81_FR_52114 81 FR 51963 - Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1B

81 FR 51963 - Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1B

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 151 (August 5, 2016)

Page Range51963-51964
FR Document2016-18670

This notice announces a request for comments on the draft FAA Order 5500.1B, Passenger Facility Charge. When finalized, this Order will replace Order 5500.1, Passenger Facility Charge, issued on August 9, 2001. This revised Order clarifies and updates statutory and regulatory requirements, including those affected by changes to the PFC statute from multiple FAA reauthorizations.

Federal Register, Volume 81 Issue 151 (Friday, August 5, 2016) 
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51963-51964]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18670]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Passenger Facility Charge (PFC) Program; Draft FAA Order 5500.1B

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: This notice announces a request for comments on the draft FAA 
Order 5500.1B, Passenger Facility Charge. When finalized, this Order 
will replace Order 5500.1, Passenger Facility Charge, issued on August 
9, 2001. This revised Order clarifies and updates statutory and 
regulatory requirements, including those affected by changes to the PFC 
statute from multiple FAA reauthorizations.

DATES: Comments must be received on or before September 30, 2016.

ADDRESSES: An electronic copy of draft FAA Order 5500.1B, and comment 
form, is available after August 4, 2016, through the Internet at the 
FAA Airports Web site at http://www.faa.gov/airports/ airports/. You may submit 
comments using the Draft PFC Order 5500.1B Comment Form available at 
the same

[[Page 51964]]

web address, using any of the following methods:
     Email: [email protected].
     Facsimile: (202) 267-5302.
     Mail: FAA Office of Airports, Office of Airport Planning 
and Programming, Financial Analysis and PFC Branch (APP-510), Room 
619E, 800 Independence Avenue SW., Washington, DC 20591.
    For more information on the notice and comment process, see the 
SUPPLEMENTARY INFORMATION section of this document. Privacy:

FOR FURTHER INFORMATION CONTACT: Joe Hebert, Manager, Financial 
Analysis and Passenger Facility Charge Branch, APP-510, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591, telephone (202) 267-8375; facsimile (202) 267-5302, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Documents

    You can get an electronic copy of this notice and the Draft PFC 
Order 5500.1B by visiting the FAA's Airports Web page at http://www.faa.gov/airports/ after August 1, 2016.

Background

    The Passenger Facility Charge Program (PFC) is an airport capital 
funding program, established by the Airport Safety and Capacity 
Expansion Act of 1990 as amended, 49 U.S.C. 40117 et seq. Order 5500.1, 
Passenger Facility Charge, issued August 9, 2001, provides instructions 
and sets forth policy and procedures used in the administration of PFC 
Program. The PFC Program allows the collection and use of fees up to 
$4.50 per enplaned passenger at commercial airports controlled by 
public agencies.
    The primary audience for this order is all FAA employees with 
Passenger Facility Charge (PFC) responsibilities. The secondary 
audience includes Public Agencies and Air Carriers involved with 
collecting, using, and reporting PFC revenues. This Order, once 
finalized, is intended to replace the above referenced 2001 PFC Order 
with updated information that reflects current legislation, regulation, 
and policy. The Office of Airports reorganized and revised this Order 
to clarify what is required by law and policy and to incorporate PFC 
Updates 35-02 (dated October 5, 2001) though 69-12 (dated September 14, 
2012).
    Since 2001, there have been substantial changes to the laws, 
regulation, and policies relating to PFCs.
    To incorporate these changes and provide the most useful and 
current program guidance to agency employees, the Office of Airport 
Planning and Programming, Financial Assistance Division has drafted an 
updated version to revise the Order to maximize its clarity. This 
update is a fundamental rewrite of FAA Order 5500.1, the current 
version of the PFC Order. The update clarifies the different 
responsibilities of the FAA Office of Airports staff and those of 
public agencies applying to collect and use PFCs. The update also 
clarifies the responsibilities of air carriers collecting, handling, 
and remitting PFCs to public agencies. This updated version of the 
Order includes the requirements for all PFC funded projects and can be 
used as a ready-reference for project-specific requirements.

Invitation for Public Comment

    While the FAA generally does not request public comment on internal 
orders, the agency is offering this opportunity for public comment in 
recognition of the interest of multiple stakeholders of the aviation 
industry in PFCs. The agency will consider all comments received by the 
closing date of the comment period in finalizing this Order. Comments 
received after that date may be considered if consideration will not 
delay agency action on the Order.
    Comments should be submitted on the Draft PFC Order 5500.1B Comment 
Form, which is available for downloading at http://www.faa.gov/airports/. Comments that are not submitted on the Draft PFC Order 
5500.1B Comment Form may be considered only if consideration will not 
delay agency action on the Order.

     Issued in Washington, DC, on July 29, 2016.
Elliott Black,
Director, Office of Airport Planning and Programming.
[FR Doc. 2016-18670 Filed 8-4-16; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices 51963 TVA accepted comments submitted January 20–21, 2016. This council is reduce adverse impacts associated with through an electronic comment form on chartered under the Federal Advisory proposed actions, include: the EIS Web site, by post and email. Committee Act and provides advice to • Implementation of fugitive dust During the comment period, TVA held TVA on energy resource activities. control systems; 10 public meetings to discuss the Draft Council members represent a diverse • Erosion and sediment best EIS and proposed site-specific closures group of stakeholders, including TVA management practices (BMPs) (e.g., silt with interested members of the public customers, state governments, fences and/or or truck washes) to reduce and to accept comments on it. TVA environmental advocacy groups and the risk of impacts to surface waters published notices of the public meetings educational institutions. After from construction impacts; in local and/or regional newspapers as discussion of the Draft EIS and TVA’s • Other construction BMPs to well as provided information on TVA’s analyses, the only additional action that minimize and restore areas disturbed Web site. the Council recommended that TVA during construction such as revegetation Additionally, TVA briefed customers, take was to conduct a robust monitoring with native species; business leaders and local, state and program at its CCR facilities. • Implementation of supplemental federal officials on the EIS in one-on- The NOA for the Final EIS was groundwater mitigative measures that one meetings, a webinar and conference published in the Federal Register on could include monitoring, assessment, calls. TVA created a five minute video June 10, 2016. Although not required, or corrective action programs as that was shown at meetings and posted TVA solicited comments on the Final required by the CCR Rule and state on the web. EIS during the mandatory 30-day requirements. TVA received approximately 70 waiting period after a final EIS is Additional measures identified in Part comment submissions which included released. II, the Site Specific NEPA review letters, emails, petition-style Only 11 commenters responded. Most include: submissions, comment forms, and of the comments consisted of brief • Evaluate the use of a temporary submissions through the project Web statements. Four commenters had traffic signal to minimize traffic impacts site. The comment submissions were concerns about impacts from CCRs. during the transport of borrow material signed by more than 650 individuals. TVA responded to similar concerns to the Bull Run Fossil Plant. Approximately 583 individuals and from commenters on the draft EIS. One Dated: July 28, 2016. groups submitted comments as part of commenter simply informed us that it Robert M. Deacy, Sr., organized campaigns. These comments was permitted to construct a municipal Senior Vice President, Generation were received as part of emails, form solid waste landfill in Tennessee near a Construction, Projects & Services, Tennessee letters and submissions consisting of the rail line that would be able to accept Valley Authority. text and a list of names and addresses coal ash, but construction had not yet [FR Doc. 2016–18600 Filed 8–4–16; 8:45 am] of those who supported the comments. commenced. Another commenter BILLING CODE 8120–08–P TVA provided responses to these endorsed Closure-in-Place. The comments. Commonwealth of Kentucky and the Two organized commenting U.S. Army Corps of Engineers observed campaigns were submitted by: DEPARTMENT OF TRANSPORTATION that their approvals may be needed for • Sierra Club (411 individuals signed a some closure activities in the future. Federal Aviation Administration form letter) The Department of the Interior supports • Southern Alliance for Clean Energy TVA’s plans to transition to dry ash Passenger Facility Charge (PFC) (164 individuals signed a petition) storage and concluded that TVA had Program; Draft FAA Order 5500.1B In addition, the Southern responded to all of its comments in the final EIS. AGENCY: Federal Aviation Environmental Law Center (SELC) and Administration (FAA), DOT. nine other environmental advocacy The two remaining commenters were groups submitted an 89-page letter with the SELC with a coalition of other ACTION: Notice and request for hundreds of pages of attachments environmental advocacy groups and the comments. commenting on the Draft EIS. This letter EPA. SELC’s comments largely repeated SUMMARY: This notice announces a was also carefully reviewed and its earlier comments. They continue to request for comments on the draft FAA responded to by TVA. argue that TVA needs to conduct Order 5500.1B, Passenger Facility The most frequently mentioned topics additional studies before making closure Charge. When finalized, this Order will included the public involvement decisions. Notably, no other federal, replace Order 5500.1, Passenger Facility process, the action purpose and need, state, or local agency or government Charge, issued on August 9, 2001. This range of closure alternatives, criticized the FEIS or objected to the revised Order clarifies and updates identification of the preferred identification of Closure-in-Place as statutory and regulatory requirements, alternative, need to comply with other TVA’s preferred approach to closing the including those affected by changes to federal and state requirements, need for 10 CCR facilities that are evaluated in the PFC statute from multiple FAA full public disclosure, beneficial use of part II of the FEIS. As discussed above, reauthorizations. CCR and a range of environmental EPA rated the FEIS ‘‘LO’’ and concurred resource issues such as, potential with TVA’s identification of Closure-in- DATES: Comments must be received on impacts on groundwater, surface water, Place as its preferred alternative in the or before September 30, 2016. transportation, wildlife, floodplains, site-specific reviews in part II. ADDRESSES: An electronic copy of draft mstockstill on DSK3G9T082PROD with NOTICES wetlands, air quality, socioeconomics FAA Order 5500.1B, and comment form, Mitigation Measures and environmental justice, land use, is available after August 4, 2016, safety and waste management. The reduction of environmental through the Internet at the FAA Airports TVA also provided information about impacts was an important goal in TVA’s Web site at http://www.faa.gov/ the Draft EIS and its preliminary process for identifying CCR airports/. You may submit comments conclusions to a formal session of its impoundment closure methods. using the Draft PFC Order 5500.1B Regional Energy Resource Council on Mitigation measures, actions taken to Comment Form available at the same VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1

51964 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices web address, using any of the following To incorporate these changes and to reduce paperwork and respondent methods: provide the most useful and current burden, invites the general public and • Email: 9-faa-arp-pfc-order-55001b@ program guidance to agency employees, other Federal agencies to take this faa.gov. the Office of Airport Planning and opportunity to comment on proposed • Facsimile: (202) 267–5302. Programming, Financial Assistance and/or continuing information • Mail: FAA Office of Airports, Office Division has drafted an updated version collections, as required by the of Airport Planning and Programming, to revise the Order to maximize its Paperwork Reduction Act of 1995, Financial Analysis and PFC Branch clarity. This update is a fundamental Public Law 104–13 (44 U.S.C. (APP–510), Room 619E, 800 rewrite of FAA Order 5500.1, the 3506(c)(2)(A)). Currently, the IRS is Independence Avenue SW., current version of the PFC Order. The soliciting comments concerning TD Washington, DC 20591. update clarifies the different 8770, Certain Transfers of Stock or For more information on the notice responsibilities of the FAA Office of Securities by U.S. Persons to Foreign and comment process, see the Airports staff and those of public Corporations and Related Reporting SUPPLEMENTARY INFORMATION section of agencies applying to collect and use Requirements; and TD 8662, Stock this document. Privacy: PFCs. The update also clarifies the Transfer Rules. FOR FURTHER INFORMATION CONTACT: Joe responsibilities of air carriers collecting, DATES: Written comments should be Hebert, Manager, Financial Analysis handling, and remitting PFCs to public received on or before October 4, 2016 to and Passenger Facility Charge Branch, agencies. This updated version of the be assured of consideration. APP–510, Federal Aviation Order includes the requirements for all ADDRESSES: Direct all written comments Administration, 800 Independence PFC funded projects and can be used as to Tuawana Pinkston, Internal Revenue Avenue SW., Washington, DC 20591, a ready-reference for project-specific Service, Room 6526, 1111 Constitution telephone (202) 267–8375; facsimile requirements. Avenue NW., Washington, DC 20224. (202) 267–5302, email joe.hebert@ Invitation for Public Comment FOR FURTHER INFORMATION CONTACT: faa.gov. Requests for additional information or While the FAA generally does not SUPPLEMENTARY INFORMATION: request public comment on internal copies of the regulations should be orders, the agency is offering this directed to Martha R. Brinson, Internal Availability of Documents opportunity for public comment in Revenue Service, Room 6129, 1111 You can get an electronic copy of this recognition of the interest of multiple Constitution Avenue NW., Washington, notice and the Draft PFC Order 5500.1B stakeholders of the aviation industry in DC 20224, or through the Internet at by visiting the FAA’s Airports Web page PFCs. The agency will consider all Martha.R.Brinson@irs.gov. at http://www.faa.gov/airports/ after comments received by the closing date SUPPLEMENTARY INFORMATION: August 1, 2016. of the comment period in finalizing this Title: TD 8770, Certain Transfers of Background Order. Comments received after that Stock or Securities by U.S. Persons to date may be considered if consideration Foreign Corporations and Related The Passenger Facility Charge Reporting Requirements; and TD 8862, Program (PFC) is an airport capital will not delay agency action on the Order. Stock Transfer Rules. funding program, established by the OMB Number: 1545–1271. Comments should be submitted on Airport Safety and Capacity Expansion Regulation Project Number: TD 8770 the Draft PFC Order 5500.1B Comment Act of 1990 as amended, 49 U.S.C. and TD 8662. Form, which is available for 40117 et seq. Order 5500.1, Passenger Abstract: A United States entity must downloading at http://www.faa.gov/ Facility Charge, issued August 9, 2001, generally file a gain recognition airports/. Comments that are not provides instructions and sets forth agreement with the IRS in order to defer submitted on the Draft PFC Order policy and procedures used in the gain on a Code section 367(a) transfer of 5500.1B Comment Form may be administration of PFC Program. The stock to a foreign corporation, and must considered only if consideration will PFC Program allows the collection and file a notice with the IRS if it realizes not delay agency action on the Order. use of fees up to $4.50 per enplaned any income in a Code section 367(b) passenger at commercial airports Issued in Washington, DC, on July 29, 2016. exchange. These regulations provide controlled by public agencies. guidance and reporting requirements The primary audience for this order is Elliott Black, related to these transactions to ensure all FAA employees with Passenger Director, Office of Airport Planning and compliance with the respective Code Facility Charge (PFC) responsibilities. Programming. sections. The secondary audience includes Public [FR Doc. 2016–18670 Filed 8–4–16; 8:45 am] Current Actions: There are no changes Agencies and Air Carriers involved with BILLING CODE 4910–13–P to these existing regulations. collecting, using, and reporting PFC Type of Review: Extension of a revenues. This Order, once finalized, is currently approved collection. intended to replace the above referenced DEPARTMENT OF THE TREASURY Affected Public: Business or other for- 2001 PFC Order with updated profit organizations. information that reflects current Internal Revenue Service Estimated Number of Respondents: legislation, regulation, and policy. The 580. Office of Airports reorganized and Proposed Collection; Comment Estimated Time per Respondent: 4 revised this Order to clarify what is Request for Regulation Project mstockstill on DSK3G9T082PROD with NOTICES hours, 7 minutes. required by law and policy and to AGENCY: Internal Revenue Service (IRS), Estimated Total Annual Burden incorporate PFC Updates 35–02 (dated Treasury. Hours: 2,390. October 5, 2001) though 69–12 (dated ACTION: Notice and request for The following paragraph applies to all September 14, 2012). comments. of the collections of information covered Since 2001, there have been by this notice: substantial changes to the laws, SUMMARY: The Department of the An agency may not conduct or regulation, and policies relating to PFCs. Treasury, as part of its continuing effort sponsor, and a person is not required to VerDate Sep<11>2014 17:42 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1


Document Created: 2016-08-05 06:43:18
Document Modified: 2016-08-05 06:43:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesComments must be received on or before September 30, 2016.
ContactJoe Hebert, Manager, Financial Analysis and Passenger Facility Charge Branch, APP-510, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone (202) 267-8375; facsimile (202) 267-5302, email [email protected]
FR Citation81 FR 51963 
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