reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes › Section VII-115 - Procedure for Determination and Assessment of Application Processing Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The authority
				shall periodically make a determination of the amount of all costs incurred by
				or on behalf of the authority in processing the application.
B. The authority shall assess, as application
				processing fees, all such costs against the person or persons whose
				application(s) has given rise to the costs incurred and sought to be recovered,
				and shall serve on each such person a "notice of assessment." Such person or
				persons shall thereafter make full payment of such fees to the authority within
				30 days from receipt of the notice of assessment.
C. Any person on whom a notice of assessment
				is served under these regulations shall be entitled to a hearing before the
				authority on such assessment provided a written request for a hearing is filed
				with the authority within 30 days after receipt of the notice of
				assessment.
D. The authority's
				general rules and regulations and the Louisiana Administrative Procedure Act
				(R.S. 49:951 et seq.)
				shall apply to any hearing held in connection with any notice of assessment
				under these rules and regulations.
E. Should any person fail to pay any
				application processing fees when due, such person shall pay interest at the
				legal rate per annum on the unpaid balance of such assessment from the date the
				assessment is due until paid.
F.
				The authority shall maintain such records as may be necessary in order to
				identify, determine and recover all application processing fees pursuant to
				these rules and regulations, and the authority shall make such records
				available to interested persons in accordance with applicable law.
G. Application processing fees recovered by
				the authority pursuant to these rules and regulations shall be limited to the
				amount necessary to compensate the authority for the actual costs incurred by
				or on behalf of it in processing the application.
H. These rules and regulations shall not be
				interpreted to preclude the state of Louisiana or any political subdivision
				thereof, including the authority, from imposing any otherwise valid fee, charge
				or toll permitted under applicable law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:3101 et
				  seq.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes › Section VII-117 - Compensation Fees for Administrative and Environmental Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The authority
				may impose on a licensee reasonable compensation fees for the use of any
				offshore terminal facilities and directly related land based facilities subject
				to the authority's jurisdiction as compensation for the administrative and
				environmental costs of the authority attributable to the construction and
				operation of such offshore terminal facilities and directly related land based
				facilities. Such compensation fees shall be fixed, assessed and collected by
				the authority in accordance with these rules and regulations.
B. Such compensation fees may not exceed the
				actual administrative and environmental costs of the authority as determined in
				accordance with the Act and regulations and orders issued pursuant
				thereto.
C. In no event shall the
				authority recover administrative or environmental costs which are otherwise
				reimbursed by application processing fees paid to the authority pursuant of
				these rules and regulations.
D. The
				authority shall maintain such records as may be necessary in order to
				determine, assess and collect any administrative and environmental
				costs.
E. The provisions of the
				authority's general rules and regulations and the Louisiana Administrative
				Procedure Act shall apply to any hearings held in connection with the
				imposition of compensation fees under the regulations.
F. This Section shall not be interpreted to
				enlarge or diminish the right of the state of Louisiana or any political
				subdivision thereof, to impose any other valid tax, fee or charge.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:3101 et
				  seq.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes › Section VII-119 - Procedure for Determination, Assessment and Collection of Administrative and Environmental Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Compensation
				Fees for Administrative Costs
1. Prior to the
				commencement of each fiscal year, the authority shall determine, to the fullest
				extent practicable, the total amount of administrative costs to be incurred by
				the authority during such fiscal year which it intends to recover hereunder,
				and the authority shall thereafter immediately give written notice to the
				licensee of such determination.
2.
				After receiving notice of the authority's determination of administrative
				costs, the licensee shall be afforded an opportunity to confer with
				representatives of the authority to review the amount of such costs and the
				basis for the authority's determination.
3. The licensee shall thereafter reimburse
				the authority quarterly for such actual costs as have been incurred by or on
				behalf of the authority upon presentation by the authority to the licensee of
				an appropriate invoice or statement therefore.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes › Section VII-121 - Coordination and Cooperation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				authority shall coordinate, consult and cooperate with any federal or state
				agencies, or political subdivisions of the state, having an interest in the
				construction and operation of offshore terminal facilities for dry bulk cargoes
				within the authority's jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:3101 et
				  seq.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes › Section VII-123 - Remedies and Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Whenever enforcement of any provision of these rules and regulations is
				warranted, the authority may initiate and pursue appropriate administrative
				procedures and may issue such orders and decrees as may be necessary and
				authorized by the authority's general rules and regulations, and the authority
				may initiate and pursue all appropriate judicial remedies to assure compliance
				with these rules and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:3101 et
				  seq.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 3 - Approval of Projects and Activities › Section VII-301 - Effect on Onshore Air Quality

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In considering the effect on air quality of a project or activity, the
				Authority shall examine whether the project or activity has a significant
				effect on onshore air quality in the State of Louisiana through consideration
				of compliance with applicable National Ambient Air Quality Standards (NAAQS)
				through air quality modeling based on the project or activity's location,
				projected operations, and potential emission rates.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  34:3113.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part VII - Offshore Terminal Authority › Chapter 3 - Approval of Projects and Activities › Section VII-303 - Air Emissions Recordkeeping and Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each owner or operator shall establish and
				maintain such records, make such reports and provide such information as the
				Authority shall reasonably require or request to assure compliance with this
				Protection Plan. Each such owner or operator shall submit such reports and make
				available such records and information to the Authority as required under this
				Protection Plan or under other rules, regulations, or orders of the
				Authority.
B. The owner or operator
				of an offshore terminal facility shall:
1.
				establish and maintain records of operating parameters necessary to estimate
				actual air emissions in each calendar year;
2. submit a report to the Authority within 45
				calendar days of publication of this Rule, stating the 2020 estimate of actual
				annual air emissions and a comparison to modeled potential emissions, which
				have been demonstrated to comply with the NAAQS;
3. submit a report to the Authority no later
				than March 31, 2022, stating the 2021 estimate of actual annual air emissions
				and a comparison to modeled potential emissions, which have been demonstrated
				to comply with the NAAQS; and
4.
				submit a report no later than March 31 of each year thereafter, stating the
				estimate of actual annual air emissions of the preceding calendar year and a
				comparison to modeled potential emissions, which have been demonstrated to
				comply with the NAAQS.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-301 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. DOTD is responsible for developing public
				  aviation facilities in the state, fostering air commerce, promoting aeronautics
				  statewide, and protecting the health and safety of those engaged in
				  aeronautics. Assistance with the planning, design, construction, and inspection
				  of facilities is provided to local governments whom own the public airports. In
				  addition, state funding is used in many cases to provide all or a portion of
				  the local match requirement, as requested by the airport sponsor, when the
				  improvement is federally funded, received 90 percent or more of project funds
				  from sources other than state funds, or if most or all of the total funding is
				  previously approved by the Legislature.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR No. 67 (1997),
					 R.S.
					 2:6,
					 R.S.
					 2:7, and
					 R.S.
					 2:803(B).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-303 - Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Federal
				  funding for projects is received through grants from the FA A directly to the
				  recipient airport sponsor. Under the Airport Improvement Program (AIP) a
				  minimum of 90 percent of project funds are federal. Occasionally, the FAA may
				  offer a grant requiring a local match of more than 10 percent. When the airport
				  sponsor requests state funding assistance for the local share, the project is
				  evaluated through the priority system because of the use of state dollars. The
				  airport sponsor must coordinate the development of the project with DOTD and
				  the FAA, in order to receive the matching funds through the priority system.
				  When the required match to the federal grant is greater than 10 percent, the
				  state will participate in no more than 10 percent of the project cost, while
				  the local sponsor must provide the remaining amount necessary to match the
				  federal grant. The FAA provides the AIP grants directly to the airport sponsor
				  who is responsible for administering the grant. DOTD may participate in
				  additional funding contributions toward the FAA funded project through the
				  Airport Construction and Development Program.
AUTHORITY
					 NOTE: Promulgated in accordance with USC 49:47101 through 49:47112, SCR No. 67
					 (1997), R.S. 2:6, and
					 R.S.
					 2:803(B).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-305 - Project Identification and Development

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The primary objective of the priority system is to prioritize airport
				  improvement projects. Nonprioritized projects are not included in the priority
				  system as individual projects, but are funded through approved amounts for each
				  category of project. Differences in the criteria for assessing these types of
				  projects and the relatively small amount of state funding available make them
				  impractical to include in the same process with airport improvement
				  projects.
B. Potential projects for
				  inclusion in the priority system are initiated by the airport sponsor or by
				  DOTD. The need for the project may be identified in a master plan, airport
				  action plan, airport layout plan, system planning document, or as a result of a
				  change in conditions or facilities at the airport which is supported through
				  appropriate and sufficient documentation and justification.
C. Only airport development projects are
				  subject to prioritization. Airport administration and operations are not
				  included since they are the responsibility of the airport owner and are not
				  within the purview of the prioritization process.
D. An airport shall not receive state funding
				  from DOTD if affirmed to be in noncompliance with federal and/or state laws,
				  regulations, rules, policies by the FAA, the Louisiana Legislative Auditor, or
				  DOTD. Written notification may be provided to the airport sponsor by
				  DOTD.
AUTHORITY
					 NOTE: Promulgated in accordance with USC 49:47101 through 49: 47107, USC
					 49:48103, SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-309 - Nonprioritized Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Through the
				  legislative approval process for the Priority Program, DOTD may specify
				  nonprioritized programs as needed on the Priority Program.
1. Such statewide programs may include, but
				  are not limited to: planning, navigational aids, discretionary projects,
				  maintenance reimbursement, obstruction removal safety programs, future FAA
				  obligations, the Statewide Marking Program, the Statewide Pavement Surface
				  Treatment Program, the General Aviation Enhancement Program, and the Rural
				  Airport Program.
2. Projects cannot
				  reach the facility improvement stage without going through the planning phase.
				  The following programs are an integral element of the state's aviation program.
a. Navigational aid projects enhance use of
				  the overall state system by providing an increased level of safety.
b. Discretionary projects provide the
				  Aviation Section with the latitude to fund emergency or safety related projects
				  on a real-time basis and to undertake projects which are too small to be
				  eligible for funding through the priority program. The state's airport system
				  would be stagnated without these types of projects.
c. The Maintenance Reimbursement Program
				  assists the general aviation and commercial service airports in the high cost
				  of maintaining an airport, and allows the airport to maintain a safe and
				  operational status.
d. The
				  Obstruction Removal Safety Program is needed to keep the state's airports safe
				  from obstructions that penetrate the airports approach slopes, runway
				  protection zones, and FAR Part 77 surfaces.
e. The future FAA obligations are needed to
				  meet the funding requirements for projects the FAA has funded after the
				  priority program has been approved. This is caused by the state's fiscal year
				  being out of synchronization with the federal fiscal year by approximately
				  three months. This special program precludes the loss of federal funds and
				  improves the state's timely response.
f. The Statewide Marking Program assists
				  airports in maintaining a safe visual marking aid environment on the
				  airfield.
g. The Statewide Pavement
				  Surface Treatment Program and pavement condition index study assists airports
				  in maintaining their pavement in good condition.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-313 - Preliminary Evaluation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  preliminary evaluation is used to screen potential projects and determine those
				  that can realistically be implemented, assuming funding is available.
1. The first step is to determine whether the
				  project should be included in the priority process. There are three basic
				  criteria:
a. project type;
b. project size; and
c. eligibility for federal matching
				  funds.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-315 - Project Support Documentation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once it has
				  been determined that a project is of the type and cost to be considered in the
				  priority system, an evaluation of required supporting documentation will be
				  made. The project application support documentation is a combination of
				  documents and information necessary for DOTD to determine if the project is
				  developed sufficiently for inclusion in the priority listing. Documentation
				  shall include the following items.
1. Project
				  Resolution. The initial document DOTD needs for consideration of any project is
				  a resolution from the public body operating the airport requesting assistance
				  in the development of the project. Generally, the assistance requested would be
				  for both funding and technical assistance. Any commitment from the airport
				  sponsor to participate in the cost of the project is also documented in the
				  resolution. The resolution from the airport sponsor of the airport initiates an
				  agreement between the two parties for joint sponsorship of the project and
				  authorizes state participation in a local project pursuant to applicable
				  provisions of state law. It is also considered a written commitment of support
				  for the project by the airport sponsor. DOTD requires a resolution from the
				  airport sponsor or owner before a project can receive state funds.
2. Funding Sources. Since available state
				  funding historically falls far short of the requested airport needs, it is
				  especially important to use every opportunity to take advantage of the FAA/AIP
				  program, which provides funding grants for eligible projects at eligible
				  airports. A request for 100 percent state funding may be processed for a
				  project that is eligible for AIP funding. Those projects that are requested as
				  FAA/state matching funds will remain on the program as FAA/state matching funds
				  until the airport sponsor requests the project be converted or the airport
				  sponsor submits a new project request with resolution prior to November 1 of
				  each year to have the project prioritized as a 100 percent state funded
				  project. An airport sponsor may request in writing to DOTD to have the project
				  converted from an FAA matching funds project to a 100 percent state funded
				  project.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-317 - Project Priority Rating System

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  There are four categories of evaluation. The categories are as follows:
1. Category I-project type;
2. Category II-facility usage;
3. Category III-sponsor compliance;
4. Category IV-special
				  considerations.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-319 - Category I-Project Type (see Exhibit 1)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  This category is designed to segregate projects by type, defined by the primary
				  purpose of the project. To accomplish this, four subcategories have been
				  designated for project type. These subcategories are:
1. safety;
2. airside preservation;
3. airside improvements; and
4. landside improvements.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-321 - Category II-Facility Scoring (See Exhibit 2)

Current through Register Vol. 50, No. 6, June 20, 2024
A. This category weighs the use of an airport
				  relative to the use of other airports in the system. The basic objective is to
				  support projects that serve the most aviation users. This objective has to be
				  balanced with DOTD's goals of maintaining a viable statewide system of public
				  use airports, and maintaining aviation and public safety. For this reason, air
				  carrier and general aviation airports are prioritized separately.
B. Points are awarded based on the number of
				  aircraft based at the airport and/or the number of commercial enplanements. The
				  point values have been developed to attempt to recognize higher use of an
				  airport while not eliminating a low use airport from consideration for
				  projects. Exhibit 2 shows the point rating structure for this
				  category.
C. The number of based
				  aircraft at an airport, as indicated in the latest 5010 inspection report, or
				  the national based aircraft inventory, is used to determine the relative level
				  of use at an airport. However, the number of operations for each based aircraft
				  is not accounted for by using only the based aircraft numbers. For instance,
				  itinerant operations are not recognized, nor are other operations by aircrafts
				  not based on the field, such as agricultural and military aircraft. All of
				  these factors will affect the overall number of operations at an airport, which
				  is a more accurate measure of airport use. General Aviation airports can
				  confirm their airport's aircraft operations through the utilization of airport
				  operation communication devices that will collect annual data to verify their
				  operational capacity. The airport may incentivize their project scores within
				  the facility usage category of the project scoring criteria through
				  participation in this data collection program.
AUTHORITY
					 NOTE: Promulgated in accordance with USC 49:47103, SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-323 - Category III-Sponsor Compliance (See Exhibit 3)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The "sponsor compliance" category
				  evaluates how effectively the airport owners are operating the airport with
				  respect to established standards and good management practices. Several areas
				  are evaluated in this category that are critical to providing safe and
				  efficient public services. Exhibit 3 shows the evaluation criteria and point
				  values for this category.
B.
				  Airports are affected by the use of the land surrounding them. Certain land
				  uses in the vicinity of an airport can result in restrictions on use of the
				  airport and, in extreme cases, the total closure of the airport.
1. Height Ordinances. Restrictions to prevent
				  the penetration of tall objects into the approach surfaces for aircraft at an
				  airport are very important. Generally referred to as "height hazard zoning,"
				  this type of zoning prevents tall objects that affect the safety of aircraft
				  operations from being built around the airport. Tall objects can cause the
				  displacement of thresholds and the raising of "minimums" for instrument
				  approaches at an airport, thus decreasing the utilization of the airport. The
				  airport represents a substantial public investment and implementation of height
				  hazard zoning by the appropriate local governing body protects the investment
				  by allowing the airport to be used to its full capacity. Points are awarded in
				  this category for having height hazard zoning ordinances in effect at an
				  airport.
2. Compatible Land-Use.
				  Compatible land use zoning is necessary to protect the airport from
				  restrictions placed on it when aviation uses conflict with surrounding land
				  uses. Certain land uses around an airport are incompatible with airport
				  operations because of safety considerations or impacts on landside activities.
				  Noncompatible uses can create conflicts between the community and the airport
				  which may create pressures to restrict use of the airport. Within this
				  category, the implementation of land use zoning is evaluated, and points are
				  awarded for having land-use compatibility zoning in effect around an
				  airport.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-327 - New Airports

Current through Register Vol. 50, No. 6, June 20, 2024
A. An airport
				  that is constructed on a new site presents different prioritization issues than
				  improvements to existing airports. Generally, a new airport will fall into
				  either of two categories.
1. First, an airport
				  that is proposed for an area of the state not served by a public
				  airport.
2. Second, a new airport
				  proposed to replace an existing public airport which, for any number of
				  reasons, is not considered a suitable public airport.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-329 - Prioritization of Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once a
				  determination has been made by DOTD that a project is eligible to be included
				  in the prioritization system, the project will be prioritized using the rating
				  system. The preliminary evaluation of the project should provide the
				  information necessary to complete the process. If adequate information is not
				  available, it will be requested before the project is prioritized. Prioritizing
				  a project without sufficient information may cause a project to receive a
				  higher or lower ranking than it deserves.
B. Point values are assigned in each category
				  using an electronic entry of the worksheet that is included as Exhibit 5. The
				  entry follows the priority rating system and provides the documentation of how
				  the total score for a project was derived. The entry with any subsequent edits
				  is maintained with the project file so that documentation of the value assigned
				  in each category is available.
C.
				  As part of the evaluation of the project, the eligibility of the project for
				  federal funding is noted on the worksheet. If federal funds are already
				  committed, this is also included on the worksheet. When the project is entered
				  in the automated priority system, the eligibility or commitment of federal
				  funding for the project is noted.
D. Some projects will have equal scores after
				  they are evaluated. If these projects fall at a point in the ranking list where
				  a tiebreak is necessary (funded program versus four-year unfunded program),
				  projects with the same score will be ranked based on the highest score in
				  Category I. The project with the higher score in Category I will be ranked
				  higher. If the projects are tied in Category I, Category III is used to break
				  the tie and, if still tied, Category II is used. Should the projects still be
				  tied after examining all four categories, DOTD will review all information
				  submitted, and all future projects on the sponsor's Capital Improvement Plan
				  (CIP) to determine which project will provide the safest and best support to
				  the State's Aviation System.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-331 - Priority Ranking System

Current through Register Vol. 50, No. 6, June 20, 2024
A. After the
				  total evaluation score for a project is determined, it is entered into a
				  priority ranking system and its relative ranking is determined. This system
				  ranks projects by descending score in the commercial service airport or general
				  aviation airport priority program, as appropriate.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-333 - Program of Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. The list of
				  projects for air carrier and general aviation airports, prioritized by
				  evaluation score, represent the program of projects that DOTD will implement
				  through its development program. The actual number of projects from each list
				  that will ultimately be constructed is dependent upon the level of funding that
				  DOTD receives each year.
B. The
				  priority system has been designed to allow inclusion of a cost estimate for
				  each project. The estimate is broken down by federal share, state share, and
				  local sponsor share. Since the system is designed to prioritize the use of
				  state monies, the state funds required for a project are key to developing a
				  program of projects.
C. Most
				  projects will require more than one year to design, acquire land (if
				  necessary), and construct. When a project that is programmed to be funded over
				  two or more fiscal years is included in the program, the phase of work (design,
				  construction phase I, construction phase II) will be noted along with the cost
				  of that phase. Subsequent phases may be shown at the top of the four-year
				  unfunded list. As projects are constructed and more funding becomes available,
				  remaining projects with the highest scores will be placed in the construction
				  program to the extent that funding is available. The projects for which funding
				  is available will not be changed until more funds become available. Projects on
				  the four year unfunded list recompete for funding each fiscal year until they
				  are funded or canceled from the list in accordance with the Airport
				  Construction and Development Priority Program. Due to needs, cost estimates,
				  airport operational situations, and other regular data changes, after three
				  years all projects which have not received an executed grant may be canceled
				  from the program. Written notice may be provided to the airport sponsor to
				  ensure the sponsor understands that any canceled projects will need to be
				  reapplied for to recompete in the program for funding consideration. If
				  projects are canceled from the program, they must be resubmitted with updated
				  information. They will then be reviewed and reentered into the priority
				  system.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997),
					 R.S.
					 2:6, and
					 R.S.
					 2:802.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-335 - Project Available for FAA Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Special consideration for projects that will receive FAA funding is included in
				  the priority system. The priority system is a listing of the projects in the
				  order that the state considers implementation desirable based on the state's
				  overall aviation development policies.
B. There are two decisions that DOTD makes
				  when seeking FAA funding for its program. Projects planned at NPIAS airports
				  that are types in which FAA will participate are noted in the CIP. This enables
				  DOTD to present a proposed program of projects to the FAA that are eligible for
				  FAA funding and that reflect state priorities. The Aviation Section then
				  negotiates with the FAA to secure federal funding for top ranked projects. The
				  second consideration for FAA funding is projects the FAA will fund, that do not
				  appear in the implementation program based on priority rankings. DOTD cannot
				  reject a project that will receive funding from the FAA. In these cases, a
				  project that has received a commitment for federal funds is to be automatically
				  included in the list of projects for implementation in the current year. If the
				  current year program is already developed, the project is given top priority in
				  the next year program or may be funded by future FAA obligation funds or funds
				  available from cost underruns. Therefore, it is important that airports seeking
				  federal funding for projects that are eligible for matching funds from the
				  aviation program coordinate their application with both the FAA and
				  DOTD.
AUTHORITY
					 NOTE: Promulgated in accordance with USC 49: 47103, USC 49:47109, SCR 67 (1997)
					 and R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 3 - Airport Construction and Development Priority Program Process › Section IX-337 - General Aviation Airport Certification (GAAC) Pilot Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The GAAC Pilot Program is a program
				  designed to enhance the economic impact, development, and marketing strategies
				  of the general aviation airports who elect and are approved to participate in
				  the program. This shall be an opt-in program, which means the airport sponsor
				  has the option of participating in a value adding and strategically based
				  program. The prioritization of additional point values within this program are
				  reflected in Exhibit 4. The state considers implementation based on the
				  airport's overall safety strategies, airport development policies, revenue
				  procedures, documented inspection practices, and utilization of infrastructure
				  improvements, which are consistent with the overall development objectives of
				  the LASP and the GAAC Program.
B.
				  Program Application Requirements
1.
				  Applications in writing for the GAAC shall be filed with DOTD, in accordance
				  with this Chapter and the GAAC, prior to the beginning of participation in the
				  program. Failure to file the application in its entirety may result in the
				  application being delayed, suspended, or denied.
2. Once a fully executed application is
				  received, DOTD may assign a program number to the airport sponsor/airport to
				  complete the review and provide advance notification to the airport sponsor
				  confirming receipt and a qualification determination. The airport sponsor shall
				  be notified of the program number and estimated timeframe for review of the
				  application packet.
3. The airport
				  sponsor shall provide all information for the GAAC Policy Program to verify the
				  airport qualifications including, but not limited to, airport operations,
				  safety protocols, security, revenue practices, audits, pavement management
				  plan, airport self-inspection program, maintenance practices, minimum
				  standards, rates/charges, wildlife mitigation plan, airport emergency operation
				  plan, training requirements, grant management performance, and airport
				  compliance procedures.
4.
				  Determination. DOTD shall make an initial determination of whether the airport
				  sponsor and airport qualify for the GAAC Pilot Program. If additional
				  information is required after the initial review is completed, DOTD may
				  request, in writing, additional information from the airport sponsor.
5. If the airport sponsor and airport are
				  qualified by DOTD to participate in the GAAC Pilot Program, DOTD will provide
				  guidance in writing to the airport sponsor regarding the next steps to proceed
				  in the certification process of the airport sponsor and airport, in accordance
				  with the GAAC Policy Program and the Airport Construction and Development
				  Program.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-501 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to Title 2 of the Louisiana
				  Revised Statutes, the Louisiana Department of Transportation and Development,
				  specifically the Aviation Division, hereafter DOTD, manages and administers the
				  airport project process and grant award procedures.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-503 - Airport Project Grant Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
				  Requirements. Airport sponsors shall submit an Airport Project Grant
				  Application to DOTD for review and funding protocol, upon request, notification
				  of Airport Construction and Development Priority Program approval, or otherwise
				  in accordance with the Louisiana Aviation Program. The grant application shall
				  be executed and approved by the airport sponsor or the authorized designee. The
				  authorized designee shall not be the airport's engineer or consultant.
				  Additionally, an airport's engineer or consultant may not execute the grant
				  application on the airport's behalf.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-505 - Grant Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt
				  and successful review of the airport's grant application, DOTD will develop and
				  transmit an eligible grant award through a Sponsor State Agreement to the
				  airport sponsor for the DOTD approved funding amount for the project. The grant
				  shall be fully executed with the airport sponsor official's authorized
				  signature. A fully executed grant resolution passed by the airport sponsor
				  authorizing the execution of the grant shall be attached when the grant is
				  returned to DOTD. DOTD may furnish a grant resolution or an airport sponsor may
				  elect to use its own grant resolution. The airport sponsor may download a grant
				  resolution form from the DOTD website to adhere to the minimum required
				  language. If the airport sponsor elects to use its own grant resolution, the
				  minimum resolution language required by DOTD shall be included. An incomplete
				  grant resolution or incomplete grant document shall not be processed by DOTD.
				  The grant document and/or grant resolution may be returned to the airport
				  sponsor for correction or full execution before processing.
B. Grant resolutions executed to authorize a
				  grant award shall be dated within one calendar year from the date of the
				  executed grant award.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-507 - Project Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15
				  business days, the airport sponsor shall notify DOTD of any legal disputes or
				  contract breaches on any projects that have state funds allocated to them
				  through the Airport Construction and Development Priority Program.
B. DOTD's participation in the project shall
				  in no way be construed to make DOTD a party to any contractual agreements
				  between the airport sponsor and its consultants, engineers, contractors, or any
				  other local binding agreements.
C.
				  The sponsor is responsible for assuring all necessary surveys, engineering
				  reports, plans, specifications and cost estimates for the project are in
				  accordance with the applicable FAA/DOTD requirements, and the sponsor shall
				  submit one copy of the executed engineering service agreement to DOTD along
				  with Sponsor Certification #1.
D.
				  It is the policy of the U.S. Department of Transportation that small business
				  firms owned and controlled by socially and economically disadvantaged persons
				  and other persons defined as eligible in Title 49 Code of Federal Regulations,
				  Part 26 ( 49 CFR
				  26) shall have maximum opportunity to
				  participate in the performance of contracts financed in whole or in part with
				  federal funds.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-509 - Payments and Reimbursements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The airport
				  sponsor shall submit the request for reimbursement to the DOTD. The request
				  shall only be submitted for work that has been completed and eligible expenses
				  incurred that have been paid in full by the airport sponsor. The request for
				  reimbursement shall not exceed one submittal per month. All payment request
				  amounts shall be submitted to ensure all amounts and information are within the
				  limits of the Airport Construction and Development Priority Program, as
				  approved by the Legislature for the program.
B. The airport sponsor shall maintain
				  invoices and copies of the checks for invoice payments for reimbursement by
				  DOTD. Both the engineer and the airport sponsor shall certify that the
				  completed work shown on each payment request is an accurate representation of
				  the work accomplished during the estimated period and that the work
				  substantially complies with the plans and specifications. All charges shall be
				  subject to verification, adjustment, and/or settlement by DOTD. The airport
				  sponsor shall withhold retainage in accordance with state law (e.g., 10 percent
				  up to $500,000 and 5 percent thereafter).
C. The airport sponsor shall reimburse all
				  amounts cited by DOTD due to the airport sponsor's non-compliance with federal
				  laws, state laws, regulations and policies. The cited amounts reimbursed by the
				  airport sponsor shall be returned to the airport sponsor upon clearance of the
				  citation(s). No new projects will be approved until the cited amount is
				  reimbursed to DOTD, or the citation is cleared.
AUTHORITY
					 NOTE: Promulgated in accordance with SCR 67 (1997) and
					 R.S.
					 2:6.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 5 - Airport Project and Grant Management Procedures › Section IX-511 - Project Completion and Close Out

Current through Register Vol. 50, No. 6, June 20, 2024
A. The airport
				  sponsor shall submit all final billings for all phases of work within three
				  months after the final inspection of the project, unless prior arrangements
				  have been made with DOTD. Failure to submit these billings prior to the
				  completion of this three-month period shall result in the project being closed
				  on previously billed amounts, and any unbilled cost shall be the responsibility
				  of the airport sponsor.
B. DOTD
				  will not approve the Sponsor's request for the final reimbursement until each
				  of the below items are received and are satisfactorily completed.
1. Within 45 days after recording the final
				  acceptance of the project, the contractor shall submit to the sponsor a clear
				  lien certificate from the recorder's office of the parish or parishes in which
				  the work was performed. If the contractor is unable to obtain a clear lien
				  certificate, the sponsor may deposit the retainage with a court of competent
				  jurisdiction.
2. Upon successful
				  completion of the project, the airport sponsor shall submit to DOTD the
				  following information in Airport Construction and Development Priority Program:
a. the airport sponsor letter of
				  acceptance;
b. a final
				  reimbursement request;
c. an
				  updated airport layout plan (ALP), if applicable;
d. as-built construction plans and
				  specifications;
e. the final
				  quantities including any changes; and
f. airport sponsor certifications.
3. Upon successful completion of
				  pavements projects, the airport sponsor shall submit to DOTD close out
				  documents, including but not limited to the title page, project overview/layout
				  page, the quantities page (used to identify material specifications if not in
				  the cross section information), demolition plan, the typical cross-section
				  page, the paving/geometry page, and joint layout/details page (if
				  applicable).