Passenger facility charges; applications, etc.: John F. Kennedy International Airport, NY, et al.,

[Federal Register: April 13, 1999 (Volume 64, Number 70)]

[Notices]

[Page 18065-18066]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13ap99-133]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on an Application To Impose a Passenger Facility Charge (PFC) at John F. Kennedy International Airport (JFK), LaGuardia Airport (LGA), and Newark International Airport (EWR), and To Use the Revenue from the PFC at JFK

agency: Federal Aviation Administration (FAA), DOT.

action: Request for comments, notice of intent to rule on a PFC application.

summary: This document requests public comment on (1) the supplementary material provided by the applicant, the Port Authority of New York and New Jersey (PANYNJ), in support of its application to the FAA for authority to impose a PFC at JFK, LGA, and EWR and use the PFC revenue at JFK to construct an airport ground access light rail system (LRS), and (2) FAA and Federal Transit Administration memoranda pertaining to the supplemental material, and correspondence from the FAA to the PANYNJ concerning the supplemental material.

The FAA's prior decision, dated February 9, 1998, on the PANYNJ's application was vacated and remanded by the United States Court of Appeals for the District of Columbia Circuit on March 5, 1999. In accordance with the Court's order, the FAA is soliciting public comment on the supplementary material. The FAA will review the comments received and issue a new decision approving or disapproving the application, in whole or in part, within 120 days of the date of this Notice. The new ruling will be issued under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158).

dates: Comments must be received on or before May 13, 1999.

addresses: Comments on this supplemental information may be mailed or delivered in triplicate to the FAA at the following address: Mr. Phil Brito, Manager, New York Airports District Office, 600 Old Country Road, Suite 446, Garden City, NY 11530.

In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Anthony G. Cracchiolo, Director, Priority Capital Projects, Port Authority of New York and New Jersey, One World Trade Center, 63 South, New York, NY 10048.

for further information contact: Mr. Thomas Felix, Planning and Development Branch (AEA-610), Fitzgerald Federal Building, JFK International Airport, Jamaica, NY 11430, (718) 553-3335. The supplemental information may be reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on supplemental material provided by the applicant, the PANYNJ, to the FAA in

[[Page 18066]]

support of the PANYNJ's application to impose a PFC at JFK, LGA, and EWR and use the PFC revenue at JFK for the construction of an LRS. The supplemental material includes all correspondence and data provided to the FAA by the PANYNJ after July 21, 1997, which was the date of the PANYNJ's submission of its formal application for the LRS. In addition, the FAA invites comment on FAA and Federal Transit Administration memoranda pertaining to the supplemental material, and correspondence from the FAA to the PANYNJ concerning the supplemental material. The FAA will issue a new decision on the PANYNJ's application under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR Part 158). This new decision will replace the FAA's prior decision dated February 9, 1998, which was vacated by the United States Court of Appeals for the District of Columbia on March 5, 1999.

Background

On February 9, 1998, the FAA issued a Record of Decision (ROD) on a PFC application submitted by the PANYNJ. This ROD approved collection of $823,000,000 in PFC revenue and use of $1,148,000,000 (includes previously approved PFC collections) to construct an LRS at JFK. The LRS consists of three segments: a central terminal area (CTA) loop component; a component to connect the CTA loop to the Howard Beach subway station; and a component to connect the CTA loop to the Jamaica Station Long Island Rail Road/Sutphin Boulevard subway station.

As a part of the decision making process for PFC applications, the FAA publishes a notice in the Federal Register informing the public of the FAA's intention to rule on the pending application and inviting public comment on that application. The FAA considers all comments during its deliberations on the application and responds to all substantive comments in the ROD. The PFC application for the LRS was submitted to the FAA by the PANYNJ on July 21, 1997. The FAA published the Federal Register notice on July 29, 1997. The Federal Register public comment period closed on August 28, 1997.

As a part of the FAA's responsibilities with regard to rendering decisions on PFC applications, the FAA must determine that each approved project is adequately justified. After reviewing the application submitted by the PANYNJ, the FAA found that further documentation was required to support a finding of adequate justification. Accordingly, the FAA asked the PANYNJ for information which the agency deemed to be clarifying information. In its March 5, 1999, decision, Air Transport Authorityv. Federal Aviation Administration (No. 98-1109), the United States Court of Appeals for the District of Columbia found that the clarifying information was a material supplement to the PANYNJ's application provided after the close of the Federal Register comment period. The Court vacated and remanded the FAA's ROD on the PANYNJ PFC application ordering that the public be given the opportunity to comment upon the information submitted by the PANYNJ subsequent to the close of the prior Federal Register comment period.

Any person may inspect the application and supplementary information described above in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT, and at the FAA's New York Airports District Office located at 600 Old Country Road, Suite 446, Garden City, NY, and at the FAA's Passenger Facility Charge Branch office located at FAA Headquarters, 800 Independence Avenue, SW, Washington, DC, in room 619 (call (202) 267-3845 to arrange for access).

In addition, any person may, upon request, inspect the application, notice and supplemental information germane to the application in person at the offices of the PANYNJ.

Issued in Washington, DC, on April 1, 1999. Paul L. Galis, Director, Office of Airport Planning and Programming.

[FR Doc. 99-9133Filed4-12-99; 8:45 am]

BILLING CODE 4910-13-M