[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Notices]
[Pages 521-523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-78]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Airport Improvement Program Grant Assurances; Proposed 
Modification and Opportunity to Comment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed modification of airport improvement program 
grant assurances and of opportunity to comment.

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SUMMARY: The FAA proposes to modify the standard grant assurances 
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 an opportunity for the public to comment upon proposals to modify 
the assurances or to require any additional AIP assurances. These 
modifications are necessary for two reasons.
    First, much of Federal transportation law was repealed and 
reenacted without substantive change by enactment of the Codification 
of Certain U.S. Transportation Laws as Title 49, United States Code, 
Pub. L. No. 103-272, 108 Stat. 745 (July 5, 1994). Aviation programs, 
including the AIP, are now found in Subtitle VII of Title 49, rather 
than the original statutes under which those programs were originally 
established. Consequently, statutory [[Page 522]] citations in the 
existing grant assurances are now obsolete and the modifications 
published here cite current law.
    Second, Pub. L. 103-272 was amended by enactment of the Federal 
Aviation Administration Authorization Act of 1994, Pub. L. No. 103-305 
(August 23, 1994) (the 1994 Act), which made substantive changes to the 
statutory grant assurances. The modifications to the grant assurances 
also incorporate those changes.
    For ease of reading, Title 49, Subtitle VII, as amended by the 1994 
Act will be cited throughout the remainder of this notice as Title 49, 
U.S.C., as amended. In the actual assurance, however, the reference 
further specifies Subtitle VII.

DATES: These proposed modifications to the Grant Assurances will be 
effective on an interim basis on January 4, 1995. Comments must be 
submitted on or before February 3, 1995. Any revision to the interim 
Assurances which are necessary or appropriate in response to comments 
received will be adopted on or before May 4, 1995.

ADDRESSES: Comments may be delvered or mailed to the FAA, Airports 
Financial Assistance Division, APP-500, Room 615, 800 Independence 
Ave., SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:
Mr. James Borsari (Management and Program Analyst) Telephone (202) 267-
8822.

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 from time to time to reflect new Federal 
requirements. Notice of such proposed modifications is published in the 
Federal Register and an opportunity provided for comment by the public. 
The current assurances were published on February 3, 1988, at 53 Fed. 
Reg. 3104 and amended on September 6, 1988, at 53 Fed. Reg. 34361, on 
August 29, 1989, at 54 Fed. Reg. 35748 and on June 10, 1994 at 59 Fed. 
Reg. 30076.
    FAA uses three separate sets of standard assurances: Airport 
Sponsors (owners/operators); Planning Agency Sponsors; and Nonairport 
Sponsors Undertaking Noise Compatibility Program Projects (hereinafter 
referred to as Nonairport Sponsor Assurances). FAA is planning to 
modify the assurances currently in use to reflect some changes in the 
general requirements as discussed below. The changes contained herein 
affect all three sets of assurances.
    Section A, ``General,'' subsection 2, of the Airport Sponsor 
Assurances, Nonairport Sponsor Assurances, and Planning Agency Sponsor 
Assurances is modified to delete references to the Airport and Airway 
Improvement Act of 1982, as amended; the Aviation Safety and Noise 
Abatement Act of 1979; and the Airport and Airway Safety and Capacity 
Expansion Act of 1987. In their place is inserted the reference to the 
codification of transportation related laws, Pub. L. No. 103-272, 108 
Stat. 745 (July 5, 1994), which repealed and recodified these acts 
without substantive change to their content.
    Section C, subsection 1, ``General Federal Requirements, Federal 
Legislation,'' in each set of assurances is modified to delete the 
references to the Federal Aviation Act of 1958, 49 U.S.C. 1301, et 
seq.; Airport and Airway Improvement Act of 1982, as amended, 49 U.S.C. 
2201, et seq.; and the Aviation Safety and Noise Abatement Act of 1979, 
49 U.S.C. 2101, et seq. These acts were repealed by Pub. L. No. 103-
272, which codified the above at 49 U.S.C. 40101 et seq. without 
substantive change to their content.
    Section C, subsection 11, of the Airport Sponsors Assurances, 
``Local Approval,'' is deleted in its entirety due to the 1994 Act's 
repeal of Section 30 of the Airport and Airway Development Act of 1970, 
as amended.
    A new section C, subsection 11, ``Preventive Maintenance,'' is 
added to the Airport Sponsor Assurances due to a new requirement in 
section 107(a) of the 1994 Act which is effective for all projects 
approved after January 1, 1995, for the replacement or reconstruction 
of pavement at an airport.
    Section C, subsection 22, of the Airport Sponsor Assurances, 
``Economic Nondiscrimination,'' is amended by deleting the word 
``equal'' in subsection (b)(1), since the FAA can find no statutory 
basis for the inclusion of that word.
    Section C, subsection 26, of the Airport Sponsor Assurances, 
``Reports and Inspections,'' is deleted in its entirety and is 
substituted by a new subsection 26, ``Reports and Inspections.'' The 
new subsection consists of language taken from the existing assurance 
which was recast without substantive change using subparagraphs to 
improve readability. It also includes language necessary to implement 
section 111 of the 1994 Act, ``Airport Financial Reports,'' which 
imposes on each airport sponsor a new reporting requirement to submit 
certain reports regarding revenue use at the airport.

    Issued in Washington, D.C. on December 20, 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. Section A.2 is revised to read as follows:
    A. General
* * * * *
    2. These assurances are required to be submitted as part of the 
project application by sponsors requesting funds under the provisions 
of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term 
``public agency sponsor'' means a public agency which controls 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.
    b. Section C.1 is revised as follows:
    C. Sponsor Certification. The Sponsor hereby assures and certifies, 
with respect to this grant, that:
    1. General Federal Requirements.
* * * * *

Federal Legislation

    a. Title 49, U.S.C., subtitle VII, as amended.
    b. Davis-Bacon Act--40 U.S.C. 276(a), et seq.<SUP>1
    c. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.
    d. Hatch Act--5 U.S.C. 1501, et seq.<SUP>2
    e. Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970--42 U.S.C. 4601, et seq.<SUP>1,2
    f. National Historic Preservation Act of 1966--Section 106--16 
U.S.C. 470(f).<SUP>1
    g. Archeological and Historic Preservation Act of 1974--16 
U.S.C. 469 through 469c.<SUP>1
    h. Flood Disaster Protection Act of 1973--Section 102(a)--42 
U.S.C. 4012a.<SUP>1
    i. Rehabilitation Act of 1973--29 U.S.C. 794.
    j. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through 
d-4.
    k. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.
    l. Architectural Barriers Act of 1968--42 U.S.C. 4151, et 
seq.<SUP>1
    m. Powerplant and Industrial Fuel Use Act of 1978--Section 403--
2 U.S.C. 8373.<SUP>1
    n. Contract Work Hours and Safety Standards Act--40 U.S.C. 327, 
et seq.<SUP>1
    o. Copeland Antikickback Act--18 U.S.C. 874.\1\
    p. National Environmental Policy Act of 1969--42 U.S.C. 4321, et 
seq.<SUP>1
    q. Endangered Species Act--16 U.S.C. 668(a), et 
seq.<SUP>1 [[Page 523]] 
    r. Single Audit Act of 1984--31 U.S.C. 7501, et seq.<SUP>2
    2. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.

    c. Section C.11, ``Local Approval,'' is deleted.
    d. A new section, C.11, is added to read as follows:
    11. 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 payment 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.
    e. Section C.22 is revised to replace the word ``equal'' in 
paragraph b(1) with the word ``reasonable'' to read as follows:
    22. Economic Nondiscrimination.
* * * * *
    b. * * *
    (1) furnish said services on a fair, reasonable, and not unjustly 
discriminatory basis to all users thereof, and
* * * * *
    f. Section C.26 is revised to read as follows:
    26. 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;
    (b) make available to the public at reasonable times and places a 
report of the airport budget in a format prescribed by the Secretary;
    (c) for airport development projects, 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;
    (d) 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; and
    (e) in a format prescribed by the Secretary, provide to the 
Secretary and make available to the public, not later than 60 days 
following each of its fiscal years ending after March 1, 1995, an 
annual report listing in detail:
    (i) all amounts paid by the airport to any other unit of government 
and the purposes for which each such payment was made; and
    (ii) all services and property provided by the airport to other 
units of government and the amount of compensation received for 
provision of each such service and property.

2. The Planning Agency Sponsor Assurances are amended as follows:

    a. Paragraph A.2 is revised to read as follows:
    A. General
* * * * *
    2. These assurances are required to be submitted as part of the 
project application by sponsors requesting funds under the provisions 
of Title 49, U.S.C., subtitle VII, as amended. A sponsor is a planning 
agency designated by the Secretary of Transportation which is 
authorized by the State or States or political subdivisions concerned 
to engage in areawide planning.
    b. Section C.1 is revised as follows:
    C. Sponsor Certification. The Sponsor assures and certifies, in 
respect to this grant, that:
    1. General Federal Requirements.
* * * * *

Federal Legislation

    a. Title 49, U.S.C., subtitle VII, as amended.
    b. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.
    c. Hatch Act--5 U.S.C. 1501, et seq.
    d. Rehabilitation Act of 1973--29 U.S.C. 794.
    e. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d-1 through 
d-4.
    f. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.
    g. Single Audit Act of 1984--31 U.S.C. 7501, et seq.
    h. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.

3. The Nonairport Sponsor Assurances are amended as follows:

    a. Section A.2 is revised to read as follows:
    A. General
* * * * *
    2. These assurances are required to be submitted as part of the 
project application by sponsors requesting funds under the provisions 
of Title 49, U.S.C., subtitle VII, subtitle as amended. Sponsors are 
units of local government in the areas around the airport which is the 
subject of the noise compatibility program.
    b. Section C.1 is revised as follows:
    C. Sponsor Certification. The Sponsor hereby assures and certifies, 
in respect to this grant, that:
    I. General Federal Requirements.
* * * * *

Federal Legislation

    a. Title 49, U.S.C., subtitle VII, as amended.
    b. Davis-Bacon Act--40 U.S.C. 276(a), et seq.
    c. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.
    d. Hatch Act--5 U.S.C. 1501, et seq.
    e. Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970--42 U.S.C. 4601, et seq.
    f. National Historic Preservation Act of 1966--Section 106--16 
U.S.C. 470(f).
    g. Archeological and Historic Preservation Act of 1974--469a 
through 469c.
    h. Flood Disaster Protection Act of 1973--Section 102(a)--42 
U.S.C. 4012a.
    i. Rehabilitation Act of 1973--29 U.S.C. 794.
    j. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d-1 through 
d-4.
    k. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.
    l. Architectural Barriers Act of 1968--U.S.C. 4151, et seq.
    m. Powerplant and Industrial Fuel Use Act of 1978--Section 403--
42 U.S.C. 8373.
    n. Contract Work Hours and Safety Standards Act--40 U.S.C. 327, 
et seq.
    o. Copeland Antikickback Act--18 U.S.C. 874.
    p. National Environmental Policy Act of 1969--42 U.S.C. 4321, et 
seq.
    q. Endangered Species Act of 1973--16 U.S.C. 668(a), et seq.
    r. Single Audit Act of 1984--31 U.S.C. 7501, et seq.
    s. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.

[FR Doc. 95-78 Filed 1-3-95; 8:45 am]
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