HomeMy WebLinkAboutC96-016 US Department of TransportationU. S Department of Transportation 1. Application Type (Check all that n a. Impose PFC Charoes Passenger Facility Charge (PFC) Application FAA USE ONLY Date Received Action n Approved OMB Approved 21 C '9b 167o b. Use PFC Revenue Approved in Part Action: ❑R c. Amend PFC No.: 93-01-C-00-EGE Disapproved PFC No.: PART 2. Public Agency Name, Address, and Contact Person 3. Airport(s) to Use: Agency Name Eagle County Regional Airport Eagle County Regional Airport Address 517 Airport Road North Ramp - P.O. Box 850 City, State, ZIP Eagle, CO 81631 Contact Person Mr. Jim Fritze, County Attorney PART II 4. Charges a. Airport to Impose: b. Total Estimated Net c. Level: d. Proposed Effective Date: e. Estimated Expiration Date: PFC Revenue: $1.00 EGE $ 342,555 $2.00 October 31, 1995 February 28, 1996 QX $3.00 PART III 5. Attachments (Check all that Apply) Attached Submitted with Application Dated: a. ❑ Fx February 18, 1993 Airport Capital Improvement Plan b. El I A February 18, 1993 Project Information C. QX Air Carrier Consultation Information d. ❑ ❑ Not Applicable Request to Exclude Class(es) of Carriers e. F-1 F� Not Applicable Alternative Uses / Projects f. EX El Additional Information 6a. Date of Written Notice to Air Carriers: 6b. Date of Consultation Meeting with Air Carriers: June 15,1995 July 27, 1995 PART IV 7. With respect to this PFC application I hereby certify as follows: To the best of my knowledge and belief, all data in this application are true and correct; This application has been duly authorized by the governing body of the public agency; The public agency will comply with the attached assurances if the application is approved; and For those projects for which approval to use PFC revenue is requested, all applicable ALP approvals, airspace determinations, and environmental reviews required by the National Environmental PolicyAct have been completed. a. Typed Name of Authorized Representative b. Title c. Telephone Number 970-328-8605 d. Fax Number Mr. George A. Gates Commissioner 970-328-7207 e. Signature of Authorized Representative f. Date Signed Agency Display of Estimated Burden Public reporting b4den of this collection of information is estimated to average 5-160 hours per response depending on the complexity. Send comments regarding the accuracy of this burden estimate or any other aspect of this information collection to the Office of Management and Budget (OMB), Paperwork Reduction Project 2120-0557, Washington, DC 20503 and to the Department of Transportation, Federal Aviation Administration, Program Support Branch, ARP -11, 800 Independence Avenue, SW, Washington, DC 20591. FAA Form 6500-1 (6-94) NSN: 0052-00-915-9000 EAGLE COUNTY PFC ASSURANCES CERTIFICATION STATEMENT The undersigned Commissioner of the Eagle County Regional Airport, Eagle, Colorado, assures and certifies, with respect to the PFC application and projects including each individual project work element submitted in its application to impose a PFC at EGE Airport: 1) Responsibility and authority of the public agency. It has legal authority to impose a PFC and to finance and carry out the proposed projects. A resolution, motion or similar action has been duly adopted or passed as an official act of Eagle County authorizing the application, including all understandings and assurances contained therein, and directing and authorizing the person or persons holding the position of Commissioner as the official representative of the public agency to act in connection with the application. 2) Compliance with regulation. It will comply with all legal provisions of 14 CAR Part 158 not inconsistent with the provisions of the Airport Noise and Capacity Act of 1990 (enacted November 5, 1990) and the authority of the Secretary of Transportation to issue regulations implementing Section 9110 of the Act. 3) Compliance with state and local laws and regulations. It has complied, or will comply, with all applicable state and local laws and regulations. 4) Environmental, airspace and airport layout plan (ALP) requirements. It will not use PFC revenue on a project until the FAA has notified the public agency that: a) Any actions required under the National Environmental Policy act of 1969 have been completed; b) The appropriate airspace finding required by FAA regulations has been made; and c) The FAA Airport Layout Plan (ALP) with respect to the project or project work element has been approved to the extent such approval authority of the FAA is required by regulations of the FAA for such project or an individual project work element, and the regulation or related guidelines requiring ALP approval is available to the public agency at the time of submission of a PFC application for approval to use PFC revenues. 5) Nonexclusivity of contractual agreements. It will not enter into an exclusive long term lease or use agreement with an air carrier or foreign air carrier for the use of projects funded with PFC revenue. Such lease or use agreements will not preclude the public agency from funding or developing new capacity at the airport using PFC and other sources of airport revenues or funds, and reserving and assigning such new capacity for the use of new entry carriers or expanding, competitive carriers. 6) Carryover provisions. It will not enter into any lease or use agreement with an air carrier or foreign air carrier for the use of any airport facilities financed in whole or in part with revenue derived from a PFC if such agreement for such facility contains a carryover provision regarding a renewal option which, upon expiration of the original lease, would operate to automatically extend the term of such agreement with such carrier in preference over any potentially competing air carrier or foreign air carrier seeking to negotiate a lease or use agreement for such facilities. 7) Competitive access. It agrees that any lease or use agreements between the public agency and any air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a PFC will contain a provision that permits a public agency to terminate the lease or agreement if - a) The air carrier or foreign air carrier has an exclusive lease or use agreement for existing facilities at such airport; and b) Any portion of its existing exclusive use facilities is not fully utilized and is not made available for use by potential competing air carriers or foreign air carriers at compensatory rtes not exceeding the rates paid for such similar facilities to the public agency. 8) Rates, fees and charges. a) It will not treat PFC revenue as airport revenue for the purpose of establishing a rate, fee or charge pursuant to a contract with an air carrier or foreign air carrier. b) It will not include in its rate base by means of depreciation, amortization or any other method, that portion of the capital costs of a project paid for by PFC revenue for the purpose of establishing a rate, fee or charge pursuant to a contract with an air carrier or foreign air carrier. C) Notwithstanding the limitation provided in subparagraph (b), with respect to a project for terminal development, gates and related area, or a facility occupied or used by one or more air carriers or foreign air carriers on an exclusive or preferential basis, the rates, fees and charges payable by such carriers that use such facilities will be no less than the rates, fees, and charges paid by such carriers using similar facilities at the airport that were not financed by PFC revenue. 9) Standards and specifications. It will carry out the project in accordance with FAA airport design, construction and equipment standards and specifications contained in advisory circulars current on the date of project approval with the understanding that such standards are minimum standards of compliance. 10) Record keeping and audit. It will maintain and accounting record for audit purposes for a period of 3 years after completion of the project. All records will satisfy the requirements of 14 CFR Part 158 and will contain documentary evidence for all items of project costs. 11) Reports. It will submit reports in accordance with the requirements of 14 CFR Part 158, Subpart D, and as the Administrator may reasonably request. 12) Airport Noise and Capacity Act of 1990. I understand that sections 9304 and 9307 of the Airport Noise and Capacity Act of 1990 require the authority to impose a PFC be terminated if the Administrator determines the public agency has failed to comply with that act or with the implementing regulations promulgated thereunder. DATE: January 29, 1996 Ze� A"Q?4�� Mr. orge A!Gates Commissioner EAGLE COUNTY REGIONAL AIRPORT PHONE # (303) 524-9490 FAX: (303) 524-8247 January 29, 1996 Mr. Chris Schaffer EAGLE COUNTY, COLORADO PFC Manager Federal Aviation Administration Denver Airports District Office 5440 Roslyn St., Suite 300 Denver, Colorado 80216-6026 RE: Proposed Amendment to Passenger Facility Charge (PFC) Eagle County Regional Airport - Application #I to Impose and Expend Dear Mr. Schaffer: P.O. BOX 850 EAGLE, COLORADO 81631 Eagle County is pleased to submit this proposed amendment to Eagle County Regional Airport PFC Application #1 to impose and use PFCs. Attached with the proposed amendment application form are justification for the proposed amendment and evidence of further consultation with air carriers. There is no air carrier disagreement with the proposed amendment. As the responsible official for Eagle County, I, George A. Gates, certify that this application is true and correct and the County (the governing body of the public agency operating Eagle County Regional Airport) has authorized the submission of this amendment to the PFC application. Respectfully Submitted, BY: GeorgeX. Gate Commissioner