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-311 - Air Carrier Airports versus General Aviation Airports

Current through Register Vol. 50, No. 6, June 20, 2024
A. One of the basic objectives of a priority
				  process is to identify projects that benefit the highest number of aviation
				  system users; however, it primarily identifies projects that have the greater
				  need, even if the airport serves less users than another airport. When airports
				  are compared based on persons served, airports offering scheduled or
				  unscheduled passenger airline service to the public serve more persons than
				  airports that support general aviation activity. Differences in the size,
				  revenue generation capability, and usage of commercial service air carrier
				  airports-those airports that enplane 2,500 or more passengers annually-as
				  compared to general aviation airports make it difficult to compare the need for
				  projects between the commercial service air carrier and general aviation
				  airports.
B. Due to aircraft size,
				  weight, speed, operational characteristics, and FAA design standards,
				  facilities at air carrier airports have more demanding requirements, resulting
				  in costlier engineering and construction. Because of the significant
				  differences between air carrier and general aviation airports project
				  standards, each group's projects are prioritized separately.
C. The air carrier airports priority projects
				  must have an established funding level, just as the general aviation priority
				  projects must have an established funding level. To accomplish this, the total
				  funds available for airport improvement projects in a given year are allocated
				  between air carrier and general aviation airport projects in a ratio of 65
				  percent for air carrier airports and 35 percent for general aviation airports.
				  This balance is adjusted if there are insufficient projects in either category
				  to fully utilize available funding. This 65 percent/35 percent allocation is
				  based on past experiences in the state's aviation program and the levels of
				  state funding allocated to each type of airport. It also reflects the fact that
				  air carrier airports have a greater capability of generating revenue through
				  means unavailable to general aviation airports such as: concessions, vendor
				  leases, landing fees, airline contracts, passenger facility charges, rental car
				  lease agreements, and consolidated rental car facility charges. Passenger
				  facility charges (PFC) are charges passed on to a commercial service passenger,
				  which can be collected by the airport to fund projects not otherwise funded.
				  These projects are eligible to be approved by the FAA for 100 percent funding
				  through the PFC collection. Therefore, those portions of projects using PFC
				  funds are not eligible to receive matching funds from the state.
D. The division of projects by air carrier or
				  general aviation airport categories results in two project priority lists, one
				  for each of the two types of airports.
E. LAS has air carrier airports that are FAR
				  Part 139 certificated. Due to this federal certification standard, these
				  airports are required by the FAA to meet all standards set forth in FAR Part
				  139. Therefore, each of these airport's projects will be prioritized in
				  accordance with the Air Carrier Enhancement Program. Programmed projects shall
				  receive a calculated percentage of the Airport Construction and Development
				  Priority Program for Air Carrier Airports each year based on the annual
				  aviation appropriation approved by the Louisiana State Legislature. The
				  percentage shall be reviewed and recalculated/revised every two years by DOTD
				  in accordance with the Air Carrier Enhancement Program. The projects included
				  in the Air Carrier Airport Construction Program may be prioritized and selected
				  utilizing a process based system. That system includes, but may not be limited
				  to, objective analysis and public data that considers, at a minimum, aviation
				  factors relative to project eligibility for funding within the air carrier
				  airport construction program, hub classification status, economic analysis,
				  studies by DOTD, FAA data for enplanements, operations, historical funding, and
				  financial/grant management practices.
1. Air
				  Carrier Enhancement Pilot Program (ACE Program)-The ACE Program is designed to
				  allow maximum flexibility in construction and development project requests
				  while retaining the need and integrity of continuing the process to compile and
				  develop a prioritized list of projects to be complete at air carrier airports.
				  The program shall foster operational safety and provide for the optimal use and
				  efficiency of existing transportation facilities and funding strategies.
				  Further, it may support resiliency in the transportation system and promote
				  diverse economic development, job growth, commerce, and tourism. It shall
				  encourage innovation, support environmental practices, and improve the quality
				  of life for Louisiana citizens. The primary objective of the ACE Program is to
				  prioritize airport improvement and development projects in accordance with the
				  air carrier airport sponsor capital improvement plans (CIP), and the desired
				  necessity to adapt to air carrier airport operational requirements. Percentage
				  formulas derived through the program process shall include, but may not be
				  limited to, FAA hub classification, enplanements, and operations in accordance
				  with the air carrier entitlement program. Projects shall be included in the
				  priority system evaluation as individual projects, but shall be funded through
				  the total approved percentage amounts for each airport the category of projects
				  requested. Differences in the criteria for assessing these types of projects,
				  the costly amount of these projects, and the complex nature of the project
				  timelines require state funding to be available to ensure practicality and
				  inclusion in the same process with FAA and other federally funded airport
				  improvement projects and processes. State statutes require a priority system to
				  document and prioritize projects in logical order for addressing documented
				  needs at the state's air carrier public airport system. The priority system is
				  a process that has been developed to allocate planned consistent and reliable
				  funding to air carrier airports to ensure they are able to address their
				  critical needs and the needs of the LAS. The system reflects the state's
				  development policy for the airport system, assigning higher values to projects
				  which are consistent with the policy and the LASP.
a. From the estimated percentage of
				  allocation amount, air carrier airports shall first provide funding for all
				  match requirements to FAA grants received during each fiscal year the ACE is
				  allocated.
b. Any remaining funds
				  may be used for the next highest priority or appropriate project as identified
				  by the airport sponsor through project support documentation submitted to
				  DOTD.
c. Air Carrier airports may
				  state their intent in writing to enhance their larger project requests by
				  merging the previous year funded allocation amount and/or any remaining funds
				  from previously approved projects for a legislatively approved project with
				  their planned allocated amount and the request on file for the next fiscal year
				  program to ensure and have the ability to fund a larger multi-year
				  project.
d. If the air carrier
				  airport elects to change a project that was previously prioritized or submitted
				  as a merger project, the air carrier airport shall submit their intent to do so
				  to DOTD in writing. The current project shall be canceled, and the new project
				  shall be submitted in accordance with the prioritization process in the Airport
				  Construction and Development Program. Funds, which had been approved for the
				  canceled project will be reallocated to any other prioritized project the
				  legislature has approved as needed in accordance with reallocation compliance
				  procedures statutorily or by DOTD.