 2 applications and

make selections prior to the statutory

authorization expiring at the end of

fiscal year 2003. FAA cannot and does

not extend any assurance or implication

that any residual authority will remain

following the first round of Phase 1 and

2 applications.

3.6 Application Evaluation and

Screening Criteria

The FAA will consider the following

elements in evaluating applications:

a. Compliance with statutory criteria,

FAA’s supplemental criteria, and

application procedures

b. Degree to which the project relates

to FAA’s strategic goals for safety,

76344 Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Notices

efficiency and mobility, as well as the

national airspace system architecture

c. Impact on the airport, region, and

national airspace system

d. Likelihood of project success

e. Availability of FAA resources

f. Ease of administration (acquisition,

installation, etc.)

g. Ability of sponsor to provide its

cost share

h. Evidence that the project can be

implemented in a timely manner

i. Equity and diversity with respect to

project type, geography, and population

served

j. Degree of Federal leveraging (degree

to which the proposal minimizes the

ratio of Federal costs to total project

costs)

k. Cost to the FAA: (1) up-front costshare; and, if applicable, (2) posttransfer life-cycle operating and

maintenance costs

3.7 Schedule Summary

Milestone Date

First-Round of Applications:

Phase 1 Applications due

to FAA ............................ 1/19/2001

FAA Responses to Sponsors’ Phase 1 Applications ............................... 3/16/2001

Phase 2 Applications due

to FAA ............................ 6/1/2001

FAA Announcement of

First-Round Approvals ... 7/13/2001

Second-Round of Applications

(if needed):

Phase 1 Applications due

to FAA ............................ 12/14/2001

FAA Responses to Sponsors’ Phase 1 Applications ............................... 2/15/2002

Phase 2 Applications due

to FAA ............................ 5/15/2002

FAA Announcement of

Second-Round Approvals .................................. 7/15/2002

Third-Round of Applications (if

needed):

Phase 1 Applications due

to FAA ............................ 12/13/2002

FAA Responses to Sponsors’ Phase 1 Applications ............................... 2/14/2003

Phase 2 Applications due

to FAA ............................ 5/15/2003

FAA Announcement of

Third-Round Approvals .. 7/15/2003

3.8 Project Implementation

Information

During the life of the project, the FAA

may collect data from the sponsor and

conduct (with non-project funds)

independent evaluations of the project’s

impact on safety, efficiency, and

mobility objectives. This will allow the

FAA to ascertain the success of the pilot

program. The life of the program is

currently limited by AIR–21 to the end

of fiscal year 2003.

4. Impact of Final Guidelines

Potential costs and benefits of the

final guidelines have been reviewed

consistent with the intent of Executive

Order 12866 (Regulatory Planning and

Review), the Regulatory Flexibility Act

of 1980, Executive Order 13132

(Federalism), Office of the Secretary of

Transportation direction on evaluation

of international trade impacts, and the

Unfunded Mandates Reform Act of

1995.

With respect to the focus of Executive

Order 12866, there are no significant

costs imposed by the guidelines. The

benefit of the guidelines is efficient

communication between the FAA and

potential project sponsors about the

basis and timing which the FAA will

employ in selecting pilot program

projects and the type of information

needed by the FAA to evaluate

proposed projects. Potential pilot

program project sponsors will only

apply for consideration if they believe

that they will benefit from

consideration. To minimize the costs of

application, the guidelines encourage

sponsors to provide information

wherever possible from existing studies,

plans, and other documents. Further,

the guidelines request that initial project

proposals provide limited detail about

the project. Potential sponsors will be

asked for additional information only if

the FAA believes that the proposal

meets the objective of the pilot program

based on the limited initial information

submission. Facilities and equipment

currently incorporated in the federal

airport and airway system architecture

and approved for acquisition will be

implemented, regardless of whether

they are selected as a pilot project.

Further, in implementing the pilot

program, the FAA will not alter the

sequence of implementation of system

architecture in a manner that would

delay achieving overall safety or

efficiency benefits. Therefore, the FAA

believes that the benefits of the final

guidelines exceed their costs.

Airports that are considered small

entities may apply to sponsor or

participate in pilot projects. Small

airports are defined by the Small

Business Administration as airports

owned by local governments for areas

with populations of 200,000 or less.

Program participation is voluntary and,

as explained above, the cost of

application is not considered

significant. Because, by statute, the

majority of project funding must be

provided by the sponsor, few small

airports or airlines are likely to elect to

participate in the pilot program.

Therefore, the FAA certifies that the

final guidelines will not have a

significant economic impact on a

substantial number of small entities.

The FAA has analyzed the final

guidelines under the principles and

criteria of Executive Order 13132,

Federalism. With few exceptions, States

do not directly own or operate airports,

but public airports are frequently owned

and operated by either regional

transportation authorities or local

governments. The pilot program

authorized by Congress which is the

subject of these guidelines does not

require participation by States, regional

transportation authorities, or local

governments, but rather permits the

formation of a voluntary partnership

between the FAA, airports, and airlines

on projects considered to be of mutual

benefit. These projects will ultimately

be paid for by air passengers and

shippers, either through fares or freight

tariffs, airport charges, or aviation user

taxes. FAA facilities and equipment are

currently financed by passenger and

shippers through aviation user taxes.

Program guidelines described in this

notice are intended to facilitate

communication necessary to implement

the pilot projects. By entering into these

cooperative relationships, the FAA will

not abrogate its responsibilities for the

provision and maintenance of air traffic

control and airway facilities and

equipment, but rather may expedite the

implementation of such facilities and

equipment. In the absence of the pilot

program, the facilities and equipment

would ultimately be provided by the

federal government and paid for by

airline passengers and shippers. Once

completed, the projects will be operated

and maintained as a part of the federal

airway system, if the sponsor elects to

transfer the project to the FAA. The

FAA has determined that this action

does not have a substantial direct effect

on the States, on the relationship

between the national Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

the FAA has determined that these

guidelines do not have federalism

implications.

The final guidelines will not impose

a competitive advantage or disadvantage

on either U.S. air carriers operating

abroad or on foreign carriers operating

to and from the United States. Further,

these guidelines, per se, will have no

effect on the sale of foreign aviation

products or services in the United

States, nor will they have any effect on

the sales of U.S. aviation products in

foreign countries. To the extent that

Federal Register / Vol. 65, No. 235 / Wednesday, December 6, 2000 / Notices 76345

1 In a related proceeding, OSRR has agreed to

grant certain overhead trackage rights over the

Subject Line to CSXT to enable CSXT to continue

providing service to its existing customers. See STB

Finance Docket No. 33962, CSX Transportation,

Inc.—Trackage Rights Exemption—Ohio Southern

Railroad, Incorporated.

pilot program projects improve aviation

safety and airport and airway system

efficiency, both domestic and foreign

commerce will generally be enhanced.

The final guidelines do not create a

federal mandate. Therefore, the

requirements of Title II of the Unfunded

Mandates Reform Act of 1995 do not

apply.

5. References

The following list outlines references

cited above:

OMB Circular A–87, Cost Principles for

State, Local, and Indian Tribal Governments,

revised August 29, 1997.

Report FAA–APO–98–4, Economic

Analysis of Investment and Regulatory

Programs—Revised Guide. Available upon

request from the FAA’s Office of Aviation

Policy and Plans, telephone 202–267–3308. It

may also be found on the Internet at: http:/

/api.hq.faa.gov/apo_pubs.htm.

Report FAA–APO–98–8, Economic Values

for Evaluation of Federal Aviation

Administration Investment and Regulatory

Programs. Available upon request from the

FAA’s Office of Aviation Policy and Plans,

telephone 202–267–3308. It may also be

found on the Internet at: http//api.hq.faa.gov/

apo_pubs.htm.

FAA Order 7031.2C, Airway Planning

Standard Number One, through Change 12.

Available upon request from the FAA’s

Office of Aviation Policy and Plans,

telephone 202–267–3308.

FAA Order 6700.20, Non-Federal

Navigational Aids and Air Traffic Control

Facilities. Available upon request from the

FAA’s NAS Operations Program Office,

telephone 202–267–3034.

Issued in Washington, DC on November 30,

2000.

Nan Shellabarger,

Deputy Director, Office of Aviation Policy and

Plans.

[FR Doc. 00–31091 Filed 12–5–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33955]

Ohio Southern Railroad,

Incorporated—Acquisition and

Operation Exemption—CSX

Transportation, Inc.

Ohio Southern Railroad, Incorporated

(OSRR), a Class III rail carrier, has filed

a verified notice of exemption under 49

CFR 1150.41 to acquire by purchase

from CSX Transportation, Inc. (CSXT)

and operate approximately 1.5-route

miles of rail line, including connecting

track, located between milepost 16.7

and milepost 18.2, in Zanesville,

Muskingum County, OH (Subject Line).

In addition, OSRR will acquire

incidental overhead trackage rights over

approximately 2.4 miles of CSXT’s main

line track and access over the transfer

tracks in the Zanesville area.1

The transaction was scheduled to be

consummated on November 22, 2000,

the effective date of the exemption (7

days after the exemption was filed).

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33955, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, N.W., Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Kelvin J.

Dowd, Esq., Slover & Loftus, 1224

Seventeenth Street, N.W., Washington,

DC 20036.

Board decisions and notices are

available on our website at

‘‘www.stb.dot.gov.’’

Decided: November 27, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–30656 Filed 12–5–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review;

Comment Request

November 27, 2000.

The Department of the Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1995,

Public Law 104–13. Copies of the

submission(s) may be obtained by

calling the Treasury Bureau Clearance

Officer listed. Comments regarding this

information collection should be

addressed to the OMB reviewer listed

and to the Treasury Department

Clearance Officer, Department of the

Treasury, Room 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

DATES: Written comments should be

received on or before January 5, 2001, to

be assured of consideration.

Bureau of the Public Debt (PD)

OMB Number: 1535–0089.

Form Number: None.

Type of Review: Extension.

Title: Implementing Regulations:

Government Securities Act of 1986, as

Amended.

Description: The regulations require

government securities broker/dealers to

make and keep certain records

concerning government securities

activities, to submit financial reports

and make certain disclosures to

investors. The regulations also require

depository institutions to keep certain

records of non-fiduciary custodial

holdings of government securities. The

regulations and associated collections

are fundamental to customer protection

and financial responsibility.

Respondents: Business or other forprofit.

Estimated Number of Respondents/

Recordkeepers: 16,931.

Estimated Burden Hours Per

Respondent/Recordkeeper: 21 hours, 50

minutes.

Frequency of Response: On occasion,

Monthly, Quarterly, Annually, Other.

Estimated Total Reporting/

Recordkeeping Burden Hours: 369,620

hours.

OMB Number: 1535–0104.

Form Number: PD F 2066.

Type of Review: Extension.

Title: Application by Survivors for

Payment of Bond or Check Issued Under

the Armed Forces Leave Act of 1946, as

Amended.

Description: PD F 2066 is used as an

application by survivors for payment of

a bond or check issued under the Armed

Forces Leave Act of 1946 to veterans of

WW II.

Respondents: Individuals or

households.

Estimated Number of Respondents:

400.

Estimated Burden Hours Per

Respondent: 30 minutes.

Frequency of Response: On occasion.

Estimated Total Reporting Burden

Hours: 200 hours.

OMB Number: 1535–0105.

Form Number: PD F 2481.

Type of Review: Extension.

Title: Application for Recognition as

Natural Guardian of Minor Not Under

Legal Guardianship and for Disposition

of Minor’s Interest in Registered

Securities.

Description: The form is used by the

natural guardian of a minor not under

legal guardianship to request

disposition of securities erroneously

registered in the name of the minor.