Policy and Procedures Concerning the Use of Airport Revenue;
NoticeFederal Register / Vol. 64, No. 30
Federal requirements on airport revenue useand lists those
requirements. The Final Policy also describes prohibited and permitted
uses of airport revenue and outlines the FAA's enforcement policies
and procedures.
statutory requirements that pertain to the use of airport revenue and
the maintenance of an airport rate structure that makes the airport as
self-sustaining as possible.
Section VI, ``Prohibited Uses of Airport Revenue,'' describes
categories and examples of uses of airport revenue not considered to
be
permitted under 49 U.S.C. 47107(b). The discussion is not intended to
be a complete list of all prohibited uses but is intended to provide
examples for practical guidance.
``Payments under project grant agreements,'' to provide the Secretary,
with certain limitations, to withhold approval of a grant application
or a new application to impose a Passenger Facility Charge (PFC) for
violation of the revenue-use requirement. Section 112(c) authorizes
the Secretary to impose civil penalties up to a maximum of$50,000 on
airport sponsors for violations of the revenue retention requirement.
Consequently, in addition to the prohibition against awarding grants
to airport sponsors that have illegally diverted revenue, the FAA
considers the lawful diversion of airport revenues by airport sponsors
under the grandfather provision as a factor militating against the
distribution of discretionary grants to the airport, if the amounts
being lawfully diverted exceed the amounts so lawfully diverted in the
airport's first year after August 23,1994. Section 112(e), which
amended the Anti-Head Tax Act, 49 USC Sec. 40116(d)(2)(A), prohibits a
State, political subdivision, or an authority acting for a State or
political subdivision from collecting a new tax, fee, or charge which
is imposed exclusively upon any business located at a commercial
service airport or operating as a permittee of the airport, other than
a tax, fee, or charge utilized for airport or aeronautical purposes.
Under section 47107(n), the Secretary, acting through the
Administrator of the FAA, will perform fact finding and conduct
hearings in certain cases; may withhold funds that would have
otherwise been made available under Title 49 of the U.S. Code to a
sponsor including another public entity of which the sponsor is a
member entity, and may initiate a civil action under which the sponsor
shall be liable for a civil penalty, if the Secretary receives a
report disclosing unlawful use of airport revenue. Section 47107(n)
also includes a statute of limitations that prevents the recovery of
funds illegally diverted more than six years after the illegal
diversion occurs. The Secretary is also authorized to recover civil
penaltiesin the amount of three times the unlawfully diverted airport
revenue under 49 U.S.C. Sec. 46301(n)(5). Section 47107(o) requires
the Secretary to charge a minimum annual rate of interest on the
amount of any illegal diversion of revenues. Interest is due from the
date of the illegal diversion. Section 47107(l)(5) imposes a statute
of limitation of six years after the date on which the expenseis
incurred for repayment of sponsor claims for reimbursement of past
expenditures and contributions on behalf of the airport. A sponsor may
claim interest on the amount due for reimbursement, but only from the
date the Secretary determines that the airport owes a
sponsor.Procedural History In response to provisions in the 1994
Authorization Act, the FAA issued the Proposed Policy. (61 FR 7134,
February 26, 1996) After reviewing all comments received in response
to the notice, the FAA issued the Supplemental Notice on December 11,
1996, and requested
further public comment. (61 FR 66735, December 18, 1996) Although the
FAA published both documents as proposed policies, both notices stated
that the FAA would apply the policies in reviewing revenue-use issues
pending publication of a final policy. The Department received 32
comments on the Proposed Policy and received 50 comments on the
Supplemental Notice. Comments were received from airport owners and
operators, airline organizations, transit
authorities, and affected businesses and organizations. Mostof the
commenters were airport owners and operators. The Airport Council
International-North America and theAmerican Association of Airport
Executives also provided comments supporting the sponsor/operator
positions. Two major groups commented on behalf of the airlines--the
Air Transport Association of America and the International Air
Transport Association. The Aircraft Owners and Pilots Association
and the National Air Transportation Association commented on behalf of
the generalaviation and private aircraft owners. AOPA was primarily
concerned with sponsor/airport accountability and the prompt and
effective enforcement of the revenue diversion prohibitions.
--
President of The United States
Guy Ralph Perea Sr President of The United States
Weatherdata1046am0426 a Discussion Group of
Weatherdata<http://groups.google.com/group/weatherdata1046am0426>
USFMSC
http://www.cityfreq.com/ca/avalon/
QUALIFY
http://ptusss.blogspot.com/2012/08/proof-of-weather-spotter-qualify.html
OCCUPS
http://www.occupationalinfo.org/02/025062010.html
goldlandabstracts; link check
own search engine - The United
States International Policies
http://apps.facebook.com/faceblogged/?uid=1340855784
http://lnk.ms/8d5gl aol
http://groups.google.com/group/united-states-of-american
http://ptusss.blogspot.com/
http://twitter.com/guyperea
http://twitter.com/ptusss Federal Communication
Commission<http://columbiabroadcast.spaces.live.com/>
Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau of as
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
https://plus.google.com/100487463984952448443
https://twitter.com/presidentus1
http://ptusss.blogspot.com/2012/03/march-19-2012-rules-federal-swordfish_18.html
No comments:
Post a Comment