[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Pages 3074-3077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1624]



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DEPARTMENT OF TRANSPORTATION

Passenger Facility Charge (PFC) Approvals and Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In December 
1995, there were 12 applications approved. Additionally, three approved 
amendments to previously approved applications are listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC 
approvals and disapprovals under the provisions of 49 U.S.C. 40117 
(Pub. L. 103-272) and Part 158 of the Federal Aviation Regulations (14 
CFR Part 158). This notice is published pursuant to paragraph d of 
Sec. 158.29.

PFC Applications Approved

    Public Agency: City of Pensacola, Florida.
    Application Number: 95-03-C-00-PNS.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Net PFC Revenue Approved in This Application: $2,536,000.
    Charge Effective Date: December 1, 1995.
    Estimated Charge Expiration Date: August 1, 1999.
    Class of Air Carriers Not Required to Collect PFC's: Air taxi 
operators.
    Determination: Approved. Based on information submitted in the 
public agency's application, the FAA has determined that the approved 
class accounts for less than 1 percent of the total annual enplanements 
at Pensacola Regional Airport.
    Brief Description of Project Approved for Collection and Use: 
Expand terminal apron.
    Brief Description of Project Partially Approved for Use: Expand 
passenger terminal building.
    Determination: The FAA has analyzed all pertinent data submitted by 
the public agency and, based on the criteria in Advisory Circular 150/
5360-13, Planning and Design Guidelines for Airport Terminal 
Facilities, it has determined that only two additional major airline 
gates or seven additional commuter gates, instead of the five major 
airline or eight commuter gates requested, are justified and Pensacola 
Regional Airport. This corresponds to a 12,225 square foot expansion 
instead of the 47,000 square feet proposed. Therefore, the FAA's 
approval is limited to the costs associated with a 12,225 square foot 
expansion.
    Decision Date: December 1, 1995.
    For Further Information Contact: Sandra A. Nazar, Orlando Airports 
District Office, (407) 648-6586.

    Public Agency: Metropolitan Airports Commission, Minneapolis, 
Minnesota.
    Application Number: 95-03-C-00-MSP.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Net PFC Revenue Approved in This Application: $32,700,000.
    Charge Effective Date: June 1, 1998.
    Estimated Charge Expiration Date: May 1, 1999.
    Class of Air Carriers Not Required to Collect PFC's: Air Taxi/
commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the 
public agency's application, the FAA has determined that the approved 
class accounts for less than 1 percent of the total annual enplanements 
at Minneapolis-St. Paul International Airport.
    Brief Description of Project Partially Approved for Collection And 
Use: Federal Inspection Service (FIS) facility.
    Determination: Several elements of this project have been partially 
approved or disapproved. The relocation of the World Club, concessions, 
and the parts storage/air cargo building elements have been disapproved 
as ineligible terminal areas in accordance with paragraph 551(d)(1) of 
FAA Order 5100.38A, Airport Improvement Program (AIP) Handbook. Only 
those nonrevenue producing public-use areas that are directly related 
to the movement of passengers and baggage in air carrier and commuter 
service terminal facilities within the 

[[Page 3075]]
boundaries of the airport are eligible. The cost of extinguishing the 
lease with Northwest Airlines is also eligible. However, the FAA's 
approval of the negotiated lease purchase with Northwest Airlines is 
limited to the extent that the amount requested does not exceed the 
appraised value of the lease hold, as supplied to the FAA by the 
Metropolitan Airports Commission and accepted by the FAA.
    Decision Date: December 8, 1995.
    For Further Information Contact: Gordon Nelson, Minneapolis 
Airports District Office, (612) 725-4358.

    Public Agency: Niagara Frontier Transportation Authority, Buffalo, 
New York.
    Application Number: 95-02-C-00-BUF.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Net PFC Revenue Approved in This Application: $5,942,858.
    Charge Effective Date: December 1, 2004.
    Estimated Charge Expiration Date: March 1, 2006.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
commercial operators exclusively filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the 
public agency's application, the FAA has determined that the approved 
class accounts for less than 1 percent of the total annual enplanements 
at Greater Buffalo International Airport (BUF).
    Brief Description of Projects Approved for Use at BUF: Acquisition 
and demolition of Airways Hotel and associated buildings, Demolition of 
American Airlines hangar and cargo building, New passenger terminal 
facility, Circulatory roadway system improvements.
    Brief Description of Projects Approved for Collection and Use at 
BUF: Schematic design for overall airport development, Concept design 
for overall airport development, Value engineering for overall airport 
development, Environmental assessment for overall airport development, 
Rehabilitate north concourse ramps and apron, Purchase two snow blowers 
and purchase one roadway salter, Replace six-foot security fence, New 
passenger terminal facility utilities corridor, Purchase one dump 
truck, Radio system expansion, Purchase one rubber-blade snowplow.
    Brief Description of Projects Approved for Collection at BUF and 
Use at Niagara Falls International Airport: Replace runway 28R/10L high 
intensity runway lights, Bucket loader with blade, Snow removal truck 
and blade, Airport runway broom, Snow and ice control equipment 
building.
    Brief Description of Projects Approved for Collection at BUF: 
Purchase one front end loader, Pavement strengthening/taxiway C and 
perimeter road, Pavement overlay/taxiways D and F, Pavement study, 
Rehabilitation/overlay runway 14/32.
    Brief Description of Disapproved Projects: Pavement reconstruction/
aprons and taxiways.
    Determination: Disapproved. The project schedule shown in the 
Attachment B for this project shows that the project will not meet the 
requirements of section 158.33 which requires implementation within 5 
years of approval.
    Airfield replacement vehicles.
    Determination: Disapproved. The types of vehicles listed are not 
included in the types of vehicles considered AIP-eligible in Advisory 
Circular 150/5200-23, Snow and Ice Control Equipment, which limits 
eligibility to vehicles such as snowblowers, snowplows, spreaders, 
sweepers, and front end loaders. Therefore, this project does not meet 
the requriements of section 158.15(b)(1) and, thus, is not PFC 
eligible.
    Decision Date: December 8, 1995.
    For Further Information Contact: Philip Brito, New York Airports, 
District Office, (516) 295-9340.

    Public Agency: City of Kansas City--Aviation Department, Kansas 
City, Missouri.
    Application Number: 95-01-C-00-MCI.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Approved Net PFC Revenue: $64,043,000.
    Estimated Charge Effective Date: March 1, 1996.
    Estimated Charge Expiration Date: May 1, 2001.
    Class of Air Carriers Not Required To Collect PFC's: Part 135 air 
taxis.
    Determination: Approved. Based on information contained in the 
public agency's application, the FAA has determined that the approved 
class accounts for less than 1 percent of the total annual enplanements 
at Kansas City International Airport.
    Brief Description of Projects Approved for Collection and Use: 
Paving of runway 1R/19L; taxiways E and F; and all connecting taxiways, 
Terminal remodel design phase, Taxiway D rehabilitation, Aircraft 
rescue and firefighting (ARFF) vehicles, Overlay runway 1L/19R, taxiway 
A, A1-A9, Terminal apron rehabilitation, Land acquisition, Terminal 
apron lights.
    Brief Description of Projects Approved for Collection: Overlay 
runway 9/27 and taxiway C, C1-C9, Expand general aviation apron, 
Construct FIS facility, Overlay taxiway B, Terminal remodel--
construction phase.
    Decision Date: December 21, 1995.
    For Further Information Contact: Lorna Sandrige, Central Region 
Airports Division, (816) 426-4730.

    Public Agency: Broome County, Binghamton, New York.
    Application Number: 95-02-C-00-BGM.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Net PFC Revenue Approved in This Application: $1,124,619.
    Charge Effective Date: February 1, 1996.
    Estimated Charge Expiration Date: September 1, 1998.
    Class of Air Carriers Not Required To Collect PFC'S: No change from 
previous decision.
    Brief Description of Projects Approved For Use: Land acquisition, 
Equipment replacement, Emergency access road construction.
    Brief Description of Project Approved for Collection: Passenger 
terminal refurbishment, phase II.
    Decision Date: December 21, 1995.
    For Further Information Contact: Philip Brito, New York Airports 
District Office, (516) 227-3803.

    Public Agency: Westmoreland County Airport Authority, Latrobe, 
Pennsylvania.
    Application Number: 94-01-C-00-LBE.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Approved Net PFC Revenue: $187,266.
    Estimated Charge Effective Date: March 1, 1996.
    Estimated Charge Expiration Date: October 1, 1998.
    Class of Air Carriers Not Required To Collect PFC'S: None.
    Brief Description of Projects Approved for Collection and Use: 
Passenger facility charge application, Airline terminal building 
rehabilitation and expansion (phase I), Runway 3-21 overlay, ARFF 
vehicle/apron expansion, Airport signage; access road; snow removal 
equipment; and pipe replacement, Airport maintenance building 
expansion.
    Decision Date: December 21, 1995.
    For Further Information Contact: L. W. Walsh, Harrisburg Airports 
District Office, (717) 975-3423.

    Public Agency: Milwaukee County Airports Division, Milwaukee, 
Wisconsin.

[[Page 3076]]

    Application Number: 95-03-C-00-MKE.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Net PFC Revenue Approved in This Application: $32,037,000.
    Charge Effective Date: April 1, 1999.
    Estimated Charge Expiration Date: April 1, 2002.
    Class of Air Carriers Not Required To Collect PFC'S: Air taxi/
commercial operators.
    Determination: Approved. Based on information submitted in the 
public agency's application, the FAA has determined that the approved 
class accounts for less than 1 percent of the total annual enplanements 
at General Mitchell International Airport (MKE).
    Brief Description of Projects Approved for Collection and Use at 
MKE: Environmental impact statement, West perimeter fencing 
replacement, Noise mitigation program--phase 1, Sound insulation of 
schools and churches, West perimeter road repair, Hutsteiner Service 
Road repairs, Pave taxiway B shoulder, PFC administrative cost.
    Brief Description of Project Approved for Collection at MKE and Use 
at Lawrence J. Timmerman Airport: Master plan update.
    Brief Description of Projects Approved for Collection at MKE: 
Runway 7L/25R extension, Surface movement guidance control system, 
School/church sound insulation--phase II.
    Decision Date: December 21, 1995.
    For Further Information Contact: Franklin D. Benson, Minneapolis 
Airports District Office, (612) 725-4221.

    Public Agency: County of Sheridan, Sheridan, Wyoming.
    Application Number: 95-01-C-00-SHR.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Net PFC Revenue Approved in This Application: $211,299.
    Charge Effective Date: March 1, 1996.
    Estimated Charge Expiration Date: September 1, 2001.
    Class of Air Carriers Not Required To Collect PFC'S: None.
    Brief Description of Projects Approved for Collection and Use: 
Airport planning studies, ARFF improvements,
    Construct new runway 14/32 including parallel taxiway B.
    Decision Date: December 21, 1995.
    For Further Information Contact: Chris Schaffer, Denver Airports 
District Office, (303) 286-5525.

    Public Agency: Parish of East Baton Rouge and City of Baton Rouge, 
Baton Rouge, Louisiana.
    Application Number: 96-03-C-00-BTR.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Approved Net PFC Revenue: $840,899.
    Earliest Charge Effective Date: May 1, 1998.
    Estimated Charge Expiration Date: December 1, 1998.
    Class of Air Carriers Not Required To Collect PFC'S: No change to 
previous approvals.
    Brief Description of Project Approved for Collection and Use: 
Terminal building plans and specifications.
    Brief Description of Project Approved for Use: Terminal concept 
study.
    Decision Date: December 27, 1995.
    For Further Information Contact: Ben Guttery, Southwest Region 
Airports Division, (817) 222-5614.

    Public Agency: County of Eagle, Colorado.
    Application Number: 95-02-C-00-EGE.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Approved Net PFC Revenue: $381,276.
    Earliest Charge Effective Date: March 1, 1996.
    Estimated Charge Expiration Date: March 1, 2000.
    Class of Air Carriers Not Required To Collect PFC'S: None.
    Brief Description of Projects Approved for Collection and Use: 
Terminal project, Land acquisition for runway protection zone, Install 
approach light system to runway 25.
    Decision Date: December 28, 1995.
    For Further Information Contact: Chris Schaffer, Denver Airports 
District Office, (303) 286-5525.

    Public Agency: Sacramento County Department of Airports, 
Sacramento, California.
    Application Number: 95-02-C-00-SMF.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Approved Net PFC Revenue: $7,327,560.
    Earliest Charge Effective Date: January 1, 1996.
    Estimated Charge Expiration Date: March 1, 1997.
    Class of Air Carriers Not Required To Collect PFC'S: None.
    Brief Description of Projects Approved for Collection and Use: 
Terminals and concourse 1 and 2 rehabilitation phase 2, Taxiway Y 
completion, Taxiway guidance signs, Runway pavement evaluation, Taxiway 
C5, Airfield lighting computerized control system replacement, Airfield 
pavement sweeper replacement, ARFF fire truck replacement, Runway 34L 
holding apron, Cargo apron expansion, Commuter terminal addition, ARFF 
station building seismic upgrade, 800 MHz radio system phase 2, West 
electrical vault seismic upgade, ARFF station building expansion.
    Brief Description of Projects Partially Approved for Collection and 
Use: Terminals 1, 2, and 3 and administration building electrical 
system reconstruction/upgrade.
    Determination: In accordance with paragraph 551(d) of FAA Order 
5100.38A, revenue producing and non public-use space such as 
concessions in the terminals and the administration building in its 
entirety are not AIP eligible, thus making utilities which serve those 
areas ineligible. The public agency has determined, and the FAA 
concurs, that approximately 48 percent of the proposed project serves 
ineligible areas.
    Reconstruct electrical vault.
    Determination: In accordance with paragraph 551(d) of FAA Order 
5100.38A, revenue producing and non public-use space such as 
concessions in the terminals, rental car facilities, as well as airport 
and airline administrative spaces are not AIP eligible, thus making 
utilities which service those areas ineligible. Only that portion of 
this project which relates to eligible facilities is eligible. The 
public agency has determined, and the FAA concurs that approximately 52 
percent of the proposed project serves ineligible areas.
    Brief Description of Disapproved Projects: Airfield jet rodder 
vactor replacement.
    Determination: Program Guidance Letter 91-8.1, which provides 
eligibility criteria for payment sweepers, limits the eligibility of 
pavement sweepers at airports such as Sacramento Metropolitan Airport 
to two. This project, given previous PFC approvals, exceed the maximum 
number of pavement sweepers which are eligible under AIP criteria. 
Therefore, this project is not AIP or PFC eligible.
    Refueler parking ramp.
    Determination: This project is not AIP eligible in accordance with 
Appendix 2 of FAA Order 5100.38A. Therefore, this project does not meet 
the requirements of section 158.15(b) and is disapproved.
    Decision Date: December 29, 1995.
    For Further Information Contact: Joseph R. Rodriguez, San Francisco 
Airports District Office, (415) 876-2805.


[[Page 3077]]

    Public Agency: Port of Seattle, Seattle, Washington.
    Application Number: 95-03-C-00-SEA.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total Approved Net PFC Revenue: $147,026,000.
    Earliest Charge Effective Date: January 1, 1996.
    Estimated Charge Expiration Date: July 1, 2000.
    Class of Air Carriers Not Required To Collect PFC'S: None.
    Brief Description of Projects Approved for Collection and Use: 
Terminal apron improvements, Runway 16R rehabilitation, Noise programs, 
Emergency power generators, Electrical system power upgrade.
    Brief Description of Projects Approved for Collection: ARFF 
training facility, Safety area improvements--16L/16R, Passenger 
conveyance system.
    Brief Description of Disapproved Projects: Skybridge elevators, 
Land acquisition for south aviation support area development.
    Determination: The public agency's financial plans and other 
project documentation for both of these projects state that the 
projects were financed with the proceeds of 1992 revenue bonds. The 
public agency then retired the bonds using Airport Development Funds 
(ADF). The public agency proposes that the PFC revenues be used to 
reimburse the ADF for the cost of the projects so that the ADF can be 
used to finance other revenue generating projects in the airport 
capital improvement plan. The FAA has determined that the source of the 
ADF is the rates and charges assessed to airlines. Because of this, the 
public agency cannot comply with Assurance 8(b) of the PFC assurances, 
which prohibits a public agency from including in its rate base any 
portion of the capital cost paid for with PFC revenue, for these 
projects. Furthermore, based on the projects proposed to be funded by 
the public agency from the reimbursed ADF, the PFC revenue would in 
effect be used to fund ineligible projects. Therefore, the FAA has 
determined that the financing plans for these projects do not meet the 
requirements of Part 158 and is disapproving both projects.
    Decision Date: December 29, 1995.
    For Further Information Contact: Paul Johnson, Seattle Airports 
District Office, (206) 227-2655.

                                           Amendments to PFC Approvals                                          
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                                                                                          Original     Amended  
                                        Amendment   Amended approved      Original       estimated    estimated 
      Amendment No., City, State         approved    net PFC revenue  approved net PFC  charge exp.  charge exp.
                                           date                            revenue          date         date   
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92-01-C-02-RSW, Fort Myers, FL.......     10/12/95      $258,450,359      $258,920,512     08/01/18     05/01/17
91-01-C-01-SAV, Savannah, GA.........     11/07/95        49,908,639        39,501,502     03/01/04     12/01/15
92-01-I-02-ABE/94-03-U-01-ABE,                                                                                  
 Allentown PA........................     12/05/95         8,700,000         4,350,000     07/01/96     03/01/00
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    Issued in Washington, DC on January 23, 1996.
Donna P. Taylor,
Manager, Passenger Facility Charge Branch.
[FR Doc. 96-1624 Filed 1-29-96; 8:45 am]
BILLING CODE 4910-13-M