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76340
Federal Register
/Vol. 65, No. 235/Wednesday, December 6, 2000/Notices
of the ATNS to rigorously analyzepredicted noise exposures usingdifferent altitude ceilings. Using aresearch and development tool, FAAanalyzed data from a major airspaceproject and proposed alternative thatreflected the largest proposed changes tothe current area airspace design. Thescience-based study provided analysison the difference in noise screeningresults by comparing results using an18,000 feet AGL altitude ceiling withresults using 10,000, 12,000, 14,000, and16,000 feet AGL. Completed in July1999, the results revealed equivalentpredicted noise exposure values using a10,000 feet ceiling as were predictedusing a 18,000 feet ceiling. In addition,since the ATNS was implemented,proposals to change air trafficprocedures have not identified 5 decibelor greater changes at altitudes above10,000 feet AGL.The results of this analysis confirmthat an altitude cut-off of 10,000 feetAGL has materially the same predictivecapability as the ATNS run to 18,000feet AGL. The FAA has determined thatthe public interest is served by thisaction. The policy change enables theAir Traffic Service to avoidunproductive agency resource use;further, the policy change enablesresource allocation to more timelyanalysis of environmental conditions forproposed airspace projects withoutchanging environmental protection andconsideration to affected communities.
Air Traffic Noise Screen Policy
Beyond the airport environs, aircraftfollowing air traffic routes andprocedures normally do notsignificantly influence the noiseenvironment of underlying land uses.Air traffic procedures for operationsover 3,000 feet AGL are normallycategorically excluded fromenvironmental assessment requirementsdelineated in FAA Order 1050.1,Environmental Impacts: Policies andProcedures.At the same time, in recognition thatsome actions that are normallycategorically excluded can be highlycontroversial on environmentalgrounds, the FAA has developed theATNS which allows air trafficspecialists and planners to evaluatepotential noise impacts from proposedair traffic changes. The ATNS is acomputerized noise screening procedurethat provides guidance to air trafficmanagers in identifying air trafficchanges that will increase aircraft noiseexposure, and the possible need for anenvironmental assessment.The ATNS will be used to evaluateproposed changes in arrival procedures between 3,000 feet and 7,000 feet anddeparture procedures between 3,000and 10,000 feet AGL, for large civil jetaircraft weighing over 75,000 pounds.Where a proposed change would causean increase in noise of 5 dB DNL orgreater, FAA considers whether thereare extraordinary circumstances inaccordance with Order 1050.1 thatwarrant preparation of anenvironmental assessment.
Issued in Washington, DC November 30,2000.
Nancy B. Kalinowski,
Deputy Program Director for Air TrafficAirspace Management, ATA–1.
[FR Doc. 00–31090 Filed 12–5–00; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATIONFederal Aviation AdministrationPilot Program To Permit Cost-Sharingof Air Traffic Modernization Projects
AGENCY
:
Federal AviationAdministration (FAA), DOT.
ACTION
:
Notice of final programguidance; request for sponsors’expressions of interest for air trafficmodernization cost-sharing projects forfiscal years 2001, 2002, and 2003.
SUMMARY
:
On August 14, 2000, the FAAissued proposed program guidance onSection 304 of the Wendell H. FordAviation and Investment Reform Act forthe 21st Century (AIR–21), whichauthorizes a pilot program for cost-sharing of air traffic modernizationprojects. The FAA is now issuing finalprogram guidance and is requestingsponsors’ expressions of interest forcost-sharing projects for fiscal years2001, 2002, and 2003. The commentsthat the FAA received on the proposedguidelines and FAA’s responses can befound below under the heading
SUPPLEMENTARY INFORMATION
.
Thepurpose of Section 304 is to improveaviation safety and enhance mobility byencouraging non-Federal investment ona pilot program basis in critical airtraffic control facilities and equipment.Under the pilot program, the Secretaryof Transportation may make grants toeligible project sponsors for not morethan ten eligible projects, with eachproject limited to Federal funding of $15,000,000 and a 33 percent Federalcost share. A project sponsor may be apublic-use airport (or a group of public-use airports), or a joint venture betweena public-use airport (and a group of public-use airports) and one or moreU.S. air carriers.
DATES
:
Initial sponsors’ expressions of interest should be received by the FAA’sAir Traffic System RequirementsService on or before January 19, 2001.
ADDRESSES
:
Sponsors’ expressions of interest should be mailed or delivered,in duplicate, to the Federal AviationAdministration, Air Traffic SystemRequirements Service (ARS–1), Room8206, 400 7th Street, SW, Washington,DC 20590. Electronic submissions of expressions of interests will not beaccepted. Deliveries may be made between 8:30 a.m. and 5 p.m. weekdays,except Federal holidays. An electroniccopy of this notice may be downloadedusing a modem and suitablecommunications software from the FAAregulations section of the FedWorldelectronic bulletin board service(telephone: 703–321–3339) or theGovernment Printing Office’s electronic bulletin board service (telephone: 202–512–1661).
FOR FURTHER INFORMATION CONTACT
:
Ward Keech (202–267–3312) or CharlesMonico (202–267–9527), Office of Aviation Policy and Plans (APO),Federal Aviation Administration, 800Independence Avenue, SW,Washington, DC 20590.
SUPPLEMENTARY INFORMATION
1. Background
In performing its mission of providinga safe and efficient air transportationsystem, the FAA operates and maintainsa complex air traffic control systeminfrastructure. Section 304 of theWendell H. Ford Aviation andInvestment Reform Act for the 21stCentury (AIR–21) authorizes a pilotprogram to permit cost-sharing of airtraffic modernization projects, underwhich airports and airport/airline jointventures may procure and installfacilities and equipment in cooperationwith the FAA. The purpose of Section304 is to improve aviation safety andenhance mobility in the airtransportation by encouraging non-Federal investment on a pilot program basis in critical air traffic controlfacilities and equipment. The pilotprogram is intended to allow projectsponsors to achieve accelerateddeployment of eligible facilities orequipment, and to help expand aviationinfrastructure.This notice responds to congressionaldirection that the FAA issue advisoryguidelines on implementation of thepilot program.
2. Responses to Comments Requested inAugust 14, 2000 Federal Register Notice
The August 14, 2000, notice requestedcomments on FAA’s proposed program
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Federal Register
/Vol. 65, No. 235/Wednesday, December 6, 2000/Notices
guidance. The comments that the FAAreceived on the proposed guidelines andFAA’s responses to those comments aresummarized below:a. A commenter suggested that theguidance should clearly allow andexplicitly acknowledge that projectfacilities, equipment and automationtools may or may not be transferred tothe FAA for operation and maintenance.The commenter points out that theproposed guidance did not exclude thepossibility that certain pilot projectswill not be transferred to the FAA foroperation and maintenance. The FAAagrees with this comment. It was not theintent of the stature or the FAA torequire project transfer. The FAA haschanged the guidance to clarify that theproject sponsor may elect to transfer ornot transfer the project to the FAA. TheFAA has also clarified the requirementthat, at the time of transfer, the projectshould be operable and maintainable bythe FAA and should comply with FAAOrder 6700.20, Non-FederalNavigational Aids and Air TrafficControl Facilities, or any successorOrder then in effect. The FAA has alsoclarified the requirement that, if theproject is not transferred to the FAA, thesponsor remains liable for all operationsand maintenance costs, including thecosts of capital sustainment. b. A commenter objected to theproposed criterion that the project beconsistent with FAA’s air trafficequipment/systems infrastructure andarchitecture. The FAA does not concur.It is essential that a pilot project becompatible and consistent with FAA’sair traffic equipment/systemsinfrastructure and architecture becauseFAA is statutorily liable for operatingand maintaining the project if thesponsor elects to transfer it to the FAA.c. A commenter objected to theproposed criterion that the project be avalidated project of an FAA program.The FAA does not concur. By statute,funding to carry out the Federal share of the program may be available fromamounts authorized to be appropriatedunder 49 U.S.C. 48101(a) (FAA’sFacilities and Equipment authorization)for fiscal years 2001 through 2003.Given that there are no specificallyappropriated funds for the pilotprogram, FAA has chosen to limit pilotprogram eligibility to validated projectsof FAA programs. To do otherwisecould result in Federal funding of pilotprogram projects at the expense andexclusion of non-pilot program projectswhich are generally expected to yieldgreater returns to the safety andefficiency of the air transportationsystem.d. A commenter expressed concernabout the proposed criterion that projecthardware have a useful and expectedlife of ten years or more. The commenternoted that the requirement isimpractical as applied to commercialoff-the-shelf computers which cannot bemaintained cost-effectively for morethan 5 years or so after the purchasedate. The FAA acknowledges the meritof this comment. The FAA has changedthe criterion to ‘‘the project should havea useful and expected life of ten yearsor more, notwithstanding the possibleneed to replace project componentsduring its operating life.’’
3. Final Program Guidance
This section restates the statutorylanguage of AIR–21 Section 304 andoutlines FAA’s supplementary criteriafor the pilot program. FAA’s evaluationand screening criteria are outlined inSection 3.6 of this notice.
3.1Eligible Project Sponsors
3.1.1Statutory Provisions for SponsorEligibilityThe term ‘‘project sponsor’’ means apublic-use airport or a joint venture between a public-use airport and one ormore air carriers.3.1.2Supplementary FAA Criteria forSponsor EligibilityAn eligible project sponsor is apublic-use airport (or group of airports),either publicly or privately owned,acting on its own or in a joint venturewith one or more U.S. air carriers. Alllanding facilities meeting these criteriaare eligible, including but not limited tocommercial service airports, relieverairports, general aviation airports,heliports, etc. All eligible sponsors areencouraged to participate.
3.2Eligible Projects
3.2.1Statutory Provisions for ProjectEligibilityThe term ‘eligible project’ means acritical project relating to the Nation’sair traffic control system that is certifiedor approved by the Administrator andthat promotes safety, efficiency, ormobility. Such projects may include:a. airport-specific air traffic facilitiesand equipment, including local areaaugmentation systems, instrumentlandings systems, weather and windshear detection equipment, lightingimprovements, and control towers; b. automation tools to effectimprovements in airport capacity,including passive final approachspacing tools and traffic managementadvisory equipment; andc. facilities and equipment thatenhance airspace control procedures,including consolidation of terminalradar control facilities and equipment,or assist in en route surveillance,including oceanic and offshore flighttracking.The statute limits the pilot program to10 eligible projects.3.2.2Supplementary FAA Criteria forProject Eligibilitya. The project should be consistentwith FAA’s air traffic equipment/systems infrastructure and architectureand should be a validated project of anFAA program. The project should beinitiated within two years of projectapproval and completed/commissionedwithin five years of project approval(allowing for an environmental impactstudy (if necessary), acquisition, supplysupport, training programs, etc.). b. Equipment and facilities shouldmeet applicable FAA advisory circularsnad specifications. New or modifiedcomputer software is eligible if it meetsall other criteria.c. The project should serve thegeneral welfare of the flying public; itshould not be used for the exclusiveinterest of a for-profit entity.d. Any facility/equipment acquiredunder the project should be a new asset,not an asset that the sponsor has alreadyacquired or committed to acquiring.Either the FAA or the sponsor may useits acquisition authority and acquisitionvehicles to procure and install facilitiesand equipment under the pilot program.In the case where the FAA manages theprocurement, existing FAA contractswill be used where possible. Unlessotherwise stipulated in the agreementexecuted between the sponsor and theFAA, liability for cost over-runs will beshared between the FAA and thesponsor in accordance with their projectcost shares (however, the FAA’s totalcost share is limited by statute to$15,000,000 per project). Equipment inFAA’s inventory that has not beenpreviously adopted qualifies as eligibleequipment.e. The project should have a usefuland expected life of ten years or more,notwithstanding the possible need toreplace project components during itsoperating life.f. If a sponsor submits more than oneproject nomination, each project shouldform part or all of an integrated system.g. A project may not be co-mingledwith other FAA cost-sharing programs(
e.g.,
the provisions of AIR–21 Section131 that authorize cost-sharingprograms for airport traffic control toweroperations and construction).
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Federal Register
/Vol. 65, No. 235/Wednesday, December 6, 2000/Notices
h. All equipment and structuresshould meet OSHA standards foremployee safety and fire protection.Where land is involved, the propertyshould meet all environmentalcompliance requirements, includingnoise, hazardous material, propertyaccess, and zoning rights.i. A project may not create an increasein the controller or airways facilityworkforces during the pre-transferperiod (see section below titled‘‘Transfer of Facility or Equipment toFAA’’).
3.3Funding 
3.3.1Statutory Provisions for FundingThe Federal share of the cost of aneligible project carried out under thepilot program shall not exceed 33percent. No project may receive morethan $15,000,000 in Federal fundingunder Section 4810(a) of Title 49,United States Code (FAA’s Facilitiesand Equipment appropriation). TheSecretary shall use amountsappropriated under Section 48101(a) forfiscal years 2001 through 2003 to carryout the program.The sponsor’s share of the cost of aneligible project shall be provided fromnon-Federal sources, including revenuescollected pursuant to Section 40117 of Title 49, United States Code (passengerfacility charges).3.3.2Supplementary FAA Criteria forFundingFAA is not obligated to fund one-thirdof the total projects costs; rather, FAA’sshare may not exceed this threshold.The project sponsor must provide two-thirds or more of the total project cost.The Federal and non-Federal shares of project cost may take the form of in-kindcontributions. If selected for the pilotprogram, a sponsor may use passengerfacility charge (PFC) revenues to acquireand install eligible facilities andequipment, but not to fund theiroperation or maintenance. Normal PFCprocessing procedures under FederalAviation Regulation 14 CFR Part 158will be used to approve the impositionof a PFC or the use of PFC revenue asthe non-Federal share of a pilot programproject.Project funding may be effectedthrough a grant, a cooperativeagreement, or other applicableinstrument. Non-Federal matchingcontributions applied to any otherFederal project or grant may not be usedto satisfy the sponsor’s cost share underthis pilot program. FAA may utilizeequipment in its inventory that has not been previously deployed.The following criteria apply to thecalculation of the cost-sharing ratio:a. Project costs are limited to thosecosts that the FAA would normallyincur in conventional facilities andequipment funding (
e.g.,
if land/right-of-way must be acquired or leased for aproject, its cost can be included in thecost-sharing ratio only if FAA wouldotherwise incur it in conventionalprogram funding). b. Operations and maintenance costsof the project, both before and after anysponsor-elected project transfer to theFAA, will not be considered as part of the cost-share contribution.c. Non-federal funding may includecash, substantial equipmentcontributions that are wholly utilized asan integral part of the project, andpersonnel services dedicated to theproposed project prior tocommissioning, as long as suchpersonnel are not otherwise supportedwith Federal funds. The non-federalcost may include in-kind contributions(
e.g.,
 buildings). In-kind contributionswill be evaluated as to whether theypresent a cost that FAA wouldotherwise incur in conventionalfacilities and equipment funding.d. Aside from in-kind contributions,only funds expended by the sponsorafter the project approval date will beeligible for inclusion in the cost-sharingratio.e. Unless otherwise specified by thesecriteria, the principles and standards fordetermining costs should be conductedin accordance with OMB Circular A–87,Cost Principles for State, Local, andIndian Tribal Governments.f. As with other U.S. DOT cost-sharinggrants, it is inappropriate for amanagement/administrative fee to beincluded as part of the sponsor’scontribution. This does not prohibitappropriate fee payments to vendors orothers that may provide goods orservices to support the project.By statute, funding to carry out theFederal share of the program may beavailable from amounts authorized to beappropriated under 49 U.S.C. 48101(a)(FAA’s Facilities and Equipmentauthorization) for fiscal years 2001through 2003. FAA funding decisionswill be made in concert with the projectevaluation and project selectionprocesses discussed later in this notice.FAA may choose to use specificallyappropriated funds, to re-program fundsfrom within existing facilities andequipment project appropriations, or tofund from within existing budget lineitems.The U.S. Department of Transportation and the ComptrollerGeneral of the United States have theright to access all documents pertainingto the use of Federal and non-Federalcontributions for selected projects.Sponsors should maintain sufficientdocumentation during negotiations andduring the life of the project tosubstantiate costs.
3.4Transfer of Facility or Equipment to FAA
3.4.1Statutory Provisions for Facilityor Equipment TransferNotwithstanding any other provisionof law, project sponsors may transfer,without consideration, to the FAA,facilities, equipment, and automationtools, the purchase of which wasassisted by a grant made under thissection. The FAA shall accept suchfacilities, equipment, and automationtools, which shall thereafter be operatedand maintained by the FAA inaccordance with criteria of the FAA.3.4.2Supplementary FAA Criteria forFacility or Equipment TransferProject transfer to the FAA will be atthe sponsor’s election. At the time of transfer, the project should be operableand maintainable by the FAA andshould comply with FAA Order6700.20, Non-Federal Navigational Aidsand Air Traffic Control Facilities, or anysuccessor Order then in effect. If theproject is not transferred to the FAA, thesponsor remains liable for all operationsand maintenance costs, including thecosts of capital sustainment.In the event of transfer, software code,data rights, and support tools should beprovided to the FAA at no cost to theFAA.
3.5Application Procedures
Application to the pilot programconsists of two phases, as described below. The purpose of Phase 1 is toallow the FAA to gauge the level of interest, to provide preliminaryresponses to potential sponsors withoutcausing applicant sponsors to expendexcessive resources on projectapplications that have very limitedchances of acceptance because of needor cost, and to plan for subsequentprogram implementation. In Phase 2,sponsors will provide more detailedapplications, and final FAAevaluations/project selections will becompleted.3.5.1Phase 1: Sponsor’s Expression of InterestA Phase 1 expression of interestshould reflect a meaningful proposaland should not be submitted by apotential sponsor as a placeholder. ThePhase 1 submission is not binding butit should reflect accurate estimates of project cost and sponsor contributions.Sponsors should submit written
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