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

[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Notices]
[Pages 18065-18066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9133]


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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.

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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. 99-9133 Filed 4-12-99; 8:45 am]
BILLING CODE 4910-13-M